GENERAL TERMS AND CONDITIONS/USER AGREEMENT
1. SCOPE AND APPLICABILITY OF THE AGREEMENT
1. This Agreement/these general terms and conditions apply between Mindler AB, corporate ID no. 559150-0722, (hereinafter referred to as “Mindler“) and the user/patient who registers as a user (hereinafter referred to as a “User“) on the platform provided by Mindler for User Accounts (see the definition below in paragraph 1.2) and associated services for Users and care providers (hereinafter referred to as “Care Providers“) via the website www.mindler.se and through applications for Android and iSO (hereinafter referred to as “the App“).
1. Using the App, people over the age of eighteen (18) register as Users by creating a personal account (hereinafter referred to as a “User Account“) and using that account to book a time to see a licensed psychologist. The session takes place by means of a video call. When booking a session with a Care Provider, the User may provide information on his or her condition through the personal User Account.
1. The User can describe his or her situation to the Care Provider in more detail during the booked video call. Based on the User’s information, the Care Provider then suggests appropriate treatment.
1. The User enters into this agreement (hereinafter referred to as “the Agreement“) with Mindler by registering for a User Account according to the instructions provided in the App at any given time. By registering for a User Account, the User accepts these agreement terms and conditions. The Agreement will be considered to have been entered into when the User has registered his or her User Account in the App.
1. The User is responsible for ensuring that the data, including contact details and health data, where appropriate, that he or she provides when entering into the Agreement is accurate. The User undertakes to keep his or her personal profile in the App updated and current throughout the term of the Agreement. Mindler must be notified as soon as possible of any changes by means of an update directly in the App or by e-mail to firstname.lastname@example.org.
1. Mindler is the service provider for the technology platform by which the User is provided with care services by the Care Provider. Under no circumstances must Mindler therefore be seen as a care provider. This Agreement must therefore only be considered as a service agreement for the provision of a technical solution. In order to avoid any misunderstanding, it is hereby clearly stated that under no circumstances whatsoever is Mindler liable in any way for care activities, examinations, medical services or results (or their quality) with which the User is provided within the context of his or her contacts with a Care Provider via the App.
1. These agreement terms and conditions/general terms and conditions, policies, instructions and other information concerning Mindler’s services are available in the App.
1. In cases where the User is provided with services under this Agreement by such means as a subscription, payment or salary benefits or a centrally procured agreement via an employer or similar, the following provisions will not be applicable:
paragraph 6 – “Cancellation of a video call”; paragraph 10.2; and the third sentence of paragraph 11 “Force Majeure”.
THE APP AND THE USER ACCOUNT
1. To register a User Account and enter into an Agreement with Mindler, the User must be at least eighteen (18) years of age and must have access to a personal BankID for identification purposes.
1. The User is personally liable for any action carried out when using his or her User Account.
1. The User Account is personal and may only be used by the User who registered the User Account.
1. A User Account may not be transferred or granted to another person.
1. Mindler is not liable for abuse of a User Account by an external person and nor is it liable for any consequences and/or damage resulting therefrom.
1. The User is responsible for ensuring that his or her User Account is used in accordance with this Agreement, the other conditions and instructions in the App and in accordance with applicable law at any given time.
1. The User is personally liable for the information that he or she provides in or through the App.
1. By registering a User Account in the App, the User confirms and accepts the technical specifications, conditions and restrictions regarding the App that are set out in Mindler’s service and product descriptions applicable at any given time, which are available in the App and on Mindler’s website.
1. By registering for a User Account in the App, the User confirms and accepts that the contact details he or she provided can be used by Mindler to contact the User by means of mailings and notices containing information and offers. The User may specifically de-register from this communication at any time. For further information concerning Mindler’s management of personal data and contact details, etc. please refer to Mindler’s personal data policy which is available on Mindler’s website, www.mindler.se.
1. Content published or provided by Mindler in the App forms a complement to the medical advice that the Care Provider gives the User and is not intended to be used instead of a psychologist’s assessment, diagnosis or treatment for any condition. Use of the App only forms a complement to normal healthcare and is intended as an aid to help the Care Provider provide his or her patients with effective care. Under no circumstances does Mindler assume any liability as a care provider in relation to the User.
1. In view of the technical design of the service and the App, the service is limited to certain specific treatments. These are stated in the App at any given time.
PRICES AND PAYMENT
1. The services in the App are provided at the prices shown in the price list current at any given time which is available in the App. The prices for the service are always stated before a booking takes place.
1. Payment for video calls or other services via the App takes place before the video call begins or the service is provided. Users cannot begin a video session or use another service before payment has been made.
LIMITATION OF LIABILITY
1. Within the limits set out in this paragraph 4, Mindler is responsible for ensuring that the App is available in accordance with paragraphs 4.3, 4.4, 4.6 and 4.7 below. Furthermore, Mindler is responsible for storage of the information provided and uploaded in the App by the User and the Care Provider.
1. Mindler undertakes to comply with and maintain the responsibility for the App deriving from the Act (2002:562) on electronic commerce and other information society services and the Act (2005:58) on distance agreements and agreements off business premises.
1. Mindler’s aim is to ensure that the App maintains high levels of accessibility and that the User will have access to his or her User Account at any time of the day or night. The User can book a video call with a Care Provider using the booking features provided via the App’s booking system. The App and the video calls are provided in accordance with the above, with the exception of scheduled, notified interruptions in the App for maintenance or interruptions beyond Mindler’s control.
1. Mindler is not responsible for interruptions in the service or in availability caused by: i) a fault in the User’s hardware/equipment, connection network, the User’s software or faults in software constituting third-party products that Mindler is unable to correct despite the fact that it has attempted to correct or work around them in a professional manner; ii) other circumstances for which the User is responsible under the Agreement; (iii) viruses or other attacks on security despite the fact that Mindler has adopted professional measures; or (iv) circumstances constituting force majeure under paragraph 11 below.
1. Notice of a fault or disruption in the functioning of the App or availability must be be given without delay to Mindler’s customer services at email@example.com (24 hours a day) or via our customer services chat during office hours (09.00 – 17.00 on weekdays with the exception of public holidays).
1. Mindler is only responsible for the operation of the App, including provision of video calls between Users and Care Providers and services associated therewith such as storage of information and other information provided by Mindler in the App. Under no circumstances is Mindler liable for any care, information or recommendations that the Care Provider gives the User in a video call or in writing via the App.
1. Mindler is not liable for contents linked to or from the App.
1. Faults must be remedied in the first instance through troubleshooting, if that can be done without undue expense or inconvenience to Mindler. Mindler has a right at all times, at its own expense, to correct the fault provided that this can be done within a reasonable time and without any significant inconvenience to the User. If the fault cannot be corrected, the User has a right to receive a reasonable price reduction and compensation for any substantiated, direct damage, subject to the following restrictions.
1. Mindler cannot provide any information about the User for which the Care Provider is the Personal Data Controller in accordance with applicable law and/or any information that the Care Provider opposes or is unable to publish in the App.
1. Under no circumstances is Mindler liable for damage due to faults caused by the User or any circumstance for which the User is liable. Nor is Mindler liable for any form of personal injury or other consequences that may result, directly or indirectly, from use or misuse of information provided, presented or referred to in the App. Mindler’s liability is limited under all circumstances to liability for substantiated, direct damage and to a maximum amount equivalent to SEK twelve thousand (12,000). Mindler is thus not liable under any circumstances for consequential damages, loss of earnings, loss of expected savings and/or other indirect damages due to a fault.
1. The User must, in the event that established psychological treatment/intervention takes place, be otherwise completely healthy as far as is known and agrees, in the event of serious symptoms of illness, to seek adequate care at an institution such as a health centre or emergency ward, etc. Mindler is not the right level of care in such situations. In the event of acute suicidal thoughts, the User must also not turn to Mindler, but to an appropriate emergency psychiatric institution or call 112 for guidance and advice.
INTELLECTUAL PROPERTY RIGHTS
1. Copyright, right of ownership and other intellectual property rights to Mindler’s trademarks, business name, the App and all documents used and/or provided by Mindler in the App or on our website belong to Mindler with all rights reserved. That means that Mindler has the right to freely dispose of such intellectual property rights.
1. All copying, modification, transfer and/or other use of Mindler’s materials that is not expressly permitted in writing by Mindler is prohibited. The User acknowledges and agrees that unauthorised use of Mindler’s intellectual property rights constitutes a breach of this Agreement.
1. Any intellectual property rights arising as a result of Mindler’s provision of the App and/or other services will accrue to Mindler with all rights reserved. Such sole rights include Mindler’s right to freely dispose of such results, including the right to freely change, transfer and grant them.
1. The provisions of this paragraph 5 must apply regardless of the manner and form in which the results were produced and regardless of whether the results were produced by Mindler alone or in conjunction with another. This provision will apply even after the Agreement between Mindler and the User has cease to apply.
CANCELLATION OF A VIDEO CALL
1. A booked video call can be cancelled free of charge up to 24 hours before the starting time for the booked video call. If a booked video call is cancelled within the time specified above, payment made for the cancelled video call will be refunded within fourteen (14) days.
1. The User is aware and agrees that he or she is not entitled to a refund for cancellation of an ordered drop-in video call time. Furthermore, the User is aware and accepts that he or she is not entitled to a refund for cancellation of a video call less than 24 hours before the video call would have taken place.
1. Mindler takes a serious view of any unauthorised use of the App and the User Account in breach of this Agreement/these general terms and conditions and/or our policies applicable at any given time regarding data processing, security, ethics, etc. For example, filming of consultations with care personnel or dissemination of such materials by any means is prohibited. Mindler will take action against actual or feared unauthorised use of the App, User Account, etc.
1. Mindler reserves the right to remove information from the App, close the User Account or adopt other measures due to breach of the Agreement by the User or to protect the App’s reputation and/or to protect it from improper use at any time with or without prior warning or notice and without liability for any consequences. In the event of such a closure, Mindler also has a right to give notice of termination of the Agreement in accordance with paragraph 9.2 below.
1. In cases where the User is in breach of the Agreement or applicable law or if he or she has used the App in an illegal manner or in a manner that is not permitted, the User is required to compensate and indemnify Mindler for all damage thereby caused to Mindler (including but not limited to representatives’ fees, court costs and all claims from third parties).
1. The User is restricted to booking a session with only one (1) psychologist at a time and booking more than one session with different psychologists in parallel is prohibited. After a session has been concluded with one psychologist, a new session can be booked with another psychologist.
1. Mindler offers sessions with psychologists to users at the level of primary care. This therefore corresponds to the level of care offered at a medical centre, health centre or similar. Mindler therefore cannot offer care that requires specialist expertise in psychiatry. That means that, after obtaining information on this, Mindler’s psychologists are entitled to discontinue treatment/sessions with users who are deemed to be at the wrong level of care.
1. TERM OF THE AGREEMENT
The Agreement applies from the moment when the User has registered for a User Account with Mindler and until further notice thereafter.
NOTICE OF TERMINATION
1. The User has a right at all times to give notice of termination of the Agreement with immediate effect. If such notice of termination is given, Mindler will remove the User’s User Account and remove all information relating to the User that is provided and stored as soon as possible.
1. Mindler is entitled to give notice of termination of the Agreement with immediate effect in the event that the User is in breach of or is expected with probably cause to be in breach of this Agreement and fails to adopt a remedy within thirty (30) days from receipt of a written intimation to that effect. Upon such termination, the User’s User Account is closed, whereafter the Agreement automatically ceases to apply. Information concerning the User that is stored in the App will be promptly deleted.
1. Users who have had their User Account closed in accordance with this paragraph have no right to re-register or register for a new User Account without obtaining specific authorisation from Mindler for that purpose.
CHANGE OF FUNCTION AND CONDITIONS
1. Mindler reserves the right to change the scope and function of the User Account and the App. Product and service development may, for example, though not exclusively, mean layout, content, the service or functions and can mean that the Agreement is affected. The User will be notified of such changes via the App and/or e-mail. The general conditions applicable at any given time are available in the App and on Mindler’s website.
1. The User has a right to give notice of termination of the Agreement with immediate effect if any change made by Mindler to the conditions of the Agreement or the App is substantially detrimental to the User.
Mindler does not pay compensation as a result of strikes, fire, the exercise of public authority, labour disputes, accidents, faults or delay on the part of subcontractors, service outages in public communications systems or other circumstance beyond Mindler’s control that Mindler could not reasonably have been expected to allow for and whose consequences Mindler could not reasonably have avoided or overcome. In cases where the circumstance in accordance with this paragraph continues to apply for a period in excess of thirty (30) days, a party has a right to give notice of termination of the Agreement with immediate effect. Under such circumstances, the User has a right to a refund of amounts paid in advance for video meetings booked but which did not take place.
1. The User must specify in the App the e-mail address and telephone number to which he or she wishes Mindler to send notices from time to time.
1. Notice of termination and other notices under this Agreement must be sent by e-mail.
1. Notices under this Agreement must be considered to have been received by the recipient:
a) if sent by e-mail: when receipt is duly confirmed, which may take place through an acknowledgement of receipt, for example,
b) if sent by registered mail: two working days after posting, or
c) if delivered by courier: at the time of the handover.
The User must notify Mindler without delay if he or she changes his or her contact details.
ASSIGNMENT OF THE AGREEMENT AND OBLIGATIONS UNDER THE AGREEMENT
1. The User has no right to assign to another person this Agreement or rights and/or obligations resulting from this Agreement.
1. Mindler has an unrestricted right to engage subcontractors for the fulfilment of its obligations under this Agreement.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
1. Disputes arising out of the interpretation and application of this Agreement/these general terms and conditions and the legal relationship connected thereto must be settled in accordance with Swedish law by a general
court, with Stockholm District Court as the court of first instance unless otherwise agreed.
1. In the case of recovery of payment based on payment obligations under this Agreement/these general terms and conditions, the case may be referred to the Swedish Enforcement Authority or other recovery procedure, notwithstanding the provisions otherwise contained in paragraph 14.1 above.