Terms of Service

  1. Introduction
    1. Giinger Pte Ltd (“Guarday”) operates an interactive online platform and mobile apps aiming to help people manage elderly information and providing wearable products for people.
    2. In order to be able to use the complete spectrum of Guarday’s products and services, a one-time registration shall be required.
    3. Certain content (e.g., photos, likes, etc), including general descriptions of Guarday are for viewing without registration
    4. Guarday’s goal is to connect people closer to their family or loved one and to create a positive contribution to family and aging population.
    5. Your health is very important to us. ALWAYS consult your doctor about whether the Guarday device will be right for you. Guarday neither substitutes any medication nor is responsible for your behavior or health. The contents of the Guarday portal (it doesn’t matter if provided by Guarday, partners or users) aren’t a help or an alternative to the information of a doctor. With the confirmation of these General Terms of Service, you confirm that you are solely responsible for the use of a Guarday device.
    6. Guarday has been developed specifically for people who may need help via an SOS alert system and should only be used for that purpose. Some countries, states or regions have laws related to location based tracking of people, animals, and objects. It’s the sole responsibility of the owner and user to abide by the law and rules in the area the Guarday device is used.
  2. Validity of the General Terms of Service
    1. Guarday offers the interactive online platform and mobile apps on the basis of these General Terms of Service. By registering, the user consents to the validity of Guarday’s General Terms of Service.
    2. Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms of Service.
    3. These General Terms of Service shall apply to all points of access ([sub-]domains, mobile access) regarding Guarday’s offering of products and services. In particular, the Guarday online offering will be accessible via the following domains: Guarday.com and others
    4. These General Terms of Service shall be valid until cancelled in the currently valid version as of February 9th, 2016. Guarday reserves the right to amend these General Terms of Service at any time. Following such amendment, the continued use of Guarday's offering by any registered user is subject to such user's consent to such amended terms of service. At any time, the then-current version of the General Terms of Service is available for viewing on the Guarday website.
    5. Solely the German version of these General Terms and Service is binding.
  3. Subject of the Agreement
    1. Currently, Guarday essentially offers its users the following applications and information in several languages:
    2. Internet platform (label: Guarday website)
    3. Tracking Website
    4. Shop: In this category Guarday displays and links to some external shops, which provide Guarday products. Guarday act as agent and not as a vendor. Therefore special shop terms and service are defined and are not part of these General Terms and Service.
    5. Content / Blog (texts, pictures, photos, videos) regarding elderly, health etc… will be presented by Guarday and professional third parties (doctors, health blogs, etc ...)
    6. General Terms and Service
    7. Web applications (label: Guarday)
    8. Guarday offers applications (apps) for iPhone, Android smartphones on a global scale.
    9. These applications can be used both isolated on the smartphone as well as in connection with the Guarday portal.
    10. Subject to the user's consent, relevant data is transmitted from the smartphone to the Guarday portal and shared with other social networks (e.g., Facebook), respectively.
    11. The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the Guarday portal, certain costs of the mobile carrier will be incurred that have to be borne by the user.
    12. Limitation: The service is only available to users of smartphones. Only the basic functionality of the application is available for free. Additional terms of Service on the part of the mobile phone-providers apply.
    13. Other services of Guarday
    14. Updates via Email: Guarday will send newsletters to registered users. A user allows Guarday with admission to these terms of Service to send newsletters. The user can opt-out of receiving a newsletter in every edition. After opting out the user won't get newsletters from Guarday anymore. Note that it can take up to 48 hours until this requested change is being processed.
  4. Registration
    1. In order to be able to use the online web portal of Guarday, a one-time, free registration is required.
    2. Only persons legally capable of entering into agreements on their own behalf shall be permitted to register with Guarday. Minors may only register with Guarday subject to the explicit consent of their parents or legal guardians. A written consent shall be sent using the support system at contact(at)guarday.com
    3. By registering, the user confirms its knowledge and the unlimited recognition of the content of these General Terms of Service.
    4. Each user shall register with Guarday only once and confirms with its registration that it has not registered with Guarday before and has not deleted a previously activated user account.
    5. In principle, two ways of registration exist:
    6. Registration by use of the registration form
    7. Adoption of registration details from the social network Facebook via Facebook Connect
    8. ad 5.1) The registration with Guarday begins with a registration form. The user shall provide the details requested on such forms (e.g., first name, last name) completely and correctly unless such details are marked as voluntary. The registration is only possible by use of the civil name (hence no phantasy names or pseudonyms).
    9. ad 5.2) Registration via Facebook Connect requires the confirmation that the selected details, which the user has already confirmed on Facebook, shall be adopted by the Guarday network. The user can subsequently add to or reduce such details in its own profile.
    10. Following successful registration, the user can log in to Guarday by either (i) entering its user name or email address as well as the chosen password or (ii) causing the log-in via Facebook connect.
    11. If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these General Terms of Service), Guarday will delete the (partially) activated user account within a period of seven days.
    12. Guarday reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly and permanently.
    13. Guarday is not responsible for the actual identity of the user since personal identification via the Internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users (e.g., adding as a friend, writing messages). In this connection, the user shall observe the recommendations regarding the sharing of personal details.
  5. Right of cancellation for consumers
    1. If you as a User are registered at Guarday for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of Singapore Consumer Protection Law:
    2. The right of withdrawal from the contract:You may cancel your contractual agreement with Guarday in writing (e.g., by letter, fax) within 7 (seven) working days without stating a reason. The seven working day period begins for contracts for the provision of services with the date of the contract. Depending on your subscriptions some cancellation fees may apply. The contract can be canceled by sending a timely notification to: Giinget Pte Ltd , 33 Amber Gardens #01-05, 439968 Singapore, Singapore or reach out to contact@guarday.com.
    3. Consequences of cancellation: In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services and Guarday device rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfil the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
    4. Additional information: The User's right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation. Pre-paid service fees for Guarday device users can only be refunded, if the device has been activated for 7 days or less and the pre-paid amount was for a full one-year service. Pre-paid monthly service fees cannot be refunded.
  6. Termination and Cancellation
    1. Each user shall have the right to terminate the use of Guarday's online platform at any time via its account settings or by contacting Guarday. Such termination shall be confirmed once.
    2. Additionally, Guarday reserves the right to cancel a membership for important reasons (e.g., gross breaches of user obligations – see point VII. Sanctions and Consequences Upon Breach of User Obligations of these General Terms of Service).
    3. As a result of the termination of use or cancellation, all personal details (user account), provided by the user upon registration, shall be deactivated. Any details made public by the user (e.g., pictures, photos, likes and comments on other users' photos) will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
    4. In the event of termination of the use of the Guarday platform, upon request of the user, all saved personal details shall be irrevocably deleted. The user shall request such deletion by contacting Guarday Customer Support at help.Guarday.com, which shall include the email address provided to Guarday. Once deleted, there will be no way to recover this information at a later point.
    5. Each user will have to return back the Guarday device in working condition to Giinger Pte Ltd (Singapore), including the dock station, cable, and SIM. Giinger will solely decide about the refund.
  7. User Obligations and Conduct
    1. The user of the Guarday platform shall be required,
    2. to truthfully provide, and keep current, its registration details (see. point IV Registration of these General Terms of Service), and not to pass on such details to third parties.
    3. to only save, publish, transmit and distribute such content (photos, pictures, text, representations, videos, ...), if the user is authorized to pass on such content, i.e., if the user has the exclusive right to use such content or, if the user is not the owner of such rights with respect to content provided by it, the user guarantees to Guarday that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trade marks. The user shall be exclusively responsible for such content.
    4. In particular, it shall not be permitted to save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal.
    5. not to send chain letters or messages to more than one recipient at one time (mass emails or spam).
    6. not to carry out any disrupting interferences in the Guarday network by use of technical or electronic aids, in particular hacking attempts, brute-force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Guarday's software or hardware.
    7. not to copy, distribute, transmit or collect by use of technical aids (e.g., crawlers or bots) accessible details without the consent of the respective owner.
    8. The user of the Guarday platform shall
    9. provide prompt notice of any detected breaches of the aforementioned obligations.
    10. diligently care for the personal details and only allow such persons access to its own details that are close to the user.
    11. regularly save important personal details externally (storage medium, hard drive, clouds). Guarday shall not be responsible for any lost or impaired details (see point X. Representations and Warranties, Limitation of Liability of these General Terms of Service).
    12. The user of the Guarday device shall
    13. use the device for its dedicated purpose. Significant over-use of data-intensive LIVE-tracking might lead to temporarily disabling features for a user, who will be contacted and informed over email with a warning to provide a chance to change behavior.
  8. Sanctions and Consequences Upon Breach of User Obligations
    1. In order to ensure the proper and reliable provision of services, Guarday shall undertake or cause the undertaking of the following sanctions and consequences upon breach obligations by a user.
    2. The type of sanction shall depend on the purpose, impact, and type of the breach in light of Guarday's and the user's interests. The following sanctions shall be possible:
    3. Warning
    4. Deletion of content
    5. Temporary deactivation of user account
    6. Cancellation (irrevocable deactivation)
    7. In the event a user account shall be canceled, the respective user shall not be permitted to register again with the Guarday.
  9. Content Created by Users and Rights to such Content
    1. Guarday permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these General Terms of Service, in order to upload, save, publish, distribute, transmit and share content with other users.
    2. The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
    3. The user consents that marketing measures may also be taken in the proximity of created content, which is marketed by Guarday.
    4. Guarday shall have the right to save content or disclose such content to third parties, to the extent this is required by law or reasonably necessary and legally permissible, in order to
    5. comply with statutory law, or court or administrative orders;
    6. ensure compliance with these General Terms of Service;
    7. react to claims of breaches of law raised by third parties; or
    8. safeguard the rights, property or personal safety of Guarday, its users and the general public.
    9. The user grants Guarday the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Guarday shall have the right to use, irrespective of the type of usage, all content both as part of the Guarday platform and any other activity of Guarday or any company affiliated with Guarday. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Guarday uses content created by a user outside the Guarday platform, Guarday shall note that such content was created by the user.
    10. Guarday does not claim ownership of any content created by users and will not supervise such content.
    11. Guarday reserves the right to delete content created by users, such as photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these General Terms of Service, may be sanctioned accordingly (see point VII. Sanctions and Consequences upon Breach of User Obligations of these General Terms of Service).
    12. Guarday shall not be responsible for inaccurate content created by users.
  10. Representations and Warranties, Limitation of Liability
    1. Representations and Warranties
    2. Guarday does not represent or warrant that the online portable will be available at all times, completely and free from errors or that the necessary hardware and software work without errors.
    3. Guarday does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties
    4. The user uses the Guarday offering exclusively at its own risk. This applies, without limitation, to
      1. the related use of any hardware, including, but not limited to the respective smartphone
      2. downloading of the user's own and third party content;
      3. any use by the user of data created or provided by Guarday. The user explicitly acknowledges that any such data or content may contain errors, and Guarday does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
    5. The use of any software or hardware offered by Guarday is no substitute for the consultation by the user of a specialized doctor or health specialist.
    6. Additionally, Guarday does not make any representations or warranties with respect to external links, banners or other information and marketing offer that may be placed for the user. Any contractual arrangements entered into between the user and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between such user and the third party provider only. Guarday does not make any representations or warranties with respect to products or services of third party providers.
    7. Liability
    8. Guarday shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Guarday has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Guarday shall not be liable to other businesses and shall be liable to consumers only for personal damages Guarday shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
    9. Unless required by statutory law, neither Guarday nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online portal or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
  11. Indemnification by Users
    1. The user indemnifies Guarday for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Guarday network by such user or another usage by such user of applications available via the Guarday network. The user shall bear the costs of any legal proceedings in which Guarday may be involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user did not culpably cause such infringement.
    2. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Guarday all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Guarday may be entitled to bring against the user shall not be affected.
  12. Data protection
    1. This website uses Google Analytics, a web analysis tool provided by Google Inc. ("Google"). Google Analytics uses cookies, which are stored on your computer and allow traffic on the website to be analysed. The information collected by these cookies concerning your use of this website (including your IP address) will be transferred to and stored on a Google server in the US. Google will use this information to evaluate your use of this website, to produce reports on website activities for website owners and to provide further services linked to the use of both the website and the internet. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data collected by Google.
    2. If a user visits a site on this website containing a retargeting tag, a cookie will be stored on the user's computer. Thereby, the user can be assigned to the appropriate target group list. The cookie will be used in order to re-inform the user at a later point of time by means of remarketing campaigns (advertisement regarding the user's interests). Studies have shown that advertisement concerning the user's interests is more interesting for the user than advertisement without any reference to interests or websites visited previously. You may refuse the use of cookies by selecting the appropriate settings on your browser. Further information about conditions of use and data protection can be found at www.google.com/policies/privacy. However, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
    3. We would like to point out that we use the social network Facebook's website custom audiences in the context of usage based online advertisement. The custom audience pixel provides information about the way visitors use our website. The collected information about the website user can be associated with information about the related Facebook user. We can use the information in this way for displaying interest-based advertising. In the course of the hashing process personal data are converted into checksums. This makes it impossible to track the identity of a Facebook user. The information mentioned above will be stored for 60 days. Further information about website custom audiences and the possibility to revoke data collection can be found at https://www.facebook.com/settings/?tab=ads.
    4. We would like to point out that we use Twitter's Conversion Tracking and Tailored Audiences in the context of Twitter Advertising. Those products are offered through Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. User data will be collected through our website in order to set up advertisement concerning the user's interests as well as for conversion tracking. Further information about Twitter Advertising and information about how you can prevent Tailored Audiences can be found at https://support.twitter.com/articles/20171528.
  13. Miscellaneous
    1. Changes to the General Terms of Service
    2. Changes to these General Terms of Service, other than changes to point III. The subject of the Agreement of these General Terms of Service and II. 4. The validity of the General Terms of Service requires the consent of the user. In the event that the user does not consent to the changed General Terms of Service, it shall not be permitted to any further use of the Guarday platform.
    3. Any changes to these General Terms of Service must be in writing. No ancillary oral arrangements exist.
    4. In the event that individual provisions of these General Terms of Service shall be or become invalid, all other terms of Service shall remain in full force and effect.
    5. Governing Law and Jurisdiction
    6. These General Terms of Service and all contractual relations and litigation between the users and Guarday shall be subject to Singapore law only, subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
    7. Place of delivery and exclusive court of jurisdiction shall be Singapore, Singapore

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