Términos y condiciones del servicio de asesoramiento

1. Terms for the Advisory Service

Parties: The terms for the Advisory Service ("Advisory Terms") apply between Alex AB (publ) with organization number 559338-7698 (referred to as the "Provider") and the User who makes a booking of the Advisory Service.

Scope: These terms apply to the Advisory Service. Supplementary terms related to the Advisory Service are also stated in the current User Terms for the Application, which the User has committed to following during the registration of the User Account. The current User Terms are published in the Application and on the Website via the following www.alexapp.se.

Age limit: The User must be at least 18 years old to have the right to make the booking of the Advisory Service. By accepting these Advisory Terms, the User certifies that they are at least 18 years old and have the right to independently enter into this legally binding agreement.

Authorized signatory: If the User represents a business entity/legal person/organization ("Business Entity"), the User hereby certifies that they have the authority to enter into legally binding agreements on behalf of the represented Business Entity (power of representation) and that these terms shall be binding between the Provider and the represented Business Entity. The Business Entity is fully responsible for its Users' use of the Application and/or the Advisory Service and is responsible for any breach of contract by its Users.

Term of agreement: The Advisory Terms become binding when the User receives a booking confirmation and apply until the completion of the Advisory Service. Provisions regarding, among other things, confidentiality, intellectual property rights, dispute resolution, and any other provisions that expressly or by their nature are intended to apply even after the completion of the service, shall continue to apply even after the completion of the Advisory Service.

 

2. Definitions

Website: refers to

Application: refers to the application app aLex on the App Store or Google Play and the web app at www.alexapp.se

User: refers to the person using the Application. The User can be a consumer or a Business User.

Business User: refers to a trader/legal person/organization using the Application and/or purchasing the Advisory Service.

User Account: refers to an identity in the Application that identifies a User and provides the User with access to the Application's features.

Third Party: refers to anyone other than the User, the Advisor, or the Provider.

Advisor: refers to a person who provides the Advisory Service.

Advisory Service: refers to a video meeting with an Advisor through the Application.

Payment Service Provider: refers to a Third Party that processes payments from Users on behalf of the Provider through the available payment methods provided by such Third Party in the Application.

Personal Data: refers to any information that, directly or indirectly, alone or in combination with other information, can be linked to an identified or identifiable living natural person, it is Personal Data according to the GDPR. Common examples of Personal Data are: name, phone number, address, email address, profile picture, user ID, credit card number, etc.

Processing: refers to anything that is done with Personal Data, automated or otherwise, it is a form of Processing. Processing of Personal Data can be done in different ways, including through a single action or a combination of different actions. Common examples of Processing of Personal Data include: storage, deletion, sharing, retrieval, recording, copying, collection, organization, use, adjustment, de-identification, etc.

GDPR: refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

 

3. Booking Terms

Booking: Booking a video meeting with an Advisor ('Consulting Service') is done through the Application. The Provider sends the booking confirmation to the email address that the User has registered in the Application. Reminder notification about the booking is sent via push notification through the Application, provided that the User has activated the push notification feature.

User Cancellation

A booked video meeting with an Advisor can be canceled free of charge up until twelve (12) hours before the meeting is scheduled to take place. If cancellation occurs within the aforementioned time, the Provider will refund the payment made for the Consulting Service without undue delay, but no later than within 30 days. The refund will be made in the same way as the original payment.

The User hereby agrees that the User has no right to a refund of the paid amount for the Consulting Service if the User:

  1. cancels a booked video meeting with an Advisor later than twelve (12) hours before the meeting is scheduled to take place, or
  2. does not show up for the booked meeting (no-show).

Cancellation is done in the Application by selecting the menu item 'Profile' and then 'My bookings', where the User can see their upcoming bookings. By selecting the booking to be canceled, a possibility to click on 'Cancel' is displayed. Cancellation cannot be done by email or phone.

Provider Cancellation: If the Advisor is unable to conduct the video meeting at the scheduled time, for example due to illness or accident, the Provider has the right to cancel the meeting, and in such cases, the User can choose between one of the following options:

  1. a new time on the same day, but with a different Advisor (this refers to rescheduling, and the User is not entitled to a refund when rescheduling),
  2. a new time with the same Advisor when they have returned to work (this refers to rescheduling, and the User is not entitled to a refund when rescheduling), or
  3. refund of the amount paid for the missed video meeting (refund will be made without undue delay, but no later than within 30 days. The refund will be made in the same way as the original payment).

No Right of Withdrawal: According to the Distance and Off-Premises Contracts Act (2005:59), there are various exceptions that specify when the right of withdrawal does not apply. Among other things, there is no right of withdrawal for a service provided on a specific day or time period. The booking refers to a Consulting Service provided on a specific day and/or time period. This means that the right of withdrawal does not apply according to the exception from the right of withdrawal specified in the Distance and Off-Premises Contracts Act (Chapter 2, Section 11, Point 12). However, the User has the right to cancel the Consulting Service according to the cancellation policy specified above.

 

Price and payment terms

Price: The price for the Advisory Service is provided in the Application before the booking is made. The price is stated in Swedish kronor and includes VAT.

Payment terms: Payment for the Advisory Service is made in advance, before the video meeting begins. It is only possible to start a video meeting with the Advisor after payment has been made.

Payment: Payment can be made through the available payment methods offered via the Application by the integrated Payment Service Providers. The User is hereby informed that the User accepts the Payment Service Provider's terms and the Processing of Personal Data that the User provides in connection with the booking when the User makes a payment via the Payment Service Provider's payment service. The User is responsible for reading the Payment Service Provider's terms before completing the purchase.

 

Specific provisions

Prohibition: The User may not record or stream video meetings, or take screenshots of the Advisor during a video meeting.

Right to the consultation: The consultation is provided only to the User who has made the booking. The User may not make a booking through their User account on behalf of another person.

Consultation insurance: The Provider has taken out consultation insurance.

Advisors: All Advisors have the necessary education and qualifications to perform the consultation and are employed or contracted by the Provider.

Assessment: The User is hereby informed that the quality of the consultation is influenced by the information provided by the User. The Advisor's assessment is based on the information provided by the User. In order for the Advisor to make a well-founded assessment, the User needs to answer the Advisor's questions and provide information to the Advisor that is of essential importance to the matter and that may be important for the Advisor to know.

 

4. Confidentiality

All Advisors work under confidentiality and are not authorized to disclose what they have become aware of regarding individuals' personal circumstances.

By "personal circumstances" is meant, for example, information about a person's or their close relatives' finances, general health condition, general work ability, character, family relationships, address, or telephone number.

"Not authorized to disclose" means, among other things, a prohibition on discussing individuals' personal circumstances with persons who are not involved in the matter. As a general rule, the Advisor may only discuss a case with other Advisors if it is necessary to fulfill their duties.

Information covered by confidentiality can be provided orally, in writing, electronically or in any other way, and confidentiality applies regardless of whether the information is marked as confidential or not.

Exceptions to confidentiality: However, the Advisor has the right to disclose confidential information in the following cases:

  1. Consent: If the person to whom the information pertains waives confidentiality by consenting to the disclosure of the information.
  2. Obligation under law, regulation, authority decision or court decision: If there is an obligation to report or provide information under law, regulation, authority decision or court decision.
  3. Damage and disadvantage assessment: If it is deemed "clearly evident" that certain information does not affect an individual or their close relatives (the assessment should be based on the affected person's own experience).
  4. Necessary: If it is necessary to disclose information in order for the Provider's operations and/or the Advisory Service to be fulfilled.
  5. Suspicion of offense: If there is suspicion of a criminal offense, a report can be made to the police.
  6. Emergency: If the disclosure of the information is necessary to, for example, avert danger to life or health.
  7. Authorities: If it is apparent that the interest of providing certain information to an authority takes precedence over the interest that confidentiality should protect.

 

5. CLAIM

The user's claim regarding errors in the Advisory Service shall be notified to the Supplier within a reasonable time from when the user noticed or should have noticed the error. The Advisory Service shall be deemed defective if it deviates from what has been agreed. Notice of a claim by complaint that is made within two (2) months of the user noticing the error shall be deemed to have been made in good time.

If the user wishes to make a claim, the user shall send an email to the Supplier via the following email: kundservice@alexapp.se with information about the user's name/company and a description of the error/complaint. However, claims may not be made later than three (3) years after the completion of the assignment.

The following applies to users as consumers:

      • The user is entitled to the following actions if the Advisory Service is defective without it being due to circumstances attributable to the user:
      • claim that the defect be remedied, provided that it does not entail costs or inconveniences to the Supplier that are unreasonably large in relation to the significance of the defect for the user, or if remedial action is not taken,
      • withhold payment, or
      • right to make a deduction from the price, or
      • terminate the agreement,
      • the user may also be entitled to compensation.

The following applies to Business Users:

The Business User is only entitled to the following actions if the Advisory Service is defective without it being due to circumstances attributable to the Business User:
claim that the defect be remedied, provided that it does not entail costs or inconveniences to the Supplier that are unreasonably large in relation to the significance of the defect for the user.
The Business User hereby certifies that it approves that no other actions than remedial action can be invoked with regard to defects or deficiencies in the performed Advisory Service.

 

7. Especially about remedies

If the Supplier offers to remedy the defect without delay after receiving the complaint, and the User has no special reason to reject the offer, the Supplier may remedy the defect even if the User does not demand it.

The remedy shall be carried out within a reasonable time after the User has given the Supplier the opportunity to do so. The remedy shall be free of charge, except for costs that would have arisen even if the Service had been performed without error or if the defect is due to an accident or other comparable event.

Processing of Personal Data

The Supplier processes all Personal Data in accordance with the EU data protection legislation (GDPR). More information about the Supplier's Processing of Personal Data can be found in the Supplier's privacy policy.

Force Majeure

The Supplier is exempt from liability and other obligations if damage, loss, or failure to perform its contractual obligations is due to an obstacle beyond the Supplier's control that the Supplier could not reasonably have expected or whose consequences the Supplier could not reasonably have avoided or overcome (“Force Majeure”). The same applies if a subcontractor to the Supplier is affected by an obstacle referred to in this paragraph. Force Majeure shall include, but not be limited to: epidemic, pandemic, government decision, government action or omission, labor dispute, lightning strike, fire, war, terrorist attack, interruption of energy supply, mobilization, new or amended legislation and other similar circumstances.

If the User has been unable to carry out a scheduled video meeting on the designated date and time of the meeting due to Force Majeure affecting the Supplier or the Supplier's subcontractor, the User is entitled to rescheduling or a refund of the prepayment amount for such scheduled but not completed video meeting. The User is not entitled to any further compensation or other compensation from the Supplier.

 

8. Assignment

The Supplier has the right, in whole or in part, to transfer and/or assign these Advisory Terms, its rights and/or obligations under these Advisory Terms, to any other natural or legal person without the User's consent.

The User does not have the right, in whole or in part, to transfer and/or assign these Advisory Terms, its rights and/or obligations under these Advisory Terms, to any other natural or legal person without the prior written approval of the Supplier.

Changes

Term Change: The current Advisory Terms are published in the Application. The Supplier reserves the right to freely change the Advisory Terms from time to time, and the User is responsible for keeping up to date with the current Advisory Terms. If the User does not agree to the updated Advisory Terms, the User may not use the Application and must terminate the User Account. If the User has been unable to carry out a scheduled video meeting on the designated date and time of the meeting due to the User's non-acceptance of the term changes, the User is entitled to a refund of any prepayment for such scheduled but not completed video meeting. The User is not entitled to any further compensation or other compensation from the Supplier.

Invalidity of Provisions

If any provision of the Advisory Terms is found to be wholly or partially unenforceable or invalid by a court of general jurisdiction, an arbitration tribunal, or the Swedish Consumer Complaints Board, this shall not mean that the Advisory Terms as a whole are invalid. Instead, the relevant provision in other respects and all other provisions of the Advisory Terms shall remain in force, and the Supplier shall make the necessary changes to the Terms and Conditions to maintain the purpose, structure, and spirit of the Terms and Conditions.

Governing Law and Dispute Resolution

Applicable Law: The Advisory Terms shall be interpreted in accordance with Swedish law and regulations.

Alternative Dispute Resolution Method: Disputes arising between a User in their capacity as a consumer and the Supplier shall, in the first instance, attempt to be resolved between the Parties. The consumer always has the right to turn to the Swedish Consumer Complaints Board (ARN, www.arn.se, mailing address: Allmänna Reklamationsnämnden Box 174, 101 23 Stockholm), which offers an alternative dispute resolution for consumer disputes. In addition, the consumer can submit complaints online through the EU Commission's digital platform for dispute resolution (EU ODR) through the following link: ec.europa.eu/consumers/odr. The Buyer also has the right to contact the Swedish Consumer Ombudsman (ko.se).

If the Supplier does not reach a solution to the dispute with the consumer through any alternative dispute resolution method, the dispute may be tried and finally settled by a court of general jurisdiction in Sweden, unless otherwise provided by mandatory legislation.

General Jurisdiction: If the User is a representative of a Trader, any dispute with the Supplier shall be finally settled by a court of general jurisdiction in Sweden.

If the User has any questions or concerns regarding these Advisory Terms, the User can contact the Supplier using the contact information provided below.

Company: Alex AB (publ)

Reg. No: 559338-7698

Email: info@alexapp.se

Address: Birger Jarlsgatan 36, 114 24 Stockholm

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