Vilkår for helseressurs

Health Resource Agreement – Memento U

Last revised: January 14, 2019

 

  1. General Terms
    • Memento U

Memento Network AS and its affiliates («Memento U», «we» or «us»,) welcomes you to Memento U Application, www.getmemento.app, and Memento U’s other websites, online locations, and mobile applications (collectively, the «Sites»).

We provide a duplex software-platform within the health-, activity- and training segment that is available as a mobile application on Apple Store and Google Play. The Memento U application service («Application») is free to download and use. Memento U receives a percentage of all transactions that are completed with a registered Health Resource – 1 on 1, as duo or groups sessions and events.

In the Application you can register as a health resource («Health Resource») and upload («Activities») and offer your service to the registered users («Users»). Users may book Activities that are available based on location and other preferences and the Health Resources set dates and time.

The different Activities that may be uploaded, booked and completed through the Application can be workouts, training or rehabilitation, consisting strength training, running, dancing, stretching and similar. Memento U does not organize or perform any Activities ourselves.

This («Agreement») relates to all use of the Application, licensed by Memento U. Please read this Agreement carefully before downloading or using the Application. By accessing, using or browsing the Application or any part thereof, you acknowledge that you have read, understood and agree to be bound by the terms of the Agreement, including the Privacy Policy. If you do not agree to the Agreement, please do not use or browse the Application.

  • Agreement Documents

This Agreement consists of this Health Resource Agreement and the Privacy Policy. If conflict between the two arises, the Health Resource Agreement has precedence.

  • Revision of this Agreement

The Agreement may be revised or updated from time to time. Accordingly, you should revise the Agreement regularly for updates. You can determine when the Agreement were last revised by referring to the «Last Revised» date at the top of this page. Each time you access, use or browse the you signify your acceptance of the current terms of service.

Memento U may, at any time, make changes to all content available on or through the Application, including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the “Content”), services or features of the Application, and any other aspect of the Application.

If you do not want to accept the revised Agreement, you may terminate the Agreement with immediate effect by deleting your account and uninstalling the Application.

  • User Restrictions

You understand and agree that Memento U may discontinue or restrict your use of all or any part of the Application if you violate the Agreement, if we have a strong suspicion of violation of the Agreement, for your own security reasons, or if we are required by law or order from the authorities.

  1. Account and Profile
    • Registering as a Health Resource

When you create an account, you must register your full name, email address, telephone number, place of residence and requested password. Furthermore, you must via the resource admin panel upload specialties / areas of expertise (e.g strength training, rehabilitation), work experience documentation, educational documentation, Stripe account and liability insurance documentation for approval.

You will be able to login to your account after confirming your email address. Your email address will be your username in the Application.

After the approval from Memento U you can add your work zones, pricing information (based on location) and work schedule.

In such case that you have previously been suspended or banned from the Application, you may not receive any approval from Memento U.

You will also be asked to register supplemental information such as certificates, courses etc., affiliations, e.g, clinic or fitness center which you are affiliated, merits regarding sports or fitness, languages mastered. The supplemental information will be visible on your public profile.

You are responsible for registering correct, accurate, legal and complete information and you must commit to keeping your information updated at all times. You cannot register with an email address that is not yours, in the name of another person or legal entity.

The user name and password are strictly personal. It is your responsibility to keep your password safe and to make sure that your password at no time is made available to third parties. You are liable for any use of your account, with the only exception of instances where we are directly responsible for others gaining unauthorized access to your account.

A failure to comply with this provision, may constitute as a fundamental breach of the Agreement that can result in an immediate termination of your account in Application.

  • Health Resource Profile

There will be created a profile on your account where your full name, profile picture and other registered information will be visible. The profile is public and can be viewed by anyone accessing the Application

  • Deletion of your Account

You can delete your own account at any time and there are no notice periods required to do so. We reserve the right to delete your account if it has been inactive for more than 365 days. Notice will be given 14 days prior to deletion.

A deletion of your account will not terminate your payment obligations as described in Section 3.

 

  1. Calendar, Booking and Payment

    • Calendar management

As a Health Resource you will be able to manage your availability and work zones at any time via your admin panel. Here you can add your schedule by day and time – two weeks ahead.

  • Confirmation and Completion of a Booking

When a user requests a session via booking, you choose if you want to accept or decline the session. You will also be able to contact the User through the chat function if more information about the booked Activity is needed.

When the booked Activity has been completed the payment will be made and ratings/comments can be added by both parties. Your feedback is visible for the publicity and the specific Health Resource. The ratings given by the Health resource to the User is visible only for the User and other Health Resources.

  • Payment Service

When registering as a Health Resource you must register your payment account for the payment of your performed Activities.

The Payment service in the Application is provided by Stripe. When processing a payment through Stripe you accept the user agreement of Stripe and the additional policies, such as the «Privacy Policy». You may use the Stripe service by logging on to your existing Stripe account, signing up and registering a new account or continuing the payment without an account.

Memento U receives 10-25% of the payment from the User and the Health Resource receives 75-90% of the amount payed. The cut is based on the approved level of the Health resource.

  • Cancellation Policy

You may cancel any scheduled slots for booking through the admin panel. By canceling the timeslot, it will not be available for booking for Users.

Both User and Health Resource may cancel any booked and approved sessions in the Application before the 24h limit.

All cancellations by the Health Resource must be done no later than 24 hours in advance. Upon a cancellation of a booked Activity later than 24 hours before a session, you will get a new count in your Health Resource profile saying the total number of cancelled sessions.

The User will be notified about the cancellation immediately and will be given the opportunity to book a new Activity with another Health Resource. The User will also be notified by the Application and via email about the cancellation.

If a User cancels a booked Activity later than 24 hours of the Activity time, you will be fully charged for the booked session and Memento U and the Health Resource will receive full payment of the cancelled session.

  • Automatic Cancellation

The Application has an automatic cancellation system. When a Health Resource is booked for a one on one, duo or group session there are several systems in place;

  1. If the Health Resource has not approved the session before the (24h) deadline the session will be automatically cancelled.
  2. If one or more Users has not agreed to a duo or group session before the (24h) deadline and/or the minimum number of participants is not reached it will be automatically cancelled.
  3. If as session is booked on the same day as the session date;
    1. If the Health Resource has not approved the session no later than (2h) before it starts, it will be automatically cancelled.
    2. If one or more Users has not agreed to a duo or group session before the (2h) deadline and/or the minimum number of participants is not reached it will be automatically cancelled.

This system is in place to protect both the Health Resource and the User from unnecessary no show or acute cancelled sessions.

 

  1. Software, License and Proprietary Rights
    • Software License

You acquire, upon installing the Application, a personal, non-exclusive, non-transferable and revocable right to use the Application in its current and future versions, pursuant to the provisions of this Agreement.

  • Software Content

All content available on or through the Application including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, materials, works and deliverables (collectively, the «Content»). Services or features of the Application, and any other aspect of the Application, are unless owned by a third party, the ownership of Memento U. You agree that you will not use any Content other than as permitted herein, without Memento U‘s prior written consent. Memento U may, at any time, make changes to all Content.

  • Intellectual Property Rights

You acknowledge and agree that, as between Memento U and you, all right, title, and interest in and to the Application and any related current and future functionality, including, without limitation, any patents, copyrights, trademarks, trade secrets, inventions, know-how, and any other intellectual property rights, are owned exclusively by Memento U.

(a) Copyright: All Content (other than User Content) is the copyright and property of Memento U, its licensors, related entities or content providers and is protected by international copyright laws. Other than with respect to your own User Content, you agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any of the Application, including, without limitation, the Content other than as expressly authorized by Memento U in writing.

(b) Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Application is proprietary to Memento U, its licensors, related entities, or content providers. Third party trademarks referenced on the Application do not constitute or imply affiliation with, endorsement, or recommendation of Memento U by the respective trademark owners.

  1. Privacy

By using the Application, you consent to having your personal data collected and processed pursuant to our Privacy Policy.

Please review our Privacy Policy, which is incorporated in this Agreement. If you do not agree with the Privacy Policy, you are not authorized to access or use the Application.

 

  1. Acceptable use of the Application and Conduct
    • Acceptable Use and Conduct Policy

You commit to ensure that the Application is not used in any other way than intended by us or the purposes of the Application and pursuant to this Agreement. You agree not to perform any of the following actions;

  1. use the Application in a way violating law, regulation or governmental order; violate the rights of others;
  2. creating income that is not reported as taxable or regulated income to your company or/and yourself as a person, thus violating law, regulations or governmental order;
  • try to gain unauthorized access to or disrupt any service, device, data, account or network by the use of the Application;
  1. engage in any sort of cheating, hacking, tampering, modifying, altering, decipher, decompile, disassemble, or reverse engineer of the software;
  2. send virus or other malicious code;
  3. recruit or otherwise solicit any User to join third party services or websites that are competitive to Memento U, without our prior written approval;
  • act in a way that could harm Memento U or impair anyone else’s use of it;
  • use the Application or act in any way or situation related to an Activity that could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage;
  1. transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  2. stalk, harass, defame, threaten, or harm another individual;
  3. send unsolicited or unauthorized advertising or commercial communications,
  • display any disrespectful or inappropriate behavior at any time during any Activity;
  • create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Memento U;
  • impersonate or misrepresent your identity or your affiliation with any person or entity;
  1. use the Application to transmit, distribute, post, or submit any information concerning any other person or entity;
  • schedule an Activity with any User that you were introduced to through the Application;
  • accept other payment from Users that are not included in the Application,
  • contact a User for any reason other than for reasons that pertain to an Activity that was booked;
  • transfer or sell any booked Activity to other individuals;
  1. register for more than one Account, register for an Account on behalf of an individual other than yourself, or transfer the Account to another party without our consent;
  • harvest or otherwise collect information about others, including, without limitation, email addresses or other contact information, without their consent;
  • cause, advocate, encourage, or assist any third party in doing any of the foregoing.

Violation of the terms in this Section 6 may result in immediate termination of this Agreement. We will suspend your account only to the extent reasonably necessary. Unless we believe an immediate suspension is required, we will provide reasonable notice before terminating your account.

  • User Content

The Application may include features that permits you to send information, materials, emails and other types of messages or notices to Memento U or to other users of the Application, create a profile in connection with your Account accessible by Health Resources or other users, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the Application («User Content»).

You retain the rights you hold in your User Content. All User Content made available in the Application is strictly of the originating author or user, who shall be solely responsible for the User Content. Use of or reliance on User Content is entirely at your own risk.

You warrant and covenant that your User Content does not violate any applicable law, infringe or violate any other person’s or entity’s rights, or require any third party releases or any payment to a third party, is harmful, threatening, abusive, harassing, vulgar, hateful, racially, or otherwise offensive or discriminatory, obscene, pornographic, violent, defamatory, libelous or invasive of another’s privacy or publicity rights, infringes any trade secret or intellectual property rights of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product.

Memento U reserves the right to edit, block, or remove any User Content if the User Content does not comply with the provision of this Section.

 

  1. Warranties and Liability
    • Warranties

The Application is delivered «as is” with no warranty regarding User or Health Resource availability in the Application. With the exceptions of the regulations of the applicable law.

To function properly, the Application uses certain third party services. You acknowledge that additional terms and conditions may apply for these third party services, even if such terms and conditions are not part of this Agreement, and we have no responsibilities related to such third party services.

You are responsible for the use of the Sites, including choice and/or use of available settings in the Application. You have the sole responsibility of securing that the use of the Application is in accordance with applicable law in your jurisdiction.

Your participation in any Activity is at your sole risk. You understand that Memento U is not a party to any Activity between Users and Health Resources. Memento U makes no warranties to safety or suitability of any Activity.

Memento U makes no representations, warranties, guarantees or endorsements as to any third part products or services they may be used in the Activities, as to amounts Health Resources may earn through the Application, cancellation of any Activity or the conduct of a User.

You understand and agree that Health Resources are not employees, agents, joint ventures or partners of Memento U. Memento U solely offers a service for Users and Health Resources to connect with one another. Health Resources act exclusively on their own behalf and not on behalf of Memento U.

  • Liability

Our liability is limited to the delivery of the Sites. Memento U shall not, under any circumstances, be liable for personal injury or other indirect losses or damages derived from the use of the Sites. You cannot assert other liability or other rights to compensation than those specified in this provision.

Indirect losses and damage includes interruption losses, lack of anticipated savings, loss of earnings or profits, losses incurred by third parties, losses as a result of an agreement with a third party being annulled or amended, as well as other commercial or pecuniary losses, loss of data, loss of computer time or operating losses.

Our liability for damages or losses, regardless of cause and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to your direct and documented losses. Total compensation shall not exceed the amount you have paid to us the last 6 months. The limit on indirect losses also applies where we have been made aware of the possibility of such losses or that such damages can occur.

  1. Infringement and Dispute Resolution
    • Defaults and Termination

In the instance of a default of the Agreement by you, we may put limitations on your account, including suspending your account for as long as we see necessary.

In the instance of a material breach of the Agreement by you, we may terminate the Agreement with immediate effect. Upon such termination, your account will be deleted.

Memento U may investigate and prosecute violation of the terms of the Agreement. We may involve and cooperate with law enforcement authorities in prosecuting Users that are suspected of or that violate serious terms of the Agreement.

  • Complaints

If you are dissatisfied with the Application, you are advised to contact our customer service at support@mementonetwork.zendesk.com.

Memento U will handle your issue within reasonable time. If you want to file a complaint regarding the Sites, defaults at our responsibility or other deviations from your expectations and you therefore want to submit a demand, you must specify the complaint in writing within reasonable time after you discovered or should have discovered the concerned issue.

You may contact the Norwegian Consumer Council for advice, see www.forbrukerradet.no.

If you are dissatisfied with our handling of your issue, you are advised to submit your complaint via the European Commission’s Online Dispute Resolution («ODR»), see; https://ec.europa.eu/consumers/odr.

Please include the following e-mail address when submitting your complaint: Complaint@mementonetwork.zendesk.com.

Alternatively, you may submit the complaint directly to the Norwegian Consumer Council for mediation.

You are advised to submit a complaint to the Consumer Disputes Commission, see; www.forbrukerklageutvalget.no.

Complaint about breach of privacy laws may be lodged to the supervisory authority of privacy in Norway, Datatilsynet. See; www.datatilsynet.no.

  • Choice of Law and Legal Venue

This Agreement shall be construed in accordance with and be governed by the laws of Norway.

In the event of any dispute, claim or controversy between Memento U and you, the parties must participate in a mediation meeting before court proceeding. If mediation fails, the parties may resolve the dispute before the court.

Norwegian courts of law. Sør-Trøndelag court house shall be the legal venue.