Meri Body B.V.
General terms and conditions (T&Cs)
Version dated: 15 February 2020
Table of contents
1.1 About Meri Body App
The Meri Body (meaning “my body” in Hindi) app (the “App”) uses mobile technology to educate adolescent (semi) literate young women on body literacy by using simple animation videos, with multilingual voiceovers. Being an unique feature in the world, the App provides multi-lingual and colloquial content about the female cycle for young persons in those environments where understanding about menstruation and reproductive healthcare is still a taboo.
The App’s information and content has been assembled with the greatest of care and to the very best of our knowledge from internal and external sources by Meri Body B.V., a private limited company in the Netherlands (“Meri Body” or “we”). Meri Body emphasizes that the App features and services are only to be used to provide you with information and to build awareness. They cannot replace consultation with and diagnosis by a healthcare professional. Under no circumstances does Meri Body issue medical therapy recommendations or medical advice of any kind. For questions on the illness and therapy, we recommend contacting a healthcare professional.
1.2 Scope of our general terms and conditions (“T&Cs”)
Please note that before using the App first time you will be asked to consent to our T&Cs. After that, usage of the App will be considered a demonstration of your consent to these T&Cs. We explicitly reserve the right to make future changes and factually justified modifications to our T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our users. Such changes are possible at any time and will be published in an appropriate manner, giving a user the opportunity to oppose them in writing within a month after the publication. If they are not opposed, the ongoing use of our App is subject to the relevant new T&Cs.
1.3 Third-party suppliers
You will find the App in the app stores. In general, the business terms of the relevant thirdparty supplier, over which we have no influence, apply there; said terms are not part of our T&Cs nor our contractual relationship with you as the user. This also applies to the business terms and conditions of your mobile device or service supplier.
2 PRIVACY & DATA PROTECTION
We are aware of the major responsibility that comes with your use of our product. Not only do you provide us with general personal data but also with data on your health. Protecting your privacy is our utmost priority. We hope the following sections will help you understand how Meri Body deals with the personal information provide to us via Internet (App store Platforms).
2.1 User provided information
The App obtains information about your email address when you register for an account and when you use the features of the App. Registration to use the App is mandatory. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and appropriate marketing promotions.
2.2 Technical information
In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.
2.3 Third party sharing
Information that users directly input into the App is not shared with any third parties unless there is a scenario that meets one of these conditions:
- as required by law;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
- We may work with analytics companies to help us understand how the App is being used, such as the frequency and duration of usage.
2.4 Data retention
We will retain data provided by a user to the App (“User Provided Data”) for as long as you use the App and for a reasonable time thereafter. We will retain automatically collected information for up to 24 months and thereafter may store it in aggregate. Please note that some or all of the User Provided Data may be required in order for the App to function properly.
Meri Body cares about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. We use industry standard Secure Sockets Layer (“SSL”) protocols to protect online communication and transactions involving your personal information using the strongest encryption available. Please be aware that, although we try our best provide adequate security for information we process and maintain, no security system can prevent all potential security breaches.
3.1 The use of our App requires your registration with Meri Body. In order to avail the shout out features of the App, you must register using an email address and password.
3.2 The activation is confirmed to you directly after registration by a separate email. We reserve the right to reject individual users or their offer to conclude a contract without stating a reason.
3.3 On registration, the user confirms their acknowledgement and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete; they are also obliged to regularly update their personal information. We reserve the right to contact users at any time to verify registration data and usage information.
3.4 If a user provides false, incorrect, out-of-date, or incomplete information or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, Meri Body is entitled to block the relevant user with immediate effect without prior notice and prohibit the use of our services without being obliged to repay the User.
4. USE OF OUR PRODUCT & SERVICES
4.1 The software, code, methods, and systems used by Meri Body in relation to the App as well as the content of our App (together: the “Product”) is protected by copyright and competition law and may exclusively be used by Meri Body. Our Product or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of Meri Body. Unless otherwise provided by these T&Cs, all of the usage and exploitation rights are owned exclusively by Meri Body or an affiliated company and there is no licensing of any kind for our Product.
4.2 If this is required for the technical provision of our App functions, each user grants Meri Body a non-exclusive, revocable but free, transferable exploitation and usage right, unrestricted in terms of time and location, to the content that they generate, transfer, store, or publish within our App. Usage or exploitation is however excluded if this disproportionally adversely affects the legitimate interests of the user (e.g. privacy rights). In the event of usage outside our App, if appropriate, we will indicate that the content comes from the user. Meri Body does not claim any ownership of added content and will not assume any supervisory function with regard to content added by users.
4.3 Availability of our App
We provide our App in each case in accordance with the existing technical, economic, operational, and organizational possibilities. Meri Body cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our App or communication with users. We partly offer our App in cooperation with third-party suppliers and are therefore also dependent on the technical provision of thirdparty services. Therefore Meri Body accepts no responsibility, guarantee, liability, or obligation to provide our App online at all times without interruptions.
4.4 The liability disclaimer of clause
4.3 also applies to restrictions in using our App which are due to force majeure, strikes, lockouts, and official instructions or due to technical modifications or maintenance work on the Meri Body systems. In the event of disruptions or failures of our App, please contact firstname.lastname@example.org any time.
5. YOUR BEHAVIOR
5.1 Each user is entitled and obliged to use our App at their own risk and expense whilst deploying suitable technical equipment. The devices and operating systems that are compatible with the App can be found in the app stores.
5.2 You are also obliged to use our App exclusively in compliance with these T&Cs
5.3 Each user is obliged to state their registration data truthfully, to keep it up-to-date and complete as well as not to pass it on to any third party. Personal data must be treated confidentially, managed carefully and backed up under one’s own responsibility. Meri Body accepts no liability or other guarantees whatsoever for lost or damaged data or content except in case of wilful misconduct, fraud or gross negligence on our part.
5.4 Content such as photos, images, texts, videos, or other depictions may only be stored, published, transferred, or distributed in connection with our App if the user has the right to transfer or use them. In all cases the use of racist, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content of all kinds is always prohibited.
5.5 Furthermore it is prohibited to decrypt, reverse engineer, decompile, or disassemble our App. Each user is obliged not to undertake any disruptive interferences by technical or electronic means in our Product or networks of Meri Body (in particular hacking attempts, brute force attacks, introducing viruses, worms, trojan horses, other malicious software) nor any type of attempted disturbance that might affect the software or hardware of the Product and systems of Meri Body.
6. OUR RESPONSIBILITY
6.1 Unless otherwise provided by these T&Cs, Meri Body is only liable to the extent as laid down in mandatory provisions of Dutch law.
6.2 Meri Body provides no guarantee for our App being completely available without interruption and without errors or that the required software and hardware operates without errors. We can also not exclude the possibility that data could be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other telecommunication networks.
6.3 Meri Body accepts no liability for downloaded content or material that users have received as a result of using our App. A user is solely liable for all damage that could be created in their IT system or devices or for the loss of data as a result of downloading materials associated with our Product.
6.4 Furthermore Meri Body is not liable for third-party content such as external links, banners, other information, or advertising offers from third parties that can be placed as part of our App. If we enable access to the offers of third parties via notifications or links, Meri Body is in no way responsible for the information contained therein. Resulting legal transactions with third parties lead exclusively to contractual relationships between the user and the relevant third party. We accept no guarantee or other liability for the services of third parties.
6.5 Disclaimer and indemnification The use of our App does not replace consultation with a healthcare professional or other medical advice and is undertaken exclusively at the user's own risk. The user explicitly acknowledges that such data may be defective and Meri Body accepts no responsibility for it being correct.
6.6 The user will indemnify Meri Body against all third party claims arising against Meri Body as a result of the wrongful infringement of its rights by the user with regard to use of our App. All other claims for damages by Meri Body against the user remain unaffected.
6.7 The user carries full liability for all damage and disputes in and out of court arising from conflicts with other users. Meri Body is under no circumstances responsible for actions or omissions by other users and any resulting damage.
7. FINAL PROVISIONS
7.1 Choice of law
Regardless of the place from which the App is used, these T&Cs and the entire legal relationship between Meri Body and the user are subject exclusively to Dutch law.
7.2 Place of jurisdiction
In the event of disputes between a user and Meri Body concerning the App, the Product, these T&Cs or the interpretation thereof, the Dutch courts shall be exclusively competent.
7.3 Applicability with regard to Meri Body
All stipulations in these T&Cs are not only intended for Meri Body but shall include its directors, shareholders, legal successors and all individuals employed with Meri Body as well as all individuals whose acting or omission Meri Body would be held liable for by law.