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 deformation in children between the ages of 0 and 24 months by pediatric physiotherapists 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 web application Skully Care 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 pediatric physiotherapist or parent / carer who uses the Website and / or App and / or who has registered as a user or subscriber via the Website and / or App.

General Terms and Conditions: these General Terms and Conditions of Skully Care.

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 based on written or unwritten law, such as rights of slavish impersonation.

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 the 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 of Skully Care BV via the Website and / or App consists of offering and implementing a measuring method to indicate the disorders Plagiocephaly and Brachycephaly (skull deformation) in children between 0 and 2 years.

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 current and reliable information. Nevertheless, Skully Care BV cannot guarantee that all published information is actually up to date, 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 topicality of the data on the Website and / or App or in the event of (possible) inaccuracies, 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 explicitly does not guarantee that the Website and / or App can always be used (properly) or that the Website and / or App is continuously accessible, and the Website and / or App by its nature is not ( completely) interference-free. Skully Care BV does everything that is reasonably required to rectify 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 any time entitled, in connection with maintenance and security, 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.

4. Obligations of 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 the Users provide to and via Skully Care BV and that they themselves will draw up 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 General Terms and Conditions.

4.2 Users themselves 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 Content available.

4.3 The User is either

1. Pediatric physiotherapist and expert in the field of examinations and treatment of the medical condition Plagiocephaly and Brachycephaly and has sufficient knowledge to interpret the measurement results and transfer them to parents / carers. The User has sufficient knowledge of pathology such as Craniosynostosis or other conditions that can cause cranial deformation. The User always has his own treatment responsibility.

or

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

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

4.5 Users do not post abusive, hateful, threatening, intimidating or defamatory Content. Users do not use the Website and / or App for illegal, deceptive, 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 aforementioned right of use to Skully Care BV.

4.9 Users acknowledge and guarantee that the Content made available by them via the Website and / or App do not infringe Intellectual property rights or any other rights of third parties, are in no way contrary to the law, public order and / or morality 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 General Terms and Conditions, an agreement with Skully Care BV and / or applicable laws or regulations.

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

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 further described in these General Terms and Conditions, Skully Care BV reserves the right to all recover damage 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 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 how Skully Care handles personal data and use a consent statement.

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 disclose the facilities and Content made available, the Website and / or App and its content (in whole or in part), or on any other in a manner that causes damage to or 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 pay all damage suffered by Skully Care BV and / or third parties as a result of the User of the Website and / or App. to recount.

7. Liability

7.1 Skully Care BV is not liable for any (direct or indirect) damage arising from or related to the use (or the impossibility of 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 impossibility of use) and / or the content of the Website and / or App that are 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 explicitly 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 guarantees with regard 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 virus transmission.

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 (jointly) 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 you connect to from the Website and / or App may contain terms or conditions that differ from the terms and conditions contained in these General Terms and Conditions.

7.5 The above liability limitations 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 the liability of Skully Care BV can not exceed the amount of one annual subscription for the past 12 months.

8. Indemnity

8.1 Each User indemnifies Skully Care BV or any third parties against all damage resulting from claims from third parties with regard to 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 result from any use of the Website and / or App by the relevant User. 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 regarding the use of the Website and / or App. If one or more of the provisions in these Terms of Use are or become (partially) invalid, the other provisions will remain in full force. In such a case, Skully Care BV will replace the invalid part of the General Terms and Conditions by clauses that are valid and the legal consequences of which, in view of the content and scope 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 Website and / or App of Skully Care BV. 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 A party's failure to exercise any right or remedy does not constitute a waiver of that right or remedy.

9.4 Any verbal 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. Any disputes arising between Skully Care BV and third parties as a result of the General Terms and Conditions will be submitted exclusively to the Central Netherlands District Court, location Utrecht.

© Skully Care BV 2020

Date of publication: 20-4-2020