General Terms & Conditions

We are Parentally, with the following address: Cornelis Trooststraat 85, Amsterdam and postal code: 1072JD. You can find us with the Chamber of Commerce under the following KvK-number: 80845762.
If you have any questions about these general terms, you can contact us via email at: hello@parentally.nl or by calling: +31 (0) 202443861.

Article 1  Applicability

These general terms (the General Terms) apply when using the Website, www.parentally.nl, including subdomains (the Website).

Article 2 – General

Definitions

“Account” designates the personal space made available by Parentally to anyone registering to the platform. 
“Booking” designates the act by a User of booking a consultation from a Provider using the Website’s booking platform.
“Provider” designates the moral person or company offering their services to the User through the platform.
“Consultations” designates the services offered by Providers on the platform one of their services is booked.
"Listing" designates a page a Provider creates on Parentally to promote their company, services and share availabilities and reviews.
“Offers” designates the range of services and features offered by Parentally on the Website.
“User” designates the moral person who is registered on the Website and uses it to search for Providers, connect with them, book appointments and leave reviews.
“Video consultation” designates an online one-on-one private and secure consultation between a User and Provider.
“Visitor” designates anyone who visits and navigates on the Website without creating an account.
“Website” designates the web app available at www.parentally.nl

  1. The General Terms apply for the User/Visitor and Provider using the Website and extends to all Services offered by us.
  2. We reserve the right to change the General Terms at any time. By using the Website you accept the latest version of the General Terms.
  3. Deviating terms are only applicable if we have agreed to them, in writing.
  4. If any part of these General Terms is null or void, this shall not affect the applicability of the remainder of these General Terms. The part that is null or void shall be replaced by a provision that closely resembles the provision that is null or void.

Article 3 – The Website

  1. The goal of the Website is to help expectant and new parents (the User) find extra care and support to prepare and feel better during pregnancy, birth and first years of parenthood. It enables them to (i) search for specialized providers, (ii) connect and interact with them, (iii) book online and in person appointments, (iv) leave reviews, (v) and find information related to pregnancy, birth and parenting topics.
  2. The Website is focused on improving Users overall wellbeing and is not a medical platform. Consultations offered by Providers through the Website only complement and do not in any case replace the services of medical professionals, including but not limited to General Practitioners, Midwives, Gynecologists, and Pediatricians. For medical advice and consultations, Users should always turn to their General Practitioner or other Healthcare Providers.
  3. User and Visitor recognize that Parentally is a marketplace referencing specialized Providers but that this referencing does not have any legal/lawful value.
  4. Parentally is never a party to the final agreement between Users and Providers of the platform. 
  5. While we strive to deliver an optimal user experience, we deliver our Services as is without any guarantees regarding the quality of the Consultations offered by the Providers. 

Article 4 – Terms of use of the Website

  1. User and Provider cannot use the Website in a way that violates Dutch law or any other applicable rules or regulations.
  2. User and Provider are not allowed to spread the following:
    - pornographic videos, images or other material with an erotic content;
    - racist, homophobic, defamatory or any other type of content that could harm or cause prejudice to other users and visitors;
    - spam;
    - false or misleading information; and
    - viruses, malware, spyware or other software intended to harm our computers or that of other users; 
  3. User and Provider are not allowed to create an account under someone else's name or pretend to be someone else. User and Provider are not authorized to disclose personal data acquired from the platform and are prohibited to abuse them.
  4. User and Provider are not allowed to approach other users for other commercial purposes than that for which the Website is intended.
  5. If you want to report illegal use of the Website by someone else to us, you can send a message to hello@parentally.nl.

Article 5 – Availability of the Website

  1. The Website is available on the Internet to anyone having an internet connection. We will put in all our efforts to make the Website available at all times.
  2. We are responsible for the technical functioning and maintenance of the Website. But we do not guarantee that the Website is without errors, limitations, bugs or available 24/7. We accept no liability whatsoever for any damages, whether direct or indirect, caused by the Website being unavailable or due to bugs or errors.
  3. We accept no liability for damages caused by erroneous information on the Website
  4. We are responsible for the technical functioning and maintenance of the Website.
  5. We can update the Website for maintenance purposes or in order to improve the Website. An update can mean for instance adding a language, making small design changes, correcting minor errors. ("Update"). We will notify User 1 month in advance regarding the specifics of the Update and the newly added or modified parts of the Website.
  6. If we release a new version of the Website, this will be offered to User. By 'new version' parties intend: a new version in which new functionalities have been added and/or a completely new design ("New Version"). If User accepts the offer, the General Terms will also apply to the newest version of the Website.
  7. We offer a helpdesk. User and Provider can contact the helpdesk for technical support and in order to report an Incident. The helpdesk can be reached Monday to Friday from 09:00 to 17:00, except on Wednesday: 09:00 to 12:00 only, at the following phone number: (020) 244 38 61 or via email at hello@parentally.nl. We will do our best to respond as soon as possible, and in any case within 48 business hours.
  8. If an incident has been caused by a Website malfunction, we will restore this free of any charge. An "Incident" means: an error in the Website preventing it from functioning in accordance with what is agreed upon in these General Terms.

Article 6 – Accounts

  1. User Account
    a. You are required to register and create an account to be able to place a Booking request, pay online, have a video Consultation via the Website, as well as to contact a Provider.
    b. You have to be at least 18 years of age to create an account.
    c. You must keep your account details and password confidential. Use a safe password that consists of letters, symbols and numerals and that is at least 8 characters long. The use of your account is for your own risk. Activity on your account will be attributed to you personally.
    d. Please report any abuses of your account or any use without your permission, as soon as possible and change your password.
    e. You are free to download your data and delete your account at any time.
    f. Deleting an account is a permanent and irreversible action.
    g. By creating an account, you agree to receive our monthly newsletter.
     
  2. Provider Account
    a. You are required to create an account to be able to publish a Listing. 
    b. You have to be at least 18 years of age to create an account.
    c. You must live in the Netherlands to be allowed to publish a listing.
    d. You must be legally registered to the Chamber of Commerce and have the valid KVK-nummer and BTW-nummer enabling you to offer your services as a professional. In addition, you must provide proofs of your qualifications by sending us a copy(ies) of relevant diplomas using the secure upload link. Listings are subject to validation by our team before going live on the website. Parentally reserves the right to reject any application from providers who do not fulfill the aforementioned conditions.
    e. You also need to verify your identity with our Payment Service Provider (Stripe Connect) to be able to accept payments, by entering your KvK-nummer and uploading a proof of address in the Stripe interface.
    f. As a Provider, you commit to publishing information that.
    - Are true and sincere
    - Correspond to the activities for which you have been approved for on Parentally
    - Are directly linked to your professional activities
    g. You must keep your account details and password confidential. Use a safe password that consists of letters, symbols and numerals and that is at least 8 characters long. The use of your account is for your own risk. Activity on your account will be attributed to you personally.
    h. You commit to only uploading to the Website documents, media, contents for which you have the entire rights and licenses. 
    i. Please report any abuses of your account or any use without your permission, as soon as possible and change your password.
    j. You are free to download your data and delete your account at any time.
    k. Deleting an account is a permanent and irreversible action.
    l. By creating an account, you agree to receive our monthly newsletter.

Article 7 – Content of the Website

  1. The content published on the Website by us should never be considered as personalized advice or medical advice. For medical advice or in case of medical issues and conditions, Users should always turn to their General Practitioner, Gynaecologists, Midwives, and other, Healthcare Professionals.
  2. The content published by Providers on the Website is their sole responsibility. Providers recognize that the accuracy of the content (texts, media, documents) they publish on the Website cannot and will not be guaranteed by us. 
  3. Providers are not authorized to include links to third-party websites on their listings and content without prior approval from us.
  4. Listings
    a. Providers are advised to create one Listing but can create more if necessary.
    b. Listings are subject to review and approval by our team prior to going live on the Website.
    c. Providers can include as many services as they want in their Catalogue of services.
    d. Services featured on the Website can have a duration of up to 23 hours max. in total. 
    e. Only services that are up to 8 hours long maximum in total can be booked on the Website.
    g. User should contact the Provider directly to book services that are longer than 8 hours.
    h. Provider must clarify in its service description how the service is to be delivered (in person at home, in person at the provider's office, and/ or via consultation.)

Article 8 – Search, Bookings and Consultations

  1. Search
    a. Anyone is allowed to navigate the website and do searches without creating an account.
    b. The creation of an account is required for Users to be able to get in contact with Providers and place Booking requests.
    c. Searches can be made using different criteria such as: location, category of the service, the use of keywords, and the selection of a desired date and time.
    d. Search results are based on the information provided by the Visitor/User and other relevant criteria.
    e. Relevance takes into account: availability, reviews, the history of the relationship with the Provider and their ability to answer booking requests in a timely manner.
    f. Search results can be sorted by Price and Distance and filtered with a set of defined criteria.
    g. Listings on Category pages and search results pages are featured in a random order.
     
  2. Bookings
    a. Users are able to contact Providers through the Website via the Contact me button.
    b. Providers agree that Users are allowed to contact them via the Website before and after a Booking request is placed.
    c. Users Personal data are not shared with the Providers except for their first name and first letter of their surname. Email and mobile number are shared with the Provider once a booking request is accepted and paid.
    d. Users are strongly advised not to share other Personal Data (such as email, telephone number, address) with the Providers until after a consultation is completed and only for invoicing purposes. Sharing their Personal Data with Providers will be their own responsibility and we cannot be held liable.
    e. Users agree that Providers can contact them via the Website or email and telephone after a Booking request has been accepted and after the Consultation. These contacts should be limited to clarifying details about a consultation or invoicing.
    f. Users who decide to place a Booking request agree that the request is binding should the Provider decide to accept the booking request. They commit to paying the amount of the consultation and all other related fees as indicated upon checkout. Conditions apply in case of cancellations (see Article 10)
    g. Placing a booking request on Parentally requires online payment using the platform payment service. A booking request cannot be placed on the platform without online payment.
    h. Providers are free to accept or decline booking requests and are strongly advised to do so within a defined time period, as clearly stated to them per email.
    i. Providers agree that failure to answer a booking request, whether positively or negatively, will result in negative impact in their search results ranking on the Website. Declining a request has no negative impact.
    j. Providers are responsible for maintaining the accuracy and update of their content, prices and availability calendars. Parentally is not responsible in case of inaccuracy on this set of information.
    k. When a consultation can be delivered in different ways, users and providers need to agree on the type of delivery prior to the consultation.

  3. Consultations
    a. Providers are committed to respecting their engagements towards Users by being on time for consultations and delivering the expected service as agreed upon booking.
    b. We cannot guarantee the availability of the provider and are not responsible in case of unavailability, no-show, or mediation request by the Provider.
    c. Users are expected to be on time for consultations at the agreed upon location or online for video consultations. In case of no show or delay, and past the deadline for cancellation refund, the User will be charged for the whole amount of the consultation. Users may open a mediation to ask for a refund and reschedule the consultation.
    d. Providers agree that information exchanged during the Consultation with Users are strictly confidential and should not be exchanged with others.
    e. User and Provider using the video consultation feature of the Website agree that content and information shared during the video consultation are private and should not in any case be photographed, recorded, and shared with others.
    f. Providers are responsible for directly creating and sending the invoices related to their services to the User.

Article 9 – Prices and payments

  1. For the User
    a. The Website is accessible for free to all Visitors and Users.
    b. All prices on the Website, including those for Consultations offered by providers are entered and displayed including VAT.
    c. We may charge an additional service fee for any booking made through the Website’s booking platform. This fee will be clearly indicated to Users upon checkout.
     
  2. For the Provider
    a. Providers can use the Website's full set of features and list their services for free during the beta testing phase of Parentally. This beta testing phase will focus on the Amsterdam area and is planned to last until the date of the national launch, scheduled for later in the year. We reserve the right to shorten or lengthen the beta testing phase and will notice Providers in that case.
    b. After the beta testing phase, Providers can choose to continue being listed on Parentally and use the Website by subscribing. The subscription fee will be specified one month prior to the end of the testing phase at the latest. 
    c. All subscription prices are excluding the applicable Dutch VAT.
    d. The price of a subscription for Providers is per month.
    e. The costs for the subscription will be automatically withdrawn on a monthly basis from the Provider’s bank account by means of a direct withdrawal end of the month for the following month.
    f. The duration of a subscription is monthly based. Provider can decide to pause or cancel their subscription, effective end of the month. They can only pause their account for up to 6 months at a time maximum, with a mandatory period of 1 month paid subscription in between pauses. Provider can reactivate their account at any time during a pause, effective immediately.
    g. If the Providers chooses not to reactivate their account after 6 months, the account will be permanently deleted. All the Provider’s data and history will be kept while the account is paused. Once deleted, all data will be permanently deleted. Deleting an account is not reversible.
    h. We reserve the right to modify subscription plans and will inform Providers in writing of any changes prior to implementing the changes.
    i. We can, against an additional charge, of which the height will still have to be agreed on by the parties, offer additional communication opportunity for Providers to promote their services on our communications channels (details coming soon.)

  3. Payment flow and responsibility regarding Bookings
    a. Users can pay for their Booking online using credits cards: Visa, Mastercard, and CB. Other methods of payment should be available soon as we continue to develop and improve our platform
    b. Payments from Users for Bookings are made directly to the Providers. We use a Third-party Payment Service Provider (PSP) to process the payment and do not get involved in the payment process. 
    c. The User is only charged once the Booking request is accepted by the Provider. 
    d. The amount of the consultation is put on hold until the consultation/service is delivered and is then transferred to the Provider by wire transfer to his bank account according to the payment deadlines agreed upon when signing the contract. 
    e. Pay-outs to Providers are usually made within 10 days after the consultation/service, if no mediation is being handled.
    f. In case of dispute (e.g.:cancellations, delay, no show, dissatisfaction), see article 13 about Conflict resolution.
    g. Providers will be required to verify their identity with the Payment Service Provider in order to be able to receive payments by entering their bank account number (IBAN) and uploading documents to verify their identity. These documents include a valid Identification document and a proof of address. This set of information will be directly and securely collected by the Payment Service Provider and will not get in our possession or stored by us.
    h. Users can decide to pay for a consultation directly with the providers using other methods of payment outside the platform. However, doing so excludes Parentally from the whole transaction process. We cannot be held liable and cannot be involved in any issue ensuing bookings and payments made outside of our platform.

Article 10 – Cancellations and modifications

  1. A User is not charged when they cancel the Booking request before the Provider has accepted it.
  2. If the User cancels the Booking after it has been accepted by the Provider, the Website cancellation policy chosen by the Provider applies.
  3. By default, we apply 2 alternative cancellation policies to all services offered by a Provider on the Website. The Provider can thus choose between:

    (i) Flexible: If the User cancels more than 2 day(s) before the start of the service, he will be refunded 100 % of the amount paid; If the asker cancels less than 2 day(s) before the start of the service, he will be refunded 50 % of the amount paid.
    (ii) Strict: If the User cancels more than 3 day(s) before the start of the service, he will be refunded 100 % of the amount paid; If the asker cancels less than 3 day(s) before the start of the service, he will be refunded 50 % of the amount paid.
     
  4. Platform fees, if any, are not taken into account in the cancellation policy refund amounts displayed on the Website. They are 100% reimbursed in all cases.
  5. In case of a cancellation, a User receives a reimbursement via a credit refund on the credit card used for the booking.
  6. A Provider can choose to set additional Terms & Conditions via his account settings upon publication of a listing and is responsible for their application.
  7. If a Provider needs to cancel a Booking, they need to open a Mediation (see Article 14.) so that we can proceed to the refund of the User who booked the Service.
  8. Modifications of accepted Booking requests are not possible at the moment. If a User/Provider wants to change an accepted Booking request, they must first cancel the booking or open a Mediation. Then they can place the new Booking request. 

Article 11 - Reviews

User and Provider can write each other reviews on the Website after a Consultation. These reviews come in the form of a text and a rating (up to 5 stars). Both parties commit to leaving honest and sincere reviews. They are in no case allowed to write reviews that are false, racist, homophobic, offending, indecent, violent, threatening, aggressive or defamatory. We reserve the right to delete such reviews and to suspend or delete your account should you not comply with these rules.

Article 12 - Right to close your account

We reserve the right to (temporarily) deny you access to your account or close and delete your account in case of delayed payment, non-payment, abuse or violation of these General Terms. We accept no liability for damages caused by these actions whatsoever. Users and Providers can also decide to close and delete their account as explained in our Privacy Policy, unless there is an ongoing booking.

Article 13 - Confidentiality and Privacy

We shall keep your personal data confidential and store it in accordance with our Privacy Policy. You can read our Privacy Policy.

Article 14 - Conflict resolution

The Provider is solely responsible for the consultations and services he offers, for their quality and compliance with the applicable Dutch law and regulations.

If a Provider needs to cancel a Booking they have accepted, they need to open a Mediation so that we can proceed to the refund of the User. User is free to arrange for a new consultation by contacting the Provider and placing a new Booking request.

In case of an issue/conflict between the User and the Provider for a Consultation booked on the website, either of the parties can open a mediation via the platform to describe the issue and the desired outcome. The mediation demand has to be placed before (in case of a cancellation asked by the Provider) or within 72 hours after the delivery of the consultation/service. Our team will review the issue, investigate, and arbitrate the request to find a solution that is acceptable for both parties. 

Parentally is only the intermediary in the relationship between the User and Provider. As such, we are not obliged to help resolve conflicts between Provider and User. We will nonetheless do our utmost to help both parties find a solution to such a conflict.

Article 15 - Liability

We are not liable for:

  1. direct or indirect damage suffered as a consequence of the use of our Website, regardless of whether or not the claim is based on a guarantee scheme, agreement or any other legal principle;
  2. direct or indirect damage that is the result of (wrongful) information provided on the Website, regardless of whether that information was provided by us or any another party, active on the Website;
  3. damage resulting from mistakes made by third parties or caused by the unavailability of the Website as a result of circumstances outside the scope of our influence.

Article 16 - Indemnification

By using the Website you indemnify us from any claims, liabilities, damages, losses and expenses from third parties arising out of the use of the Website or the Services. This clause does not apply in cases of unlawful intent or gross negligence from our side.

Article 17 - Intellectual property

  1. All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the Website together with the underlying software code, are exclusively owned by Parentally.
  2. Parentally hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free and revocable license to use the Website for personal use in accordance with these General Terms.
  3. By using our Website you give us a non-exclusive, royalty-free, transferrable and worldwide license to use any content you upload on the Website.
  4. By using the Website and uploading content you declare that:
    - you are the sole and exclusive proprietor of that content; or
    - you have obtained all necessary licenses, consents, permissions or waivers to upload the content.

Article 18 - Nullity

If any part of these conditions is void or voidable, this does not affect the validity of the remainder of these conditions. The invalid or unenforceable part shall be replaced by a provision that most closely follows the content of the invalid provision.

Article 19 - Governing law

The governing law is the Dutch Law.

Article 20 - Competent court

All disputes arising out of or in connection with these General Terms & Conditions and all agreements between you and Parentally shall be exclusively submitted to the competent court of Amsterdam in the Netherlands. 

Last update: 8/4/2021

 

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