General Terms
1. Background
1.1 Arthro Therapeutics is a CE-certified enterprise that provides cloud-based services for support-based self-treatment of osteoarthritis. The services include communication, training and treatment tools for patients and healthcare providers. The services consist mainly of a digital platform, where people suffering from osteoarthritis can go through the Programme and receive ongoing training and treatment proposals for support-based self-treatment. The Service also enables the User to interact with licensed orthopaedists and physiotherapists during the Programme.
1.2 Arthro Therapeutics signs agreements with Healthcare Providers, independent licensed orthopaedists and physiotherapists, as well as employing those who wish to join the Service and thus get in touch with Users via the Service.
2. General Terms and Definitions
These General Terms and Conditions apply between Arthro Therapeutics and each User of the Service. By joining or using the Service, the User agrees to these General Terms and Conditions. By accepting these General Terms and Conditions, the User also confirms that they have read the information in these General Terms and Conditions.
Definitions:
- General Terms and Conditions
refers to these general terms and conditions. - The User
refers to the natural person who registered as a user of the Service. - Account
refers to the personal user-account that the User registers in order to use the Service. - Arthro Therapeutics
refers to Arthro Therapeutics AB, corporate ID no. 556941-9210. - The Healthcare Provider
refers to a private or public healthcare provider or unit within a healthcare provider, such as a healthcare centre, which has entered into an agreement with Arthro Therapeutics for the use of the Service and with which the User communicates via the Service. - The Physiotherapist
refers to a natural person who has joined Arthro Therapeutics’ network of licensed physiotherapists and with whom the User communicates via the Service. The physiotherapist is either employed by the Healthcare Provider, employed by Arthro Therapeutics or is an individual business operator. - The Orthopaedist
refers to a natural person who has joined Arthro Therapeutics’ network of licensed orthopaedists and with whom the User communicates via the Service. The orthopaedists is either employed by the Healthcare Provider, employed by Arthro Therapeutics or is an individual business operator. - Login Details
refers to the information that the User is assigned in connection with the registration of the Account and which is required to access the Service. - The Programme
refers to one of Arthro Therapeutics’ specially developed, interactive and evidence-based programmes for the treatment of osteoarthritis and which is provided digitally via the Service. - The Service
refers to Arthro Therapeutics’ digital software platform, through which the User can go through the Programme and interact with Healthcare Providers, Orthopaedists and Physiotherapists. The Service is provided by Arthro Therapeutics via the Website and the Application. - The Website
refers to the web pages owned or administered by Arthro Therapeutics (included, but not limited to, www.jointacademy.com) and from which the Service is available. - The Application
refers to the mobile application from which the Service is available to the User. - Third-party Application
refers to software or services provided by a party other than Arthro Therapeutics, including those where the rights belong to a party other than Arthro Therapeutics or its group companies and such as are described as a Third Party Application under the General Terms and Conditions. - Third-Party Websites
refers to websites that belong to third parties and which are referred to on the Website or in the Application.
3. Generally about the Service
The service consists of a digital software platform through which the User can get in touch with both Orthopaedist and Physiotherapists on-line, which can in turn guide the User through the Programme. After the Programme, the User also has the option to use the Service to obtain individual suggestions for long-term, support-based, self-treatment of their osteoarthritis.
4. Generally about the Programme
4.1 The Programme is developed by Arthro Therapeutics and relies on evidence-based research. It originates from the project “Better care of patients with osteoarthritis”. Under the Programme, the User receives, among other things, suggestions for individualized exercises and is given the opportunity for interactive coaching from Orthopaedists and Physiotherapists who have joined the Service.
4.2 When the Programme starts, the User has the opportunity to send inquiries to Orthopaedists and Physiotherapists about interacting with the User during the duration of the Programme. The user may also receive requests from Orthopaedists and Physiotherapists to go through the Programme. The Healthcare Providers, Orthopaedists and Physiotherapists that the User has the opportunity to interact with during the Programme may be limited with regard to the existing agreement between the county council within which the User is registered or the User’s insurance company.
4.3 The Orthopaedist or Physiotherapist who accepts a request to interact with the User during the Programme constitutes the User’s contact interface throughout the Programme. Their task is to guide and coach the User while the User is going through the Programme.
5. Registration etc.
5.1 The service is available to the User through the Website and the Application and the use of the Website requires that the User has registered an Account on the Website or the Application and that the registration has been confirmed by Arthro Therapeutics. Registration requires that the User accept these General Terms and Conditions. In connection with the User receiving confirmation from Arthro Therapeutics by e-mail sent to the e-mail address specified by the User, the User enters into an agreement with Arthro Therapeutics for the use of the Service. Arthro Therapeutics uses two-step identification using Bank ID, or other identification option acceptable to Arthro Therapeutics to ensure the User’s identity. In connection with the registration, therefore, the User must provide their name and their social security etc.
5.2 Only legally competent natural persons over 18 years of age are allowed to register an Account. The account is personal and may only be used by the User personally. Multiple registrations under different Accounts are not allowed. In connection with registration, the User shall also undergo an on-line test intended to document the User’s medical condition. Only those Users who, after completing the test, are found to have a documented medical condition, will be allowed to use the Service.
5.3 Upon registration, the User guarantees that the User has the capacity to enter into binding agreements and that the User only provides correct, current and complete information that the registration requires. This data must be accurate and current in all respects. The User has a duty to keep the relevant information in their account updated and correct. If the information changes, the User must correct the information immediately. Arthro Therapeutics has the right to unilaterally, at any time, refuse registration and also change the criteria that apply to registering an Account.
5.4 The User is assigned Login Details when they register. The Login Details cannot be changed by the User. The User is responsible for ensuring that the Account is used solely by the User, and the User therefore has a duty to keep the Login Details protected and not disclose them to unauthorized persons. Users must immediately notify Arthro Therapeutics if any unauthorized party becomes aware of such information that the Users is required to protect under this provision.
5.5 The User has the option to deregister at any time by contacting Arthro Therapeutics through any of the contact details provided in these General Terms and Conditions, or by following the instructions on the Website or the Application. Arthro Therapeutics will then confirm and execute the User’s request without undue delay.
5.6 The agreement and these General Terms and Conditions apply as long as the User has an active Account. The Account is active until the day when (i) the User deregisters as a User, (ii) Arthro Therapeutics blocks the User from the Service, or (iii) when the Service is closed by Arthro Therapeutics for any other reason.
6. Use of the Service
6.1 By registering as a user, the User receives a non-exclusive, non-transferable and fully revocable right to access and use the Service in accordance with these General Terms and Conditions. The User is always obliged to follow the instructions provided by Arthro Therapeutics for the use of the Service.
6.2 The User guarantees that the Service will not be used in a manner or for purposes that are in violation of applicable law or these General Terms and Conditions. The User is responsible for all activities that take place within the scope of their Account. Arthro Therapeutics assumes no responsibility for unauthorised access to the Account resulting from the User’s negligence.
6.3 In accordance with applicable legislation, the User is personally liable for all materials and content generated by the User and which is made available by the User to other users, Caregivers, Orthopaedists, Physiotherapists or third parties. The User is also responsible for ensuring that all material, except such material as provided by Arthro Therapeutics, which is made available by the User through the Service, does not infringe upon any third party’s rights or breach applicable laws or is otherwise likely to damage any third party. The User shall indemnify Arthro Therapeutics in the event that the User’s use of the Service entails liability for damages Arthro Therapeutics in relation to third parties or other Users.
6.4 The User shall comply with the security regulations specified by Arthro Therapeutics regarding the Service at any given time. Arthro Therapeutics is entitled to amend the applicable security regulations at any time. The amendments will come into force immediately after they have been published in the Service. The User has a duty to continuously keep up-to-date regarding the current security regulations.
6.5 In the event of misuse of the Service, the User will be obliged to compensate Arthro Therapeutics for the damage incurred in connection with the abuse. The User shall also compensate Arthro Therapeutics for the damage that arises as a result of the User using the Service in violation of applicable legislation or these General Terms and Conditions.
7. Changes, Updates, limited Access to the Service, etc.
7.1 Arthro Therapeutics does not guarantee any continuous, uninterrupted or secure access to the Service. The service may at any time be disrupted or affected by factors beyond Arthro Therapeutics’ control. Arthro Therapeutics offers no guarantees about the functioning or availability of the Service.
7.2 Arthro Therapeutics has the right to implement updates and new versions of the Service at any time to the extent that Arthro Therapeutics finds appropriate. Arthro Therapeutics also has the right, without prior notice, to make changes of any nature to the Service or to the manner in which the Service is provided.
7.3 Arthro Therapeutics has the right to take measures that affect access to the Service if this is necessary with regard to e.g. technical, maintenance or security reasons. In the event that the use of the Service seriously damages or risks causing serious damage to Arthro Therapeutics, another user, the Healthcare Provider, Orthopaedist, Physiotherapist or a third party, Arthro Therapeutics is entitled to immediately block access to the Service.
7.4 Arthro Therapeutics is entitled at any time to block the User from the Service if the User, according to Arthro Therapeutics’ own judgement, is suspected of breaching the rules that apply for use of the Service or these General Terms and Conditions, or in any other way causes damage to Arthro Therapeutics, the Healthcare Provider, Orthopaedist, Physiotherapist, another user or other person.
7.5 In addition to what is stated above, Arthro Therapeutics is entitled at any time to cancel, terminate or remove all or parts of the Service, including, but not limited to, specific functions or content of the Service and material made available in the Service by the User. Arthro Therapeutics is not responsible for any direct or indirect damage that occurs as a result of the Service being changed, modified, terminated or restricted or that content or material in the Service is removed in any respect.
8. Third Party Applications
8.1 In order to use parts of the Service, the User may be required to have access to such Third Party Applications as Arthro Therapeutics instructs. Users are independently responsible for performing installation and updates of such Third Party Applications as are required for the use of the Service, as well as guaranteeing that the use of Third Party Applications with which the Service is associated, occurs in accordance with the terms and conditions for using the third party application.
8.2 Arthro Therapeutics is not responsible for errors and does not guarantee the functionality of Third Party Applications. Faults in Third Party Applications shall be reported directly to the Third Party Provider.
9. Intellectual Property Rights
9.1 Arthro Therapeutics owns all rights, including intellectual property rights to the Service, including but not limited to software and design, as well as all material and content generated in the Service. The User acquires no intellectual property rights to the Service or any of the material generated in the Service. All such material belongs to Arthro Therapeutics, including material made available by the User. This means, among other things, that Arthro Therapeutics remains the owner of all its intellectual property rights and distinguishing features, such as copyright, design protection, trademarks and other registered and non-registered rights. Nothing in the agreement shall be construed so that any of these rights is wholly or partly transferred to the User.
9.2 The User is not entitled to copy, reproduce, sell, license, distribute, modify, reverse engineer or otherwise make changes to the Service, nor make the Service, or parts of the Service, available to anyone.
10. Third-Party Websites
10.1 The Website or the Application may link to Third-Party Websites. Third-Party Websites are outside the control and responsibility of Arthro Therapeutics. Arthro Therapeutics is not responsible for the content of Third-Party Websites and is also not responsible for any damage that occurs in connection with the use of services found on Third-Party Sites.
10.2 Arthro Therapeutics urges the User and visitors to the Website who click on links to Third-Party Websites to review the terms and privacy policy of those sites. Any use of materials, services or anything that is found on Third-Party Websites occurs at the User’s own risk.
11. Handling of Personal Data and Cookies
Refer to Arthro Therapeutics’ personal data policy for information on how the User’s personal data is handled and how cookies are collected in connection with the use of the Service.
12. Compensation and Payment
12.1 The User pays compensation to Arthro Therapeutics for use of the Service. In some cases, the payment is made by the county council in which the User is registered by the User’s insurance company. In this case, this will be specified in connection with the User’s registration of the Account. The User is obliged to pay compensation to Arthro Therapeutics from the time when the compensation is no longer paid by the county council or the User’s insurance company, or for the part of the compensation to Arthro Therapeutics that is not covered by the county council or the insurance company’s liability for costs under the agreement with Arthro Therapeutics.
12.2 The remuneration to be paid by the User consists of the prices stated for the Service from time to time. Payment is made either by direct payment via the User’s account or credit card, or against an invoice or direct debit. If payment is made against an invoice, payment must be received by Arthro Therapeutics no later than ten (10) days after the invoice date. If payment is delayed, interest on overdue payments will be incurred as specified in the Interest Rates Act (1975:635). Arthro Therapeutics is also entitled to charge the User a reminder fee and collection costs.
12.3 When registering a direct debit, Arthro Therapeutics’ compensation is deducted monthly, no later than the last working day of each month from the account specified by the User. The User is responsible for ensuring that, at the time of payment, there is cover on the account specified by the User. If there is no cover, Arthro Therapeutics will instead issue an invoice for the unpaid amount in accordance with the conditions above.
12.4 In case of repeated delays or in the event of a significant delay in payment, Arthro Therapeutics has the right to block the User from the Service.
13. Arthro Therapeutics’ Responsibility
13.1 The user understands that it is the Healthcare Provider, Orthopaedist or Therapist that the User is in contact with via the Service, who is the responsible Healthcare Provider, and never Arthro Therapeutics. Arthro Therapeutics provides no guarantees that the User’s possible diseases or ailments will be healed or otherwise improved through the use of the Service. The service is not intended to replace the healthcare or treatment that is taking place, or should take place, in physical presence. The user is independently responsible for the contact and the information provided to the Healthcare Provider, Orthopaedist or Physiotherapist. The user is independently responsible for seeking medical care or otherwise getting making contact with the healthcare services in case of illness or injury. The Service is also not intended for the treatment of acute injuries or diseases. Arthro Therapeutics urges the User, in case of acute illness or injury, to contact the nearest hospital or other healthcare provider directly.
13.2 Unless otherwise dictated by the circumstances, Arthro Therapeutics is not obliged to pay compensation for, among other things but not exclusively, loss of income, loss of data or other direct or indirect damages and costs of whatever kind, that are directly or indirectly due on the User’s use of the Service, the material found in the Service or other users’ use of the Service. The limitation of liability thus also applies to the User’s possible liability for costs to third parties.
13.3 Arthro Therapeutics’ total liability for damages shall, except in connection with intent or gross negligence, be limited to three (3) times the price base amount that applies when the damage occurs. In order to be valid, the User’s request for compensation must be made within two (2) months of when the damage is discovered or should have been discovered.
14. Force Majeure
With the exception of cases where a party has acted with gross negligence, a party is always exempt from liability for breaches of the agreement caused by events outside the party’s control, such as lightning strikes, fire, power outages, strikes, war, mobilization or extensive military call-up, requisition, seizure, state provision, measure adopted by a public authority, newly introduced or amended legislation, labour-market conflict and comparable circumstances.
15. Communication and Contact Information
The User accepts that all communications from Arthro Therapeutics, including but not limited to messages and other information for the purpose of the Service, may take place electronically. Users have the option to contact Arthro Therapeutics, taking into account the following information:
Adress: Address: Arthro Therapeutics AB Västergatan 22 211 21 Malmö E-mail: [email protected] Telephone: +46 (0)725 48 04 00
16. Notifications
Arthro Therapeutics has the right to send messages to the User through the Service. Such messages shall be deemed to have been received by the User in connection with Arthro Therapeutics making the message available to the User in the Service.
17. Change of Terms
Arthro Therapeutics reserves the right to amend or supplement these General Terms and Conditions at any time. Any changes will come into force no later than seven (7) days after the change has been published on the Website or the Application, or the User has been made aware of the change in some other way. The user is deemed to have accepted the new terms if use of the Service takes place after these seven (7) days have expired.
18. Applicable Laws and Dispute Resolution
These General Terms and Conditions are subject to Swedish law. Disputes arising in connection with the agreement shall be settled in a public court, with Malmö District Court as the first instance.