General terms and conditions Hikos B.V.
(This is an informal translation of the “Algemene Voorwaarden Hikos B.V.” If there are discrepancies between the Dutch text and this English translation, the Dutch text shall prevail.)
Version 1, May 2020
Hikos B.V. (Hikos or we) is an Amsterdam based private company with limited liability under Dutch law (trade register number 77341503).
In these general terms and conditions, we set forth which services Hikos offers, and specifically which services Hikos does not offer, and your rights and obligations as a customer. Additionally, Hikos has no (or very limited) liability, and these terms and conditions are always applicable. Finally, these terms and conditions contain rules with regard to the competent court and applicable law.
Definitions
1. Customer: the person who, in any manner whatsoever, uses Hikos’ services, including, but not limited to giving Hikos an assignment, like the planning of an appointment with a medical specialist or healthcare professional.
2. Associated persons: any (legal) person who is or was directly or indirectly employed by Hikos, including in any case, all current and former employees, medical specialists and other healthcare professionals, contractors, advisers, directors, shareholders and/or partners.
What does Hikos offer and what does Hikos not offer?
3. Hikos offers you as a customer – in addition to (and not instead of) the medical care that you receive from your own doctor – the opportunity to consult and exchange ideas directly (via voice or video conversation) with a medical specialist or other healthcare professional. Hikos acts in the background providing consultation aiming to help you better navigate the healthcare landscape and at the same time to be your sparring partner in preliminary and/or subsequent discussions about consultations with your own treating physician. You can consider it as a good conversation with a friend who happens to be a medical specialist and therefore knows what he or she is talking about.
4. However, Hikos expressly does not offer medical care. Hikos and the medical specialist engaged by Hikos have no access to your medical file(s) and are therefore not familiar with your specific situation. For medical care or medical treatment you can therefore only rely on your own doctor and at most use Hikos as a discussion partner in the background.
What do you have to do yourself?
5. You always need to have your own attending physician. You are and remain responsible for proper medical care and medical treatment.
6. In case of need for medical care or when in doubt, especially in urgent cases, you should not contact Hikos, but your own doctor or general practitioner or call 112.
7. You should assume that the services of Hikos are not reimbursed by the health insurer or any other insurer. The costs for Hikos services are your own responsibility.
These conditions always apply
8. These general terms and conditions apply to all legal relationships with Hikos, including (but not limited to) agreements, such as assignment agreements and consultancy agreements. Furthermore, these general terms and conditions also apply in the event of liability arising from non-contractual issues, such as tort.
9. These general terms and conditions can be found on the Hikos website. General terms and conditions of other parties, such as clients and third parties, are not accepted by Hikos and are hereby rejected. All assignments are, with the exception of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code, exclusively accepted and performed by Hikos. This also applies if you explicitly or tacitly provide your assignment with a view to execution by one or more specific persons associated with Hikos. Only you as a customer of Hikos can derive any right from the advice or other activities of Hikos.
Where the law allows, Hikos is not liable for damages, and has limited liability in all other cases. Complaints should be reported as soon as possible.
10. Hikos is not liable. Hikos is only liable if the law compellingly determines that it is. If Hikos is held liable, its liability is limited to the amount paid by Hikos’ liability insurance in that particular case. The aforementioned exclusion of liability and limitation of liability also apply to each of the persons associated with Hikos. Neither Hikos, nor the persons associated with Hikos, are obliged to take out liability insurance.
11. A claim against Hikos or against persons associated with Hikos should be reported to Hikos as soon as possible. If Hikos is not notified in a timely or proper manner, the claim will be voided. A proper report must be made in writing to Hikos and include at minimum (i) a complete description of everything on which the claim is based, and (ii) all information and documents relating to the claim and alleged damages. Without prejudice to the obligation to make a proper report as soon as possible, a notification which has not been made within three (3) months after the claim is known or could reasonably have been known is in all cases too late and therefore has lapsed.
12. Also in the case of the discovery of an event or circumstance that gives rise or may give rise to liability on the part of Hikos or to persons affiliated with Hikos, a proper and substantiated report must be made to Hikos as soon as possible after the discovery. If a timely and proper notification is not made to Hikos, any claim relating to that event or circumstance shall lapse. A proper report must be made in writing to Hikos and include at minimum (i) a complete description of everything on which the event or circumstance is based, and (ii) all information and documents relating to the alleged event or circumstance. Without prejudice to the obligation to make a proper report as soon as possible, a notification which has not been made within three (3) months after the event or circumstance is known or could reasonably have been known is in all cases too late and therefore has lapsed.
13. To the extent that there is any liability, it is in all cases limited to direct damages. Liability for consequential damages and other indirect damages is completely excluded at all times (including – but not limited to – damages resulting from medical treatment, immaterial damage, loss of income, etc.).
14. Without prejudice to the above, in no case shall Hikos be liable for more than €10,000 (ten thousand euros) per assignment, whereby, in the context of this article, multiple assignments for a single customer are considered as a single assignment. The only exception to this limitation of liability would be in the case that the customer can claim and prove deliberate intent or recklessness on the part of Hikos.
15. These general terms and conditions, including the limitations of liability and forfeiture clauses contained therein, can also be invoked by persons affiliated with Hikos and their successors and as well as by the successors of Hikos itself. This all counts as an irrevocable third-party clause as defined in Article 6:253 paragraph 4 of the Dutch Civil Code, also for the benefit of the affiliated persons and the legal successors of Hikos.
Jurisdiction and governing law
16. All legal relationships, the (performance of) assignments, activities and the associated legal relationship(s) are exclusively subject to Dutch law, unless mandatory statutory provisions provide otherwise.
17. The court of Amsterdam shall have jurisdiction to hear any dispute arising from this agreement, in the first instance, and without prejudice to the right of appeal. Disputes also include those that are wholly or in part based upon non-contractual principles or that concern the invalidity, voidability or the existence of any legal act or agreement.
18. Invalidity of any of the provisions of these general terms and conditions does not affect the validity of the other provisions. In the event that any provision contained herein is found to be invalid, it will be replaced by a valid provision preserving the purpose and intent of the invalid or non-binding provision.