HSK Flow terms of use – English version

These Terms of Use apply to the use of the Services and the use of HSK Flow as defined below. We ask you to agree to the Terms of Use when you create an Account or log in. Please read these Terms of Use carefully.

  1. Definitions

In these Terms of Use, the following terms, when written with a capital letter, have the meanings set out below. These terms may be used in both the singular and plural:

Account: the personal profile of the User that the User must create in order to use the Services;

Coach: the applied psychologist and/or psychologist employed by and/or engaged by HSK Bedrijfszorg B.V. for the benefit of the User during a Coach Appointment and/or chat contact;

Coach Appointment: an online video consultation with a Coach;

Services: the services that HSK Bedrijfszorg B.V. offers to the User within HSK Flow, including but not limited to:
a. access to HSK Flow;
b. access to Mindspaces;
c. access to webinars;
d. the Mental Fit Check;
e. the option to keep a diary;
f. the option to use chat contact; and
g. depending on the package chosen by the Employer, either free of charge or subject to separate payment by the Employer, the offering and provision of Coach Appointments;

User: the natural person whose Employer has entered into a service agreement with HSK Bedrijfszorg B.V. on the basis of which the User can use the Services, and who has created an Account and/or uses the Services;

Terms of Use: these terms of use of HSK Bedrijfszorg B.V., available at https://hsk.nl/hsk-flow/;

Intellectual Property Rights: all intellectual property rights, including copyrights, trademark rights, patent rights, trade name rights, database rights and neighbouring rights, as well as related rights such as rights relating to know-how and domain names;

Mental Fit Check: a test that the User can complete in HSK Flow to gain insight into their mental wellbeing;

Mindspaces: videos, articles and modules relating to mental wellbeing and lifestyle;

HSK: HSK Bedrijfszorg B.V., with its registered office at Steijnlaan 12, 1217 JS Hilversum, the Netherlands, registered with the Dutch Chamber of Commerce under number 70475849;

HSK Flow: the portal of HSK Bedrijfszorg B.V. where the User can access the Services;

Employer: the User’s employer that has entered into a service agreement with HSK Bedrijfszorg B.V. on the basis of which the User can use the Services;

Privacy Statement: HSK’s privacy policy, available on the Website at https://HSK.app/privacy.

  1. Applicability of the Terms of Use

2.1. These Terms of Use apply to the use of the Services, including the User’s use of HSK Flow.

2.2. HSK Bedrijfszorg B.V. expressly rejects the applicability of any terms of use, purchasing conditions and/or other general terms and conditions of the User.

  1. Services
  2. HSK Flow and Account

3.1. The User may register for an Account. To do so, the User must be at least 16 years old.

3.2. Login is possible using a username and password. For additional security, HSK Bedrijfszorg B.V. may offer the User the option to enable two-factor authentication, using SMS as the authentication method.

3.3. After registration, the User has access to HSK Flow.

  1. Mindspaces

3.4. Mindspaces contain content such as videos, articles and modules relating to mental wellbeing and lifestyle. The User may access and review this content independently.

III. Webinars

3.5. The User may register for webinars announced in HSK Flow.

3.6. After registration for a webinar, the User’s email address will be shared with the party through which the webinar is hosted. That party will handle communication about the webinar and provide the User with an access link.

  1. Mental Fit Check

3.7. The User may complete a Mental Fit Check in HSK Flow to gain insight into their mental wellbeing. The Mental Fit Check is a questionnaire relating to mental wellbeing, including questions about energy, motivation and resilience. After completing the questionnaire, the User receives concrete suggestions for Mindspaces based on their personal situation. The User may complete the Mental Fit Check multiple times.

  1. Keeping a Diary

3.8. The User has the option to keep a diary in HSK Flow, for example in relation to their mental wellbeing.

  1. Coach Appointment

3.9. The User may book a Coach Appointment online in HSK Flow.

3.10. A Coach Appointment is free of charge for the User if the Employer has purchased the required package from HSK Bedrijfszorg B.V. If not, each Coach Appointment will be invoiced to the Employer.

3.11. During a Coach Appointment, the User is guided by a Coach with the aim of strengthening mental wellbeing and improving lifestyle. Coach Appointments are offered in various languages, including Dutch and English. Depending on the User’s needs, both personal and professional topics may be discussed during a Coach Appointment.

3.12. The User may select the desired time slot. A Coach Appointment lasts 25 minutes.

3.13. The User may cancel or reschedule booked Coach Appointments in HSK Flow. The User must do so no later than 24 hours before the start of the Coach Appointment. If the User reschedules or cancels the appointment within 24 hours before the appointment, this will be considered a no-show.

3.14. A User may book a maximum of three Coach Appointments.

3.15. If the Coach concludes that a different approach would be better for the User, for example because contact with the User shows that the Services offered by HSK Bedrijfszorg B.V. are no longer suitable for the User’s coaching questions, because the User needs more sessions than the maximum number of sessions offered within HSK Flow, and/or because, in the Coach’s opinion, there is reason to advise the User to consult a mental healthcare provider, the Coach may cancel any Coach Appointments that are still scheduled. The Coach will explain to the User why this decision has been made.

VII. Chat Contact

3.16. The User may use the chat function. This is available on working days between 09:00 and 17:00. If a User sends a chat message in the evening or during the weekend, this will be responded to on the next working day.

  1. HSK Flow is a platform for mental vitality and lifestyle, not a healthcare provider

4.1. HSK Flow is a platform for mental vitality and lifestyle for employees. It may be used for wellbeing coaching, vitality support and/or support in the prevention of absenteeism. Mental vitality is important in preventing absenteeism. With regard to the Services, HSK Bedrijfszorg B.V. and/or HSK Flow are not healthcare providers within the meaning of the Dutch Healthcare Quality, Complaints and Disputes Act (“Wkkgz”). HSK therefore does not offer services such as psychological care, medical treatment or psychotherapeutic treatment, nor does it replace such services. A Service may be used as a supplement to such services, but not as a replacement.

  1. Use of the Services

The information and advice that the User receives through the use of the Services are always non-binding. The use of such information and advice is at the User’s own expense and risk. HSK Bedrijfszorg B.V. is not responsible and/or liable for any action taken or not taken by the User as a result of using the Services. HSK Bedrijfszorg B.V. does not guarantee any specific result from the use of the Services and/or the goals the User may wish to achieve.

  1. Rules of Conduct when using the Services

6.1. The User may only use the Services personally and for private purposes. Any other form of use, including commercial or business use, is prohibited.

6.2. The User may not misuse the Services. Misuse includes, in any event, the following:

  1. making indecent proposals, distributing offensive or indecent information, or threatening a Coach;
    b. repeatedly failing to attend a Coach Appointment;
    c. publishing undesirable and/or offensive content in HSK Flow and/or in chats;
    d. displaying aggressive or otherwise inappropriate behaviour towards a Coach and/or in chats;
    e. commercial or business use of the Services, or transferring the use of the Services to third parties;
    f. booking more Coach Appointments than the permitted maximum number;
    g. booking Coach Appointments for topics that fall outside the scope of the services provided by HSK Bedrijfszorg B.V. as described in these Terms of Use;
    h. intentionally providing false information, for example when creating an Account or booking a Coach Appointment.

6.3. Only the User may log in using the username and password and use the email address provided by the User. The User is obliged to keep the login details for the Account confidential and not disclose them to third parties. Transferring the option to use the Account and/or the Services to third parties is not permitted.

  1. Costs

The User’s Employer has entered into a service agreement with HSK on the basis of which the User may use the Services for the duration of that service agreement. Depending on the package chosen by the Employer, the Employer pays separately for Coach Sessions. See article 3.10 of these Terms of Use in this regard.

  1. Complaints

8.1. In the event of a complaint, the User may first discuss this with the relevant Coach.

8.2. If this is not possible, has not led to a satisfactory result and/or the User does not feel comfortable discussing the complaint with the Coach, the User may contact HSK Bedrijfszorg B.V. via https://hsk.nl/klachten-en-complimenten/. HSK Bedrijfszorg B.V. will respond substantively as soon as possible, but in any event within 30 days after receipt of the complaint, unless this is not reasonably possible. In that case, HSK Bedrijfszorg B.V. will inform the User within that period, stating the reasons, of the date by which the substantive response will be provided.

8.3. Complaints are always treated confidentially by HSK Bedrijfszorg B.V.

  1. Liability

The liability of HSK Bedrijfszorg B.V. for any damage and/or personal injury suffered by the User as a result of the User’s use of the Services, including the use of HSK Flow, for which HSK is legally obliged to pay compensation, is limited to the amount paid out in the relevant case under the liability insurance of HSK Bedrijfszorg B.V., plus the amount of the deductible that, according to the terms of that liability insurance, is not borne by the insurer, unless the damage and/or injury is the direct result of intent or gross negligence on the part of HSK Bedrijfszorg B.V.

  1. Availability and engagement of third parties

10.1. HSK Bedrijfszorg B.V. aims to provide Users with the desired Services within one working day after registration.

10.2. HSK Bedrijfszorg B.V. makes every effort to ensure that the Services and HSK Flow function properly and remain available. However, from a technical perspective, it is not possible to guarantee full or uninterrupted functionality and/or availability at all times. For that reason, HSK Bedrijfszorg B.V. cannot guarantee problem-free operation or specific availability. This applies, for example, during scheduled or urgent maintenance, during periods of unavailability due to circumstances beyond the control of HSK Bedrijfszorg B.V., and/or during periods of unavailability caused by the User. HSK is in no way liable for HSK Flow not functioning or not being available, whether fully or partially.

10.3. HSK Bedrijfszorg B.V. is permitted to engage third parties in the performance of the Services or parts thereof.

  1. Termination

11.1. The Account is available and the Services are offered to the User, and these Terms of Use apply, for the duration of the service agreement entered into between HSK Bedrijfszorg B.V. and the User’s Employer. The Account, and therefore the provision of Services to the User as well as the applicability of the Terms of Use, will automatically terminate when:

  1. the service agreement between HSK Bedrijfszorg B.V. and the User’s Employer ends;
  2. the User is no longer employed by that Employer; or
  3. the Account has not been used for one year or more.

Once the Account and the Services have ended, the Account will no longer be accessible to the User.

11.2. The User may close their Account at any time, and thereby terminate the use of the Services and these Terms of Use, without giving reasons. The User may have the Account and all stored data deleted by sending an email to flowsupport@HSK.nl.

11.3. If the User acts in breach of article 6, Rules of Conduct when using the Services, or any other articles of these Terms of Use, HSK Bedrijfszorg B.V. may close the Account after the User has received one written warning regarding the breach and subsequently acts in breach of these Terms of Use again, unless the User can demonstrate that no breach has occurred. In the event of conduct in breach of article 6.2, under a, c and d, HSK Bedrijfszorg B.V. may close the Account immediately and without written warning.

11.4. HSK Bedrijfszorg B.V. will under no circumstances be obliged to pay compensation to the User as a result of closing an Account, and thereby terminating the Services.

11.5. All provisions of the Terms of Use that are intended to remain in force after the closure of the User’s Account, and thereby after termination of the Services and the Terms of Use, including but not limited to the provisions relating to Confidentiality and Intellectual Property Rights, will remain fully in force after termination of the Terms of Use.

  1. Force majeure

In the event of force majeure, there can never be an attributable failure in the performance of the Services by HSK Bedrijfszorg B.V. Force majeure includes, among other things, illness and/or absence of employees or engaged third parties who are essential to the provision of the Services, strikes, riots, fire, disruptions in the electricity supply, disruptions in internet connections, hardware failures, disruptions in telecommunications networks, natural disasters, flooding, failures by suppliers of HSK Bedrijfszorg B.V., failures by other Users, epidemics, pandemics, government measures and all other external causes over which HSK Bedrijfszorg B.V. has no influence.

  1. Privacy

HSK Bedrijfszorg B.V. processes personal data for the registration of the Account and in connection with the use of the Services. These personal data will be processed in accordance with applicable laws and regulations, including the General Data Protection Regulation and the Privacy Statement.

  1. Confidentiality

The information that the User shares with the Coach is confidential at all times. HSK Bedrijfszorg B.V. does not share information provided by the User with the User’s Employer or other third parties, unless otherwise stated in the Privacy Statement.

  1. Intellectual property

All Intellectual Property Rights relating to the Services, including HSK Flow, belong to HSK Bedrijfszorg B.V. or third parties. These Terms of Use do not transfer to the User any Intellectual Property Rights used by HSK Bedrijfszorg B.V. in the context of the Services. Nor may the Terms of Use be interpreted as implicit or explicit permission from HSK Bedrijfszorg B.V. for the User to use the Intellectual Property Rights in any way other than for the use of the Services. The User is not permitted to directly or indirectly disclose, reproduce or otherwise use the Intellectual Property Rights, or to make use of them in any related manner, except with the explicit prior written consent of HSK Bedrijfszorg B.V.

  1. Final provisions

16.1. HSK Bedrijfszorg B.V. may amend and/or supplement these Terms of Use at any time. The User will be informed of any amendment to the Terms of Use. The most current Terms of Use can be found at https://hsk.nl/hsk-flow/. If the User does not agree to the amended and/or supplemented Terms of Use, the User will no longer have access to their Account and will therefore no longer be able to use the Services.

16.2. These Terms of Use have been drafted in Dutch. Translations of these Terms of Use are intended for information purposes only. In the event of any difference in content, meaning or interpretation, the Dutch version will prevail.

16.3. If any article of these Terms of Use is null and void or is annulled, the remaining provisions of the Terms of Use will remain in full force. HSK Bedrijfszorg B.V. will then amend the invalid or annulled provision in such a way that the intentions of HSK Bedrijfszorg B.V. with these Terms of Use are preserved as closely as possible.

16.4. The Services, the Terms of Use and all disputes arising from them are governed exclusively by Dutch law.

16.5. All disputes relating to the Services and the Terms of Use will be submitted to the competent Dutch court.