Last updated: February 22, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://europe.prediabaid.com/wp/ website, and the Prediabaid System mobile application, and Apparatus (together, or individually, the “Service”) operated by Melsao USA Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MELSAO USA INC. ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
No Medical Advice
The Prediabaid System is a lifestyle change program developed for those who have received a diagnosis of prediabetes or who think they may be prediabetic. You should consult with your physician if you seek to subscribe to the Prediabaid System and have any concerns about whether the Prediabaid System is right for you.
The Prediabaid System does not confirm or deny the diagnosis of prediabetes or any other physical or mental condition. The health data (e.g., physical activity, weight, fasting glycaemia, etc.) you provide to the Prediabaid System will not be used for purposes of confirming or denying the diagnosis of any physical or mental condition.
The Prediabaid System is solely designed to assist subscribers in monitoring, recording, annotating, and graphing their blood glucose levels, food eaten, and exercise as well as tracking other data associated with detecting type 2 diabetes and prediabetes risks and/or managing prediabetes.
Melsao USA Inc. may send the subscribers Apparatus (such as a glucometer, blood glucose test strips, an impedance meter weighing scale, control solution, meter, lancets, alcohol pads). Subscribers shall read attentively and comply with the guidelines, manuals and safety instructions of the Apparatus manufacturers and use Apparatus as described therein.
Melsao USA Inc. do not offer medical advice or diagnoses, or engage in the practice of medicine. The Prediabaid System is not directed, overseen, or otherwise advised by physicians. Certain health care professionals are involved with Melsao USA Inc. but they do not provide any medical advice. The Prediabaid System is a lifestyle change program and does not constitute medical treatment and should neither be used as a substitute for medical treatment or to a professional medical advice, diagnosis, or treatment and is proposed for informational purposes only.
While there may be information on the Prediabaid System related to certain medical conditions and their symptoms, side effects and treatment, along with information about particular medication, should a medical condition exist, always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device.
Should you at any time desire a diagnosis of, or treatment for, prediabetes or any other physical or mental condition from a physician or other health care professional, you should do so without delay. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Prediabaid System.
You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by Melsao USA Inc. or in connection with the Prediabaid System is solely at your own risk.
If you think you may have a medical emergency, call your doctor or 911 immediately. Melsao USA Inc. expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your reliance on the Prediabaid System, Original content and Apparatus (including, without limitation, misuse of Apparatus, use of the glucometer with improper strips, use of the lancets device improperly, use of Apparatus by more than one person). You unconditionally agree, at your expense, to release and waive any claim against us that the Prediabaid System, Original Content and/ or Apparatus may be considered to include medical products, advice, service, or opinions. You also agree to indemnify and hold Melsao USA Inc. harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Melsao USA Inc. arising from or related to decisions or recommendations you make using the Service, Original content and/or Apparatus. Melsao USA Inc. is not liable for any problems arising from or related to Apparatus; if any, you should contact directly the customer service of the manufacturer
In connection with the use of the Service, you will be required to complete an eligible test. You represent and warrant that all information you provide during the eligible test or otherwise in connection with your use of the Service will be current, complete and accurate.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Except when required by law, paid Subscription fees are non-refundable.
If you choose to cancel your subscription within your free trial period, you will not be charged.
If you terminate your paid subscription for Service after the free trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.
Apparatus are free of charge because part of your subscription. Apparatus are non-refundable.
We do not accept returns except if you received a damaged product, please notify us immediately for assistance.
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping.
Downloading Prediabaid System mobile application.
You may access the Prediabaid System mobile application which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile Store or Google Play, (the “Mobile Application Provider”). You acknowledge and agree that: (i) these Terms are entered into between us, and not with the Mobile Application Provider; (ii) the Mobile Application Provider has no obligation to furnish any maintenance and support services with respect to the Prediabaid System mobile application; (iii) the Mobile Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Prediabaid System mobile application (iv) you must also comply with all applicable third party terms of service when using the Services.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Application and any updates thereto. Melsao USA Inc. does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Melsao USA Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Melsao USA Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Melsao USA Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Melsao USA Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Melsao USA Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If you are a personal user, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription to access to the service. Applicable taxes, and other charges and fees incurred in order to access the Service may also apply.
If your Service is purchased by our third party commercial customers (“Business Partner”) for a specified fee and period, it will provide a unique activation code that allows you to access certain specific Service features. In such instance, your access to the Service has been paid for by our Business Partner, and you will be able to use the Service features until the expiration of a specified term agreed between Melsao USA Inc. and such Business Partner. If the Business Partner has paid partially the Service, you will be responsible as a Personal user to pay the remaining fees in order to use the Service.
Melsao USA Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Melsao USA Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Melsao USA Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Melsao USA Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Melsao USA Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Delivery of Apparatus
As part of your subscription to the Service, you might receive free Apparatus and at your delivery address (such as a glucometer, blood glucose test strips, an impedance meter weighing scale, control solution, meter, lancets, alcohol pads). This a gift certificate of $100.
Apparatus are shipped only after your free trial and your subscription has been paid.
Apparatus may have limited quantities and are subject to return or exchange only according to our Return Policy.
Melsao USA Inc. will make a good faith effort to complete delivery of the Apparatus, but MELSAO USA INC assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Melsao USA Inc., including, but not limited to, liability for Melsao USA Inc. s non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Melsao USA Inc..
We reserve the right, but are not obligated, to limit the delivery of our Apparatus to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
Unless your Service has been paid for by one of our Business Partner partially or in total, your Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Service or continued use of the paid subscription features of the Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically terminated effective as of the end of your current billing cycle.
Cancellation of Service Subscription
You can cancel your subscription at any time by contacting our customer service by email to email@example.com. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period.
Referrals and Promotional Codes.
Melsao USA Inc. may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services and/or a Third Party Provider’s services, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Melsao USA Inc. establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Melsao USA Inc.; (iii) may be disabled by Melsao USA Inc.at any time for any reason without liability to Melsao USA Inc.; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Melsao USA Inc. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Melsao USA Inc. determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Melsao USA Inc.’s Terms.
Membership through a Business Partner
The Business Partner paying for your Service subscription controls such an account (which may be different from your personal account) and may terminate your access to it. You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Service that were originally provided to you by such Business Partner.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Melsao USA Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Melsao USA Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com or by mail at this address:
University of Miami Life Science & Technology Park
1951 NW 7th Av Suite 600
Miami, FL 33136
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Melsao USA Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Melsao USA Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Melsao USA Inc.
Melsao USA Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Melsao USA Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Responsibility for Use of Internet and Services
Use of the Internet and the Services is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Melsao USA Inc. does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Services over the Internet or other communication network. Melsao USA Inc. shall not be obligated to correct or update the Services or the Original content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear in the Services.
Forums and Social Media Profiles
Melsao USA Inc. may provide opportunities for user interaction within its Services and social media profiles on sites such as Facebook, Twitter, LinkedIn, and blogging sites. Melsao USA Inc. is not responsible for content or links posted by others on such social media sites, nor should profiles, content and links to other Internet sites be construed as an endorsement of the organizations, entities, views or content contained therein. Melsao USA Inc. is not responsible for content or links posted by others. Melsao USA Inc. retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Melsao USA Inc. also retains the right to ban or block a user from posting on Melsao USA Inc. social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Melsao USA Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Melsao USA Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Service offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Service. The use of any information provided on the Service is solely at your own risk.
Melsao USA Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed only in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Southern District of Florida or any state court located in Miami-Dade County, Florida.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
For customer support with account-related and payment-related questions, please submit a request to our Customer Service department using the Help form on the section of our application Prediabaid System. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Use of Services and Original content outside of the United States
Melsao USA Inc. makes no claims regarding access or use of the Services or the Original content outside of the United States. If you use or access the Services or the Original content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
If you have any questions about these Terms, please contact us at the following address:
By email: firstname.lastname@example.org
University of Miami Life Science & Technology Park
1951 NW 7th Av Suite 600
Miami, FL 33136