GENERAL TERMS AND CONDITIONS SKULLY CARE BV

1.         General

1.1    These are the General Terms and Conditions of Skully Care BV with regard to the Website and/or App for the purpose of measuring skull deformity in children aged 0 to 24 months by therapists and/or parents/carers. Please read these terms and conditions carefully before using the Website and/or App and/or registering as a User of Skully Care BV via this Website and/or App. The Website and App are managed by Skully Care BV

1.2    By visiting and/or using the Website and/or App and/or registering as a user/subscriber, you indicate that you have read and agree to these General Terms and Conditions.

1.3    If you do not agree with one or more items of these general terms and conditions, Skully Care BV requests you not to use the Website and/or App and/or not to register as a User/subscriber.

2.         Definitions

2.1    In these General Terms and Conditions, the following terms have the following meaning:

 

App: the Skully Care web application from Skully Care BV

 

Content and Products: including, but not limited to, text, computer software, scripts, graphics, photos, sound, music, videos, audiovisual combinations, interactive elements and other materials that the User makes available via the Website and/or App .

 

User: the therapist or parent/caregiver who uses the Website and/or App and/or has registered as a user or subscriber via the Website and/or App.

 

Terms and Conditions: these Skully Care Terms and Conditions.

 

Intellectual property rights: all current and future intellectual property rights, anywhere in the world, including in any case copyrights, neighboring rights, database rights, trademark rights, trade name rights, design rights, portrait rights, as well as all comparable rights under (un)written law, such as rights of slavish imitation.

 

Skully Care: the private company Skully Care BV, established in Driebergen and registered with the Chamber of Commerce under number 81194692.

 

Skully Care: the international name of Skully Care BV and name of the App.

Website: the website of Skully Care BV, www.skullycare.com , and other social networks on which Skully Care has a profile, including Facebook, Twitter, Google+, and Instagram.

3.         Services Skully Care BV

3.1    The services provided by Skully Care BV via the Website and/or App consist of offering and performing a measurement method to indicate the disorders Plagiocephaly and Brachycephaly (skull deformity) in children between 0 and 2 years of age.

3.2    Users, who have registered via the Website and/or App, are able to create a personal profile, change their personal data and upload content via their own accounts.

3.3    Skully Care BV is responsible for the information it provides via the Website and/or App or otherwise. Skully Care BV strives to provide up-to-date and reliable information. Nevertheless, Skully Care BV cannot guarantee that all published information is actually current, correct and complete in all cases and at all times. No rights can therefore be derived from the data and information presented on the Website and/or App.

3.4    In case of doubt about the correctness, completeness and/or up-to-dateness of the data on the Website and/or App or if (possible) inaccuracies are found, we recommend that you contact Skully Care BV via info@skullycare.com .

3.5    Skully Care BV strives for a properly functioning system for the Website and/or App and the facilities that will be available continuously, with the exception of maintenance work.

3.6    Skully Care BV expressly does not guarantee that use can always be made (in a proper manner) of the Website and/or App or that the Website and/or App will be continuously accessible, and that the Website and/or App by its nature will not be (fully ) is fault-free. Skully Care BV does everything that is reasonably required to eliminate malfunctions in the Website and/or App as soon as possible, insofar as these malfunctions are not attributable to third parties.

3.7    Skully Care BV is at all times entitled to immediately block access to (parts of) the Website and/or App and/or to limit the use of the Website and/or App for Users in connection with maintenance and security.

 

4.         Obligations Users

4.1    Users guarantee at all times that they are authorized to use the Website and/or App, including the content and meaning of the information that Users provide to and through Skully Care BV and that they will prepare and behave in all respects as may be expected of responsible and careful (internet) users. This includes adhering to and acting in accordance with these Terms and Conditions.

 

4.2    Users are fully responsible and liable for their own use of the Website and/or App and the correctness of the (personal) data provided by them. Users also guarantee that they are fully authorized to provide and make available Content.

 

4.3    The User is either

1.     Physiotherapist and expert in the field of research and treatment of the medical condition Plagiocephaly and Brachycephaly and has sufficient knowledge to be able to interpret the measurement results and transfer them to parents/carers. The User has sufficient knowledge of pathology such as Craniosynostosis or other disorders that can cause skull deformity. The User retains its own treatment responsibility at all times.

or

2.    Parent and/or caregiver of a child aged 0 to 2 years. Parent/caregiver is aware that interpretation of measurement results can be difficult. Skully Care BV advises the parent/caregiver to contact Skully Care BV or to ask for advice from his or her physiotherapist if there is any uncertainty or lack of clarity. Skully Care BV can advise parents which physiotherapist can be consulted in their area.

 

4.4    Users do not post unauthorized commercial Content on the Website and/or App.

 

4.5    Users will not post abusive, hateful, threatening, harassing or defamatory Content. Users do not use the Website and/or App for any illegal, misleading, malicious or discriminatory activities.

 

4.6    By making Content available via the Website and/or App, the User grants Skully Care BV an irrevocable, non-exclusive and worldwide right to use the Content.

 

4.7    If a User is a minor, the legal representative or parent of the User hereby grants the irrevocable, non-exclusive and worldwide right as referred to in 4.6 †  

 

4.8    Users acknowledge and guarantee that they are fully entitled to the Content made available by them via the Website and/or App and that they are entitled to grant the above-mentioned user right to Skully Care BV.

 

4.9    Users acknowledge and warrant that the Content made available to them via the Website and/or App does not infringe Intellectual Property Rights or any other rights of third parties, does not in any way violate the law, public order and/or or are moral and/or otherwise unlawful towards Skully Care BV and/or third parties.

 

4.10  Users agree that they will only use the Website and/or App for purposes that are permitted under the Terms and Conditions, an agreement with Skully Care BV and/or the applicable laws or regulations.

 

4.11  In the event that Skully Care BV becomes aware of a possible violation of these Terms and Conditions and/or applicable laws or regulations, Skully Care BV reserves the right to remove Content posted by Users and/or at any time, without prior notice and in its sole discretion, terminate any User's access to the Website and/or App.

 

4.12  In cases in which a User does not comply with the permitted use of the Website and/or App, including use contrary to what is described in more detail in these General Terms and Conditions, Skully Care BV reserves the right to compensate all damage caused to it as a result. to recover from the relevant User.

5.         Privacy

5.1     Skully Care BV uses and processes personal data in accordance with its privacy statement, which can be found, among other things, on the homepage of the Website and/or via the App. Skully Care BV stores Content anonymously with the aim of improving the Website and/or App. Users are responsible for safeguarding the privacy of their clients in accordance with GDPR. Users inform their clients about the way Skully Care handles personal data and use a declaration of consent.

6.         Intellectual property rights

6.1     The Website and/or App and all facilities and Content made available by Skully Care BV via the Website and/or App, including but not limited to data, sound and visual material, databases, images, links, texts, files, HTML codes, software and logos, contain data, files, programs and/or other materials of which the Intellectual Property Rights belong to Skully Care BV and/or third parties.

 

6.2     Without the prior written permission of Skully Care BV or the relevant entitled party, it is expressly not permitted to make the facilities and Content made available, the Website and/or App and its content (wholly or partly) publicly available, or in any other way. use or cause to be used that damages or takes unfair advantage of the reputation of the Intellectual Property Rights or any other rights of Skully Care BV or the relevant entitled party.

 

6.3     In the event of any infringement of the Intellectual Property Rights of Skully Care BV and/or third parties, Skully Care BV reserves the right to fully charge all damage suffered by Skully Care BV and/or third parties as a result of this to the User of the Website and/or App. stories.

 

7.         Liability

7.1     Skully Care BV is not liable for any (direct or indirect) damage resulting from or related to the use (or the inability to use) of the Website and/or App and/or its content, nor for any (direct or indirect) damage arising from or related to the use (or the inability to use) and/or the content of the Website and/or App that are connected in any way (in particular by means of the Website and/or App Skully Care is also not liable for (the content of the) services and/or information of possible third parties, which can be offered in any way via the Website and/or App.

7.2     Skully Care BV is expressly not liable for any acts and/or omissions of its Users, including the Content made available by them via the Website and/or App. Skully Care also makes no warranties as to the content of this Content.

7.3     Skully Care BV is further not liable for damage resulting from the use of electronic means for communication via the Website and/or App, including - but not limited to - damage as a result of non-delivery or delay in the delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software/equipment used for electronic communication and transmission of viruses.

7.4     The Website and/or App contains links to other websites and/or servers that are not managed by Skully Care BV or for which Skully Care BV is not otherwise (co-)responsible. Skully Care is in no way responsible for the content of such other websites. Skully Care BV provides such links only as a convenience to its Users and their inclusion does not constitute a recommendation of the content of such websites. Please be aware that other websites and/or servers to which you connect from the Website and/or App may contain terms or conditions that differ from the terms and conditions contained in these Terms and Conditions.

7.5     The above limitations of liability do not apply if the damage is the result of any intent or gross negligence on the part of Skully Care BV. The amount of Skully Care BV's liability can amount to a maximum of the amount of one annual subscription for the past 12 months.

8.         Disclaimer

8.1     Every User indemnifies Skully Care BV or any third parties against all damage as a result of claims by third parties in respect of the violation or non-compliance with these General Terms and Conditions, or against any claims and/or damage from third parties that are otherwise related to and /or arising from any use of the Website and/or App by the User concerned. The indemnification also relates to all damage and (legal) costs that Skully Care BV suffers or incurs in connection with such a claim.

9.         Other provisions

9.1     These General Terms and Conditions contain all agreements as made between the parties with regard to the use of the Website and/or App. If one or more of the provisions in these Terms of Use is or becomes (partially) invalid, the other provisions will remain in full force and effect. In such a case Skully Care BV will replace the invalid part of the General Terms and Conditions with stipulations that are valid and whose legal consequences, in view of the content and purport of these General Terms and Conditions, correspond as much as possible with those of the invalid part.

9.2     Skully Care BV reserves the right to unilaterally adjust or change the General Terms and Conditions. The most current General Terms and Conditions can be found at all times via the Skully Care BV Website and/or App. In such a case Skully Care BV will inform the Users of this as well as possible. If Users continue to use the Website and/or App after amendments to the General Terms and Conditions, they are deemed to have irrevocably accepted these amendments to the General Terms and Conditions. Skully Care BV therefore advises Users of the Website and/or App to regularly consult the General Terms and Conditions via the Website and/or App.

9.3     Failure by a party to exercise any right or to exercise any remedy shall not constitute a waiver of such right or remedy.

9.4     Any oral promises and agreements have no effect unless confirmed in writing by a party.

9.5     These General Terms and Conditions are governed by Dutch law. Disputes arising between Skully Care BV and third parties as a result of the General Terms and Conditions will be submitted exclusively to the District Court of Central Netherlands, location Utrecht.

 

© Skully Care BV 2020

 

Publication date: 20-4-2020