These terms give you information about us and the legal terms on which we sell any of our products or services.
In these terms “you” refers to the person using the product or service. The terms “mementor”, “we” or “our” collectively refer to mementor DE GmbH. By using the somnio online program you agree to abide by and be subject to these general terms. If you do not agree with any of these terms, do not use the somnio online program.
2. Subject matter
mementor provides the use of the online program somnio. somnio offers you information and exercises on the subject of sleep disorders based on evidence-based psychotherapeutic methods.
somnio is not a substitute for a diagnosis or medical or psychotherapeutic treatment. It is not intended to diagnose, cure, or prevent any disease.
Your reliance on information and content through the use of the online program is solely at your own risk.
Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.
We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.
3. Access authorization
The prerequisite for the use of somnio is a registration. With the registration you declare to be of full legal age and accept the terms and conditions. The terms and conditions come into force as soon as the registration for somnio has been completed.
Registration is only possible with an activation code or directly through partner companies and partner health insurers of mementor.
For the use of somnio you receive the simple, non-exclusive and non-transferable right of use. An acquisition of the contents is not associated with this.
somnio is available to you during the license period. For technical reasons (e.g. routine or necessary maintenance work) the availability of somnio may be temporarily limited.
Our products and services come with guarantees that cannot be excluded under the Competition and Consumer Act (Cth) 2010 as amended from time to time (the “Australian Consumer Law”). If you are a “consumer” under the Australian Consumer Law, you are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
Some of the products and services we sell to you come with a manufacturer’s warranty. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty provided with the products. The manufacturer’s warranty is in addition to but may overlap with any rights or remedies you may have under applicable law, including any consumer guarantees under the Australian Consumer Law.
5. Your obligations
To access the program, you will need individual registration data. You are responsible for keeping this data confidential and for preventing its misuse. In the event of misuse of any kind, you must inform mementor. In the event of a breach of contract, mementor is entitled to block your access. You are liable for any misuse for which you are responsible for.
The terminal equipment costs (e.g. laptop) and telecommunication fees (e.g. costs for internet access) incurred for the use of somnio shall be borne by you. For use outside this country, corresponding roaming charges may apply, which are to be borne by you.
Any required software (e.g. operating system or internet browser) which is necessary for the use of somnio has to be installed by you. Furthermore, you are responsible for creating the technical requirements for access to somnio, especially with regard to the hardware used, the operating system software, the connection to the internet and the browser software.
In the case of further development of somnio, it is your responsibility to make the necessary adjustments to the hardware and software used by you (e.g. updating the browser).
We strongly recommend that you contact a doctor or psychotherapist before you start using somnio. If you have difficulty staying awake during the day, if you are pregnant, if you fall asleep during the day without the appropriate intention, if you are generally very worried about your sleep or if there is any other uncertainty about your health, you should always consult a medical professional. If for any reason you feel very tired during the day, you should refrain from driving and operating machinery.
You agree to indemnify and hold mementor and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the online program or breach of these terms.
Limitation of liability
In no event will mementor be liable for any direct or indirect loss or damage whether through negligence or otherwise (including, without limitation, special, consequential or exemplary damages; damages for loss of profits, goodwill, loss of data; or other intangible losses) suffered by you or any other person as a result of, or in connection with your use of the online platform.
7. Exclusion of liability
mementor is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of the information you receive through the online program.
THE ONLINE PROGRAM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the online program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The information you receive is non-binding information. The information contained in the online program reflects the knowledge of experts and is based on the findings of scientific studies. However, errors cannot be ruled out. mementor does not guarantee the accuracy, completeness and topicality of the information provided in the online program. Under no circumstances will the expert system and its operators be liable – either directly or indirectly – for any loss or damage that you may incur as a result of relying on the information you have obtained while using the system.
mementor accepts no liability if the information and information provided is used contrary to its express purpose for self-diagnosis or self-treatment. The same applies if, on the basis of the information and details provided, a necessary consultation with a doctor or psychotherapist does not take place.
mementor is in no way liable for any direct or indirect damage, damage dependent on fault or damage independent of fault, which may occur due to access, use or impossibility of use.
The content of the online program somnio is subject to the copyright of mementor. The content is based on scientifically recognised psychological methods, which have been developed by psychological experts.
You have the possibility to download material and information for personal use. This material is intended exclusively for your own use and may not be passed on to third parties or commercially distributed. Any distribution, modification or reproduction of material and information is not permitted.
Pictures, graphics and the layout of somnio are property of mementor and may not be reproduced or distributed without prior written permission.
mementor reserves the right to make changes or additions to the information provided without prior notice.
10. Final clause
The laws of New South Wales, Australia govern these terms.