Copyright © 2020 LeQuest B.V. All right reserved


I - Definitions

  1. User: Every user of the Service, being a natural person or a legal entity that falls under an Agreement with LeQuest or its partners
  2. Account: the User’s personal area of the Service. The Account can be used by the User to manage and configure its settings for use of the Service, and is necessary to have access to and make use of the Service.
  3. LeQuest: LeQuest B.V., a legal entity registered by the Dutch Chamber of Commerce under number 52524264
  4. Customer Entity: The legal entity the User may be working for, such as a hospital, medical association, or device manufacturer
  5. Service: Services provided by LeQuest in person or via the internet, including but not limited to education, digital training and digital simulations delivered as a Software as a Service
  6. Terms: The provisions of this document
  7. Agreement: All agreements contracted between LeQuest or LeQuest partners and the Customer Entity, related to the Service

 

II – Applicability

  • These Terms are leading over other terms and conditions, such as the general terms and conditions of the Customer Entity, or market standard terms and conditions, unless this is not allowed by law
  • In case of inconsistencies between the Terms and the Agreement, the Agreement is leading

 

III – Account

  • In order to be able to make use of and have access to the Service, the User has to activate an Account
  • Depending on the way the Service is delivered, upon activating the Account, the User may be asked to provide its own credentials, including a password. The User is responsible for keeping the password confidential. The User is responsible and liable for all use made of and access to the Service by means of its Account. As soon as the User knows or has reason to assume that its Account and/or credentials has/have come into the hands of unauthorized third party/parties, the User must inform LeQuest of this immediately, notwithstanding its own obligations to take immediate effective measures himself, such as changing the login details to its Account
  • LeQuest accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties

 

IV – Service

  • As part of an Agreement, LeQuest may grant the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms and for the duration of the Agreement
  • The right to use the Service is not transferable. The sale, rental, letting, sub-licensing, or provisioning to third parties is not allowed
  • The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service
  • LeQuest has the right to terminate the access to the Service if a user violates any of the clauses in these Terms

 

V – Intellectual Property

  • All intellectual property rights on the learning goals, trainings, software, websites, datafiles, devices, hardware, or other materials such as analyses, designs, drawings, documentation, reports, proposals, including any preparation material that is developed or provided lie exclusively with LeQuest
  • Any reproduction or transmission of LeQuest material and services, in whole or in part, in any form or by any means, electronic, mechanical or otherwise, is prohibited

 

VI – Limitation of liability

  • LeQuest B.V. has taken care to ensure the accuracy of its Services. However, the Service is provided ‘as is’ and LeQuest assumes no liability for errors or omissions and reserves the right to make changes without further notice to any products herein to improve reliability, function, or design
  • The content of the Service is for information purposes only and is intended as education. The Service should not be regarded as a substitute or replace the Operating Manual or Instructions for Use of a medical device. Before attempting to use any medical devices, you must read the instructions for use thoroughly, paying particular attention to all warnings, cautions, and notes it may contain. In all cases the information contained in the Instructions for Use is considered leading information
  • It is the responsibility of the User of this training to verify that the (versions of) the equipment used matches (the versions of) the equipment in the Service
  • In case LeQuest would be liable, its liability is limited to a compensation of direct damages with a maximum of the actual reimbursement LeQuest has received from its insurance company related to the situation that is causing damages
  • LeQuest will never be liable for indirect damages, including any consequential damage, missed profit, missed cost savings and damages related to slower business

 

VII – Force majeure

  • LeQuest shall have no liability to User if it is prevented from or delayed in performing its obligations, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, cybercrime, (distributed) denial of service attacks, failure of a utility service or transport or telecommunications network, war, riot, fire, flood, epidemic or pandemic, storm or unforeseeable default of suppliers or 3rd party software

 

VIII – Availability and maintenance

  • LeQuest will make efforts to realize the uninterrupted availability of its systems, network and Service, but offers no guarantees in this regard unless otherwise agreed
  • LeQuest has the right to temporarily take its systems, Services, networks or parts thereof out of operation for the purpose of maintenance, adjustment or improvement. LeQuest will attempt to limit the duration of taking out of service where possible and it will endeavor to notify the User in due time of the scheduled taking out of Service. However, LeQuest is in no case liable to compensate any damage arising in connection with such a closure

 

IX – Processing of personal information

  • LeQuest will, for the purpose of executing the Service and the Agreement, process personal information. This normally involves personal information of the User, such as name, email address, employee ID, and where required an LTI identifier per user. LeQuest also stores information related to the progress of individual Users in the training, such as IP address, digital handlings in the training, and progress. This information may be used for reporting to hospital representatives (e.g. reporting progress to team leads), and for certification and accreditation purposes. LeQuest will also collect anonymized and aggregated information regarding its trainings for general reporting purposes and Service improvements
  • LeQuest provides support for all applicable rights related to personal information (e.g. inspection, change, deletion) in line with the legal requirements under EU GDPR

 

X – Miscellaneous

  • Dutch law is applicable. Any disputes that may arise pursuant to or in connection with the Services will be submitted to the competent Dutch court in Rotterdam where LeQuest has its registered place of business
  • If any provision in the Terms proves to be null and void, this shall not affect the applicability of the Terms as a whole