TERMS OF SERVICE
Visiba Group AB. Applicable when using Visiba Group AB’s online services. Applicable from 2015-08-01
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.
”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
”Linked websites” Links to third party websites that are published on
the Website, the Web address or the Application.
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
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
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
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
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
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
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
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.
14.1 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: email@example.com. Telephone: +46(0)31-788 41 41
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
(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.
16.1 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.
17.1 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.