Kompetensjouren

Kompetensjouren

General Terms and Conditions

By accepting these general terms and conditions (“GTC’s”), you are entering into a legally binding contract with Conpetence AB., reg. no. 559271-3092

with registered address Kistagången 12, 164 40 Kista, e-mail: info@getconpetence.se (“Conpetence”), for the use of the Application as defined below.

1. Definitions

Agreement

refers to these GTC’s, the Privacy policy the Cookie policy and any additional terms as specifically indicated in these GTC’s or may be provided when the User engages with a feature of the Application.

Application

refers to Conpetence’s application for the use of the Services.

Confidential data

All profile information provided by the User except for name, profile picture, title/areas of expertise, the User’s personal description and where applicable link to the User’s LinkedIn profile.

Controller

refers to the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Expert

refers to a User of the Services who signs up in the capacity of a professional offering advice.

Live Consultation

refers to a live streamed audio or video call between an Expert and a Requester.

Party/Parties

“Party” refers to each party to this Agreement separately and “Parties” refers to the parties jointly.

 

Personal data

refers to any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

Requester

refers to a User of the Services who signs up in the capacity of a professional seeking advice.

Services

refers to the services provided through the Application as defined in section 2 below.

Service fee

A fee, including taxes, to be paid by the Expert to Conpetence for each Live Consultation, as specified in section 4.

User

refers to a user of the Application, whether an Expert or a Requester.

2. About the Services

Conpetence provides a communication platform (“the Services”) that allows professionals to connect and exchange knowledge and experiences within their field of expertise through Live Consultations.

The User may choose to register a profile either as an Expert or as a Requester through the Application. A Requester can browse through available Experts and choose to contact him/her for the booking of a Live Consultation through a synchronized calendar. The Requester’s use of Live Consultations is subject to a fee specified by the Expert, whose use of the Live Consultation feature is subject to a Services Fee. More information on the payment process can be found in section 4 below.

3. Terms of use of the Application

The Application may only be used by natural persons who are 18 years or older and of legal capacity to enter into contracts.

The User agrees to sign up in their real name and to at all times only provide truthful, up-to-date, information in the Application, including through the Services.

The User furthermore agrees not to use the Application for illegal purposes or to the prejudice of any entity’s or individual’s rights (including data protection rights and intellectual property rights).

The User is responsible for the accuracy, non-infringement and lawfulness of the content provided in the Application or through the Services, including but not limited to any statements of professional qualifications, as well as for the lawful use of the Services through their account. For terms regarding the processing of personal data, see section 6.

Before the User can take advantage of the Live Consultation feature, he/she must fill out the necessary profile details as indicated in the Application.

4. Payment

The downloading of the Application is free of charge.

The Requester’s use of the Live Consultation feature is subject to a remuneration rate, including taxes and fees, as specified by the Expert. The Expert’s use of the Live Consultation feature is subject to a Service Fee to Conpetence. Such Service Fee amounts to a percentage of the total sum owed by the Requester to the Expert for each Live Consultation.

When the Requester books a Live Consultation, he/she may be asked to enter his/her payment details and a sum corresponding to the elected meeting length is drawn from the Requester’s account. The amount is then stored with Conpetence’s payment partner Stripe until the Live Consultation is completed, whereby it is transferred to Conpetence who, in turn, transfers the due amount to the Expert. The service may be free of charge for the user when his/her employee is providing the service. In such case the payment occurs between Conpetence and the organization providing the service for their employees. 

Traffic charges to the User’s mobile operator or Internet service provider may apply.

If the Requester wants to request a refund for a Live Consultation, he/she shall e-mail Conpetence to the e-mail address specified in section 14.

5. Cancellation Right

The downloading of the Application is free of charge and the Application as well as the account can be deleted at any time, see section 10 for more details. The use of the Live Consultation feature is subject to a fee as set out in section 4. The User will only be charged for the Live Consultation fully delivered to him/her and the User agrees there is no cancellation right for such delivered Live Consultation. Where the User is dissatisfied with a Live Consultation, the User may however, at the sole discretion of Conpetence, be awarded a full refund.

6. Personal Data and other information

Conpetence is the Controller of the User’s Personal Data only to the extent the Personal Data is provided to Conpetence for the registration of an account in the Application. To understand how Conpetence uses a User’s Personal Data, please read our Privacy policy and Cookie policy, which constitute an integral part of this Agreement.

The User should be advised that information, with the exception for Confidential Data, may be seen and spread outside the Services by other Users.

The User is responsible for the lawfulness of the processing of Personal Data and other information that he/she otherwise processes through the use of the Application, including the Services. Personal data may not be transferred or processed without the data subject’s express consent or basis on another legal ground, including by way of text, image or voice. The User shall at all times anonymize sensitive data (i.e. special categories of personal data).

The Application is not a storage service and Conpetence may at any time and at its sole discretion remove any information published on the Services.

7. Intellectual Property

Conpetence reserves all of its intellectual property rights in the Application. By using the Application, the User is not obtaining any ownership or other rights in the Application or the content therein.

The User warrants not to share information that infringes on any entity’s or individual’s intellectual property. The User is fully liable for any such occurred infringement and shall indemnify Conpetence for any damages or losses resulting therefrom in accordance with section 8.

8. Liability

The User shall fully indemnify and hold harmless Conpetence for any damages incurred by the User’s breach of the Agreement.

9. Disclaimer and limitation of liability

A consumer has certain legal rights that oblige Conpetence to provide the Services with reasonable care and competence. The following is not a limitation of liability from any breach of contract by Conpetence.

9.1 User generated content

Conpetence shall not be liable for the lawfulness or accuracy of any User generated content in the Application or through the Services.

9.2 Warranties

Conpetence disclaims, to the extent allowed by law, any and all implied warranties and representations, such as accuracy of data, fitness for a particular purpose or non-infringement.

9.3 Limited access to the Services

The Services, the Application and the information therein are provided on an as-is and as-available basis and Conpetence does not guarantee that the Services or Application will function without interruption or errors.

9.4 Limitation of liability

Conpetence shall not be liable to the User or a third party for any indirect damages, including but not limited to loss of data, reputation, profits or revenues, from using the Application.

In no event shall the liability of Conpetence exceed the Service Fee paid for the Live Consultation on the basis of which the claim for damages was made.

10. Termination of the Services

Both Conpetence and the User may terminate this Agreement at any time and without notice period to the other Party. If this Agreement is terminated, the User will no longer be able to access or use the Application. To terminate the Agreement, all the User has to do is delete the Application and notify Conpetence through e-mail that he/she wants the account deleted.

Certain provisions of this Agreement shall survive the termination of this Agreement:

  1. Section 8, 9, 11, 12 and 13 of this Agreement.
  2. Any amounts owed by either party to the other shall remain owed after termination.
  3. Conpetence’s rights to use and disclose feedback from Users.

11. Important details about this Agreement

11.1 Entire agreement, change of terms and validity

This Agreement is the only agreement between the User and Conpetence regarding the Application.

Conpetence may from time to time change the Application or features therein and/or the terms of this Agreement. If Conpetence makes material changes, the User will be notified through the Application. If the User does not consent to the new terms, the User may discontinue the use of the Services by deleting the Application as set out in section 10 above.

If any provision of this Agreement or part thereof is found by a court to be invalid, this shall not affect the remaining provisions of the Agreement, unless the obligations of a Party without the invalid part of the agreement are or will become unreasonably burdensome.

11.2 Waiver

The non-enforcement of any provision contained in this Agreement shall not be construed by the User as a waiver of Conpetence’s right to enforce the provision at another time under different circumstances.

11.3 Assignment or Transfer

The User may not without the prior written consent of Conpetence assign or transfer this Agreement or his/her membership or use of the Services to anyone. Conpetence may, however, without the User’s consent, assign or transfer this Agreement to its affiliates or a party that purchases it.

12. Communication

12.1 Communication from Conpetence

All communication from Conpetence to the User shall be sent:

  1. through the Application, or
  2. to the contact information the User has provided Conpetence, such as e-mail, phone number or physical address.

The User agrees to keep his/her contact information up-to-date.

12.2 Communication from The user

All communication from the User to Conpetence shall be sent by e-mail or by post to the address set out in section 14.

12.3 Delivery of message

The message shall be deemed to have been received by the recipient

  1. if sent through the Application or by e-mail: upon successful technical delivery,
  2. if delivered by phone or courier: upon delivery, or
  3. if sent by registered mail: three (3) days after delivery for postal service.

13. Complaints, disputes and applicable law

If you have a complaint about the Services, we ask you to first contact Conpetence directly either by e-mail with the reference “Complaint” or by post to the contact information set out in section 14.

If you are not satisfied with our response and you want to take your complaint further, you may turn to the National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden (“ARN”)), which acts similarly to courts and issues non-binding recommendations on how a dispute should be solved. The process is free of charge and the complaint can be sent to arn@arn.se.

Another recourse for dispute resolution is the Swedish general courts, whereby this Agreement shall be governed by, construed and enforced in accordance with the substantive laws of Sweden excluding its choice-of-law principles.

14. Contact Information

Conpetence AB

Kistagången12
164 40 Kista
E-mail: info@getconpetence.se
Phone: +46739327484

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