Member Agreement VeryPatient

1. General

1.1.     Your agreement is with us, Clinique de la Brisee [ST1] LTD a private company, registered in Belgium (Company No. BE 07 752 82 69 3) (Mentioned below as the Clinic), operating under its medical authority the online medical application VeryPatient. ((Company No. LU34072028) (Mentioned Below as the Online Application).

1.2.     These terms and conditions form part of your agreement with us and replace any previous terms and conditions. Your membership agreement with us is made up of:

1.2.1.   your completed and signed membership agreement form;[o2] 

1.2.2.   these terms and conditions or, if you[o3] [ST4]  join on-line, the membership agreement terms described in section 1.6 below; and

1.2.3.   the terms of the Clinic use described in sections 1.4 and 1.5 below.

1.3.     These documents together form a legal, binding agreement between you and us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a member of our team at the Clinic.

1.4. You, and your family (as applicable), when visiting the Online Application of the Clinic, must comply with and agree to the rules and regulations [ST5] which may be notified and/or displayed at the Clinic and are subject to update from time to time.

1.5. Our memberships can be paid monthly or annually membership, being automatically renewable without a cancellation notice online. In these terms and conditions, monthly means every calendar[o6]  month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to a month in these terms and conditions, we mean a full calendar month.[ST7] 

1.6. For members joining on-line:

1.6.1.   Your membership agreement terms are accessible through a link sent out in the receipt email that you will receive within 3 business days after joining. If you do not receive the receipt email within the 3 days, please contact the Clinic. A ‘business day’ means Mondays to Fridays .excluding Saturdays and Sundays and public holidays in Belgium.

1.6.2.  Your membership agreement terms are accessible through an online procedure in the Online Application. A receipt email will be sent to you within a working business day. A ‘business day’ means Mondays to Fridays .excluding Saturdays and Sundays and public holidays in Belgium.

1.6.3.   References in these terms and conditions to “membership agreement terms” means the membership agreement terms that are accessible through a link sent out in the receipt email or through our online application. 

2. Starting your agreement

2.1.     Your agreement commences on the start date set out on your membership agreement form.

2.2. When your membership starts, you will need to make the payments set out on the membership agreement. You cannot use the Online Application of the Clinic until you have signed your membership agreement form[o8] , made the payments set out on the form, and set up your monthly payment scheme or direct debit (if you are paying by direct debit).[ST9] 

3. Types of membership

3.1.     We offer on this agreement exclusively an membership for online medical services  to persons aged 18 years old or[o12]  over[ST13] .

3.2.     The duration of the membership, and the amount you pay will depend on the type of membership you have chosen. The membership type you have selected will be shown on your membership agreement form.

3.3.     The types of memberships available are listed in clause 3.4 below (but are more particularly described in our Membership Guide [ST14] If you are unsure about your current membership type, please contact the Clinic. To modify your membership  please speak to a member of the team at the Clinic.

3.3.1 … Quid si on ajoute de nouveau services 

3.4. We offer the following the types of membership at the Clinic:

3.4.1.   A monthly membership for a value of 30 euros per month or 300 euros per year, including the following services included in the Online Application.

3.4.2.   A medical chatbot answering online to parenting Questions &  Answers, validated by caregivers of the Clinic.

3.4.3.   An online chat line to communicate with the caregivers of the Clinic collaborating with the Online Application.

3.4.4.   The membership includes the service for a family living under the same roof.

3.4.6.  

4. Your membership fees

4.1.     The cost of your membership will depend on the membership commitment period you have chosen (see section 5 below).

4.2.     We will set out all amounts that you need to pay for your membership on your membership agreement form.

4.3.     If you are unsure about the fees and any additional charges that you are paying, please speak to the Clinic.

4.4. During your membership, you must pay your membership fees whether or not you actually make use of any services. [o15] 

4.5. When your membership ends for any reason, and we have taken the final payment from you, you are responsible for canceling your direct debit (if it’s set up as primary payment collection). You should not cancel your direct debit before your membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such an event, we will contact you about this.[o16] 

5. Payment options[ST17] 

5.1. For each of the payment options set out below, all the monthly fees and any additional charges could change in line with section 10.[o18] 

5.2.     As stated above, all our memberships are to be paid on a monthly basis[o19] . The monthly membership fee you pay will depend on the type of membership you choose, the payment option you select and the minimum number of complete months you commit to be a member for.

5.3.     The types of payment options we offer are as follows:

5.3.1.   Annual prepaid (12 months contract)

a)           With this payment option, you commit to be a member for 12 full calendar months and to paying all your membership fees upfront when you join or renew; and

5.3.2.   If you want to commit to a further 12 full calendar months, you must renew before the 15th day of the last calendar month of your then current commitment period. If you do not renew, we will assume that you want to cancel your membership and your membership will end at the end of your then current commitment period.  [o20] 

5.3.3.   Monthly payment 

a)          With this payment option, you commit to be a member, and to paying the monthly membership fee. At the end of the calendar month, your membership will automatically continue on a monthly basis; and

b)           Under this payment option, during your month commitment period you will not be able to downgrade to a lower level of membership, and you will not be able to cancel your membership during this period except for the reasons set out in section 8.[o21]

6. Payment methods

6.1.     Unless you have chosen our prepaid payment option, you must pay your monthly membership fee in advance every month. Payment may be collected by credit card on the Online Application or directly to the Clinic.

6.2.  In case you have opted for the prepaid payment option, please ensure that the entire amount for the specified period is paid upfront at the start of the membership. This can be done via the same methods - Online Application or directly at the Clinic. 

6.3.  For those members who are unable to make payments online, please contact our Clinic directly to discuss alternative payment methods. We understand that everyone's situation is different, and we strive to accommodate all our members' needs to the best of our ability.

6.4. We greatly appreciate your timely payments as they help us continue providing top-quality services. We're committed to ensuring your experience with us is smooth and satisfactory, and the understanding of our payment methods plays a crucial role in this process.

7.    Failing to pay

7.1.     This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:

7.1.1. The account details you gave us for the direct debit are wrong; or – 7.1.2 There is not enough money available in your bank account; or

7.1.2.     You have canceled your monthly payment without giving us the correct notice period (see section 8 of these terms and conditions)[o25] 

7.2.     If the account details, you gave us for the direct debit are wrong:

7.2.1.    We will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new monthly payment commitment / direct debit mandate form.[o26] 

7.2.2.   While you owe us payments you will not be allowed to enter or use our service. Once your payments are up to date you will be allowed to enter and use the centre or use the Services. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.

7.4.     If you have canceled your monthly payment / direct debit without giving us notice:

7.4.1.  If you are not within any commitment period you agreed to, we will cancel your membership from the end of the following month and your account will remain in debt until the outstanding payment is made.

7.4.2.   While you owe us payments you will not be allowed to use of the services. Once your payments are up to date you will be allowed to enter the centre and use the services. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.[o28] 

7.5. We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest. Or we may choose to take the payments owed from your credit card or debit card using the credit card or debit card details you have given us, and you hereby authorise us to do so.[o29] 

8.    Your right to cancel your membership[ST30] [o31] 

8.1.        Canceling your membership during the trial period.

8.1.1.          If you have purchased your membership online, you have a legal right to change your mind within 14 days of joining. The 14-day cancellation period commences the day of your membership start date which is stated on your agreement. This is called the ‘Trial period’. If you choose to cancel within the trial period, we will not charge any fee on your requested credit card and your service will be canceled.

8.1.2.          If you want to cancel your membership within the cooling-off period, you must send your notice in writing (by post or e-mail) to the Clinic manager or fill in a form at the Clinic.

8.2.        Canceling your membership after[o32]  the trial period[ST33] 

8.2.1.          To cancel your membership after the trial period has expired, you must send your notice in writing to the clinic manager or fill in a cancellation form at the Clinic. If the Clinic receives your notice on the first day of the month, your membership will end on the last day of the same month. If the Clinic receives your notice after the first day of the month, your membership will end on the last day of the following month. This means we will take one more direct payment before canceling your membership. For example, if we receive your notice on 10 May, cancellation will take effect from 30 June. [o34] If you are within your commitment period, we will cancel your membership from the 1st day of the month after the commitment period has finished, as long as it is at least one full calendar month in advance. If you are not sure what your commitment period is, please contact the Clinic.

8.2.2.          If you cancel your membership in writing (by post or e-mail), when we receive your written notice, we will send you an acknowledgement letter or email to confirm the date that your membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us. If you cancel using a cancellation form at the Clinic, we will not send you an acknowledgement letter or email, but the cancellation form will show the date your membership will end.

8.3.        After the trial period you may cancel your membership within your membership commitment period for the reasons set out in – 8.3.1 to 8.3.4 only. We may require you to produce proof, satisfactory to us, if you cancel for any of the following reasons:

8.3.1.          Serious illness;

8.3.2.          Serious injury;[o35] 

8.3.3.          Redundancy, or

8.3.4.          Force majeure.

8.4.        As well as the above, you may cancel your specific type of membership in the following ways:

8.4.1.          Standard monthly – if you have chosen, or changed to, our standard monthly payment option, you can cancel your membership by giving us one full calendar months’ notice in writing.

8.4.2.          Discounted monthly – if you have chosen, or changed to, our discounted monthly payment option, you must give us one full calendar month’s written notice to cancel your membership at the end of your 12-month membership commitment period. We must receive this notice at any time on or before the first day of the last full calendar month of your commitment period.

However, you can cancel your membership straight away if you pay for the remaining full calendar months of your commitment period.

9.    Our right to cancel or freeze your membership

9.1.        In addition to our rights to restrict your access to the services outlined in section 7,we may cancel your membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months

9.2.        We may freeze your membership at any time (we will not charge you monthly membership fees while your membership is frozen) or cancel your membership without giving you notice, if:[ST38] [o39] 

9.2.1.          You seriously or repeatedly break the conditions of your membership; or

9.2.2.          You allow another person to use your membership details to gain access to any of our services (unless you have notified us in writing in advance that your membership card has been lost or stolen); or

9.2.3.          If you and/or any children linked to your membership (taking into account their relevant age and actions) use offensive, abusive or discriminatory language or use or threaten violent, offensive or intimidating behaviour or conduct at any of our centres, or if your behaviour or conduct does or, in our reasonable opinion may, put our employees and/or other members at risk.[o40] 

9.3.        If we cancel your membership under section 9.1 or 9.2, you will be prohibited from applying from future membership.

9.4.        If we receive official notice (for example, from the executors of your Will or from your bank) that you have died, we will immediately cancel your membership and refund any fees you have paid for the remaining membership commitment period.[o41] 

10. Our right to change your membership, these terms and conditions or the terms of centre use.

10.1.     We may, at any time, withdraw and/or substitute a type of membership or a payment option for new members or members who want to change, restart or renew their membership or payment option.

10.2.     From time to time we may change our annual membership fees. We will tell you about any change that may apply to you in advance of your membership renewal, however such change will only apply to you upon renewal.

10.3. We may, without notice to you, make reasonable changes to these terms and conditions if the changes are for the benefit of the majority of our members.[o42] 

10.4.     When we make changes that may affect you, we will give you notice of the changes we plan to make by displaying the changes at the  centre for one full calendar month. If you are not happy with the changes, you can cancel as explained in section 8 of[o43]  these terms and conditions.[ST44] 

11. Restarting your membership after cancellation by you

11.1.     Where you have canceled your membership, you may restart your membership again at any time. To do so, you will need to sign a new agreement and set up a new monthly payment with us.

11.2.     You will not be able to restart your membership until you have paid all amounts you owe us for your previous membership (if any), and we can refuse to let you restart your membership again until you have done so.

11.3.     If your membership was canceled by us due to reasons in section 9, you will not be able to restart your membership with us.

12. Events beyond our reasonable control

12.1.     If we cannot provide all the services for 30 consecutive days or more, or services and facilities are significantly reduced for 30 consecutive days or more, for reasons or events beyond our reasonable control (“Force Majeure”), you or we can cancel your agreement immediately by written notice.

12.2.     Force Majeure includes reasons or events beyond our reasonable control, for example, but are not limited to natural disasters, government actions, war, national or regional emergency, acts of terrorism, protests, riot, fire, explosion, flood,  new pandemics, epidemic and strikes or other labour disputes (not relating to our workforce).

13. Transferring your agreement

13.1.     We may need to transfer (assign) all or part of your agreement to another company. We can do this as long as your rights under the agreement are not adversely affected or materially reduced.

13.2. You shall have no right to assign the membership without our written consent.[o45] 

14. Your contact details

14.1.     We will send all letters, emails, communications and information to the address and other contact details you have given us on your membership agreement form. You must keep us up to date with any changes to your address or other details by filling your details online or in an administration form at the Clinic.

14.2.     If at any point we find that you have provided us with an incorrect name, address or other details which are not your own, we may cancel your membership and prevent you from joining it.

15. Children and Memberships

15.1. Depending on the type of membership you purchase you  may want to add children to your membership (i.e. for One Child, My Children, or My Family). We refer to this as ‘linking’ them to your membership. All children who join through such accounts must be linked to someone aged 18 or over, with parental responsibility.[o46]

16. Our Services [ST49] 

16.1. Certain functions of our services are performed by a Healthcare Professional who are independent contractors of Clinique de la Brisee, and are not our employees. [o50] 

16.2. Where our services include any engagement between you and a Healthcare Professional, including the provision of any advice, consultation, therapy, treatment, operation [ST51] (or similar health related service), you will have a direct (patient) relationship that Healthcare Professional, and the Clinic. [o52] 

16.3.     We therefore only act in a facilitation and coordination role to make these Healthcare Professionals available to you, and you accept that the Healthcare Professional is not acting under our control and instruction for any aspect of the services they are delivering to you.

17. Liability

17.1.     Clinique de la Brisee cannot guarantee that all the services are available at all times due to maintenance or staffing issues at the centre, or any availability issues with our website or other platforms (i.e. online clinic). We will not be liable to pay you compensation for services being unavailable unless this was due to or caused by our gross negligence.

17.2.     By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our gross negligence or failure to comply with applicable law.

17.3.     We will not pay you compensation if we have failed to carry out our duties due to:

17.3.1.      Your own fault;

17.3.2.      The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or[ST53] [o54] 

17.3.3.      Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.

18.4.     Subject only to section 18.5, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% [ST55] [o56] of the total amount paid by you for your membership and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.

18.5. Nothing in these terms and conditions excludes or limits our liability for:

18.5.1.      Death or personal injury caused by our negligence or that of our staff; or

18.5.2.      Fraud or fraudulent misrepresentation; or

18.5.3.      Any other liability which we cannot by law exclude or limit.

19. Data protection

19.1.     We will only process personal information you give us in accordance with the applicable data protection laws and the Clinique de la Brisee Privacy Policy. You can see our full privacy policy on our website at https://cliniquedelabrisee.com/privacy-policy. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it.

19.2.     We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.

19.3.     It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.

20. Jurisdiction

20.1.     Your membership with us is governed by the laws of Belgium. You agree that all disputes relating to your membership and or our agreement with you which we are unable to resolve between us will be subject to the exclusive jurisdiction of the Belgian court.