Terms and Conditions
These general terms, hereinafter referred to as the “Terms and Conditions”, is to be applied between Nordic Executive Medicine AB (559076–6381), hereinafter referred to as “NEM” and the customer, hereinafter referred to as “Customer” who has signed an agreement “Agreement” with NEM.
The Customer is also responsible for ensuring that those who, because of the Agreement, use the Products defined in §1, hereinafter referred to as “End Users”, shall comply with the contents herein.
NEM, End User and the Customer are hereinafter also referred to individually as “Part” and collectively as “Parties”.
§1 Products/Health as a service
NEM offers a “Health as a service” solution, through NEM, together with third-party supplements. End Users can get health advice from NEM, through physical and/or digital meetings with a licensed professional, for example a doctor, in the General Terms and Conditions defined as “Service”. By signing a separate End User Agreement, End Users can also collect individual health data and assign NEM these, for use in its health advice.
NEM also offer recommendations of various goods, herein defined as “Goods” distributed by partners to NEM, directly through NEM and/or external independent party. The goods provided are specified in the Agreement and by ongoing agreement between the Parties. These are mutually defined as “Goods”.
The Goods and the Service are jointly defined as the “Products”.
The health care End Users receive through the Products, are provided by NEM or another care provider with whom NEM has an agreement. NEM’s care provider liability is not regulated by these conditions, but instead follows from the applicable legislation, such as the Patient Act, the Patient Data Act, and the Health and Medical Care Act. In the event of an urgent need for care, End Users shall always call 112 (or other local emergency number) or seek emergency care in the firstly.
§3 Signing the Agreement
The Customer enters an agreement with NEM, in the Terms and Conditions referred to as the “Agreement”, when the Customer buys one or more of the Products in §1 through the website www.nem.health. By signing, the Customer accepts the Terms and Conditions.
If the Customer has previously had an equivalent to the Agreement with NEM, which has been terminated resulting from a breach of something specified in the Terms and Conditions, special permission must be obtained from the Customer at NEM before signing the Agreement.
§4 Contact information
The Customer and End User are responsible for ensuring that the contact information provided at the conclusion of the Agreement is correct, and undertake to immediately update their contact information with NEM throughout the period of the Agreement. Changes must be notified to [email protected] without delay.
§5 General information about the use of the Products
To use the Products, the End User must be at least eighteen (18) years old. The products may only be used by and refer to the person or persons covered by the Agreement and signs the End User License Agreement when registering. This is apart from legal guardians, who may, where applicable, seek care for children (under the age of 18) for whom they are the legal guardian. In this case, the guardian holds the responsibility as the End User.
The End User is responsible for any action taken on its behalf, through the Products provided and its use of the Products. NEM is not responsible for third-party misuse of the Products or for consequences and any damages thereof.
End users are responsible that the Products are being used, in accordance with the Terms and Conditions, other conditions stated in/on the Products and any applicable law. End user is solely responsible for the information shared on or via the Products and is thus solely responsible for the content therein.
By entering into the Agreement, and where applicable also signing the End User License Agreements, End User and the Customer confirm and accept that the specified contact information is used by NEM, to contact the End User and the Customer via e-mail and telephone with important information regarding the services and/kr changes in the Agreement, in accordance with §14.
End users must use the provided Goods in accordance with the product descriptions, manuals and similar that accompany the Goods.
Information and offers published or provided by NEM are a complement to medical advice and are not intended to be used in lieu of a physician’s assessment, diagnosis or treatment of illness. Use of the Products is only a complement to the standard care and is intended as an aid for the standard care, to provide effective care to its patients.
§6 Prices, invoicing and payment
Prices and fees for the Products are stated when purchasing the product. Upon purchase of NEM360 the fee will be charged monthly. NEM reserves the right to charge fixed fees in advance as specified in the Agreement. Any variable fees and/or additions, NEM has the right to charge in addition.
In the event of non-payment by the Customer, NEM has the right to immediately cancel all its services, until payment has been made. If the Customer’s payment is more than 30 days late, NEM has the right to terminate the Agreement immediately.
§7 NEM’s responsibilities and limitations of liability
NEM aims to have high availability. End users and the Customer shall have reasonable opportunity to get in touch with NEM and use the Service. With restriction to what is otherwise stated in the Terms and Conditions, NEM is responsible for the Service being available during reasonable amount of time. Regarding third-party apps and other goods or products the respective product’s availability applies.
NEM is not responsible for content linked to or from the Products or NEM’s website https://nem.health.
NEM is not responsible for interruptions in the Availability of the Products caused by (1) faults in the Customer’s equipment and networks or faults in third-party products that NEM cannot remedy. (2) Other circumstance for which the Customer is responsible, or NEM is not responsible for, in accordance with the Terms and Conditions. (3) Virus or other security attack despite NEM’s protective measures.
NEM is only responsible for the data and advice that NEM itself provides through the Products. NEM is not responsible for any data and advice from third parties.
Interruptions and/or errors in the Products must be reported to NEM without delay via [email protected]. NEM has the right to remedy interruptions or errors at its own expense if this can be done within a reasonable time and without significant inconvenience to End Users. If the issue cannot be solved, the Customer is entitled to a reasonable price deduction/cost compensation. This, except for what is otherwise stated in the Terms and Conditions.
NEM is not responsible for interruptions or errors that are due to the End User, the Customer or any other relationship for which the End User or the Customer is responsible. Furthermore, NEM is not responsible for any form of personal injury or other consequences that may be the result of direct, or indirect use or misuse of information provided through the Products. NEM’s liability is in any case limited to liability for proven direct damage and to a maximum amount corresponding to twenty-four thousand (24,000) SEK. NEM is thus not liable for consequential damages, lost profits, expected savings and/or other indirect damages.
§8 Responsibilities of End users and the Customer
The customer undertakes to follow the Terms and Conditions and any other instructions specified by NEM. The customer is also responsible for the End User doing the same.
End User and the Customer are responsible for the accuracy of the information provided by the End User and the Customer in connection with the registration and use of the Products. NEM is not responsible for any damages that arise as a result of the End User or the Customer providing incorrect information or otherwise not complying with the Terms and Conditions.
End User and the Customer undertake to keep everything NEM provides as a result of the Agreement, in a secure manner and not to use or disclose this information to unauthorized persons. If the End User or the Customer suspects, or should suspect that such information has come to the attention of unauthorized persons or is in another way misused, the End User and the Customer are obliged to take immediate action to restrict access to the Products, and inform NEM via [email protected].
The End User and the Customer are responsible for all activities undertaken by each Party, such as the provision of data and the use of the Goods. End users and the Customer are responsible for following any instructions from NEM and complying with applicable laws, rules and government decisions, as well as ethical and moral values when using the Products. End users may also not use the Products in such a way that third parties suffer inconvenience or damage, or in such a way that infringes on third party rights.
§9 Intellectual property rights, etc.
Ownership, copyright, and all other rights to NEM’s trademark, company, product design and other documents used and/or provided by NEM belong to NEM, or where applicable, its subcontractor. NEM thus reserve the exclusive rights to use this material and at the same time prohibits any copying, alteration, transfer and/or other use of this information and these documents. End User and the Customer confirm and accept that unauthorized use of NEM’s intellectual property rights constitutes a violation of the Agreement and may be criminal. NEM reserves the right to take legal action in the event of such unauthorized use of NEM’s intellectual property rights.
Any intellectual property rights that arise as a result of the Agreement shall accrue to NEM, with exclusive rights, including free onward transfer and sublease.
End users have the right to cancel a meeting with NEM free of charge, up to 24 hours before the booked video meeting and 48 hours before the booked physical meeting. If cancellation is made according to the above, any payments must be refunded within 20 days. If canceled by the End User later than stated above in this paragraph, the Customer is still liable for payment and waives the right to any refund.
§11 Unauthorized use
End User and the Customer do not have the right to carry on information, components, documents, etc. in any way from the Products, unless otherwise specifically stated, or with the written approval of NEM.
NEM reserves the right to, at any time without liability for any consequences, suspend End User’s right to the Products, or take other similar measures in the event of End User’s or Customer’s breach of contract, or when End User’s use of the Products risks the Products reliability. In this case, NEM also has the right to immediately terminate the Agreement without the requirement of repayment.
If the End User or the Customer has violated the Agreement, applicable law, or otherwise used the Products in an illegal or unauthorized manner, the Customer is obliged to compensate and hold NEM indemnified from any damage NEM has been caused by this.
§12 Contract period and termination
The agreement is valid for twelve (12) months from the date of entering the Agreement in accordance with §3 if the Products have a continuous subscription with monthly payments. Subsequent to these twelve months, the agreement continuous automatically if neither NEM nor the Customer terminate the agreement. The notice period is three (3) calendar months from the date of ending the contract.
The customer is never, because of termination, entitled to a refund of payments already made.
NEM has the right to terminate the Agreement for immediate cancelation if the End User or the Customer, violates the Terms and Conditions and does not within three (3) calendar months from written notice thereof correct the violation. In the event of such termination, End Users will be suspended from using the Products and stored information about End Users and the Customer shall be promptly deleted.
§13 Right of withdrawal
You have the right to withdraw from this agreement without giving any reason within 14 days if the service has not been used. The service is considered to be used when the End User has used the service such as the chat, email or calls with staff, schedule of blood work, schedule of physician consultation or similar.
The withdrawal period expires 14 days following the day You entered the Agreement.
To exercise the right of withdrawal, you must inform us via one of the following contact channels of your decision to withdraw from this contract by an unequivocal statement via email to [email protected] or via post to:
Nordic Executive Medicine AB
753 20 Uppsala
You may use this attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the cost of returning the goods, maximum 200 SEK. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you have requested the services to begin already during the withdrawal period you will pay a fee in proportion to your received service until you notified us you intention to withdraw from the agreement.
§14 Development and changes in conditions
NEM reserves the right to make changes to the Products. Goods- and Service Development may, for example but not limited to, refer layout, functionality, and content. By continuing to use the Products, the Customer and End User accept any changes to the Terms and Conditions that these changes entail.
The Customer has the right to terminate the Agreement for immediate cancellation in the event that NEM’s changes in the Products are to the significant detriment of the End User or the Customer, which can be demonstrated.
NEM has the right to change the Terms and Conditions, with notification no later than 30 days before the change. Changes must be presented on NEM’s website and/or via e-mail. End User and the Customer are responsible for keeping up to date on these changes. By continuing to use the Products, the End User and the Customer are automatically deemed to have approved the changes.
§15 Force Majeure
If a Party’s performance of its obligations under the Agreement is hindered or prevented due to circumstances beyond the Party’s control, and which the Party could not have reasonably foreseen when the Agreement was signed, and the consequences of which the Party could not reasonably have avoided or overcome, this shall provide grounds for exemption from damages and other penalties.
Each Party undertakes to observe full confidentiality during the term of the agreement, regarding all information received from the other Party and which is stated to be or is obviously confidential. And not to use such information in any other way than to achieve the Party’s obligations under the Agreement. Information that is generally known before entering into the Agreement shall not be considered confidential.
NEM is responsible for ensuring that the confidentiality obligations are observed by its employees as well.
§17 Transfer and subcontractors
Neither Party may transfer all or part of its rights or obligations under the Terms and Conditions without the other party’s written consent. Except that NEM may transfer its rights or obligations to another company within the same group.
NEM furthermore has the right to engage subcontractors to fulfill its obligations under the Agreement.
§18 Personal Data
More information on how NEM handles and processes personal data is available at: https://nem.health/privacy-policy/.
The Agreement and the Terms and Conditions shall be interpreted and applied in accordance with Swedish law. Disputes due to the Agreement and the Terms and Conditions shall be decided in a general court with Uppsala District Court as the first instance.
Should any provisions of these Terms and Conditions be invalid, this shall not result in all provisions being invalid. To the extent that the invalidity significantly affects the Parties’ rights/obligations under the Agreement, a reasonable adjustment shall instead be made.