Terms of Use

IN CASE OF EMERGENCY, CALL 112, THE EMERGENCY LINE OF YOUR GP, OR IMMEDIATELY GO TO THE EMERGENCY ROOM OF THE NEAREST HOSPITAL

1. Introduction

1.1. Quin B.V., with address Stadhouderskade 55, 1072 AB Amsterdam, registered with the Dutch Chamber of Commerce under number 62575090 ("Quin", "We", "Us", or "Our") is developer of a digital healthcare solution that supports people in choosing the right care at the right time. We do this by providing personal, reliable, and data-driven medical information about urgency, diagnosis and treatment options. The medical knowledge and expertise of GP’s and medical specialists is the basis hereof. Through the Quin‑platform (the "Platform") We connect patients and GP’s, via a patient app and web application (the "App") and a GP portal ("Quin Pro").

1.2. The App is not suitable nor intended for persons under 18 years of age. If you are under 18 you are not allowed to use the App.

1.3. These terms and conditions for the App (the “Terms”) are applicable to the use of the App and all Services.

1.4. These Terms are not applicable tot he services (medical or other) provided to You by third parties, such as GP’s and medical specialists. For the Service Specialist Consult, We sometimes require services of third parties. The terms and conditions of those third parties are applicable to those services.

1.5. These Terms are published in the App. Also, you can download and save these terms via Our website or ask Us to provide You with a free copy thereof per e-mail.

1.6. Quin is at all times entitled to modify these Terms. Modifications will come into effect upon announcement. By continuing to access or use the App and/or Services, you agree to be bound by the modified Terms.

1.7. In these Terms, words written with a capital letter have the meaning as set out below, or anywhere else in these Terms.

§ Account: Your personal account administered by Quin, which provides You access to Your personal environment in the App;

§ IP Rights: all intellectual property rights, neighbouring rights, database rights, patent rights, trademark rights, trade name rights, rights in domain names, design rights and all other intellectual property rights, whether registered or not, and including all claims to, applications for, registrations or registrations of such rights, all related dependent or ancillary rights and rights of priority or priority, and all comparable rights or forms of protection, anywhere in the world;

§ Results: the results of the Services, as set out in article 5.1;

§ Services: the access to the App and the services Quin provides through the App, as set out in article 4;

§ Specialist Consult: is the advise Your GP requests from a medical specialist outside the hospital for the assessment of your health complaint and treatment, as further explained in article 4.1;

§ User Information: all information and materials, such as but not limited to personal details, medical information and documentation, provided by You; and

§ You or Your: you, the person using the Services.

2. License and IP Rights

2.1. Quin hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and use the App and the Services, in accordance with these Terms. If You fail to comply with these Terms, Quin may immediately revoke this right.

2.2. The IP Rights relating to the App and the Services are owned by Quin or its licensors. Nothing in these Terms is intended to transfer any IP Rights to You in any way.

3. Your Account

3.1. To use the App and the Services, You need an Account. You can create an Account in the web application or in the App. You can download the App from the App Store (iOS) or Play Store (Android). You will be asked for Your name and e-mail address during the creation of Your Account. It is not possible to create more than one Account per email address. If You are experiencing problems with Your Account, please contact Us at hello@quin.md.

3.2. After registration, Quin will send You login details. After You have logged in for the first time, You can change the login details. You are responsible for keeping Your login details secret and safe. If You know or suspect that someone else has access to Your login details and/or Account, You must inform Quin as soon as possible and change Your login details.

3.3. When your GP uses the UwZorgOnline portal of Pharmeon B.V., the Services are integrated in this portal. When You use one of the Services for the first time, in the background, an Account is automatically created. You can then automatically log into Your Account at any time via the UwZorgOnline portal.

3.4. In order to use the App, You will also need (i) a mobile phone or other device with (a recent version of) an operating system that supports the operation of the App, and (ii) internet access.

3.5. Some of Our Services are only accessible if You link Your Account with your GP. This is only possible if Your GP is affiliated with Quin. If Your GP is not affiliated with Quin or if You do not give Us consent to share Your data with Your GP (or withdraw the consent given), not all Services are available (anymore). In addition, it depends on the (technical) connection of Your GP with Quin whether all or only a part of the Services are available to You. The link between Your Account and Your GP is further explained in article 6.3.

4. Our Services

4.1. We provide the following Services through the App:

a. Symptom Checker: a digital symptom checker that, after answering questions about Your health complaint, immediately gives You insight into probable causes, and advises whether You should speak to the GP and how urgent that is. Quin uses the symptom checker developed by Ada Health GmbH. The terms and conditions of Ada Health apply to the use, and You must accept these before the first use;

b. My Health: the part of the App that consists of Your medical profile, Your complaint reports, further diagnostic results, and other reports (such as when using the Service Specialist Consult);

c. Contact module: if Your GP is affiliated with Quin, You can contact Your GP via the contact module in the App to make an appointment for a video consultation, telephone consultation or appointment at the practice;

d. Chat; if Your GP is affiliated with Quin, You can have direct contact with your GP practice (the GP or the assistant) via the chat module in the App to ask a question or, for example, have a photo viewed;

e. Online consult: if Your GP is affiliated with Quin, You have the possibility in the App to speak to a GP, not always your own GP, via a video consultation during a certain timeslot;

f. Prescription Renewal module: if Your GP is affiliated with Quin, You can request repeat prescriptions via the App, which will be sent directly to your pharmacy;

g. Specialist Consult: if Your GP is affiliated with Quin, Your GP can ask a specialist to assess Your health complaints and give advice on the possible diagnosis and treatment ("Specialist Consult"). A Specialist Consul can take place (i) without You, when only Your GP has direct contact with the specialist, or (ii) with Your cooperation, when You answer additional questions from the specialist and may also have a direct video consultation with the specialist. A Specialist Consult can only be conducted after a consult with and on the initiative of Your GP. Your GP remains Your practitioner and will determine Your further treatment or diagnosis based on the Specialist Consult. Your GP is therefore always Your point of contact for complaints. You can refrain from treatment via Specialist Consult at any time; and

h. Video consultation: if Your GP is affiliated with Quin, You have the possibility to have a video consult with Your GP via the App. In addition, a video consult can be conducted with a specialist when using the Service Specialist Consult.

4.2. Quin has the right to make functional, procedural or technical changes or improvements to the App, the Services and the Platform. You should therefore always use the latest version of the App. If You do not, the App may not function properly or be used at all.

4.3. Our Services are intended to support You and Your GP. They are in no way intended to be a substitute for a physician or health care professional. We strongly recommend discussing the advice We provide through Our Services with Your GP.

5. Use of the App and Services

5.1. The results of Our Services are based on the User Information You provide, combined with general statistical information about medical conditions, general health and lifestyle information, and general information about risk factors (the "Results").

5.2. Providing incorrect, outdated or incomplete User Information may affect the Results and may even lead to incorrect or incomplete advice. You must therefore ensure that the User Information is and remains understandable, correct, complete and up to date.

5.3. The Results are never medical advice, a diagnosis and/or a treatment. Only the advice You receive from Your GP or another healthcare provider (whether or not via the App) is medical advice on which You can rely.

5.4. The Results of the Symptom Checker are stored in a complaint report. If Your GP is affiliated with Quin, You can share the complaint report directly with Your GP and schedule an appointment if necessary.

5.5. If You have any questions about the Results or if You intend to make decisions that may affect Your health based on the Results, You should always first consult with a qualified medical professional, such as Your GP or a medical specialist.

5.6. You are solely responsible for (i) contacting and/or requesting advice from Your GP or other healthcare provider based on the Results, (ii) following the advice of Your GP after using Our Services, and (iii) following up on any actions advised or requested within the Service Specialist Consult.

5.7. You may not use the App, the Services and/or the Platform:

a. in any way that:

(i) infringes the rights of Quin or third parties and/or is unlawful towards third parties;

(ii) is in breach of any applicable law or regulation; or

(iii) is in breach of these Terms;

b. for or on behalf of someone else;

c. to cause nuisance, annoyance or inconvenience;

d. for purposes other than those for which they are intended, including (but not limited to):

(i) reproduction, modification, distribution, (sub)licensing, leasing, selling, transferring, publishing or otherwise exploiting them;

(ii) investigating for security or authentication vulnerabilities with the aim of circumventing them;

(iii) decompile or reverse engineer them, except as permitted by applicable law;

(iv) scrape, index, measure or otherwise data mine (any part of) the App, the Services and/or the Platform or unnecessarily burden or hinder the usability and/or functionality of the App, the Services and/or the Platform; and/or

(v) upload or otherwise introduce malicious code (including malware, Trojans, viruses, etc.) thereon.

5.8. Quin may suspend and/or restrict Your use of the App and Our Services (i) in the event of (suspected) fraud, (ii) if You infringe the rights of third parties, and/or (iii) if You act in breach of any provision of these Terms. All damages and costs resulting therefrom will be for Your account unless applicable law provides otherwise.

5.9. You hereby indemnify Quin, its affiliates, officers, directors, employees, agents, licensors and suppliers and hold them harmless against any third party claims, actions or demands, and/or liabilities, including, without limitation, reasonable legal and accounting fees, arising from Your access to or use of the App and the Services in breach of these Terms.

6. Privacy and data sharing

6.1. Quin processes Your personal data in accordance with Our privacy statement (please see here). Any privacy related questions can be directed to Our Data Protection Officer per email at privacy@quin.md.

6.2. Quin only shares Your User Information with (i) Your GP, when You contact Your GP, and (ii) a medical specialist, when Your GP initiated the Service Specialist Consult. Quin will always inform you about this in advance.

6.3. If you want to connect Your Account to your GP, You have to:

a. fill in the details of Your GP;

b. provide Quin with explicit consent to share Your User Information with Your GP; and

c. provide Your GP with explicit consent to have Quin process all information Your GP collects and administers through the Platform.

6.4. You can at any time withdraw the consent given under article 6.3 by denting an email to privacy@quin.md.

7. Liability

7.1. Quin will do its utmost to ensure that the App and the Services function without material technical malfunctions. However, Quin does not guarantee that the App and the Services will (i) operate without interruption, (ii) be free from defects, and/or (iii) are suitable for the purposes for which You intend to use them. In addition, We cannot guarantee the content, completeness or accuracy of the medical information received through Our App or Services.

7.2. Quin and its affiliates, directors, employees, suppliers and agents shall not be liable for indirect or consequential damages, loss of business, loss due to internet malfunction, lost or corrupted data, or any loss or damage resulting from the use of the internet, telephone connection or failure by You to comply with these Terms, Our advice or instructions.

7.3. Quin is only liable for direct damage if and when arisen because Quin, through its own fault, did not provide its Services to You as agreed in these Terms (toerekenbare tekortkoming). In such event, Quin reimburses up to a maximum of the amount paid out by Our insurance company.

7.4. Our App and Services are designed to comply with Dutch laws and regulations. We accept no liability for damage caused by the App and/or the Services not complying with foreign laws and regulations.

7.5. All claims arising from Your use of the App, the Services and/or the Platform expire (verjaren) 1 year after the date on which the event giving rise to the claim occurred.

7.6. The limitations and exclusions of liability in this article 7 do not apply in the event not permitted under applicable law.

8. Communication

Please do not hesitate to contact Us at hello@quin.md in the event You have any questions, comments, suggestions or complaints regarding the App, Our Services or these Terms. We will of course do Our utmost to investigate these questions, comments, suggestions and complaints and take appropriate actions.

9. Dispute resolution

9.1. We will do Our utmost to settle any disputes that may arise between You and Us amicably. In the event this appears not to be possible, the court of Amsterdam has exclusive jurisdiction.

9.2. These Terms, Your use of the App, the Services and the Quin Platform are governed by Dutch law.

Version July 2023

Terms of Use (consumer app)