Terms & Conditions

Version January 2022

Thank you for using the digital education and simulation services of LeQuest that we make available to you (collectively, the “Service”).

Our Service

The Service allows you to learn about the functionality of medical equipment, medical technology, procedures related to medical equipment, and theoretical aspects relevant for using medical equipment and technology. The Service provides the ability to practice and execute set procedures on medical equipment in a digital environment, without the need for the actual device and without risk for a patient.

Your Service provider

The entity providing the Service is LeQuest B.V., a company incorporated and operating under the laws of the Netherlands, (Registered Number: 91113938), located at Stationsplein 45, Rotterdam, the Netherlands (referred to as “LeQuest”, “we”, “us”, or “our”).

Applicable Terms

Your use of the Service is subject to these terms (referred to as “Terms”). These Terms are leading over other terms and conditions, such as general terms and conditions of the entity you work for, unless this is not allowed by law.

Who may use this Service?

As part of an agreement between LeQuest and LeQuest partners and/or Customers (referred to as “Agreement”), LeQuest may grant 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 personal and is not transferable. The sale, rental, letting, sub-licensing, or provisioning to third parties is not allowed.

The use of the Service is at your own expense and risk. You are 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 you violate any of the clauses in these Terms.

Your use of the Services

To be able to make use of and have access to the Service, you have to activate a personal account (referred to as “Account”).

Depending on the way the Service is delivered, upon activating the Account, you may be asked to provide your own credentials, including a password. You are responsible for keeping the password confidential. You are responsible and liable for all use made of and access to the Service by means of your Account. As soon as you know or have reason to assume that your Account and/or credentials has/have come into the hands of unauthorized third party/parties, you must inform LeQuest of this immediately, notwithstanding your own obligations to take immediate effective measures yourself, such as changing the login details to your Account.

Your Account is personal and should not be shared with others.

LeQuest accepts no liability for any damages resulting from unauthorized access to or use of the Service by you or third parties.

Your privacy

LeQuest will, for the purpose of executing the Service and the Agreement, process personal information. This normally involves personal information such as name, email address, 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.

Reservation to your rights

Any right not expressly granted to you in these Terms and in the Agreement remains the right of LeQuest or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Service you access.

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.

Your responsibilities

LeQuest B.V. has taken care to ensure the accuracy of its Service. 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 your responsibility to verify that the (versions of) the equipment you use in medical procedures matches (the versions of) the equipment in the Service.

Availability of the Service

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, Service, 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 will endeavor to notify you 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.

Limitation to liability

LeQuest shall have no liability 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.

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.

About these Terms

We may modify these Terms, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. LeQuest will provide reasonable advance notice, however, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should discontinue your use of the Service.

If your use of the Service ends, the following terms will continue to apply to you: “Reservation to your rights”, “Your responsibilities”, and “Limitation to liability”.

LeQuest may transfer all or part of these Terms to an affiliate company, or, if LeQuest changes ownership, to a third party.

Dutch law is applicable. Any disputes that may arise pursuant to or in connection with the Service 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.