1. Descriptions and definitions
1.1 The Nederlandse Huisartsen Genootschap (Dutch College of General Practitioners), hereinafter referred to as NHG, is the scientific society of Dutch General Practitioners, whose mission is to improve and support evidence-based general practice.
1.2 In these General Terms and Conditions, the following terms are defined as stated below:
User: the party who has entered into a software right of use agreement with the NHG.
Right of use: the right granted by the NHG to the user pursuant to the software right of use agreement to use a software product with due observance of these General Terms and Conditions.
Purchase agreement: every agreement entered into between the buyer and the NHG, in whatever form, for the purchase of publications, devices and other movable property.
Buyer: the party who has entered into a purchase agreement with the NHG as referred to in these General Terms and Conditions.
Webshop. Our shop contains information and order information in respect of the various products developed by the NHG in support of a proper and efficient GP’s practice.
Software right of use agreement: each agreement entered into between the user and the NHG, in whatever form, relating to the making available of one or more software products.
Software product: computer software, data collections (databases) and/or other publications, stored on and/or included in electronic data carriers such as, for example, diskettes, CD-ROMs or cdi-disks, or otherwise made available by the NHG to the user electronically or in electronic form, all this in the broadest sense.
2. These General Terms and Conditions form an integral part of each offer of NHG products and all purchase agreements, software right of use agreements and other agreements entered into by NHG with third parties deriving from it.
3.1 Intellectual property rights
3.1.1 All intellectual or industrial property rights relating to the NHG products – software products, equipment, other material and data – are exclusively vested in NHG or its licensors.
3.1.2 The products referred to in 3.1.1 may exclusively be applied for private use or use in the own GP’s surgery, unless expressly agreed otherwise.
3.1.3 The buyer/user is aware that the NHG products – software products, equipment, other material and data – made available contain confidential data and/or professional privilege of the NHG or its licensors. The buyer/user undertakes to keep the above-mentioned products confidential, not to disclose them to third parties, give them in use or sell them and to only use them for the purpose for which they have been made available to him/her.
3.1.4 The NHG grants the right of use to only one user per licence; the NHG therefore obliges the user to exclusively exercise the right of use in person. The user is entitled to make two spare copies of the software, unless expressly agreed otherwise in writing. During the use of the data and software, the user must maintain the notices relating to the intellectual property rights.
3.1.5 The buyer/user may not without the written consent of the NHG change or treat the products referred to in 3.1.1.
3.1.6 After a breach of the above-mentioned conditions, the NHG is entitled to terminate the software right of use agreement with the user with immediate effect by means of a written notification, without any further notice of default or judicial intervention being required. The NHG will never be liable to pay any compensation pursuant to this termination. NHG is entitled to take legal action against the relevant user.
3.3 The price
3.3.1 The prices stated by the NHG in the webshop or otherwise are subject to errors and/or interim changes.
3.3.2 The prices stated in the webshop are exclusive of VAT and shipping costs, unless expressly stated otherwise. The VAT number NL008959560B01 is registered with the Tax and Customs Administration.
3.4.1 The products remain the property of the NHG until the buyer/user has met all his obligations. In the event of late payment, NHG is entitled to immediately terminate the relevant agreement.
3.5 Refunds policy
3.5.1 Refunds in respect of downloaded content will only be made if the customer can show to the NHG’s reasonable satisfaction that the downloaded content was not of a satisfactory quality for the Permitted Use.
3.5.3 Where the NHG confirms that a refund will be made, the NHG will usually process the refund due to the customer as soon as possible and, in any case, within 30 days of the day the NHG confirmed to the customer that the customer was entitled to a refund for the downloaded content. The NHG will usually refund any money received from the customer using the same method originally used by the customer to pay for the downloaded content.
3.6.1 The NHG devotes great attention to the content of his products. The NHG is not liable for information which has nevertheless been incompletely and/or incorrectly included, for defects in the design or for the consequences of incorrect and/or incompetent use.
3.6.2 The NHG has taken great care both to the compilation of the data and to the development of the software products. Nevertheless, the NHG is not liable for loss, either direct or indirect, for whatever reason, arising from the use of data and software products, either contractually or pursuant to negligence or other unlawful act.
Although the software products have been checked by the NHG with a standard virus checker, no guarantee is given on the absence of viruses. Adequate virus checks must therefore be carried out by the user.
3.6.3 Liability of the NHG for loss as a result of an unlawful act is excluded, which expressly includes liability for loss caused by an intentional act or gross negligence of non-managerial subordinates of the NHG and non-subordinates.
3.6.4 The restrictions in liability included above do not apply if the loss is caused by the intentional act or gross negligence of the directors or managerial subordinates of the NHG. In that event, the liability is restricted to the price (exclusive of VAT) stipulated in the agreement.
3.6.5 If due to circumstances of the case articles 3.7.1 to 3.7.5 cannot be invoked, the compensation is never more than the price (exclusive of VAT) stipulated in the agreement.
3.7 Suggestions and complaints
The NHG pays great attention to the content and the design of its products. For suggestions and complaints, please see the NHG website.
4. Applicable law
All agreements, as well as their performance, are exclusively governed by Dutch law. Any disputes, related to the performance of an agreement or agreements derived from it, will be submitted to the court with jurisdiction in Utrecht.
Utrecht, January 2013
R. Dijkstra, general practitioner,
Chairman of the Board