User Terms and Conditions
Karify™ User Terms and Conditions, version 2, October 1st, 2013
Welcome to our website, through which you can access the Karify™ Program. Karify™ is an online ecosystem where suppliers and buyers can find e-health applications and develop such applications.
Karify B.V. is the designer of Karify™ and the owner of the intellectual property rights relating thereto. Karify is a private limited liability company, with its registered offices in Utrecht, Pythagoraslaan 101. Hereinafter, “we” or “us” each time refers to Karify as a company.
In order to make use of Karify™ you need to accept these user terms and conditions. Please read them carefully.
1. Registration and login data; Payment; Subscription Costs
1.1 Only users who reside in the Netherlands can register for Karify™. Children under 16 can register only with parental or guardian consent. Once you have registered, we will send you an email including your personal login code and a password. This will provide you with access to the Karify™ protected area and related (future) applications and services. You must store these data in a confidential manner. In case you suspect your account is being misused, please let us know immediately. In case we suspect our system or your account is being misused, we will notify you.
1.2. By registering, you will be subscribed to Karify™ for an indefinite period of time. For making or receiving payments for products or services offered or acquired through Karify™ and which are not (directly) paid for by any health insurance, you agree on using the online payment system of the company in charge of all Karify™ payment transactions, and their general terms and conditions will apply.
1.3 For patients, the use of the website and Karify™ tool is free of charge. Upon registration, health care providers are to choose a suitable Karify™ payment plan, in order for their subscription costs to be automatically collected, including VAT. You will therefore be asked to provide your credit card information. If necessary, according to your fiscal data and the legal regulations in force, we will charge you any VAT due. If you wish to end your subscription, please bear in mind that a one-month notice period applies.
1.4 As a subscriber/health care provider, you are entitled to register your office in a “healthspace”, which can be accessed with your own, unique domain name, and which you can organize for your patients with tools and health apps that can be obtained through the Karify™ HealthStore, among other. You can also use the healthspace to offer your services. In addition, you can offer products and services in the Karify™ HealthStore, by paying 30% of the gross sales prices (not including VAT), which will be charged through your payment plan. As a health care provider, you may also mention on your own website that you are affiliated to Karify™ and you can add a link to your own healthspace. For specific promotional campaigns guided by Karify other, separate conditions apply.
1.5 You declare that while using Karify™, you will comply with these user terms and conditions and with all laws and regulations in force. In case we have reasons to believe that you do not comply with these obligations, Karify is entitled to block your account and to end your subscription.
2. (Personal) Data Protection and Storage
2.2 Any personal data you have entered will remain your property. We do not control or verify any of the data or information you enter. The data or information you have entered will not be permanently stored and will always be removed six months following the end of your subscription. The health care provider is and will remain responsible for the completeness of the data in their patients’ files. We recommend health care providers always save a (copy of) patient data in their own system.
3. No Treatment Advice
Karify™ does explicitly not provide any treatment advice. We spend all care that can be reasonably required from us on developing and maintaining Karify™, but health care providers are exclusively responsible for the performance and quality of the treatment they provide. Karify shall not be liable for any damage, directly or indirectly caused by the use you make of Karify™, such as the use of standard modules or information published on Karify™ by us or any third parties. With regard to their treatment, patients always need to consult their health care provider. We do not provide any guarantee with regard to the quality of any of the health care providers that use Karify™ or regarding whether they are included in the register for Individual Healthcare Professions (BIG, by its Dutch initials).
4. Privacy Protection
4.2 You hereby authorize Karify to control the personal data you provide within Karify™, to code and store such data and to, eventually and with your consent, pass them on to third parties. You also declare that you have already obtained the explicit consent of other people regarding whom you provide (medical) personal data, such as data of patients who are invited by a health care provider to take part in Karify™.
4.3 You determine yourself who will be able to use Karify™ to access the information and personal data you have entered, and for what purpose. You authorize parties that are affiliated to Karify™ and which you purchase products or services from, to use your personal data and if necessary, data with regard to treatment followed, for invoicing purposes and/or to request reimbursement of your treatment expenses directly to your health insurance company. If you disclose personal data to third parties without the consent of the person(s) involved, you are infringing their privacy and thus fail to comply with these user terms and conditions. In any such case, you agree that you cannot hold us accountable in any way.
4.4 Karify will treat all data that you enter in a strictly confidential manner. Any data you enter are automatically encrypted and without your explicit consent they can only be accessed by Karify if required for urgent reasons. We may access or disclose non-medical data in case this is necessary to meet legal obligations or requests from competent authorities.
5 Wrongful Acts
5.1 While using Karify, you must refrain from providing misleading, humiliating, discriminating or otherwise unlawful statements and from infringing intellectual property rights. We reserve the right to remove content regarding which we have reasons to believe that it was placed by you in violation of this obligation, without your prior consent.
5.2 Deliberately introducing harmful material or improperly trying to access the server where our website is stored is not allowed. This is an offence, which we always report to the Public Prosecutor while disclosing your identity.
5.3 We are not liable for any loss of or damage to your computer equipment, your own software and/or data as a result of your use of our website or caused by downloading any of the material thereof.
6. HealthStore, Healthspaces en Third Party Websites
With regard to purchasing Karify products in the HealthStore, apart from these user terms and conditions, our General Sales Terms and Conditions apply.
Except in case we suspect any unlawful acting, we have no control with regard to the content of your healthspace, third parties’ healthspaces and/or third party websites you can access through Karify™, and which can offer health apps, tools, books or other products or services.
We do not accept any responsibility or liability whatsoever for third party healthspaces and websites, their content nor for any products and/or services that are offered by third parties on such healthspaces or websites or in the Healthstore. The owners and suppliers thereof may apply their own conditions. If possible, we will warn you but you always need to be aware in case you leave the Karify™ website and enter a third party HealthStore, healthspace or website.
7. Software License
7.1 The Karify™ software is made available to you by Karify subject to these user terms and conditions and under a non-exclusive license, for your own account and at your own risk (“as is”), without any explicit or implied, oral or written guarantee, including the suitability of the software for a specific purpose.
7.2 You accept to be fully responsible for your use of Karify™. We specifically do not guarantee that the software will function without interruptions or failures or that such interruptions or failures can be remedied.
7.3 We can remotely control the current version of your software and download upgrades to your devices in order to update, improve or further develop the program.
7.4 The license that is hereby granted to you entitles you to use Karify™ personally and in compliance with these user terms and conditions. The license ends when your subscription ends. You will then be required to remove any existing parts of the software from your equipment. You may not dissemble, decompile or reverse engineer the Karify™ software.
8. Changes to Karify™
We may temporarily or permanently modify or end Karify™. Should there be a risk that by doing so your data may be lost, we will try to warn you in advance to the extent possible. However, we cannot guarantee that your data and information will be conserved.
9. Exclusion of Liability
9.1 You accept that Karify is not liable for any damage as a result of your use of Karify™, including, but not limited to, any direct or indirect damage, consequential damage, personal injuries and loss of profit or damage as a result of loss or changes in data or as a result of temporary or permanent interruption of business.
9.2 You accept that by or through Karify™, (personal) data will be sent to and through equipment that is owned by and maintained by third parties and which is beyond Karify’s control. Karify is not liable for any delay, the functioning and/or any interruption, infection or corruption of data or information sent by you or which is sent to you in connection with your use of Karify™.
Karify™ copyright as well as its ‘look and feel’ are, unless stated otherwise, owned by Karify. The HealthStore and healthspaces allow you to sell and/or purchase products such as Karify™ modules and applications. The copyright of such products may be owned by the developer. When you buy software applications from Karify, you are entitled to store, consult, print and modify the content, such as standard modules, documents, files, text and images, for personal use, and to offer new treatment modules based on the above for sale using the Karify™ HealthStore. Karify logos and domain names may not be used or reproduced without our permission. Health care providers may include the Karify™ logo on their own website and in their own part of the healthspace. Any unauthorized reproduction of (parts of) this website and its contents is not allowed in any form whatsoever. To use third party content you need permission of the respective owner.
During office hours, from 9.00 am – 05.00 pm, Karify offers email support. Health care providers will be invoiced for any costs involved in support in accordance with the payment plan previously chosen by them. email@example.com.
12. Changes in User Terms and Conditions, Termination
12.1 We have the right to change the Karify™ user terms and conditions. We will invite you to accept any modified user terms and conditions. In case we have not received your acceptation within four weeks after our request, we will offer you a final opportunity to accept the modified terms and conditions, after which we will terminate your subscription.
12.2 Any terms included in these user terms and conditions that, due to their nature, need to continue to be in force after termination, will remain in force once your subscription has ended, including, but not limited to, the indemnification and limitation of our liability.
13. Dispute Resolution, Applicable Law
These user terms and conditions are governed by Dutch law. With regard to conflicts involving Karify, resulting from or in connection with your use of Karify™, the competent judge of the District Court Midden-Nederland, location Utrecht, will have the exclusive jurisdiction. This term does not govern any conflicts between Karify™ users in which Karify is not involved.