Terms of Use for the Website of yapili B.V.

 

The website https://yapili.com (Website) and its contents are property of and managed by yapili B.V., a legal entity incorporated under Dutch law, established in Prinses Margrietplantsoen 33, 2595 AM The Hague, the Netherlands (“YAPILI”).

These terms and conditions of use (“Terms of Use”) apply to all users of the Website, as well as to all information, recommendations and/or services provided to users on or through this Website.

By accessing or using this Website, users agree to the applicability of these Terms of Use. YAPILI notes that these Terms of Use may be changed over time. Users of the Website are advised to regularly read the Terms of Use for possible changes.

These Terms of Use are solely applicable between April 4, 2017 and December 31, 2018 during the pilot project phase aiming to test the usability of the Website and its functionalities.  

These Terms of Use were last changed on January 1, 2018.

These Terms of Use can be stored or printed using the button at the bottom of this page.

Introduction

The Website is a peer-to-peer platform that connects users, registered as ‘Advisees’, to physicians licensed in their place of residence, registered as ‘Advisers’, for health advice and follow up online.

The information provided on the Website, including the information provided by Advisers and other third parties, cannot and is not intended to replace a medical consultation or a medical examination. The information exchanged through the Website shall not be used to independently decide whether to commence or terminate a medical treatment, or to diagnose or identify treatment for a medical or mental health condition.

YAPILI DOES NOT AND IS NOT UNDER OBLIGATION TO PROVIDE ANY MEDICAL SERVICES, INCLUDING ADVICE OR FOLLOW UP, AND DOES NOT BECOME INVOLVED WITH MEDICAL TREATMENTS. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF USERS THINK THEY ARE HAVING A MEDICAL EMERGENCY, CONSULT EMERGENCY MEDICAL SERVICES IMMEDIATELY.

Information and Liability

The information provided by YAPILI on the Website is for general information purposes only. YAPILI will reasonably keep the information on this Website and its contents correct and up to date but does not guarantee that the Website and/or the Information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up to date and accurate.

YAPILI shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of YAPILI

YAPILI shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Independence of Advisers

The opinions, statements, and answers provided by Advisers via the Website are solely the independent opinions and statements of such individuals and do not reflect the opinions of YAPILI.

YAPILI shall not recommend or endorse any specific Advisers, tests, products, procedures, opinions, or other information that may be mentioned on the Website. YAPILI does not pre-screen content, but YAPILI and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Website, including the right to remove any content that violates the Terms of Use and/or the Adviser Agreement or is deemed by YAPILI to be objectionable.

User Submissions and Content

Users agree to only post or upload media (e.g. images, videos, or audio) that users have taken themselves or that users have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

Uploading media (e.g. images, video, or audio) of other people without their explicit permission is strictly prohibited. By uploading any media on the Website, the user warrants that he or she has permission from all persons appearing in user’s media for users to make this contribution and grant rights described herein.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy & Cookie Policy.

The user agrees that he or she will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Website.

By uploading any media (e.g. images, video, or audio):

  1. users certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes YAPILI to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and
  2. users agree to indemnify YAPILI and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or user’s failure to comply with these the terms described in this document.

YAPILI reserves the right to review all media prior to submission to the Website and to remove any media for any reason, at any time, without prior notice, at sole discretion.

Linked Sites

This Website provides links to external internet sites. YAPILI shall not be liable for the use or the content of internet sites that link to this site or which are linked from it. Our Privacy & Cookie Policy does not apply to any collection and processing of users’ personal data on or through such external sites.

Privacy & Cookie Policy

YAPILI gathers and stores personal data of Users according to the Privacy and Cookie Policy.

Agreements with Registered Users

By registering an account on the Website, Users shall agree with and at all times abide by and are compliant with the Adviser Agreement (if they register as ‘Adviser’) or the Advisee Agreement (if they register as ‘Advisee’).

Intellectual Property

Unless indicated otherwise, all rights to this Website and the information, including copyrights and other intellectual property rights, are owned by YAPILI.

Users are permitted to read the Website and use its functionalities.

However, they shall not make copies or in any way share with third parties or make publicly available information received or sent, except for cases where such information can be downloaded, saved and printed using the fit-for-purpose functionalities on the Website. All other use of the Website, for example the storage or reproduction of (a part of) the Website of YAPILI in any external internet site or the creation of links, hypertext links or deeplinks between the Website of YAPILI and any other internet site, is prohibited without the express written consent of YAPILI.

Severability

If these Terms of Use are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purpose of these Terms of Use.

Applicable Law and Jurisdiction

These Terms of Use shall be exclusively governed by Dutch law. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be resolved by the competent courts of The Hague.

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