Conditions

These Terms of Use were last modified on 03-06-2020.

MINDD B.V., with its registered office in Apeldoorn and registered with the Chamber of Commerce under file number 55280021, hereinafter referred to as “MINDD”, offers you the Service “Do I have 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. Often people then err on the side of caution and call or go anyway. With the help of “Do I have to go to the doctor?”, people can judge for themselves whether and if so, when it is necessary to consult a doctor. “Do I have 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 a personal triage by the general practitioner or the doctor’s assistant. So when in doubt, always call your doctor.

When using “Do I have to go to the doctor?” the following conditions apply. If you have any questions about the use of “Do I need to see a doctor?” or these Terms of Use, please contact MINDD. Our contact details are 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 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 need to 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 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 have to go to the doctor?” service that MINDD will provide on your behalf, consisting of providing support in the choice of whether someone should go to the doctor or someone can already do something about the complaints themselves. The Service can be consulted via the App or the Website.
You: you, a natural person or legal entity, whether or not acting in the exercise of a profession or business, and the person using the App.
Terms of Use: these Terms.
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.
Written: In the Terms of Use, written means 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. ESTABLISHMENT AND APPLICABILITY

By using the Service, You are contracting with MINDD.
The Terms of Use govern this agreement and any use of the Service.
The Terms of Use are an integral part of the agreement.
The Terms of Use come into force when using the Service and will 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 of use for the term of the agreement to use the Service in accordance with the Terms of Use.
You are not entitled to access the source files of the App, unless permitted by mandatory law. It is expressly not permitted to discover these source files by means of 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 included, Apple’s App Store and Google’s Play Store may impose conditions on obtaining the App, using it and related matters.
Please refer to Apple’s App Store App Store Terms of Use and Privacy Statement, Google Play, and any applicable terms and conditions on the provider’s website.

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 other danger occurs to 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 prevent.
MINDD shall be entitled, to the extent available to MINDD, to disclose any identifying information about You to any third party who complains of Your infringement of its rights or these Terms of Use, provided that:
1. it is sufficiently plausible that the infringement, considered in itself, is unlawful and harmful towards the third party;
2. the third party has a real interest in obtaining the data;
3. it is plausible that in the specific case there is no less intrusive possibility to retrieve the data; and
4. The weighing 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 intent of the Terms of Use or that are granted In Writing and for the rest You may not use, reproduce or publish the Service.
Data that You store or process yourself via the Service is and remains the property of You. Control over the Data therefore rests with You at all times. MINDD has a right of use 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 unrestricted and perpetual right to use this information. This does not apply to information that you expressly do not consider 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. Information on 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 medical data. MINDD wants to respect your privacy as much as possible and process as little personal data as possible about you and do not process any medical personal data about you. For this reason, if you have any questions about the outcome of the triage through 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 to provide 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 correct errors or improve the functioning of the Service. Updates will be automatically implemented on the Website. Updates to the App will be posted in the Apple App store or Google Play store. MINDD is not responsible for the timely and correct implementation of updates. MINDD accepts no liability for damages resulting from defects or errors caused by an uninstalled update.
An update may impose conditions that differ from those set forth in these Terms of Use. This is always reported in advance and you then have the opportunity to refuse the deviating conditions. In the event of refusal, the agreement between you and MIND will be null and void. 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 are running at MINDD and not on your mobile device, MINDD has the right to temporarily decommission the Service or parts thereof for the purpose of maintenance, modification or improvement. MINDD will attempt to plan such retirement as much as possible when the use of the Service is as low as possible and will endeavor to notify You in a timely manner of any planned shutdown. However, MINDD is never obliged to compensate for damage that has arisen in connection with such decommissioning.

9. SUPPORT

You are solely responsible for the use of the Service.
MINDD does not provide any support in the use of the Service. However, you can ask questions via the contact form under “Contact” on the Website, via the “notify us” button in the App under the “information” tab or via our contact details, which can be found at the bottom of the Terms of Use. MINDD will endeavour to respond to the inquiries within a reasonable timeframe. Please note, if you have any questions about the outcome of the triage through the Service or about whether you need to see a 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 “notify us” button in the App under the “information” tab or via our contact details, which are at the bottom of the Terms of Use.
If You report a problem, incorrect or incomplete data, You can also report it directly via the contact form under “Contact” on the Website, via the “report us” button in the App under the “information” tab 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 appliance, software, implant, reagent, material or other article intended by the manufacturer to be used alone or in combination in 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 such a medical device.
Under the law, special rules apply to medical devices. For example, it is mandatory to obtain a CE marking. A CE mark indicates that the product complies with all applicable European (safety) rules 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, names, brands, images and other signs, figurative or otherwise, that could mislead You as to the intended purpose, security and performance of the Service. If you do experience the provisions of the previous sentence, you can contact MINDD via the contact form under “Contact Us” on the Website, via the “report us” button in the App under the “information” tab or via the contact details at the bottom of these Terms of Use.
2. MINDD will take care of 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, the advice generated, which is based on the information provided by you, cannot replace a 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 under the previous points, the personal situation may differ from these. 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 via the Service is only intended to provide 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 believed to be reliable, MINDD does not provide any guarantee, express or implied, 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 offered is also suitable or available for use in other countries.
MINDD shall not be liable, on any grounds, for any damages in connection with the Service.
The exclusions of liability in this article only apply if you are a natural person or legal entity 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 damages caused by intent or deliberate recklessness by the management of MINDD or damages for death or personal injury.
MINDD is not responsible for the data 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 all use of the Service. You must then delete all copies (including any backup copies) of the Service from all of your systems.

12. CONFIDENTIALITY

The parties will keep confidential any information they provide to each other when using the Service where such information is marked as confidential or where the receiving party knows or should reasonably suspect that the information was intended to be confidential.
MINDD will not (and cannot, in most cases) take note 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 under 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 they take effect 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 by no longer using the Service until the date of entry into force. 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 whether you need to see a doctor in the Netherlands. The Service is based on sources and protocols as they apply to Dutch healthcare. Read more about this under article 10. The aforementioned sources and protocols may differ per country. If, contrary to the foregoing, you decide to use the Service, you do so at your own risk, as the Service may not comply with your country’s healthcare protocols and requirements for healthcare information sources
Dutch law applies to the use and the agreement on which it is based, except insofar as it conflicts with provisions of mandatory law.

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