1. Introduction
1.1. These terms of use have been drawn up by Health Cloud Initiative BV, Spaarndamseweg 90, 2021CB Haarlem, for the benefit of all entities that are part of the HCI group, hereinafter referred to as “HCI”, “We”, or “Us”).
1.2. We provide IT services to your healthcare provider. These IT services enable your healthcare provider to communicate with you via the 'Message Box'. Via the 'Message Box' you can receive invoices and other documents from your healthcare provider in a secure manner.
1.3. These terms of use for the Message Box (hereinafter the “Terms of Use”) apply to the use of the Message Box.
1.4. These Terms of Use do not apply to services (medical or otherwise) offered by third parties (including your healthcare provider). The use of those services is subject to the terms and conditions of those third parties.
1.5. We may change these Terms of Use. Changes will become effective as soon as We publish them. By continuing to use the Message Box, you agree to the changes.
2. License and IP rights
2.1. HCI grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Message Box, in accordance with these Terms of Use. If you fail to comply with these Terms of Use, HCI may immediately revoke this right.
2.2. The IP rights relating to the Message Box are owned by HCI or its licensors. Nothing in these Terms of Use is intended to transfer any IP rights to you in any way whatsoever. IP rights are understood to mean: all copyrights, neighbouring rights, database rights, patent rights, trademark rights, trade name rights, domain name rights, design rights and all other intellectual property rights, registered or not, and including all claims to, applications for or registrations or subscriptions of such rights, all dependent or ancillary rights and priority or priority rights connected thereto, and all comparable rights or forms of protection, anywhere in the world.
2.3. To use the Message Box, you need a mobile phone or other device with (a recent version of) an operating system that supports the operation of the Message Box and internet access.
2.4. HCI has the right to make improvements, functional, procedural or technical changes to the Message Box.
3. Use of the Message Box
3.1. If you have any questions about the contents of (medical or other information in) your Message Box or if you plan to make decisions that could affect your health, please discuss this first with your healthcare provider.
3.2. You are responsible for (i) approaching and/or requesting advice from your healthcare provider based on the contents of the Message Box and (ii) following the advice of your healthcare provider.
3.3. You may not use the Message Box:
a. in a manner that:
(i) infringes the rights of HCI or third parties and/or is unlawful towards third parties;
(ii) is in conflict with applicable law or regulation; or
(iii) is in violation of these Terms of Use;
b. for or on behalf of someone else;
c. to cause nuisance, annoyance or inconvenience;
d. for purposes other than those for which they are intended, including:
(i) the reproduction, modification, distribution, (sub)licensing, renting, selling, transferring, publishing or otherwise exploiting thereof;
(ii) investigating vulnerabilities in security or authentication with the aim of circumventing them;
(iii) uploading or otherwise introducing malicious code (including malware, Trojans, viruses, etc.).
3.4. HCI may suspend and/or restrict your use of the Message Box (i) in the event of (suspected) fraud, (ii) if you violate the rights of third parties, and/or (iii) if you fail to comply with a provision of these Terms of Use. All damages and costs resulting therefrom shall be borne by you, unless applicable law provides otherwise.
3.5. You shall indemnify and hold harmless HCI, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all claims, actions or demands, and/or liabilities of any third party, including, but not limited to, reasonable legal and accounting fees, arising out of your access to or use of the Message Box in violation of these Terms of Use.
4. Privacy and information sharing
4.1. HCI processes your personal data in accordance with the Privacy Statement HCI – EPD Berichtenbox (can be found here). For privacy-related questions, you can contact us by sending an e-mail to fg@hci-software.com.
5. Liability
5.1. HCI will make every effort to ensure that the Message Box functions without material technical malfunctions. However, HCI does not guarantee that the Message Box (i) will function without interruptions, (ii) will be free of defects, and/or (iii) is suitable for the purposes for which you intend to use it. In addition, We cannot provide any guarantee regarding the content, completeness or accuracy of the medical information received via the Message Box.
5.2. Our liability for damage resulting from a shortcoming and/or unlawful act is excluded to the extent permitted by applicable law. HCI is not liable for indirect damage or consequential damage, loss of business, lost or damaged data, or any loss or damage resulting from the use of the internet and/or a telephone connection. In any case, HCI's liability is limited to the amount paid by Our insurance company.
5.4. All claims arising from your use of the Message Box will expire (become time-barred) 1 year after the date on which the event giving rise to the claim occurred.
6. Disputes
6.1. We will do our utmost to resolve any disputes with you amicably. If this fails, the judge of the court in Amsterdam will have jurisdiction. These Terms of Use and your use of the Berichtenbox are governed by Dutch law.
