Terms and Conditions
These General Terms and Conditions apply to the subscription service of Rehab Lab B.V.
Article 1: Definitions and general provisions
1.1 By using the subscription, the Subscription Holder agrees to these Terms and Conditions. If the Subscription Holder does not wish to agree to the General Terms and Conditions, he/she cannot use the services.
1.2 “Subscription Holder” means the natural or legal person who has registered with Rehab Lab B.V. for a monthly, half-year, annual or multi-year subscription.
1.3 “Provider” means Rehab Lab B.V.
1.4 “Account” means the account on the platform that makes it possible for the Subscription Holder to use the services.
1.5 “In writing” means by letter, e-mail, fax, SMS or WhatsApp message.
1.6 “Force majeure” means a cause that cannot be attributed to the Provider (such as power or internet failure) as a result of which performance cannot reasonably be required of the Provider.
1.7 “Controller” means a natural or legal person, a public authority, a service or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
1.8 Unless expressly agreed otherwise in writing, these terms and conditions apply to all activities, quotations, agreements and arrangements.
1.9 The clauses in these general terms and conditions are also for the benefit of all persons working for the Provider, all persons engaged by the Provider in the performance of any assignment and all persons for whose acts or omissions the Provider could be liable.
Article 2: Invoicing and payment
2.1 Payment must be made in accordance with the underlying agreement.
2.2 If payment after invoicing has been agreed, payment must be made within 30 days.
2.3 The Provider has the right to charge an administration fee if payment is made after the payment term has expired.
2.4 In the event of non-payment or late payment within the term described above, the Subscription Holder is in default. After the payment term has expired, the Subscription Holder owes the statutory commercial interest applicable at that time.
2.5 If the Subscription Holder is in default, he/she will owe collection costs. In the case of a commercial agreement, the collection costs of Rehab Lab B.V. are due after the agreed final day of payment, without further notice (in accordance with Art. 6:96 para. 4 of the Dutch Civil Code).
Article 3: (Premature) termination
3.1 The Provider is at all times entitled to terminate the agreement in full or in part in writing without stating a reason. In the event of termination by the Provider, the Provider does not owe a refund to the Subscription Holder.
3.2 In the event of premature cancellation, the Subscription Holder will owe the remaining subscription costs.
3.3 The Subscription Holder can cancel by e-mail.
3.4 In the event of temporary force majeure, the Provider and the Subscription Holder may terminate or amend the agreement.
3.5 At the end of the agreed period, the agreement will be tacitly extended for periods of a maximum of three months each, at the subscription rate applicable at that time, unless the Subscription Holder terminates the agreement no later than one month before the end of the current subscription period.
3.6 If the agreement is for a period longer than 12 months, the Subscription Holder is entitled to terminate the agreement after the first year with a notice period of one month.
Article 4: Liability
4.1 The Provider is only liable for direct damage. The Provider is never liable for indirect damage, including consequential damage, lost profit, missed savings, etc.
4.2 The limitations of liability in this article do not apply if the damage is due to intent, deliberate recklessness or gross negligence on the part of the Provider or its employees.
4.3 The Provider is not liable for damage of any kind caused by the Provider relying on incorrect and/or incomplete information provided by or on behalf of the Subscription Holder. The Provider is also not liable if the instructions in the videos are not followed closely or if a doctor’s advice is not followed. The service is used at the Subscription Holder’s own risk and responsibility.
4.4 The Subscription Holder is deemed to act as befits a reasonably acting and reasonably competent professional. The Subscription Holder accepts that healthcare professionals are themselves responsible for ensuring that all exercises and programmes put together for a patient are actually suitable for that patient.
4.5 All claims expire no later than one year after the event that may lead to liability has taken place, or has come to, or could reasonably have come to, the attention of the Provider.
4.6 The Subscription Holder indemnifies the Provider against any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to parties other than the Provider.
4.7 The Subscription Holder indemnifies the Provider against any liability arising from the violation of the privacy of third parties. The Subscription Holder is responsible for obtaining the necessary privacy permissions, unless these are not required in the given circumstances.
4.8 The Provider accepts no liability with regard to the purchase or proper functioning of infrastructure, loss, damage, errors or incompleteness of the material, transmission errors, malfunctions or unavailability of data, computer or communication means.
4.9 The right to compensation is conditional on the Subscription Holder informing the Provider immediately upon becoming aware of facts or circumstances that give rise to a right to compensation.
Article 5: Privacy
5.1 Insofar as necessary in the context of the agreement, the Provider will store and process data on behalf of the Subscription Holder, who is the controller.
5.2 The Subscription Holder shall obtain the necessary consent of the persons whose personal data are recorded for processing by the Provider.
5.3 The Subscription Holder takes the necessary measures to inform data subjects that their personal data will be processed.
5.4 It is at all times the responsibility of the Subscription Holder to inform the Provider in good time of any requests to delete personal data.
5.5 The Provider ensures adequate security to protect personal data.
5.6 The Provider shall never sell personal data and/or make it available to third parties.
5.7 The Provider complies with the legal regulations on the protection of personal data, as laid down in the General Data Protection Regulation and other privacy legislation.
Article 6: Copyright
6.1 The copyright in all matters related to the Provider’s app and subscription service remains with the Provider at all times. Subscribers shall not disclose, reproduce, modify or otherwise use this material, except for their own use.
6.2 The prohibition referred to in paragraph 1 does not apply if this has been agreed in writing with the Provider.
Article 7: Intellectual property
7.1 All intellectual property rights relating to the name, logo, app, subscription service and the programme and business formula generally used by the Provider are vested in the Provider. The Subscription Holder shall not publish, reproduce, otherwise use or imitate this information.
7.2 The prohibition referred to in paragraph 1 does not apply if this has been agreed in writing with the Provider.
Article 8: Delivery
8.1 The Provider shall provide the services at the time agreed in the underlying agreement.
8.2 Additional costs incurred by the Provider in connection with urgent delivery requested by the Subscription Holder and/or delivery earlier than agreed shall be borne by the Subscription Holder.
Article 9: Guarantees
9.1 The Provider cannot guarantee that:
- the service will be available at all times, given possible malfunctions or interruptions;
- the service will lead to certain results at all times.
Article 10: Applicable law, disputes and nullity
10.1 The legal relationship between the Provider and the Subscription Holder is governed by Dutch law. Only the Dutch courts have jurisdiction over any disputes between the Provider and the Subscription Holder.
10.2 The court in Breda has exclusive jurisdiction. However, the Provider remains entitled to sue the Subscription Holder before the competent court of the Subscription Holder’s place of residence.
10.3 If one or more provisions of these general terms and conditions are void or are annulled, the other provisions of these general terms and conditions remain fully applicable.