These general terms and conditions apply to the use of the platform of Menkind B.V. and to the services and products offered through this platform.

Article 1 - Definitions

In these Terms and Conditions, the following shall be understood as:

Menkind
Menkind B.V., having its registered office in the Netherlands and registered with the Chamber of Commerce under number 98214616, with website www.menkind.co and email address support@menkind.co.

Platform
The digital environment operated by Menkind, including the website and any applications, where users can obtain information, request medical consultations, and order products.

User
The natural person who uses the Platform, including individuals who request a consultation, place an order, or subscribe through the Platform.

Services
All services offered through the Platform, including providing health information, facilitating medical consultations with Healthcare Providers, enabling treatments, facilitating the delivery of medications through a Partner Pharmacy, and offering self-care products.

Healthcare Provider
The independently working physician registered in the Dutch BIG register with whom the User is contacted via the Platform for conducting medical consultations and, if medically justified, prescribing medications.

Consultation
A medical assessment that takes place via the Platform based on information provided by the User.

Partner Pharmacy
The pharmacy responsible for pharmaceutical care and the provision of medications based on a prescription.

For the Menkind Platform, this is:

ApotheekZorg
Rond Deel 12
5531 AH Bladel
Chamber of Commerce number: 17128523

Responsible pharmacist:
Mr. M.J.G. Pijnenburg (BIG number: 19061567517)

Medications
Medications as referred to in the Medicines Act that are available only by prescription.

Self-care products
Products that are available without a prescription.

Treatment plan
A treatment intended for a specific medical indication offered through the Platform.

Subscription
An ongoing service whereby a User periodically gains access to services, consultations, or products for a recurring payment.

Article 2 - Applicability

2.1 These general terms and conditions apply to the use of the Platform and to all services and products offered through the Platform.

2.2 By using the Platform, the User confirms that they have read and accepted these Terms and Conditions.

2.3 If a User does not agree with these terms, they should not use the Platform.

2.4 Menkind reserves the right to change these terms from time to time. The most current version will be published on the Platform.

2.5 If a provision proves to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Article 3 - Use of the Platform

3.1 Menkind operates a digital health platform aimed at men's health.

3.2 Through the Platform, Users can obtain information about treatments, request medical consultations with a Healthcare Provider, and, if medically appropriate, gain access to medications through the Partner Pharmacy and, if applicable, order self-care products.

3.3 The services offered via the Platform are intended solely for men aged eighteen and older.

3.4 To request a consultation, start a treatment plan, place an order, or take out a subscription, the User must create an account and be logged in. The User is obliged to provide accurate, complete, and up-to-date information.

3.5 The User is responsible for maintaining the confidentiality of their account details.

3.6 It is not permitted to use the Platform for fraudulent purposes, commercial activities without permission, or ordering products for others.

3.7 Menkind may refuse, limit, or terminate access to the Platform if abuse is detected or if there are reasonable doubts about the accuracy of the provided information.

3.8 Menkind does not provide medical or pharmaceutical care itself.

3.9 Menkind's role is to facilitate the digital infrastructure that enables communication between Users, Healthcare Providers, and the Partner Pharmacy.

3.10 Menkind reserves the right to change or discontinue services, treatment plans, or parts of the Platform if this is necessary for operational, medical, or legal reasons.

3.11 The User acknowledges that the costs of consultations, treatments, and medications through the Platform are not reimbursed by the User’s health insurer. The User hereby expressly waives the right to reimbursement from their health insurer for services rendered and medications provided via the Platform.

3.12 Menkind may request identity verification in connection with the provision of the services. If the User does not cooperate, Menkind reserves the right to suspend or refuse the service. In that case, the User is entitled to a refund of the amount paid, excluding costs for an already conducted consultation.

Article 4 - Online Consultations and Limitations

4.1 Consultations via the Platform are conducted digitally based on information provided by the User through medical questionnaires, digital communication, (video) calls, or other digital means.

4.2 Based on this information, a Healthcare Provider can assess whether a treatment via the Platform is suitable.

4.3 A Healthcare Provider may determine that additional information is needed or that a treatment is not suitable.

4.4 Requesting a consultation or treatment via the Platform does not entitle the User to receive a prescription, treatment, or medical services.

4.5 The Platform is not intended for urgent medical situations.

4.6 Users should not use the Platform when immediate medical assistance is necessary.

Article 5 - Medical Information and Results

5.1 The User is responsible for providing complete, accurate, and up-to-date medical information.

5.2 Incorrect or incomplete information may affect the safety and suitability of a treatment.

5.3 Menkind and the involved Healthcare Providers shall not be liable for any consequences arising from incorrect or incomplete information provided by the User.

5.4 Results of medical treatments may vary from person to person.

5.5 Menkind and the Healthcare Providers do not guarantee that a treatment will yield a specific result.

5.6 It is the User's responsibility to inform their own general practitioner about any medications or treatments prescribed via the Platform.

5.7 The User is obliged to report any relevant changes in their health status, medication use, or medical circumstances in a timely manner via the Platform or during a consultation with a Healthcare Provider.

5.8 If a User experiences side effects from a prescribed medication or treatment, they must contact a Healthcare Provider via the Platform or their own general practitioner as soon as possible.

Article 6 - Medical Consultations and Healthcare Providers

6.1 Medical consultations are conducted by independent Healthcare Providers.

6.2 When a User requests a consultation, a treatment agreement may come into existence between the User and the respective Healthcare Provider.

6.3 The Healthcare Provider is responsible for the medical assessment and any treatment.

6.4 The Healthcare Provider independently decides whether to start a treatment and whether to prescribe a medication.

6.5 A User's choice of a particular treatment or product via the Platform constitutes only a non-binding preference. The final decision on the prescription of a medication lies solely with the Healthcare Provider.

6.6 A Healthcare Provider may, if deemed medically justified, prescribe medications for off-label use or medications that must be prepared by a pharmacy, in accordance with applicable medical and legal guidelines.

Article 7 - Medications and Products

7.1 If a medication is prescribed, it may be provided by the Partner Pharmacy.

7.2 The provision of medications falls under the responsibility of the Partner Pharmacy.

7.3 When a User orders a medication via the Platform, the purchase agreement is concluded between the User and the Partner Pharmacy.

7.4 Medications are intended solely for personal use by the User to whom the prescription is issued.

7.5 It is not permitted to resell medications or provide them to third parties.

7.6 Self-care products may also be offered via the Platform.

7.7 Upon purchase of self-care products, the purchase agreement is concluded between the User and Menkind.

Article 8 - Orders and Subscriptions

8.1 Through the Platform, Users can request a treatment plan and, if applicable, order products, either as a one-time order or as part of a subscription.

8.2 During the application process, the User may indicate a preference for a specific product, medication, or treatment plan. This choice constitutes only a non-binding preference.

8.3 After the User has completed the application process, including payment and any identity verification, the application will be submitted for review to a Healthcare Provider.

8.4 If a Healthcare Provider decides that a treatment is medically appropriate, a prescription may be issued. In that case, the prescribed medication may be provided by the Partner Pharmacy.

8.5 When a medication is provided by the Partner Pharmacy, the purchase agreement for that medication is established between the User and the Partner Pharmacy. For self-care products, the purchase agreement is established between the User and Menkind after the order has been accepted by Menkind.

8.6 Menkind or the Partner Pharmacy reserves the right to refuse an order or delivery or impose additional conditions on the fulfilment of the order. The Partner Pharmacy may refuse an order if deemed necessary based on pharmaceutical or medical evaluation, for example, due to medication monitoring or checking medication use via available medical systems. Additionally, an order may be refused if there is an obvious error in pricing, product information, or availability, or if execution of the order is not reasonably possible.

8.7 Treatment plans and services offered via the Platform may be provided on a subscription basis.

8.8 If a User subscribes, a new agreement is concluded for each subscription period under which the User agrees to pay the subscription fee and Menkind agrees to supply the relevant services or products.

8.9 The subscription is renewed for a new subscription period unless the User cancels the subscription before the next subscription period.

8.10 Cancellation may occur via personal environment or customer service.

8.11 Menkind reserves the right to adjust subscription rates from time to time. If a price change occurs, the User will be informed in advance. In that case, the User has the right to terminate the subscription before the effective date of the price change.

Article 9 - Delivery and Returns

9.1 Medications and self-care products are shipped by (the logistics partners of) the Partner Pharmacy.

9.2 Delivery takes place at the address provided by the User.

9.3 Stated delivery times are indicative.

9.4 The risk of the products passes to the User at the moment of delivery.

9.5 Medications cannot be returned for health and safety reasons.

9.6 For purchases of self-care products, a statutory right of withdrawal of fourteen (14) days may apply in accordance with applicable consumer legislation. This right applies from the moment of receipt of the product, provided the product is returned unopened and in its original condition.

9.7 The User has the right to withdraw from the agreement for a consultation or treatment plan within 14 days after conclusion of the agreement without stating reasons, unless the execution of the consultation has already begun with the express consent of the User before the end of the withdrawal period. In that case, the right of withdrawal expires. The User exercises this right of withdrawal by sending an email to support@menkind.co within the withdrawal period stating that they wish to withdraw from the agreement. Menkind confirms receipt of this and will process any refund within 14 days.

Article 10 - Refunds

10.1 If a Healthcare Provider, based on the medical assessment, decides that a User does not qualify for treatment, Menkind will refund the amount paid, excluding any consultation fees if the consultation has already taken place.

10.2 If a prescribed medication is not available or cannot be delivered by the Partner Pharmacy, Menkind will refund the payment for the undelivered product.

10.3 Refunds will generally be processed via the same payment method as the original payment, unless otherwise agreed.

Article 11 - Payments

11.1 Payments may be made via the payment methods offered on the Platform. Payments are processed via an external payment provider, including Stripe, in accordance with the terms and privacy policy of this provider.

11.2 Payments for medications are processed by Menkind on behalf of the Partner Pharmacy.

11.3 If a payment cannot be processed, an order may be canceled or a subscription canceled.

11.4 All prices displayed on the Platform are inclusive of VAT, unless expressly stated otherwise.

11.5 In case of non-payment or late payment, the User shall be in default by operation of law and owes statutory interest on the outstanding amount. If Menkind assigns the claim for collection, the extrajudicial collection costs shall be borne by the User.

11.6 The User is not permitted to offset a claim against Menkind with a payment obligation towards Menkind.

Article 12 - Discounts and Promotion Codes

12.1 Menkind may occasionally offer discounts or promotion codes for certain services or products.

12.2 Promotion codes are valid only during the specified period and under the terms mentioned in the respective promotion.

12.3 A promotion code may generally be used only once per user unless explicitly stated otherwise.

12.4 Promotion codes are personal, non-transferable, and may not be resold.

12.5 The use of a promotion code does not guarantee that a User will qualify for a particular treatment or receive prescribed medication.

Article 13 - Liability

13.1 Menkind makes reasonable efforts to manage the Platform with due care.

13.2 Menkind is not responsible for medical decisions made by Healthcare Providers.

13.3 The medical treatment of Users is the responsibility of the respective Healthcare Provider.

13.4 The provision of medications is the responsibility of the Partner Pharmacy.

13.5 To the extent permitted by law, Menkind's liability is limited to the amount paid by the User for the respective service or order.

13.6 Menkind is not liable for indirect damages.

13.7 The User indemnifies Menkind, its directors, employees, and partners against claims from third parties arising from the User's failure to comply with these general terms and conditions or from providing incorrect or incomplete information via the Platform.

13.8 Menkind is not liable for the content of third-party websites to which references are made via the Platform. Consulting such websites is entirely at the User's own risk.

Article 14 - Privacy and Cookies

14.1 When using the Platform, personal data may be processed.

14.2 Menkind processes personal data in accordance with the General Data Protection Regulation (GDPR).

14.3 Personal data may be shared with Healthcare Providers and the Partner Pharmacy to the extent necessary for the provision of services.

14.4 More information about the processing of personal data is included in Menkind's privacy statement.

14.5 The Platform may use cookies to enhance the functioning of the Platform and to analyze its use. More information about this can be found in the cookie preferences.

Article 15 - Complaints

15.1 If a User has a complaint about a service or product offered through the Platform, they may file a complaint with Menkind.

15.2 Complaints can be submitted viasupport@menkind.co.

15.3 More information about the complaints procedure can be found on the complaints page on the Platform.

Article 16 - Force Majeure and Third Party Services

16.1 Menkind is not liable for the failure to perform its obligations if this is the result of circumstances beyond its reasonable control.

16.2 This includes, among other things, technical failures, network problems, logistical disruptions, failures at payment providers, or governmental measures.

16.3 To provide the services via the Platform, Menkind uses third parties, including Healthcare Providers, Partner Pharmacies, logistics partners, and payment providers.

16.4 These parties perform their services under their own responsibility.

Article 17 - Applicable Law and Disputes

17.1 These Terms and Conditions shall be governed by Dutch law.

17.2 Disputes arising from or relating to these terms shall be submitted to the competent court in Amsterdam.

Article 18 - Final Provisions

18.1 If a provision of these general terms and conditions proves to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.2 In such a case, the parties shall consult to establish a replacement provision that closely aligns with the intent of the original provision.

18.3 Menkind is entitled to transfer rights and obligations from this agreement to a third party, for example, in the event of a merger or acquisition. The User may not assign or transfer its rights and obligations under this agreement without prior written consent from Menkind.

18.4 These general terms and conditions take effect on the date specified at the top of this document.