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  1. EHEALTH CONCEPTS B.V.

eHealth Concepts B.V. (eHealth Concepts) provides an online Platform for facilitating the process of requesting and receiving prescriptions and requesting medication based on those prescriptions. When making use of the eHealth Concepts Platform, the following terms of use apply to the Users of the Platform.

  1. DEFINITIONS

    1. In these terms of use the following definitions are used, both in singular and in plural.

      1. Pharmacy: the registered pharmacy that will deliver Medication based on requests received via the Platform;

      2. Account: the registration of a User on the Website;

      3. (Doctor's) Prescription: the online prescription from a Doctor that is legally required to prescribe certain Medication.

      4. User: the natural person who uses the Platform to request Medication for his own use;

      5. Medication: the (prescription based) medication offered to Users by the Pharmacy;

      6. eHealth Concepts: the private limited liability company eHealth Concepts B.V. under Dutch Law, with its registered office in (4611 HC) Bergen op Zoom at Zuidzijde Haven 39a, The  Netherlands and registered in the trade register of the Dutch Chamber of Commerce (Kamer van Koophandel) under number 93080573, which developed and operates the Website.

      7. Platform: the platform that eHealth Concepts offers via its Website to Users, Doctors and Pharmacies for facilitating the process of requesting Medication through the Platform.

      8. Service: the services provided by eHealth Concepts B.V.

      9. Website: this website Kearty.com and linked websites of eHealth Concepts B.V. or partner websites on which the Platform can be used.

      10. Doctor: the registered and regulated doctor who assesses whether certain Medication may or may not be provided to User and/or providing Prescriptions.

  2. GENERAL

    1. These terms of use apply to Users of the platform.

    2. By creating an Account, and requesting Medication, the User accepts these terms of use and agrees with them.

    3. eHealth Concepts is at all times entitled to adjust or supplement these terms of use. Changes will be published on the Website. After publication of the changes, the User will be given a 30-day period to reject the modified terms of use. If, after the mentioned 30 days the new terms of use are not rejected, the User will be considered to have accepted the new terms of use.

    4. Deviations from the terms of use are only valid if they have been explicitly agreed in writing or by e-mail between eHealth Concepts and the User.

    5. If and to the extent that any provision of these terms of use is void or voided, the remaining conditions will remain in force unaffected. eHealth Concepts will then adopt a new provision to replace the void/voided provision. whereby the purpose or the void/voided provision will be taken into account as much as possible.

  3. SERVICES

    1. eHealth Concepts offers the Platform on her Website. On the Platform Users can request for a prescription for Medication.

    2. If a User places a request he has to fill in a medical questionnaire provided by eHealth Concepts. eHealth Concepts will forward that medical questionnaire to a Doctor. The Doctor will assess whether the requested Medication may or may not be provided to User.

    3. If the Doctor decides the Medication may be provided to the User, the Doctor will provide a Doctor's Prescription to the User via the Platform. eHealth Concepts will send the User and the Doctor's Prescription to the Pharmacy. The Pharmacy will deliver the Medication to the User.

    4. If the Doctor or the Pharmacy decides that the Medication may not be provided to the User, the request will be denied. The price paid by the User will be handled in accordance with provision 5.3.

    5. eHealth Concepts only has a facilitating role on the Platform and therefore she cannot guarantee that:

      1. treatment requests are successfully received by the Doctor and/or Pharmacy;

      2. Medication is correct, safe, works as Intended and/or is (properly) delivered;

      3. the Doctor's Prescription is correct, safe and/or (properly) delivered;

      4. requested Medication and/or the Doctor's Prescription is legally permitted.

    6. Upon requesting Doctor's Prescription and Medication, User enters into separate agreements with:

      1. a Doctor for the assessment of the medical questionnaire and/or a Doctor's Prescription, and;

      2. a Pharmacy for the request for and delivery of Medication.

    7. eHealth Concepts is not responsible for:

      1. incorrect, incomplete, unsuitable, outdated and/or unlawful information on the Platform (including the information provided by Doctors and/or Pharmacies);

      2. the uninterrupted operation of the Platform;

      3. viruses, trojans and/or other transferable errors and/or defects in the Platform;

      4. unauthorized or unlawful use of the Platform by third parties;

      5. treatment requests for Medication by Users;

      6. delivery of the Medication;

      7. information provided by Pharmacies and/or Doctors;

      8. the quality, safety and/or legality of the (request of) Medication and/or the Doctor's Prescription;

      9. agreements and communication between Users. Doctors and/or Pharmacies, and;

      10. the obligations that the User enters into with Doctors and Pharmacies, including purchase agreements and/or assignment agreements.

    8. eHealth Concepts is entitled at any time to adapt (the contents of) its Platform and/or to suspend and/or terminate the Platform. In that case. eHealth Concepts will make reasonable efforts lo inform the User in a timely manner.

    9. eHealth Concepts only provides the Platform and support in the use of the Platform. eHealth Concepts does not provide Doctor's Prescriptions and does not sell or deliver Medication itself.

    10. Information on the Platform or the Website and communication from eHealth Concepts is for information and indication purposes only and no rights can be derived from this information.

  4. USERS

    1. The User has to register by means of an Account for requesting Medication.

    2. The User must be at least 18 years old when using the Platform. By creating an Account, the User declares to be 18 years of age or older.

    3. The User ensures that all the information he provides for requesting a Doctor's prescription and/or Medication is complete, accurate, timely, lawful and in accordance with applicable laws and regulations.

    4. The User guarantees that he is authorized to request Medication and/or to request a Doctor's prescription.

    5. When placing a request, the User may not use any communication channel in such a way that it:

      1. refers to the provision of illegal services or services that can cause damage to others in any way;

      2. treats other Users, Pharmacies, Doctors or third parties unfairly;

      3. harms the interests and/or the good name of eHealth Concepts:

      4. infringes upon any intellectual property rights, privacy rights or other rights of eHealth Concepts or third parties;

      5. is contrary to good morals or good taste, is violent or evokes violence or hatred against others;

      6. refers in any way to another website competing with or similar to eHealth Concepts.

    6. eHealth Concepts reserves the right to monitor, refuse and/or remove any information that is provided by the User, without being liable for this.

  5. PRICE AND PAYMENTS

    1. The prices as stated on the Platform are for requesting Medication and/or obtaining a Doctor's prescription.

    2. The price is collected on behalf of the Doctor and/or Pharmacy by eHealth Concepts by way of a payment service provider that has been contracted by eHealth Concepts. eHealth Concepts will transfer the funds to the Pharmacies and/or Doctors on behalf of the User.

    3. If the Doctor refuses to give a Doctor's Prescription, the amount the User has paid will be reimbursed after reduction of a compensation for the Doctor's assessment.

    4. Returning Medication is subject to the conditions of the Pharmacy from which the User received the Medication. If return is permitted and the Medication has been returned, eHealth Concepts will refund the amount the User paid to the User's bank account within 7 days after the relevant Pharmacy has informed eHealth Concepts that the Medication has been successfully returned. Costs for obtaining a Doctor's Prescription will be deducted from the amount to be returned.

  6. NO RETURNS

    1. By placing and paying for an request, the User expressly agrees with the immediate delivery (within the term of the right of withdrawal) or execution of the Service by eHealth Concepts and the immediate delivery of the Doctor's Prescription. The User expressly waives his right of withdrawal once the Service and/or (the assessment of the) Doctor's Prescription has been provided.

    2. User understands and expressly waives his/her right to return or withdrawal of Medication, because of health risks and the strictly personal nature of these services.

    3. Deviation from article 6.2 is only possible when the Pharmacy expressly makes it possible to return Medication. Any returns will then be subject to the conditions of the Pharmacy. No rights can be derived against eHealth Concepts from the conditions of the Pharmacy. 

    4. In case the wrong product has been delivered or if the delivered Medication is faulty, User has to contact the customer service of eHealth Concepts and eHealth Concepts will then provide a solution.

  7. PRIVACY

The privacy statement of eHealth Concepts is applicable on the processing of personal data within the framework of the Platform. This privacy statement can be consulted via kearty.com

  1. MAINTENANCE

eHealth Concepts may (temporarily) decommission or limit the use of the Platform to perform maintenance, updates and adjustments (or have them performed), without being liable to pay damages to the User. eHealth Concepts will inform Users in a timely manner about scheduled maintenance and/or adjustments that are being made.

  1. INTELLECTUAL PROPERTY RIGHTS

    1. All intellectual property rights relating to the Platform and the Website rest solely with eHealth Concepts, its licensors, Doctors and/or Pharmacies.

    2. Without prior written consent of eHealth Concepts, the User may not in any way, make available to third parties, reproduce, distribute. transmit, or process in any other document or material, the content found on the platform.

    3. Intellectual property rights on Medication and/or Doctor's Prescriptions are vested with the respective owners.

  2. EXCLUSION

eHealth Concepts may deny the User access to the Platform if the User fails to act in accordance with these terms of use.

  1. FORCE MAJEURE

    1. eHealth Concepts is not obliged to fulfil any obligation if it is prevented from doing so due to force majeure. Force majeure includes, but is not limited to:

      1. a non-attributable shortcoming of Pharmacies, Doctors and/or other third parties used by eHealth Concepts;

      2. a legal prohibition on the sale or delivery of certain Medication and/or Doctor's Prescriptions;

      3. acts by a public authority.

  2. LIABILITY OF EHEALTH CONCEPTS AND INDEMNITIES

    1. eHealth Concepts is not liable for any damage suffered by the User or suffered as a result of using the Platform, all in the broadest sense of the word, except in cases of intent or gross negligence on the part of eHealth Concepts.

    2. Insofar as the liability exclusion referred to in paragraph 1 is legally ineffective on any grounds, the liability of eHealth Concepts is limited to the amount that Users have paid to eHealth Concepts for requesting Medication via the Platform.

  3. REFERENCES

The Platform may contain references to third-party websites. eHealth Concepts has no control over these websites and is not responsible for the content of these and/or the policy pursued by these websites (including the privacy policy).

  1. SECURITY

eHealth Concepts makes every reasonable effort to protect its Platform and underlying systems against loss and / or any form of unlawful use. In this context, eHealth Concepts takes appropriate technical and organizational measures taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

 

  1. NOTIFICATION OF INFRINGEMENT

Unlawful or inaccurate information on the Platform can be reported to eHealth Concepts, by sending an e-mail to hello@kearty.com. eHealth Concepts will assess the e-mail, and if eHealth Concepts decides there is a need to change information, the changes will be made within a reasonable period.

  1. APPLICABLE LAW AND DISPUTES

This Agreement is governed by the laws of The Netherlands. Any discussions relating to these terms of use, and/or the Platform are to be submitted to the competent Judge in The Netherlands judicial district of Zeeland-West-Brabant, location Breda. Applicability of the Vienna Sales Convention 1980 is excluded.

 

  1. QUESTIONS?

If there are questions about these terms of use, please contact us via hello@kearty.com.


Bergen op Zoom
12th april 2024