Effective from 22 December 2023
World Data Exchange B.V., KVK No. 88297772, Zuid-Hollandlaan 72596 ALs-Gravenhage (WDX, we, our) owns and provides the digi.me service as a personal health environment (PGO) for use with the MedMij health framework (Services).
These Terms may be amended by us at any time, and by continuing to use the Services and the Site, you accept the Terms as they apply from time to time.
Your use of the Services and the Site
Personal use only
You may view the Site and use the Services using a web browser on a personal computer or mobile device solely for your personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the Content on the Site and Service is prohibited.
You must not modify or copy the layout of the Site or any computer software and code contained in the Services.
Must not interfere with the Site
You must not:
interfere with or disrupt the Site or the Services, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
restrict, or attempt to restrict, another user from using or enjoying the Site or the Services; or
encourage or facilitate violations of these Terms.
The Content that is available for you to access and download to your PGO and, through the digi.me Service, to your digital data vault is determined by MedMij’s arrangements with health service and related providers in the Netherlands (Content).
We do not own or control any of the Content.
To the extent necessary you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use that Content for the purposes of making available to you the functionality of the Site and the Services.
Security of content
We take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of the Site, the Services and any Content from unauthorised access or use by a third party or misuse, damage or destruction by any person.
However, given the nature of the internet, we do not guarantee and cannot ensure the security of Content and we expressly exclude liability for any such loss, however caused.
We recommend you take proactive means to protect your computer system and devices from security risks by installing firewalls, anti-virus software and other security applications.
We reserve the right to remove or block any Content that violates our Terms.
Third Party Links
The Site and the Services may contain links to other websites owned and operated by third parties, which are not under our control (Third Party Links).
Third Party Links are provided as a convenience to you and the existence of such links on the Site or in relation to the Services does not constitute an endorsement of them.
We are not responsible for the content or material contained on any Third Party Link.
Intellectual property rights
We or our licensors reserve all intellectual property rights in the Site and the Services.
The Site and the Services are protected by copyright and database rights. Reproduction of the Site and the Services, in whole or in part, including the copying of text, graphics or designs without our prior consent is prohibited.
Nothing in our Terms constitutes a transfer of any intellectual property rights.
All the trademarks, trade names, business names, images and logos (Marks) identified and utilised on the Site belong to their respective owners and are used by us as either owner or licensee. You must not use, reproduce, copy, republish, upload, transmit, post or modify these Marks in any way, unless otherwise authorised by the owner in writing.
The Site, the Services and Third Party Links are provided to you on an 'as is' and 'as available' basis. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the Site, Materials or Third Party Links.
We do not endorse or support any Content and reliance on any such information is at your own risk.
You are responsible for considering the appropriateness of the Site and the Services for your intended application and use. We do not warrant, guarantee or represent that the Site or the Services are suitable for or meet your requirements.
Exclusions and limitation of liability
To the fullest extent permitted by law, we are not liable to you for any loss or damage you may suffer or incur in connection with your access and use of the Site or the Services.
To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
Any limitations or exclusions do not apply to our liability for loss suffered or incurred by you for:
fraud or other unlawful acts;
gross negligence; or
liability that cannot be limited or excluded by law, including under the law of the Netherlands.
You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site or the Services in breach of these Terms or your breach of any rights of any third party.
We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
Variation to the Terms
We may vary, amend or otherwise modify the Terms at any time.
We will publish the New Terms on the Site, at which time they will be effective.
Your continued use of the Site following posting of the New Terms constitutes your acceptance of the New Terms.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
The Terms are governed by the laws in force in the Netherlands.
You and we submit to the non-exclusive jurisdiction of the courts of the Netherlands.