General Terms
Updated: 12 October 2020
Applicability
These are the general terms and conditions of NiceDay Healthcare Nederland BV for the use of its NiceDay app by clients. By registering for and / or using the NiceDay app you indicate that you have taken note of our general terms & conditions and our privacy statement.
Cost
The use of the NiceDay is free, the conditions of your mobile provider remain applicable to the use of the NiceDay app. Your mobile provider may charge you for accessing network connections for the time of the network connection needed when using the NiceDay app.
Definitions
In these general terms and conditions, NiceDay Healthcare Nederland B.V. is referred to as “we” or “us”. The mobile application developed by us is referred to as “NiceDay app”. The services we provide through the NiceDay app are referred to as “NiceDay service”.
Deviate agreements
Agreements that deviate from these general terms and conditions are only valid if those agreements have been agreed on by email.
Communication
By using the NiceDay app you accept that we communicate with you via email.
Changing the general terms and conditions
We may change these terms and conditions from time to time. We will notify you by e-mail of the new general terms and conditions and of the date on which the new general terms and conditions come into effect. If you do not agree with the amended terms and conditions, you must no longer use the NiceDay app and remove the NiceDay app from your mobile device. A link to the most recent version of the terms and conditions will always be available in the NiceDay app and on our website.
System requirements
The NiceDay app works on the phone via the following operating systems: minimum Android 6 and minimum iOS 11. It is important that the NiceDay app is regularly updated in order to use the latest functionalities.
Age
NiceDay service is available to users aged 16 and over. If you are younger than 16, the NiceDay service is only available to you if you are undergoing treatment at a GGZ institution and your parent or legal representative has given permission for you to use the NiceDay app.
Precautionary measures
NiceDay service has an informative purpose and is not intended to replace the relationship between you and your doctor and / or other medical care provider. We are not an authorized healthcare practitioner and have no expertise in diagnosing, examining, or treating any medical conditions of any kind. Not all exercises or activities such as those in the NiceDay service are suitable for everyone. You are responsible for ensuring that you properly inform your practitioner.
User data
We process your personal data in accordance with current privacy legislation. For more information about the processing of personal data by us, you can consult our privacy policy. You can find the privacy policy in the NiceDay app and on our website.
Login details and NiceDay account
To be able to use the NiceDay service, you must create an account on the NiceDay app. After you have successfully created an account, you will receive a confirmation by email.
You are responsible for the confidentiality of your login details. You are responsible for all uses of your login details, with or without your permission. We do not accept any responsibility or liability for information submitted by anyone who has fraudulently accessed your NiceDay account. If you discover that an unauthorized third party is using your NiceDay account, it is your responsibility to change your password as soon as possible.
The NiceDay account is personal and non-transferable.
You can deactivate your NiceDay account at any time and remove the NiceDay app from your mobile device.
Fair use
It is not permitted to use the NiceDay app in a way that could hinder other users or otherwise affect the proper functioning of the NiceDay service and the NiceDay app.
Intellectual property rights
All intellectual property rights as well as similar rights to protect information with regard to the NiceDay app (incl.standard changes and updates), the underlying software, texts, logos, trade names, brands, layout and images belong exclusively to us.
We grant you a worldwide, non-exclusive, non-transferable and revocable license to use the NiceDay app for your personal non-commercial use. You are not permitted to reproduce, distribute, modify or create derivative works of any part of the NiceDay service, or to display content publicly or to exploit it commercially, except as necessary to view data and / or make a reasonable number of copies of parts of this data (without changes). You are obligated not to infringe our intellectual property rights in any way.
Code of conduct
It is not permitted to distribute or share information via the NiceDay app that:
- Is in violation of national and international legislation;
- Is contrary to morality;
- Is (sexually) intimidating, racist, discriminatory, degrading, hateful or threatening;
- Contain sexual photos, acts or images;
- Commercial in nature.
You are not allowed to make audio or screen recordings of a conversation without the permission of the other party.
If we determine that you are not responsible with the NiceDay service, we have the right (but not the obligation) to (partially) block you access to the NiceDay app. You will be informed of this by email. If we notice that you are committing a criminal offense using the NiceDay app, we can file a report.
Changes to the NiceDay service
We may make changes, temporarily or permanently, to the NiceDay service or decide to discontinue the NiceDay service without prior notice, without being liable in any way for any damage you or a third party suffers as a result. If we stop the NiceDay service, we will inform you well in advance.
Third party service
The NiceDay service may contain links or references to third party websites. We do not monitor or research these websites and are not responsible for the content, functionality or practices of those websites.
Disclaimer regarding content, warranty and limitation of liability
The services are provided by us and our partners as is. We cannot be obliged to support or maintain the NiceDay app. Neither we nor our partners make any guarantees regarding the operation of the services and the information provided through the services. Within a certified treatment setting, the NiceDay app only serves to supplement the expertise of the practitioner, whereby in case of doubt, the advice of the practitioner always prevails. We are in no way liable for damage resulting from the (incorrect) use of the NiceDay app. The NiceDay app is just a means of communication.
Applicable law and competent court
Dutch law applies to our legal relationships, these general terms and conditions and the use of the NiceDay app.
All disputes that may arise in connection with the NiceDay service and / or the NiceDay app will be tried exclusively by the competent court in the Netherlands within whose jurisdiction our business location is located. You have 1 month after we have invoked this clause in writing against you, to choose the competent court according to the law to settle the dispute.