Terms of Use “Do I need to go to the doctor?”

These Terms of Use were last amended on [cgv date].

[cgv organisation] established in [cgv place] and registered with the Chamber of Commerce under file number [cgv kvk_nr] , hereinafter referred to as “[cgv afkorting_organisatie] “, offers you the self-triage service “Do I need to go to the doctor?” at. “Do I need to go to the doctor?” can be used via the website [cgv url].

“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 “Do I need to see a doctor?” or these Terms of Use, please contact [cgv afkorting_organisatie]. Our contact details can be found at the bottom of these Terms of Use. You can also contact us via the contact form on the Website.

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

1. DEFINITIONS

The capitalized information contained in the Terms of Use Written terms have the following meanings:

App: use the application “Do I need to go to the doctor” on your (mobile) device.
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 see a doctor?” servicewhich [cgv afkorting_organisatie] will provide on your behalf, consisting of offering support in the choice of 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 Website of [cgv afkorting_organisatie].
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.
Party(ies): [cgv afkorting_organisatie] 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 [cgv afkorting_organisatie], accessible via [cgv url], or associated subdomains.

2. FORMATION AND APPLICABILITY

By using the Service, You enter into an agreement with [cgv afkorting_organisatie].
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

[cgv afkorting_organisatie] 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 included, Apple’s App store and Google’s Play store may impose conditions on related matters, such as the web browser.
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 [cgv afkorting_organisatie], nuisance, damage or 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, [CGV afkorting_organisatie] is entitled to take all measures it reasonably deems necessary to avert or prevent this danger.
[cgv afkorting_organisatie] is entitled, to the extent that [cgv afkorting_organisatie] has access to it, to provide identifying data about You to a third party who complains about Your infringement of its rights or these Terms of Use, provided that
- it is sufficiently plausible that the infringement, taken in isolation, is unlawful and harmful vis-à-vis the third party;
- the third party has a vested interest in obtaining the data;
- it is plausible that there is no less intrusive possibility of retrieving the data in the specific case; and
- 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 [cgv afkorting_organisatie] 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 therefore rests with You at all times. [cgv afkorting_organisatie] has a right to use this information for the Service, including future aspects thereof.
If You send information to [cgv afkorting_organisatie], for example, feedback about an error or a suggestion for improvement, You grant [cgv afkorting_organisatie] 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 has to be paid to [cgv afkorting_organisatie] for the use of the Service.

7. PRIVACY AND MEDICAL DATA

Insofar as personal data is processed by [cgv afkorting_organisatie] in the performance of its Services by means of the App, [cgv afkorting_organisatie] will take into account the requirements of the privacy legislation when processing. Information about how [cgv afkorting_organisatie] 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. [cgv afkorting_organisatie] wants to respect your privacy as much as possible and process as little of your personal data as possible and do 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

[cgv afkorting_organisatie] will make 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.
From time to time, [cgv afkorting_organisatie] releases updates that may fix errors or improve the functioning of the Service. Updates will be made automatically on the Website. [CGV afkorting_organisatie] is not responsible for the timely and correct implementation of updates. [CGV afkorting_organisatie] accepts no liability for damage as a result of 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 [cgv afkorting_organisatie] 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 at [cgv afkorting_organisatie] and not on your mobile device, [cgv afkorting_organisatie] has the right to temporarily suspend the Service or parts thereof for the purpose of maintenance, modifications or improvements. [cgv afkorting_organisatie] 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 shutdown in a timely manner. However, [CGV afkorting_organisatie] is never obliged to pay compensation for damage caused by such decommissioning.

9. SUPPORT

You are solely responsible for your use of the Service.
[cgv afkorting_organisatie] does not provide any support for the use of the Service. However, you can ask questions via the contact form on the Website or via our contact details, which can be found at the bottom of the Terms of Use. [CGV afkorting_organisatie] will endeavour to respond to the questions 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.
[cgv afkorting_organisatie] takes complaints and reports regarding the Service very seriously. In case of comments and complaints, you can always send them via the contact form on the Website 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 on the Website 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 is qualified as a medical device, [cgv afkorting_organisatie] will, among other things:
- 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 [cgv afkorting_organisatie] via the contact form on the Website or via the contact details at the bottom of these Terms of Use.
- [cgv afkorting_organisatie] will take your complaints or reports about suspected incidents in connection with the Service very seriously 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 [cgv afkorting_organisatie] makes every effort to provide accurate, complete and up-to-date information from sources deemed reliable, [cgv afkorting_organisatie] 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. [cgv afkorting_organisatie] 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.
[cgv afkorting_organisatie] 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 the management or management of [cgv afkorting_organisatie] or damage caused by death or personal injury.
[cgv afkorting_organisatie] 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 [cgv afkorting_organisatie] 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.
[cgv afkorting_organisatie] will not (and, in most cases, cannot) take cognizance of private data that You store and/or disseminate via the Service, unless this is necessary for a good service or [cgv afkorting_organisatie] is obliged to do so by law. 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.
[cgv afkorting_organisatie] 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. The Service is based on sources and protocols as they apply to the Dutch healthcare. Read more about this under article 10. The above-mentioned sources and Protocols can vary from country to country.
If, contrary to the foregoing, You decide to use the Service, then this is at your own risk, as the Service may not correspond to the protocols in force in your country and the requirements for sources of information in the context of care.
To the use and the agreement relating to it basis, Dutch law is applicable, except to the extent that contrary to mandatory provisions.

Contact Details

[CGV Organization]
[cgv street name]
[cgv zip code] [cgv place]
Chamber of Commerce number: [cgv kvk_nr]

Download the Terms of Use as PDF:

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