These Conditions of Use of the Quli Civic Platform include the following eight related articles. They apply to the use of Quli by an End User (person, member of the public). In addition to End Users, we also distinguish Users (e.g. healthcare professionals) and Organizations (e.g. care organizations). Quli concludes agreements with Organizations that can use this Service (the Quli platform) and that can connect their own online (healthcare) systems with Quli to exchange data and to allow End Users and Users to collaborate via Quli.

 

1. Definitions

1.1 Service: the provision and maintenance of the 'online public platform called Quli' by Quli B.V.

1.2 End User: the individual user who uses the Service independently or at the invitation of the User and/or Organization, for example the patient, client or customer of the User and/or Organization or a relative (informal caregiver, family member) or another person at the invitation of an (other) End User.

1.3 Conditions of Use: these conditions of use.

1.4 Organization: the organization that has an agreement with Quli B.V. regarding the use of the Service.

1.5 User: the person affiliated to the Organization who uses the Service, for example, a healthcare professional.

1.6 Quli: Quli B.V., registered with the Chamber of Commerce under file reference number 63690160, which offers the Service to the Organization and User, and every legal successor to Quli B.V.

1.7 Care Application: a (care) application (app) that is offered within the Service by a third party on the basis of an agreement between Quli BV and that third party.

 

2. Rules for using the Service

2.1 In order to make the experience for all Users and End Users as pleasant as possible, Quli has drawn up a number of rules. If the User or End User does not comply with these, Quli will be entitled to block and/or remove the account of the User or End User, without being obliged to compensate or indemnify. These rules are worked out in the paragraphs of this article below. Quli reserves the right to report if the violation of the rules below also results in criminal offenses.

2.2 People under the age of 16 are permitted to use Quli, provided permission has been granted by the parents or custodian.

2.3 The User and End User are not permitted to use Quli and its infrastructure in such a way that it causes damage to third parties and/or results in the Service being unavailable or only partially available.

2.4 The User and End User are not permitted to gain access to the Service using the account data from third parties or using false keys and/or circumvention of any security, regardless of whether this security is adequate.

2.5 The User is not permitted to spread viruses and/or other software with undesirable effects such as Trojans, worms and/or backdoors in the Service.

2.6 The User is not permitted to use the Service to send unsolicited messages (spamming).

2.7 The User and the End User must look after the login data provided by Quli for use of the Service with due care and diligence. The login details are strictly personal. If the User or End User suspects that those login details have ended up with third parties, the User and End User must immediately notify Quli thereof.

2.8 Furthermore, it is not permitted to act contrary to any laws or regulations.

2.9 When using the Service, the User must observe all professional laws, rules and agreements that apply to the User (concerning the responsibilities and duties performed on behalf of the Organization).

2.10 Additional conditions (for use) may apply to Care Applications. These conditions (for use) are made known to the User and End User in a timely manner, i.e. before the User or End User can make use of the functionality of the Care Application.

2.11 Quli is entitled to discontinue the service at any time without being obliged to compensate and/or indemnify the User.

2.12 If and insofar as the End User Service allows for his or her (personal) data to be shared, the End User is obliged to ensure that he or she actually shares the (personal) data with the intended person.

2.13 If and insofar as the Service allows the User to share the (personal) data of an End User with third parties or other End Users, the User, before he or she uses that option, is obliged to check the extent to which the sharing of (personal) data is consistent with any legal obligations and rights and/or powers of attorney present, in particular with the obligations and rights as laid down in the Medical Treatment Contracts Act (WGBO).

2.14 If the End User can leave data and/or documents within the Service, the End User will ensure that he deletes or redacts any irrelevant data, such as the social security number and passport photo, if and insofar as such data is visible and/or readable on the documents.

 

3. Indemnifications

3.1 The User and End User indemnify Quli against all harmful consequences for non-compliance with the provisions of Article 2.

3.2 The User and End User agree and acknowledge that Quli fulfills a facilitating role only.

3.3 The User and End User indemnify Quli against all third-party claims for information posted by the User and/or End User. This indemnity also applies to any third-party claims regarding infringements of intellectual property rights. The User further guarantees that the information posted is not contrary to the (intellectual property) rights of third parties.

3.4 The User indemnifies Quli B.V. against all claims of the End User regarding any attributable shortcomings in the fulfillment of the (medical treatment and care) agreement between the User and/or Organization on the one hand and the End User on the other. The User, End User and Organization therefore acknowledge that Quli is not a party to those agreements between them.

 

4. Intellectual property rights

4.1 The intellectual property rights with regard to the Service rest with Quli or its licensors.

4.2 All stated trade names or registered brands accrue to Quli or their respective owners.

 

5. Liability of Quli

5.1 Quli is not liable for an attributable shortcoming, for whatever reason (for example, an unlawful act), except in the event of intent and deliberate recklessness on the part of Quli management.

5.2 Quli does not guarantee the usability, reliability or accessibility of the platform or the Care Applications. Offering Care Applications and use of the functionality and/or Care Applications offered is entirely at your own risk. Any liability of Quli and of (legal) persons associated with Quli is excluded, with the exception of damage or loss caused by intent or deliberate recklessness on the part of Quli management.

 

6. Personal data

6.1 Personal data of the User are processed in accordance with the agreement between the Organization and Quli, as well as in accordance with the Privacy Statement that can be found on the website of Quli.

6.2 Quli uses anonymized data from End Users to gain insight into the use of the Service in order to be able to analyze the use, usability and/or the desirability of adjustments or new functionality.

6.3 Quli collects data about the use by Users that can be shared with the Organization to which the User is affiliated. In some cases, these data can be traced back to individual Users. The Organization uses these data for training purposes, improving (work) processes and evaluating the use of e-health. The User hereby gives permission to use the aforesaid data in accordance with the above purposes and to share these with the Organization to which the User is affiliated.

6.4 Quli logs the activities of the User and End User with the aim of being able to subsequently demonstrate which End User or User has made use of a certain functionality within the framework of data breaches and/or computer crime and at what time. The logging of this information cannot be disabled. If and insofar as the User or End User does not want his or her use to be logged in accordance with the purposes outlined above, the User or End User should refrain from using the Service (any longer).

 

7. Transfer of rights and obligations

7.1 Quli is permitted to transfer its rights and obligations to a third party. In particular when it comes to transfers within the framework of a change in legal form, sale or merger of Quli. The User and End User hereby give permission in the event of any of those scenarios materialising. A possible transfer does not affect the possibility of exercising your rights.

7.2 The User is not permitted to transfer acquired rights and obligations to third parties without Quli's permission.

 

8. Applicable law and disputes

8.1 The Conditions of Use are governed by Dutch law.

8.2 Disputes between the User and End user on the one hand and, on the other, Quli must be resolved by mutual consultation as much as possible. If that is not possible, the court in the court district where Quli has its business address is authorized to take cognizance of the dispute, unless the nature of the claim means that the judicial sub-district court has jurisdiction instead. In the latter case, any of the parties are entitled to submit the dispute to the competent sub-district court.

8.3 Quli is entitled to change these conditions from time to time. New versions of these general terms and conditions will be announced to the End User and User in a timely manner.