Conditions

These terms of use were last modified on 03-06-2020.

MINDD B.V. established in Apeldoorn and registered with the Chamber of Commerce under file number 55280021, hereinafter referred to as “MINDD”, offers you the Service “Do I need to go to the doctor?”. “Do I need to go to the doctor?” can be used via the website www.moetiknaardedokter.nl and the Android and iOS versions via your mobile device.

“Do I need to go to the doctor?” is intended for the following cases: Everyone sometimes doubts whether a visit to the doctor is necessary. People often err on the side of caution and call or go anyway. With the help of “Do I need to go to the doctor?” people can judge for themselves whether and when it is necessary to consult a doctor. “Do I need to go to the doctor?” indicates what you can do yourself to relieve the symptoms and in which cases you should still call the doctor.

The advice generated, which is based on information provided by you, cannot replace personal triage by the general practitioner or the doctor’s assistant. So when in doubt, always call your doctor.

When using “Do I need to see a doctor?” the conditions below apply. If you have any questions about the use of “Should I See a Doctor?” or these Terms of Use, please contact MINDD. Our contact details can be found at the bottom of these Terms of Use. You can also contact us via the contact form under “Contact” on the Website or via the “report it to us” button in the App under the “information” tab.

Please note, if you have any questions about the outcome of the triage via “Do I need to go to the doctor?” or about whether you should go to the doctor, you should contact your GP or the out-of-hours GP service.

1. DEFINITIONS

The capitalized terms in the Terms of Use shall have the following meanings:

App: use the “Do I need to go to the doctor” application on your mobile device with an iOS or Android operating system.
Data: all data stored by You on the systems used for the provision of the Service or results generated by You through the Service.
Service(s): the “Do I need to go to the doctor?” service that MINDD will provide on your behalf, consisting of offering support in choosing whether someone should go to the doctor or whether someone can already do something about the complaints themselves. The Service can be consulted via the App or the Website.
You: you, a natural or legal person whether or not acting in the course of a profession or business, and the person who uses the App.
Terms of use: these terms and conditions.
Intellectual Property Rights: the rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, as well as rights to know-how. 2/5
Party(ies): MINDD and you together or separately.
In writing: in the Terms of Use, written communication also includes communication by e-mail, provided that the identity of the sender and the integrity of the message are sufficiently established.
Website: the website of MINDD, accessible via www.moetiknaardedokter.nl, or associated subdomains.

2. FORMATION AND APPLICABILITY

By using the Service, You are entering into an agreement with MINDD.
The Terms of Use apply to this agreement and to any use of the Service.
The Terms of Use are an integral part of the agreement.
The Terms of Use enter into force upon use of the Service and shall remain in force for at least the duration of the agreement.

3. RIGHT OF USE

MINDD hereby grants to You a personal, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service for the duration of the agreement to use the Service in accordance with the Terms of Use.
You do not have the right to access the source files of the App, unless permitted by mandatory law. It is expressly forbidden to retrieve these source files by reverse engineering, decompilation or otherwise.
The purpose of the Service is to provide a service related to human health, namely to support the choice of whether someone should go to the doctor and whether someone can already do something about the complaints.
In addition to the terms and conditions, Apple’s App store and Google’s Play store may impose conditions on obtaining the App, using it, and related matters.
Please refer to the Terms of Use and Privacy Statement of Apple’s App Store, Google Play, and any applicable terms and conditions on the website of the respective provider.

4. MISUSE OF THE SERVICE

You are prohibited from violating the law or infringing the rights of others using the Service.
If, in the opinion of MINDD, hindrance, damage or any other danger arises for the functioning of the Service and more specifically the App, the Website or related computer systems or networks, in particular due to excessive sending of e-mail or other data, poorly secured systems or activities of viruses, Trojans or similar software, MINDD is entitled to take all measures it reasonably deems necessary to avert or prevent this danger from occurring. prevent.
MINDD is entitled, to the extent that MINDD has access to it, to disclose identifying information about You to a third party who complains about Your infringement of its rights or these Terms of Use, provided that:
1. it is sufficiently plausible that the infringement, taken in isolation, is unlawful and harmful vis-à-vis the third party;
2. the third party has a vested interest in obtaining the data;
3. it is plausible that there is no less intrusive possibility of retrieving the data in the specific case; and
4. The balancing of the interests involved means that the interest of the third party should prevail.

5. INTELLECTUAL PROPERTY

All rights to the Service, the accompanying software, as well as all information, modifications, extensions and images, are and remain the property of MINDD or its licensors. You only acquire the rights of use and authority arising from the purport of the Terms of Use or that are granted in Writing and otherwise You may not use, reproduce or publish the Service.
Data that You store or process via the Service is and remains the property of You. Control over the Data is therefore vested in You at all times. MINDD has a right to use this information for the Service, including future aspects thereof.
If You send information to MINDD, for example feedback about an error or a suggestion for improvement, You grant MINDD an unlimited and perpetual right to use this information. This does not apply to information that you expressly lack as confidential.

6. CONSIDERATION

No fee is payable to MINDD for the use of the Service.

7. PRIVACY AND MEDICAL DATA

Insofar as personal data is processed by MINDD in the performance of its Services, MINDD will take into account the requirements of the privacy legislation when processing it. Information about how MINDD handles your personal data can be found in the privacy and cookie statement that can be found on the Website.
If You provide feedback about the Service, You are not supposed to include any medical information. MINDD wants to respect your privacy as much as possible and process as little personal data about you as possible and does not process any of your medical personal data. For this reason, too, if you have any questions about the outcome of the triage via the Service or about whether you need to go to the doctor, you should contact your GP or the out-of-hours GP service.

8. AVAILABILITY, MAINTENANCE AND UPDATES

MINDD will use reasonable efforts to ensure that the Service is available and provides updates in a timely manner, but does not guarantee uninterrupted availability to the extent that this is already within its control.
MINDD releases updates from time to time that may fix errors or improve the functioning of the Service. Updates will be made automatically on the Website. Updates to the App will be announced in the Apple App store or Google Play store. MINDD is not responsible for the timely and proper implementation of updates. MINDD accepts no liability for damage resulting from defects or errors caused by an uninstalled update.
An update may impose conditions that differ from those provided in these Terms of Use. This will always be notified in advance and you will then have the opportunity to refuse the deviating conditions. In the event of refusal, the agreement between You and MINDD will lapse. By using such an update, you agree to the different terms and conditions, which will then form part of the agreement.
To the extent that parts of the Service run on MINDD and not on your mobile device, MINDD has the right to temporarily suspend the Service or parts thereof for the purpose of maintenance, modifications or improvements. MINDD will endeavor to plan for such decommissioning to the greatest extent possible when usage of the Service is as low as possible and endeavor to notify You of any planned retirement in a timely manner. However, MINDD is never obliged to pay compensation for damage caused by such decommissioning.

9. SUPPORT

You are solely responsible for your use of the Service.
MINDD does not provide any support for the use of the Service. However, you can ask questions via the contact form under “Contact” on the Website, via the button “report it to us” in the App under the tab “information” or via our contact details, which can be found at the bottom of the Terms of Use. MINDD will endeavor to respond to the inquiries within a reasonable period of time. Please note, if you have any questions about the outcome of the triage via the Service or about whether you need to go to the doctor, you should contact your GP or the out-of-hours GP service.
MINDD takes complaints and reports regarding the Service very seriously. In case of comments and complaints, you can always send them via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the tab “information” or via our contact details, which can be found at the bottom of the Terms of Use.
If You notice a problem, incorrect or incomplete data, You can also report this directly via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the tab “information” or via our contact details, which can be found at the bottom of the Terms of Use.

10. WARRANTIES AND LIABILITY

A medical device is an instrument, apparatus or device, software, implant, reagent, material or other article intended by the manufacturer to be used alone or in combination with human beings for one or more specific medical purposes, as defined in REGULATION (EU) 2017/745 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2017. The Service is one such medical device.
Under the law, special rules apply to medical devices. For example, it is mandatory to obtain a CE mark. A CE mark indicates that the product complies with all applicable European (safety) regulations and that the conformity and conformity procedures have been completed. The Service has the necessary CE marking.
Because the Service qualifies as a medical device, MINDD will, among other things:
1. not use any text, designations, trademarks, images or other signs, figurative or otherwise, that could mislead You as to the intended purpose, security and performance of the Service. If you nevertheless experience the provisions of the previous sentence, You can contact MINDD via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the tab “information” or via the contact details at the bottom of these Terms of Use.
2. MINDD will take your complaints or reports about suspected incidents related to the
  Service extremely series and will keep a record of any complaints. See also Article 9 on the handling of complaints.
However, it remains the case that the advice generated, which is based on the information provided by you, cannot replace personal triage by the general practitioner or the doctor’s assistant. If you do not agree with the results of the Service, please do what you think is right. The Service is based on the protocols and standards mentioned in the previous points, the personal situation may differ from this. Decisions You make on the basis of information provided and advice generated remain at your own expense and risk at all times.
The information provided through the Service is only intended to make an initial assessment of whether You should contact your GP.
Although MINDD makes every effort to provide accurate, complete and up-to-date information from sources deemed reliable, MINDD does not provide any guarantee, either explicitly or implicitly, that the information provided is accurate, complete or up-to-date.
The information is specifically aimed at the Dutch public. MINDD manages and maintains the information from the Netherlands and does not guarantee that the information provided is also suitable or available for use in other countries.
MINDD shall not be liable, on any grounds whatsoever, for any damages in connection with the Service.
The exclusions of liability in this article only apply if you are a natural or legal person acting in the exercise of a profession or business.
The limitations of liability contained in the Terms of Use do not apply in the event of damage caused by intent or wilful recklessness on the part of MINDD’s management or damage caused by death or personal injury.
MINDD is not responsible for the information You enter into the Service.

11. DURATION AND TERMINATION

You can terminate the agreement and thus the right of use at any time by terminating the use of the Service.
Use of the Service may be terminated by either You or MINDD at any time. This is reasonable as the use is free for you.
Upon termination of the Agreement (for any reason), You must cease and desist from any use of the Service. You must then delete all copies (including any backups) of the Service from all of your systems.

12. CONFIDENTIALITY

Parties shall treat information they provide to each other when using the Service as confidential when such information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended to be confidential.
MINDD will not (and, in most cases, cannot) take cognizance of private data that You store and/or distribute via the Service, unless this is necessary for a good service or MINDD is obliged to do so pursuant to a legal provision. You can find more about this in the privacy and cookie statement.

13. MODIFICATION OF TERMS OF USE

These Terms of Use are subject to change.
MINDD will announce the changes or additions at least (30) calendar days before entry into force so that you can take note of them.
If You do not wish to accept a change or addition, You may terminate the right of use until the date of entry into force by no longer using the Service. Use of the Service after the date of entry into force constitutes acceptance of the amended or supplemented terms and conditions.

14. MISCELLANEOUS

The Service is intended for persons in/from the Netherlands and for the purpose of determining whether you need to go to the doctor in the Netherlands. This is because the Service is based on sources and protocols that apply to Dutch healthcare. Read more about this under article 10. The aforementioned sources and protocols may differ from country to country. If, contrary to the above, You decide to use the Service, this is at your own risk, as the Service may not comply with the healthcare protocols applicable in your country and the requirements for sources of information in the context of healthcare
The use and the agreement on which it is based are governed by Dutch law, except insofar as it conflicts with mandatory provisions.

Contact Details

MINDD B.V.
Prins Willem-Alexanderlaan 705
7311 ST Apeldoorn
Chamber of Commerce number: 55280021
Email: info@moetiknaardedokter.nl
Phone: 085 130 4720