TERMS OF USE

 CONSULTASSISTENT

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Conditions of use ConsultAssistant

These Terms of Use have been prepared for Outcome Measurement BV, the provider of ConsultAssistant, registered with the Chamber of Commerce under number 65972902. When we use "we", "us" and "our" in these Terms of Use, we mean Outcome Measurement.

  1. Definitions

1.1 ConsultAssistant: the web application to which these Terms of Use apply (see functionality and specifications of ConsultAssistant: https://www.consultassistent.nl/).

1.2 User: Patient or care provider who is going to use ConsultAssistant.

1.3 User account: the account for which the User registers in ConsultAssistant.

1.4 Terms of Use: these Terms of Use.

1.5 Information: the data that the User can share via ConsultAssistant.

1.6 Treatment agreement: the (treatment) agreement that the User and the Care Provider enter into in the context of (care) services provided by the Care Provider to the User and in which ConsultAssistant functionalities can be deployed.

1.7 Parties: the User and Outcome Measurement jointly, each individually being a "Party".

1.8 Privacy Statement: the privacy statement of Outcome Measurement that applies to the collection and processing of personal data and that can also be consulted at: https://www.consultassistent.nl.

1.9 Care provider: the party with whom the User enters into a Treatment Agreement concerning the provision of certain care in which ConsultAssistant is used as a means of communication.

  1. Using the ConsultAssistant

2.1 Outcome Measurement provides ConsultAssistant to Healthcare Providers who can thereby support Users to digitally prepare for the outpatient session, monitor the complaints experienced by the User and support them in making diagnostic, treatment and care process decisions.

Details about the company Outcome Measurement and the functionalities of ConsultAssistent can be found at https://www.consultassistent.nl.

2.2 The intended use of ConsultAssistant is as follows: ConsultAssistent is an automated digital anamnesis and follow-up system for healthcare. Using interactive dynamic question modules, ConsultAssistent relieves the caregiver of administrative burden, the caregiver and patient are better prepared for the outpatient appointment and the treatment outcomes experienced by the patient are measured. As a result, the time of a consultation can be used more effectively. ConsultAssistent can be linked to the EMR so that the healthcare provider can easily view the answers during or before the consultation.

The healthcare provider is responsible for making the diagnosis and the treatment plan. ConsultAssistent only serves as a medical aid that can be used in a supporting role. ConsultAssistent is also used for (scientific) research into better care.

2.3 The use of ConsultAssistant is subject to the Terms of Use and the Privacy Statement. These can be found (and downloaded for free) at https://www.consultassistent.nl and in ConsultAssistent.

2.4 The use of ConsultAssistant may require the User to enter into a Treatment Agreement with a Healthcare Provider. Outcome Measurement is not liable or responsible for any services or activities of Third Parties including Healthcare Providers that result from this Treatment Agreement.

2.5 Precisely because ConsultAssistent can be used in conjunction with third party care services, it is important that the User of ConsultAssistent is really the person who has registered. In the event that another person fills in data for the User, this must be indicated in ConsultAssistent. The User may only use ConsultAssistent for the purpose for which it has been developed as described at https://www.consultassistent.nl and only personally (i.e. the User may not allow other persons to access ConsultAssistent or his User Account).

2.6 In order for ConsultAssistant to work, the following is required: a suitable internet connection, equipment and browser supporting ConsultAssistant. What type of internet connections, equipment (and any versions of the software on that equipment) is supported can be found at https://www.consultassistent.nl. The User is responsible for this internet connection and equipment and their proper use.

2.7 Outcome Measurement and the User may terminate the use of ConsultAssistant at any time without reason. If we do so, we will inform the User by email. Outcome Measurement shall not be liable for the consequences of blocking and/or restricting access to and/or disabling ConsultAssistent and/or the User's account, unless otherwise required by mandatory law.

  1. What you can count on when using ConsultAssistant

3.1 Outcome Measurement makes every effort to ensure optimum availability and accessibility of ConsultAssistant. We strive for maximum availability but cannot guarantee that the User will always have unhindered access to ConsultAssistant or will be able to use ConsultAssistant uninterrupted, for example because of maintenance and/or updates (which we do regularly and at our own discretion). In case there are maintenance activities causing ConsultAssistent to be (temporarily) unavailable, we will let you know in time, if possible, stating when ConsultAssistent will be accessible again.

3.2 Outcome Measurement does not warrant that ConsultAssistant or parts thereof will operate without interruption, errors or defects, or that all errors and defects can and will be corrected at all times.

3.3 Outcome Measurement is not responsible for the (undisturbed) functioning of telecommunication connections (e.g. User's Internet connections).

3.4 Outcome Measurement is committed to ensuring that ConsultAssistant is adequately protected according to the state of the art. The User shall ensure that he or she secures his or her own equipment and software in an adequate manner (for example, by choosing strong passwords and/or setting a PIN code on the mobile device).

  1. Personal data

4.1 In the course of using ConsultAssistant, (personal) data may be stored and processed by Outcome Measurement. The Privacy Statement at ConsultAssistent sets out what data is collected and processed by Outcome Measurement.

4.2 When ConsultAssistant is used as part of a treatment agreement, the following applies: The service provider is the data controller in the sense of the General Data Protection Regulation and Outcome Measurement has data processing agreements with the service provider. The User should address requests for access to his or her own data to the Healthcare Provider and cannot address such requests to Outcome Measurement.

In all other cases where Outcome Measurement receives data from a User (e.g. but not limited to when the User visits the ConsultAssistant website): The User retains ownership of all Information and data it communicates.

4.3 Where the User has consented to the use of his/her data for research purposes, Outcome Measurement has the right to use Information in the context of improving ConsultAssistant and Outcome Measurement's services in accordance with the Privacy Statement.

4.4 Outcome Measurement offers the User the possibility to make his/her own back-ups of information collected with ConsultAssistant. It is the User's choice whether or not to do so. Outcome Measurement is not responsible or liable for backing up data for or on behalf of User nor for restoring corrupted or lost data and/or Information.

  1. Liability of Outcome Measurement

5.1 Outcome Measurement shall not be liable for any damages or costs arising from misuse of, or unauthorised access to, User's ConsultAssistant and Information.

5.2 Outcome Measurement is not liable or responsible for the Information and/or data, or the correctness or accuracy of the Information and/or data, that is entered and/or maintained and/or processed and/or converted and/or communicated through the use of ConsultAssistant by the User or any third party.

5.3 Outcome Measurement is not liable for incorrect and/or erroneous use of ConsultAssistant by a User or third party, including but not limited to the input of incomplete and/or incorrect information.

5.4 Outcome Measurement excludes all liability for damages and/or injuries arising out of or in connection with the use of ConsultAssistant by the User.

5.5 The User shall indemnify Outcome Measurement against all possible claims of third parties resulting from the use of ConsultAssistant.

  1. Other provisions

6.1 Outcome Measurement is entitled to transfer the rights and obligations under these Terms of Use to a third party.

6.2 If any provision of the Terms of Use is invalid, or is voided, this shall not affect the validity of the remaining provisions.

6.3 The use of ConsultAssistant and the Terms of Use shall be governed by Dutch law.

6.4 The District Court of The Hague, The Hague, has exclusive jurisdiction to hear disputes relating to these Terms of Use and the use of ConsultAssistant.

Terms of Use version 1.0 | Date of entry into force: 24/09/2020