(Applicable from 2023-12-15)
These general terms and conditions ("General Terms and Conditions") apply between Doktorse Nordic AB, reg. no. 559058-0089, with address Sveavägen 63, 113 59 Stockholm ("Doktorse") and you as a user of the services and functions described below (the "Customer") (each a "Party" and collectively the "Parties"). By using the Doktor.se application (the "App"), you agree to these General Terms and Conditions.
1.1 Doktor.se is a digital eHealth service platform available through any of the access options that Doktor.se informs from time to time, currently via the Doktor.se app on a mobile device such as a phone or tablet.
1.2 In order to use Doktor.se's services, the Customer must be able to identify himself or herself using an e-identification (Bank-ID). The app may only be used by and for the person to whom the account applies. However, guardians can log in with their own Bank ID and seek care for children for whom the parent is the guardian.
The healthcare that you, as a patient, receive via the app is provided by Doktor.se's wholly owned subsidiary, Vingåkers Vårdcentral AB (556599-4885) or another healthcare provider with whom Doktor.se has an agreement. The relevant company's healthcare provider responsibility is not regulated by these terms and conditions, but follows from applicable legislation such as the Health and Medical Care Act, the Patient Act and the Patient Data Act.
1.3 Doktor.se should not be used in case of emergency care, in which case the Customer should call 112 or go to an emergency room.
2. Responsibility
Doktor.se works exclusively with established healthcare providers who are under IVO's supervision. Doktor.se takes no responsibility for the healthcare providers' performance of their healthcare services and cannot be held responsible for any breach of contract or any shortcomings in quality by these providers.
3. Modification of doktor.se and the services it provides
Doktor.se and the doktor.se app are continuously updated and Doktor.se has the right, without obtaining prior approval from the Customer, to make changes to doktor.se and the app at any time. Such changes may, for example, relate to changes in the technical solution for providing the services or the design and layout of the platform. The changes may mean that certain functions cease, change or are added and/or that the technical conditions for accessing the services are changed.
4. Accessibility
4.1 Doktor.se is responsible for the availability of doktor.se during the contract period. Users normally have access to the doktor.se app itself 24 hours a day, seven days a week, with the exception of any system maintenance (however, this does not mean that healthcare professionals are available throughout this period).
4.2 Doktor.se customer service is normally open on weekdays between 09.00 and 17.00.
4.3 The times when the Customer has the opportunity to meet with healthcare professionals in the app are stated in the information in the app at any given time.
4.4 If the availability of the Services falls below the level in sections 4.1 - 4.2 below, Doktor.se may take the necessary measures regarding personnel and infrastructure to remedy the deficiency. The Customer is not entitled to claim any other penalty.
4.5. Doktor.se reserves the right to temporarily suspend availability at any time for system maintenance and service purposes, such as bug fixes, maintenance and upgrades.
5. The customer's responsibility
5.1 The Customer undertakes to comply with the General Terms and Conditions and any other instructions that Doktor.se publishes on doktor.se.
5.2. The Customer is responsible for the accuracy of the information provided by the Customer in connection with registration and use of the services. Doktor.se is not responsible for any damage that arises due to the Customer having provided incorrect information or not updated the information.
5.3 The Customer must store personal and user-specific information - such as user identity and password or other documents, certificates or devices that can be used to access doktor.se or the app - in a secure manner and not use or disclose this information to any unauthorized person. If the Customer suspects, or should suspect, that such information has come to the attention of an unauthorized person or is otherwise being misused, the Customer is obliged to take immediate action to restrict access to doktor.se or the app and to inform Doktor.se immediately.
5.4 The Customer is responsible for activities undertaken by the Customer. The Customer is thus responsible for, among other things, any transfer of information and electronic documents. The Customer is obliged, in addition to these General Terms and Conditions and any instructions that Doktor.se publishes from time to time on doktor.se, to comply with applicable laws, regulations, government decisions and generally accepted ethical and moral values when using doktor.se, the app and the services. The customer may not use doktor.se, the services or the app in such a way that Doktor.se or others suffer inconvenience or damage. For example, the customer may not use doktor.se, the app or the services to handle electronic documents that infringe the rights of third parties or that may be perceived as offensive or annoying.
6. Price, invoicing and payment
6.1 The fee for healthcare provided via Doktor.se or the app is determined by the relevant Region. We inform you of the fees applicable from time to time on our website and in the app. A prerequisite for you to be entitled to healthcare via the app is that you are entitled to primary care in accordance with Swedish legislation.
7. Contract period and termination
7.1 The Agreement, including the General Conditions, is valid until further notice. The agreement can be terminated by the Customer without notice.
Doktor.se is entitled to terminate the General Terms and Conditions with immediate effect if the Customer fails to comply with an obligation under the General Terms and Conditions.
Doktor.se reserves the right to terminate a Customer's account that has not been used for 24 months.
8. Doktor.se's liability and limitation of liability
8.1 Doktor.se is not obliged to pay compensation due to errors, defects or other breaches of contract on the part of Doktor.se, unless otherwise provided by mandatory law. Doktor.se does not provide compensation for indirect damage (including loss of data) unless the damage has been caused by Doktor.se's gross negligence. For the avoidance of doubt, Doktor.se has no responsibility for care or recommendations given by healthcare providers via the Doktor.se app.
8.2. Doktor.se's liability is under all circumstances limited to a maximum of 0.5 price base amount (i.e. SEK 26,250 based on the 2023 price base amount).
8.3 The Customer is obliged to submit a claim for compensation to Doktor.se without unreasonable delay after the damage was discovered or should have been discovered. If the Customer does not do this, the Customer loses the right to assert the claim.
8.4 The Customer shall indemnify Doktor.se if the Customer has infringed a third party's intellectual property rights or if a third party makes a claim against Doktor.se in connection with the Customer's use of doktor.se, the app or the services.
9. Personal data
9.1 Doktor.se's processing of personal data is regulated in the company's privacy policy, which can be found here.
10. Change of conditions
Doktor.se may amend the General Terms and Conditions without obtaining prior approval from the Customer. Such a change will enter into force, for existing Customers, one week after the change has been introduced on www.doktor.se. By continuing to use the Service, you accept the new terms and conditions. For new Customers, the last published General Terms and Conditions apply immediately.
11. Intellectual property rights
11.1. Doktor.se owns all intellectual property rights to doktor.se (including but not limited to the technical solution and any content therein) collected material published on doktor.se or in the app. These works are protected by copyright and all such rights are reserved by Doktor.se.
11.2. The Customer and the Users may not use any part of Doktor.se's copyrighted material for commercial purposes without first obtaining a license from Doktor.se or from Doktor.se's licensor.
12. Force majeure
If the Party's performance of its obligations under the contractual relationship is impeded or prevented due to circumstances beyond the Party's control and which the Party could not reasonably be expected to have anticipated at the time of entering into the contractual relationship, and the consequences of which the Party could not reasonably have avoided or overcome, this shall constitute grounds for exemption from damages and other penalties.
13. Announcements
Notices under the General Conditions shall be delivered by courier or e-mail to the address provided by each Party. Such notice shall be deemed delivered (a) at the time of delivery (if delivered by courier) or (b) at the time of sending (if sent by e-mail).
14. Assignment and subcontracting arrangements
14.1 Neither Party may transfer its rights or obligations under the General Terms and Conditions in whole or in part without the prior written consent of the other Party, except that Doktor.se may transfer its rights or obligations to another group company.
14.2. Doktor.se has the right to use subcontractors to fulfill its obligations under these General Terms and Conditions.
15. Dispute resolution and applicable law
15.1. These General Conditions shall be interpreted and applied in accordance with Swedish law.
15.2. Disputes arising from the contractual relationship shall be finally settled by a Swedish court.
