TERMS OF SERVICE

Visiba Group AB. Applicable when using Visiba Group AB’s online services. Applicable from 2015-08-01

1. Introduction

1.1 Visiba is a Swedish limited company that provides online services, mainly electronic tools for online communication and booking, to healthcare providers in Sweden or abroad. The purpose of the services is to facilitate the communication between healthcare providers and care recipients. The services provided by Visiba is primarily e-booking, e-waiting room and eappointments. Visiba enters into agreements with such healthcare providers that wish to connect to the Service.

2. General and definitions

2.1 These Terms of Service apply to the natural person/care recipient that uses one or several of the services provided by Visiba. By using the Service the User agrees to be bound by these Terms of Service. By agreeing to the Terms of Services the User confirms that he or she has taken part of the information presented under these Terms of Service. ”Terms” These Terms of Service ”User Agreement” The agreement entered into between Visiba and the User through his/her use of the Service. The terms and conditions for the User Agreement follows from these Terms. ”User” The natural person using the Service. ”Visiba” Visiba Group AB, Swedish registration number: 556967-9813. The legal entity providing the Service to the User and the Healthcare Provider. ”Healthcare Provider” The legal entity/entities that has entered into an agreement with Visiba regarding the use of the Service and the party with whom the User communicates via the Service. ”Service” The service or services made available for the User via the Website or the Application. ”Website” www.visibacare.se. ”Web address” The web address (URL) through which the Service is made available for the User. ”Application” The mobile application through which the Service is made available for the User. ”Third Party Application” Software where (a) the rights clearly accrues to someone else than Visiba or an affiliated company within the same group as Visiba or (b) it follows from the User Agreement that the Software is a Third Party Application. ”Third Party Supplier” The company/companies that provides Third Party Applications. ”Linked websites” Links to third party websites that are published on the Website, the Web address or the Application.

3. Amendments

3.1 Visiba may at any time make amendments or additions to these Terms. All amended conditions will automatically be effective at the latest fourteen (14) days after (i) a written notice has been sent to the User, (ii) the amendment has been published on the Website, The Web address or the Application or (iii) the User in any other way became aware of the amendment. When using the Services after the fourteen-day period the User shall be found to have accepted the new Terms.

4. The Service

4.1 The Service is made available for the User via the Web address and/or the Application.
4.2 Upgraded features and new versions of the Service shall be implemented in the Services to the extent Visiba finds appropriate. Visiba reserves the right to, without prior notice and at any time, make changes to or modify the Service or the way in which the Service is provided.

5. Use of the Service

5.1 The User is granted a non-exclusive, non-transferrable and non-revocable right to access and use the Service in accordance with the User Agreement. The User shall act in conformity with Visiba’s instructions regarding the use of the Service. If use of the Service requires a parent’s or a caregiver’s permission, the User is responsible for obtaining such permission.
5.2 The User ensures that the User will not use the Service for any purpose that are not in compliance with applicable law or the User Agreement.
5.3 The User is liable for all actions and activities conducted within the scope of the Users use of the Service. The User acknowledges and accepts that Visiba is not responsible for any unauthorized access to the Service as a result of the User’s negligence.
5.4 The User is, in accordance with applicable law, personally liable for all information and material provided by the User, which in any way is made available under the Service. The User ensures that the material made available by the User through the Service does not infringe on any property owned by a third party and is not in breach with applicable law. The User shall indemnify Visiba and any Healthcare Provider for any claims from third parties arising due to the Users use of the Services.
5.5 The User shall act in conformity with the, at the time current, safety and security regulations provided by Visiba. Visiba is entitled to change the applicable security and safety regulations. Such changes are effective upon publication on the Website, the Web address or the Application.
5.6 In case of misuse of the Service, the User shall indemnify Visiba for any damage resulting from such misuse. Furthermore, the User shall indemnify Visiba for all damages arising as a result of all use of the Service that is not in conformity with the terms and conditions of the User Agreement.

6. Limited access to the Service

6.1 Visiba does not warrant any continuous, uninterrupted or safe access to the Service. The Service may be interrupted due to reasons outside Visiba’s control and Visiba therefore does not warrant the functionality or continuous availability of the Service.
6.2 Visiba is, due to technical- maintenance or security reasons, entitled to take appropriate measures, which might affect the access to the Service. Visiba reserves the right to limit or suspend the use or access to the Services if the use of the Service causes serious harm, or risks causing serious harm, to Visiba. The User shall without undue delay be informed about any limitation or suspension of the access to the Service.
6.3 Visiba reserves the right to, at any time terminate, the access to the Service if Visiba suspects that the User is violating the terms in the User Agreement or is otherwise acting in a way that risks causing Visiba, Healthcare providers, other users or persons any harm. Visiba may in its sole discretion determine if a User shall be found to have violated any condition in the User Agreement.

7. Intellectual property rights

7.1 Visiba is the sole owner of all rights, including intellectual property rights, to the Service. The rights include, but are not limited to, the operation, method, software and design of the Service. The User shall not obtain any intellectual property rights to the Service or any rights to the material arising from the use of the Service. Accordingly, the User Agreement shall not render any transfer whatsoever, in whole or in part, of any intellectual property rights connected to the User. Visiba remains the sole owner of all its intellectual property rights such as copyrights, design rights, trademarks and other registered and nonregistered rights.
7.2 The User shall not copy, reproduce, sell, license, distribute, modify, decompile or in any other way make changes to the Service. Nor may the User make the Service or parts of the Service available to others.

8. Third Party Applications

8.1 In order to be able to use parts of the Service the User must have access to such Third Party Applications appointed by Visiba. The User is responsible for carrying out the installations and updates of such Third Party Applications required for the use of the Service.
8.2 The User shall ensure that the use of a Third Party Application is in conformity with the terms and conditions governing the relation with the Third Party Supplier. The User shall indemnify Visiba for any claims directed towards Visiba by the Third Party Supplier due to the User’s use of the Third Party Application.
8.3 Visiba is not responsible for deficiencies, and does not warrant the functionality, in Third Party Applications. Errors and deficiencies in the Third Party Application shall be reported directly to the Third Party Supplier.

9. Links to other websites

9.1 The Website, the Web address and the Application may contain links to websites provided by third parties. Visiba have no control of or responsibility for Linked websites. Visiba is not responsible for the content provided by Linked websites and shall not be held liable for any damages arising in connection with the use of services available on Linked websites.
9.2 Visiba recommends Users and other visitors to the Website that follow links to Linked websites to read the terms of service and the privacy policy of such Linked websites.

10. Cookies

10.1 Cookies are passive text files or pieces of information, which are stored in the Users web-browser when connecting to the Website, the Web Address or the Application. Visiba uses cookies for the purpose of improving the experience when using the Services and for the purpose of obtaining information such as statistics regarding the User’s or other user’s use of the Service. The User accepts the use of cookies. The User also has the possibility to command the web browser to refuse cookies.

11. Collection and processing of personal data

11.1 Visiba is, if not stated otherwise, the responsible for the processing of your personal data according to the Swedish Personal Data Act (1998:208) and is thereby responsible for the processing of the Personal Data you provide, such as name, social security number and address. Personal data is processed solely for the purpose of providing the Service. When using the Service the User accepts the processing of personal data for such purpose.
11.2 The User is entitled to at any time request information about the Personal Data that is processed by Visiba. The User can take part of this information by contacting Visiba in accordance with what is stipulated in section Error! Reference source not found.. The User is also entitled to withdraw the consent regarding the processing of personal data. When ceasing to process personal data Visiba might not be able to continue providing the Service to the User. A withdrawal of consent shall be made in writing and sent to one of the addresses in section Error! Reference source not found.
11.3 Regarding information that the Users provides to the Healthcare Provider, the Healthcare Provider is responsible to ensure that the processing of personal data is made in accordance with applicable law, such as the Patient Data Act (2008:355) and the Personal Data Act (1998:204). Regarding information that 2(3) the Users provides to the Healthcare Provider, the Healthcare Provider is to be seen as the controller of the personal data (swe personuppgiftsansvarig) and Visiba only to be seen as the personal data assistant (swe personuppgiftsbiträde). In relation to the User, Visiba obliges to process personal data received by the Healthcare Provider only in accordance with applicable agreement between the Healthcare Provider and Visiba.

12. Limitation of liability

12.1 Visiba is not responsible for information that is made available for the User under the Service. Visiba is furthermore not responsible for the communication between the User and the Healthcare Provider or the Healthcare Provider’s counselling, communication or other activities. Hence, Visiba is not responsible to indemnify the User for, including but not limited to, loss of income, loss of data or other direct or indirect losses or damages of any kind that are directly or indirectly the result of the Users use of the Service, the content made available through the Service or the Healthcare Provider’s counselling or other activities. The limitation of liability also applies to the User’s liability towards third parties.
12.2 Provided that Visiba has not acted with gross negligence or intent, Visiba’s liability shall be limited to an amount of ten (10) times the price base amount according to the Swedish Act on Social Insurance (2010:110) at the time the damage occurred. In order for the User to invoke liability according to the User Agreement, notice must be provided to Visiba within reasonable time from when the damage was, or should have been, discovered. Reasonable time shall normally be set to thirty (30) days.
12.3 The purpose of the Service is only to facilitate the communication between the Healthcare Provider and the User. The User acknowledges that the Service is, not to any extent, replacing healthcare that is, or should be, carried out via a physical encounter with the Healthcare Provider. The User is solely responsible for the contact with, and the information that is provided to, the Healthcare Provider. The User is responsible for seeing a doctor or otherwise making contact with a healthcare provider in case of illness or injuries. The User shall in its sole discretion decide whether contact with the Healthcare Provider should be made through the Service or in any other way. Visiba does not undertake any responsibility for the Users decision-making in this concern. Visiba is not considered a healthcare provider and does not take on any liability for the healthcare provided to the user through the Service. All contact with the Healthcare Provider is at the risk of the User. Visiba recommends that the User in case of acute illness or injury directly contacts an appropriate healthcare provider.

13. Force majeure

13.1 Unless the parties have acted with gross negligence or intent, the parties shall be relieved from liability for failure to perform any obligation under this User Agreement during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the reasonable control of the parties, such as war, warlike hostilities, labour disturbances, new or amended legislation, governmental actions fire, flood or other circumstances of similar importance.

14. Communication

14.1 The User accepts that all communication from Visiba, including but not limited to, messages and other information regarding the Service and/or the User Agreement may be made electronically.
14.2 For questions regarding the Service, the User Agreement or the processing if personal data, Visiba requests that the User contacts Visiba on the following address: Visiba Group AB, Adolf Edelsvärds Gata 11, 414 51 Göteborg. E-mail: contact@visibagroup.com. Telephone: +46(0)31-788 41 41

15. Notices

15.1 All notices under the User Agreement shall be either personally served on the other party, sent by registered prepaid airmail or by e-mail to the addresses provided by the other party. A Notice shall be deemed to have been given: (i) in the case of personal service: at the time of service; (ii) in the case of prepaid registered mail: at the latest five (5) days after the date of mailing; and (iii) in the case of e-mail: on the date the email was sent.

16. Severability

16.1 If any provision, or part thereof, of these Terms is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceability.

17. Assignment

17.1 The parties may not wholly or partly assign or pledge their rights and obligations under this Agreement to any third party except with the prior written consent of the other party. Notwithstanding what is stipulated above, Visiba is always entitled to assign the rights and obligations under the Agreement to an affiliated company within the same group as Visiba.

18. Governing law and dispute resolution

18.1 The User Agreement shall be construed in accordance with and governed by, the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by the public courts of Sweden. The district court of Gothenburg shall be the first instance.