1. Who we are
Abbott Laboratories, s.r.o., with its registered office at: Evropská 2591/33d, 160 00 Prague 6 – Dejvice, Czech Republic, with registration number 25095145, registered in the Commercial register maintained by the Municipal Court in Prague, file no. C 48372 („Abbott“).
2. Terms and Conditions
2.1. These Terms and Conditions (the „Terms“) apply to you (the „User“) using the Abbott App „MySure“ (the „Application“).
2.2. By clicking the “I Agree“ button below, you agree that you have read, understood and will comply with these Terms and any amendments thereto when accessing this Application.
3. Intended use of the Application
3.1. This Application is intended for use by oncological patients using the ProSure® or Ensure® Plus Advance Oral Nutritional Supplements to help them track their daily intake and support them to better adhere to their healthcare professional’s advice.
3.2. This Application is by no means a medical device nor a means of receiving medical advice. No information obtained from and no use of the Application shall be construed as a provision of healthcare services.
3.3. You may not access or use the Application for any purposes other than those stipulated by this Article. You hereby represent that you will not use the Application for any illegal or unauthorized purposes.
4. Access to the Application
4.1. Your access to the Application is subject to these Terms, which may be updated or changed from time to time without prior notice to users („Add-ons“). Abbott reserves the right to terminate access to the Application, in whole or in part, at any time and for any reason, without prior notice.
4.2. Users are responsible for regularly checking these Terms for amendments. Any individual use of the Application following any change to these Terms constitutes your agreement to any such amendment to these Terms, effective from the date you last used the Application. If you do not agree to these Terms, the sole and exclusive remedy is to discontinue your use of this Application.
5. Application Ownership and Intellectual Property rights
5.1. This Application, all source codes, databases design, audiovisual properties, text and graphics are a sole ownership of Abbott and may only be licensed by Abbott.
5.2. No part of the Application, its source codes, databases design, audiovisual properties, text and graphics may be copied, sold, reproduced, published, distributed or licensed without Abbott’s written approval.
5.3. The content of this Application is provided „as is“ for the User’s information and personal use only.
6. Data fees
Neither Abbott nor its licensors are responsible for any data charges that individuals may incur while accessing the Application or the Abbott Nutrition website at www.nutrition.abbott/cz. The User of the Application is solely responsible for paying all fees incurred by him.
7. Scope of business conditions
In order to access some features of this Application, the User will be transferred to the Abbott Nutrition website at www.nutrition.abbott/cz . Use of www.nutrition.abbott/cz is subject to Abbott’s online Terms, which can be viewed here: https://nutrition.abbott/cz/terms-of-use.
8. Application
8.1. Abbott excludes any liability associated with the use of the Application under any circumstances. Patients are advised to consult their healthcare proffesional with all questions, concerns and issues related to their treatment and health in general. The Application does not provide guidance for treatment or recommendations for use of oral nutritional supplements – these are always subject to recommendation from healthcare proffesional of each individual patient.
8.2. Abbott hereby disclaims any liability for damages that may be suffered by any person, whether directly, indirectly, immediately or subsequently, and which arose in a contract, breach of law, (including negligence) or otherwise, arising out of or in connection with the use of the Application and any treatment or care decisions made by the User of the Application.
9. Complaints about Abbott products
If you wish to report a complaint about an Abbott product or this Application, please use the form at https://nutrition.abbott/cz/contact-us.
10. Personal information
Abbott does not process your personal information with regard to your using of the Application. You hereby represent that you will not enter any personal information into the Application.
11. Limitation of Liability
11.1. Abbott will use reasonable care to ensure that the information and content of the Application is accurate, complete, current and always available and does not infringe any rights of third parties. The Application and its content and information are provided „as is„ and „as available“ with all errors. To the fullest extent permitted by applicable law, Abbott disclaims all representations and warranties regarding the completeness of the Application, information, content in the Application, and results of generated Applications, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, suitability for a particular purpose, title or non-infringement of the rights of third parties.
11.2. The information and content of the application do not constitute medical advice or guidance in relation to any particular disease. To the maximum extent permitted by Applicable law, Abbott disclaims any liability for damages that may be suffered by any person, either directly, indirectly, immediately or subsequently, and which arose from a contract, willful misconduct (including negligence) or otherwise arising out of or in in connection with the use of the Application or any treatment or care decisions made by the user, except in the event of death or personal injury resulting from Abbott’s negligence.
11.3. Abbott is not responsible or liable for the accuracy, effectiveness, timeliness, or appropriateness or suitability of any information or content obtained from third parties, including any hyperlinks to and from third party websites or applications.