1. Applicability, scope, etc.
These terms and conditions apply to the agreement between webbhälsa AB, org.nr. 556967-0820 whose address is at Regeringsgatan 54, 111 56, Stockholm, Sweden ("Webbhälsa") and you when you register as an Account holder (the “Account”) for access to the Webbhälsa e-health service app (the "App").
References to "we", "us" and "our" in these terms and conditions are references to Webbhälsa.
Through the App, individuals can book appointments with licensed healthcare practitioners, including doctors and other healthcare professionals ("Healthcare Provider"), for medical care and advice through video consultations. You can submit a written description of symptoms through your Account prior to the meeting. When the video consultation begins, you can describe your condition and concerns to the doctor, who will then perform a visual examination, diagnose where possible, and suggest further treatment.
Webbhälsa is only an intermediary service between you and the Healthcare Provider, and should therefore not be regarded as a Healthcare Provider itself. The agreement between you and us is therefore strictly a service agreement for the supply of a booking and video conference solution. We are not responsible for the content or quality of medical examinations or advice provided within the context of a video consultation.
By registering an Account on the App, you agree to the terms and conditions set out here.
You are responsible for ensuring that all information and contact details provided to us is relevant, correct, and kept up to date. Any changes to information must be reported without delay, by emailing firstname.lastname@example.org or calling LIVI's customer service at +44 (0) 3308082074.
2. General Information about Accounts and the App
In order to register an Account and sign into the App you must provide your phone number and basic personal information. In order to allow Healthcare Providers on the platform to provide services to you in a safe way in line with national regulations and recommendations, you will be asked to verify your identity. We work with an established third party provider of online identity verification services to carry out these checks. You need to be at least 16 (sixteen) years old in order to use services on our platform.
You are responsible for all actions relating to the use of the Account and shall ensure that the Account is used in accordance with these terms and conditions. The Account may only be used by you, the user to which the Account is registered, and may not be used by, or transferred to, another person. The only exception to this rule are legal guardians who may use their own Account on behalf of a child, provided that the child is below the age of 16.
If you know or suspect that anyone other than yourself has obtained access to account details including your user identification code or password, you must promptly notify Webbhälsa by emailing email@example.com or calling LIVI's customer service at +44 (0) 3308082074.
By opening an Account in the App, you accept and confirm that the contact details provided may be used by Webbhälsa to send offers and information related to the service via email and push notifications. You as the Account Holder can opt-out of email marketing and push notifications at any time by changing your settings in the App or through the opt out link provided in all marketing communications sent to you. We will action such a request without delay.
Although we make reasonable efforts to update the information in the App, we do not make any representations, warranties or guarantees, whether express or implied, that the content in the App is accurate, complete or up to date. Content that is published or provided by us in the App is not intended to be advice on which anyone should rely. It is provided for general information only and must not be used as a substitute for a Healthcare Provider's assessment, diagnosis or treatment of any illness or disease.
Given the technology-based format of the service, the App and the service are limited to the specific forms of illnesses, diseases and health concerns that will be presented to you in the App before you book a service with a Healthcare Provider.
3. Prices and payment
Fees for services delivered by Healthcare Providers on the platform depend on the type of care provided. Consultations under the NHS scheme are provided free of charge for a patient registered at one of the partner surgeries operating on the platform, as long as the patient meets certain eligibility criteria. Fees for a private video consultation with a Healthcare Provider, and other potential costs, are outlined in the booking process in the App. The price payable by you for a private consultation will be confirmed to you at the time of making a booking with the Healthcare Provider.
Payment for a private video consultation must be made before the meeting starts. You cannot start a video consultation with the Healthcare Provider before the payment has been approved and received by us.
4. Webbhälsa’s responsibility
You can book an appointment for an available time slot in the booking system on the App. You can either book an appointment at a specified date and time, or on a drop-in-basis. The App, including video consultations, is provided in accordance with the terms and conditions stated herein, with the exception of allowed disruptions such as (but not limited to) planned maintenance of the App or service system.
We do not assume responsibility for disruptions of availability of the App that result from:
a) errors/problems with your hardware/equipment, network, software or errors in software that is part of a third-party product and that we, despite attempts to prevent and rectify, cannot avoid;
b) other circumstances that you are responsible for according to these terms and conditions;
c) a virus on your device or other security threat that, despite our preventive efforts disrupt the service; or
d) a circumstance that constitute force majeure in accordance with article 10 below.
You are responsible for configuring your information technology, computer programs and platform to access the App. We recommend that you use virus protection software. We do not guarantee that the App will be free from bugs or viruses.
You must not (i) misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App; or (iii) attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
Disruptions or errors in the App’s availability should be reported without delay to our customer service at firstname.lastname@example.org or by calling +44 (0) 3308082074 (available 9 am - 5 pm on weekdays with the exception of national holidays).
If we fail to comply with these terms, we will be responsible for the loss or damage you suffer that is a foreseeable result of us breaking this contract or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.
We do not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your consumer rights in relation to the services we promised to provide to you.
5. Intellectual Property Rights, etc.
Ownership, property rights and all rights related to Webbhälsa and its brands, firm, and the App, as well as all documents or agreements that are used by, and/or provided by us on the App, such as, but not limited to, these terms and conditions, belong to Webbhälsa exclusively. We reserve the exclusive right to use the above mentioned material. All copies, versions, changes and/or other use of our material that has not been explicitly authorized in these Terms and Conditions or by our express written instructions are strictly prohibited. You confirm and accept that unauthorized use of Webbhälsa’s intellectual property rights can, aside from being in breach of these terms and conditions, may constitute a criminal act. We reserve the right to pursue legal action in the occurrence of unauthorized use of Webbhälsa’s intellectual property rights.
Any intellectual property rights that arise from our provision of the App and/or other services to you belong to Webbhälsa exclusively. Such exclusivity includes the right to change and transfer such rights.
6. Cancellation of a video consultation
You may cancel or change a scheduled appointment for a video consultation under the NHS service at any time at no costs, however, we would ask that you give us at least 15 minutes notice.
For private video consultations, you can cancel the consultation up to 15 minutes before the meeting is due to start and receive a full refund within 14 days.
7. Unauthorized use and information
We take all forms of unauthorized use of the Account and App in breach of these terms and conditions and/or Webbhälsa’s policy regarding security, ethics, etc. seriously. You are not, among other things, permitted to record any consultations with Healthcare Providers or in any way distribute any such material relating thereto. We will proactively pursue action against confirmed or anticipated unauthorized use of the Account, the App etc.
We reserve the right to, with reasonable prior notice to you, remove information from the App, close your Account or pursue other measures due to your breach of these terms and conditions, to protect the accountability or reputation of the App. We also reserve the right to cancel the agreement between us in accordance with article 8.2 below.
If you have breached these terms and conditions or used the App in an unlawful or unauthorized manner, you are responsible for compensating us for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).
8. Term and cancellation
If you have been suspended from your Account in accordance with this article you do not have the right to re-register or register a new Account without written permission granted by Webbhälsa.
9. Product development and changes in Terms and Conditions
We reserve the right to change the scope and function of the Account and App. Product and service development could relate to, although not exclusively, layout, content or functions and may entail alterations to these terms and conditions. Such changes will be communicated through the App and/or via email. The terms and conditions in force will be available on the App.
You have the right to terminate the agreement with Webbhälsa, effective immediately, in the event we include changes to the terms and conditions, the Account or App that you do not agree with or that would result in a material disadvantage for you. In such an event, you are entitled to a refund of any payment made for a scheduled video consultation that has not taken place at the time of cancellation.
10. Force Majeure
We do not make any compensation for damages incurred by a strike, fire, government authority action, labour disputes, accidents, closures or malfunctions of public communication systems or other circumstances and consequences that are beyond our control, that we cannot reasonably account for and that we could neither avoid nor control. In the event a circumstance that falls under this article affect the provision of the services for a period of one (1) month, both you and we will have the right to terminate the agreement, effective immediately. In this event, you will be entitled to a refund of any pre-paid fee for a video consultation that is yet to take place.
You must provide us the email address and phone number for which you wish to receive confirmations, reminders and other notifications from us. In the event your contact details change, you must notify us of your contact details without delay. Other notifications should be communicated via email.
The notification is considered to be delivered:
a) if sent by email or text message; when delivery to the recipient is confirmed
b) if sent by pre-paid mail, two days after submission to the post service; or
c) if sent by courier; upon delivery / acceptance by the recipient.
12. Personal data
13. General conditions
You may not transfer these terms and conditions and/or your obligations or rights hereunder to a third party.
Webbhälsa reserves the right to employ sub-suppliers to fulfil its rights and obligations under these terms and conditions.
14. Legal Proceedings
These terms and conditions are subject to the laws of England and Wales. The Account Holder can bring legal proceedings in the courts of England and Wales. If the Account Holder lives in Scotland he/she can bring legal proceedings in either the Scottish courts or the courts of England and Wales. If the Account Holder lives in Northern Ireland he/she can bring legal proceedings in either the Northern Ireland courts or the courts of England and Wales.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.