General terms and conditions – Medpeople B.V

1. General and definitions

1.1 These terms of use for care workers (“Terms of Use”) apply to the use of the service provided from time to time by Medpeople B.V., KVK-nr 83593691 (“Medpeople”).
1.2 Medpeople provides an app called Medpeople (the “App”). The App allows healthcare professionals (“User”) to search for and apply to perform healthcare-related consulting assignments (“Assignments”) with healthcare providers (“Service”). The Service also includes an opportunity to connect with healthcare providers who have posted recruitment advertisements for employment with the healthcare provider (“Advertisements”).
1.3 When registering his/her User Account, the User also accepts the Terms of Use, which together with the User’s registration of the User Account and the then-current Employment Agreement (as defined below) constitute the agreement between the User and Medpeople (the “Agreement”).

2. User account and access

2.1 The User must create a user account in the App before the Service can be used. The User is responsible for ensuring that the information provided is accurate, up-to-date and complete. The User Account is personal, and the User must keep the password well protected and not give anyone else access to the Service through the User Account.
2.2 To be eligible to use the Service, the User must belong to one of the following professional groups:

Licensed Physician;
Licensed Nurse; or
Other healthcare professionals

2.3 Before the User can use the Service and apply for Assignments, Medpeople will verify that the User is licensed as a healthcare professional and/or has the appropriate diplomas, and that there are no regulatory or complaint cases against the User. Medpeople will check against the Register of Authorised Health Care Professionals (BIG-register), and will also check for any supervisory and complaint
cases. Other quality checks may also occur (e.g KIWA – Mijn Keurmerk). After the initial check, the check is carried out every six months. The ID check is only carried out if the User has a profession in the health care field with ID requirements, and when a booking occurs (= employment with Medpeople). Medpeople may, at its sole discretion, deny the User use of the Service based on the outcome of the above checks.
2.4 The User warrants, by accepting the Terms of Use, that the User:
– Belongs to one of the professions listed above and is licensed as a healthcare professional (if the User’s profession has a licensing requirement);
– is fully competent to perform the Tasks that the User is applying to perform;
– has the necessary training, experience and qualifications to perform the Tasks for which the User is applying;
– has the necessary authorisations from the relevant authorities or other third parties;
– is not incapable, unauthorised or otherwise unfit to perform the Tasks for which the User is applying.

3. Assignments for consultancy work with healthcare providers

3.1 The Service enables the User to easily contact healthcare providers in need of healthcare-related consulting services. In the Service, the User can search for available Assignments and register for Assignments that the User wishes to perform. If the User is available to perform an Assignment, the User will be notified in the Service.
3.5 When the User performs an Assignment, the performance must be of such quality as would be expected of a skilled and experienced health care professional, and in accordance with applicable ethical and professional guidelines for health care professionals. The performance of an Assignment must always be in accordance with applicable laws and regulations.
3.6 A notification to perform an Assignment is binding. Specific details, such as time, location and remuneration, are set out in the Assignment description.
3.7 The signature of the Employment Contract and wedge tax declaration is signed with a digital signature.
3.8 If the Healthcare Provider selects the User to perform an Assignment, the User will be employed by Medpeople, or act as a self employed (ZZP). The employment is a general fixed-term employment limited to the period specified in the Medpeople employment contract. The User’s employment is governed by Medpeople’s employment
agreement for general fixed-term employment (the “Employment Agreement”).
3.9 Before the User commences performance of a specific Assignment, the User must have read, understood and agreed to the Employment Agreement or the ZZP Assignment Agreement.

4. Advertisements for employment with healthcare providers

4.1 The Service also allows the User to easily get in touch with healthcare providers in need of hiring healthcare professionals without Medpeople as an intermediary. In the Service, the User can search for available Advertisements and apply for Advertisements that the User is interested in. The Service also allows Healthcare Providers to contact Users who are interested in a position advertised through an Ad.
4.2 Users choose whether they want to take employment with a healthcare provider they have come into contact with through an Advertisement, Medpeople only mediates the contact through the Service. Medpeople assumes no responsibility for the actions of care providers towards Users within this part of the Service.

5. License to the App

5.1 Provided that the User complies with the Terms of Use, Medpeople grants the User a non-exclusive and non-transferable right to use the Service via their User account and to use the App on their Android or iOS device.
5.2 The User may not use, copy or transfer the App, or any part thereof, other than as permitted by the Terms of Use. The User may also not modify, develop or create extensions to the Service and the App.
5.3 The User may not sublicense, rent, lend or otherwise permit any third party to, directly or indirectly, dispose of or otherwise use the Service and the App.
5.4 The User shall not decompile, reverse engineer or otherwise attempt to recreate the source code of the Service and the App, or create backups, except as provided by mandatory law.
5.5 The User may only use the Service in accordance with the Terms of Use and Medpeople’s instructions for use of the Service, and in accordance with applicable law. No content that is illegal, invasive of privacy or unethical or that may reasonably be expected to be used for such illegal, invasive or unethical purposes may be handled within the framework of the Service. The User shall not use the Service or the App in any manner that may infringe any copyright or other intellectual property right of Medpeople or any third party.

6. Limitation of Liability and Indemnity

6.1 The Service and the App are provided on an “as is” basis without warranties of any kind and use of the Service is the responsibility of the User. Medpeople makes no warranties, direct, implied or otherwise, regarding the availability, quality, fitness for any particular purpose, suitability or accuracy of the Service and the App.
6.2 The Service may contain information or content from third parties, for example regarding descriptions of Assignments. The third party is responsible for the content, its origin and presentation. Medpeople can under no circumstances be held responsible for the factuality, accuracy or relevance of the third party information.

7. Personal data

7.1 Medpeople is the data controller for the processing of the User’s personal data collected in connection with the creation of an account and the use of the Service. Medpeople processes the personal data in accordance with the General Data Protection Regulation (EU 2016/679) and Medpeople’s data protection policy.
7.2 More information on Medpeople’s processing of personal data can be found in Medpeople’s Data Protection Policy

8. Intellectual property rights

8.1 All copyrights, trademarks and other intellectual property rights (registered and unregistered) in the Service and the App belong to Medpeople and/or third parties. Nothing in the Terms of Use grants the User a right or license to use any copyright, trademark, or other intellectual property right owned or controlled by Medpeople.
8.2 The User is granted only the limited right to use the App and the Service as specifically set forth in these Terms of Use.

9. Period of validity

9.1 The Terms of Use are valid until further notice. Medpeople has the right to terminate the User’s right to use the Service at any time.
9.2 If the User performs an Assignment, the Agreement shall remain in force despite any termination of the User’s right to use the Service until the Assignment is performed and completed. The Employment Agreement may only be terminated in the ways set out therein.

10. Other conditions

10.1 If the User violates the Agreement, Medpeople has the right to immediately suspend the User from the Service until further notice or terminate the User’s user account, without any liability to the User for this.
10.2 Medpeople reserves the right to change the Terms of Use. In such case, the User will be informed by e-mail thirty (30) days before the new Terms of Use come into effect. By continuing to use the Service after the information has been sent to the specified e-mail address that the Terms of Use have been changed, the User accepts the changed Terms of Use.
10.3 Medpeople may, at its sole discretion and at any time, modify or discontinue the Service and the App. The User agrees that Medpeople shall not be liable to the User or any third party for any such modification or discontinuance.
10.4 The User shall not be entitled to assign any rights or obligations under the Terms of Use without the written consent of Medpeople.
10.5 Medpeople is entitled to assign the Agreement to another company in the same group as Medpeople or to a third party in connection with a transfer of all or substantially all of Medpeople’s assets.

11. Applicable law

11.1 The Terms of Use shall be interpreted and applied in accordance with Dutch law.