The following terms and conditions apply to the use of Selfcare:
1 Definitions
The following words have the following meanings in these terms of use:
Selfcare B.V.: The private limited company Selfcare B.V., KvKnr. 62930869;
App: A program that can be executed on a cell phone or other portable device;
Portal: The online environment offered by Selfcare B.V;
User: Every natural person who makes use of Selfcare or a part thereof;
Selfcare: The software, Portal and App developed by or on the instructions of Selfcare B.V. and offered for use software, Portal and App, or a part thereof, with which provides the user, based on the entered data, insight into his/her personal health and is furthermore supported in achieving his/her stated objectives for good health;
Agreement: The agreement which is concluded between the user and Selfcare B.V. as soon as the user makes use of Selfcare; these user terms and conditions form part of this.
2 Usage, privacy and liability
2.1 The use of Selfcare is at the user’s own expense and risk. Selfcare does not replace medical care and diagnosis. At all times the user is advised to continue consult experts, not being Selfcare, about their own health and continue to base his own actions on the advice received from these experts.
2.2 Selfcare B.V. has taken the utmost care with Selfcare, but cannot guarantee that the information it provides is accurate and complete.
2.3 User is personally responsible for keeping his/her login data confidential, associated password and the sharing of his/her stored data.
2.4 The user can have the information provided to Selfcare B.V. via Selfcare destroyed at any time. To do so, the user must click on the button ‘delete account’ under the heading ‘my profile > account settings’.
2.5 If the user is younger than 16 years of age, he/she must have the consent of his parent(s) or his/her legal representative(s). By accepting these terms of use, user warrants that he/she is 16 years of age or older or has the consent of his/her parents or legal representative(s).
2.6 User gives explicit permission to Selfcare B.V. to process the personal data provided by him/her through Selfcare.
2.7 The information generated in relation to these personal data and Selfcare, Selfcare B.V. will never make it available to third parties, anonymously or otherwise, without the express consent of the user.
2.8 Selfcare B.V. does not accept any liability for any damage the user suffers to his/her (internal and/or external) ICT environment through the use of Selfcare.
2.9 Any liability of Selfcare B.V. is always limited to the amount of the contract to which the damage relates with a maximum of €5.000 per user or the damage that any insurer of Selfcare B.V. covers and pays out, whichever is less.
3 Other terms and conditions of the agreement and its termination
3.1 An agreement is concluded between Selfcare B.V. and the user as soon as the user registered on the Portal and/or with Selfcare B.V. for the use of Selfcare, because from that moment on user is considered to be using Selfcare.
3.2 The agreement is entered into for an indefinite period of time and may be terminated without notice, by means of deleting the data. For this purpose, the user must click on the button ‘delete account’ under the heading ‘my profile > account settings’. From that moment on, subject to a technical processing time of 48 hours, no further direct debit will be offered to the user for the use of Selfcare.
3.3 For email messages sent by Selfcare B.V. to the user, it applies that these are considered as received by the user as soon as Selfcare B.V. passing the message has sent the user provided email address and there is no “failure notice” has been returned.
3.4 The costs associated with the use of Selfcare are listed on the website of Selfcare B.V. (www.selfcare4me.com) and can be consulted via the following link: www.selfcare4me.com/#section-pricing.
3.5 The costs associated with the use of Selfcare are charged to the user monthly or yearly in advance by means of charged to the user by means of direct debit. These costs cannot be claimed back after termination of the agreement.
3.6 If and insofar as a third party pays these costs for user, Selfcare B.V. do not charge these costs (again) to the user. If and as soon as this third party ceases to make payments on behalf of user, Selfcare B.V. shall inform user accordingly. In such case, the agreement shall remain in full force and effect, and the user is fully liable for the costs associated with the use of Selfcare. The User is free to terminate the contract at that moment in accordance with article 3.2.
3.7 Dutch law applies exclusively to the contract.
3.8 All disputes regarding the use of Selfcare, or resulting from or related to the contracts, shall – unless any mandatory statutory provision opposes this – be exclusively brought before the Zeeland West Brabant District Court, location Breda.
3.9 If and insofar as any provision of these terms and conditions of use cannot be invoked on the grounds of reasonableness and fairness, the provision in question will in any case be accorded as much meaning as far as possible, so that an appeal can be made to it.
3.10 The nullity or voidability of one or more provisions of these Terms of Use shall not lead to the nullity or voidability of the remaining provisions.
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Should you have any questions, complaints or claims with respect to this Agreement, the Website, or if you desire to contact Selfcare B.V., please contact:
Selfcare B.V.
Druivenstraat 5
4816 KB Breda
T +31 (076) 203 00 62
Email: info@selfcare4me.com
Website: www.selfcare4me.com
KvK nr. 62930869
Date version 1.2: May 9, 2019