- Denna sektion innehåller
- Meela´S GENERAL TERMS AND CoNDITIONS FOR THERAPISTS
- 1. General
- 2. About Meela and the Service
- 3. Therapist Account
- 4. The Therapist´s Obligations
- 5. Access to the Service
- 6. Meela´s Obligations
- 7. Safeguarding and Risk management
- 8. Price and Payment
- Section 9 – Code of Conduct
- 10. Intellectual Property Rights
- 11. Personal Data
- 12. Termination and Changes
- 13. Confidentiality
- 14. Limitation of Liability
- 15. Force majeure
- 16. Miscellaneous
- 17. Governing Law and Disputes
Meela´S GENERAL TERMS AND CoNDITIONS FOR THERAPISTS
1. General
1.1 These general terms and conditions (the “Terms”) describe the legal terms and conditions that apply to the subscription, provision and use of an online matching service that enables individuals to match with psychologists or psychotherapists fitting to the individual´s personal preferences (the “Service” or the “Meela Platform”). The Service is provided by Meela AB, with Swedish company reg. no. 559296-0644 (“Meela”, “we”, “our” or “us”) to the psychologist or psychotherapist (the “Therapist” or “you”). The Service is available at our website www.meelahealth.com (the “Website”).
1.2 The Terms, Appendix 1 (Data processing agreement (“DPA”)), Appendix 2 (SEB Insurance Patients) together with any other appendices and any separate agreements between the Therapist and Meela (e.g. a document signed by Meela and the Therapist, an offer accepted by the Therapist, an e-mail or a web form) that includes specific terms in regard to the Service, form the complete contractual agreement between Meela and the Therapist (the “Agreement”).
1.3 By accepting these Terms, you undertake to comply with them for the use of the Service and the Website. Accepting the Terms means that you confirm that you have understood the Terms, that you undertake to comply with the Terms and that the information you provide in the Service is correct, honest and up-to-date.
2. About Meela and the Service
2.1 The Service is an online based service that enables the Therapist to contact and provide its therapy services (the “Therapist Services”) to the individual that has been matched with the Therapist using the Service (the “Client”).
2.2 Meela does not provide any healthcare or therapy services but merely provides the technical infrastructure and functionalities available in the Service to facilitate the match between the Client and the Therapist. For clarity :Meela AB (“Meela”) is not a healthcare provider and does not supply healthcare or therapy services. The Therapist is and remains at all times the sole supplier of therapy services and healthcare to Clients and Insured Clients. Meela’s role is limited to providing administrative, marketing, invoicing, and payment collection services to the Therapist.
2.3 Subject to these Terms, the Therapist is granted a non-exclusive, time-limited and non-transferable right to use the Service and the Website.
2.4 The Therapist may provide Therapist Services to Clients accessing therapy services through Skandinaviska Enskilda Banken´s (“SEB”) insurance. The terms set out in Appendix 2 shall apply to Therapist Services provided to such insured Clients, in addition to these Terms.
2.5 Meela may from time to time provide additional services to the Therapist upon the Therapist’s order on the Website, via e-mail or by other means. These Terms shall also apply to such additional services, unless separate terms are provided.
3. Therapist Account
3.1 To use the Service, you need to register an account, create a profile and identify yourself through BankID.
3.2 By registering an account, the Therapist will get access to their own page, with an overview of their profile, a list of which Clients the Therapist has been matched with, as well as background information concerning and provided by each Client.
3.3 The profile that the Therapist creates will in part be made public to the Client. The Therapist can update and add details to their public profile via the Therapist´s account. Meela does not add any information to the Therapist’s profile.
3.4 You undertake to ensure that no one but you can use your login credentials to the Service. You shall not reveal the login credentials to any unauthorized party and shall ensure that any documents revealing your login credentials are stored in a way that prevents unauthorized access to the information. You must immediately notify us if you suspect that your login credentials have been compromised. In addition, we recommend that you change your personal BankID login as soon as possible.
4. The Therapist´s Obligations
4.1 The Therapist undertakes to comply with Meela’s instructions regarding the Service as provided from time to time.
4.2 The Therapist must be a professional psychologist or psychotherapist with a valid and active professional license in order to use the Service.
4.3 The Therapist warrants that the Therapist has and will keep updated all permits, licenses, qualifications and insurances as required for providing the Therapist Services, as well as to comply with applicable law, regulations and guidelines issued by a competent authority when using the Service. This includes, but is not limited to, relevant secrecy obligations and obligations to keep health records. Meela reserves the right to, at any time, request excerpts from the National Board of Health and Welfare (Sw. Socialstyrelsen), to control the Therapist´s permits and licenses.
4.4 The Therapists must not have any remarks from the Health and Social Care Inspectorate (Sw. Inspektionen för vård och omsorg). The Therapist is required to notify Meela immediately should the Therapist receive any remarks, criticisms or similar from the National Board of Health and Welfare (Sw. Socialstyrelsen), the Medical Responsibility Board (Sw. Hälso- och sjukvårdens ansvarsnämnd), the Health and Social Care Inspectorate (Sw. Inspektionen för vård och omsorg), or any other authority in your jurisdiction If the therapist receives any remarks from IVO, or any other health and social and governing body, the therapist must notify Meela immediately.
4.4 (a) The therapist must have a clean police background, if the therapist receives any remarks on their police background check after signing up to Meela, the therapist must notify Meela immediately.
4.5 The Therapist shall from time to time provide Meela with the following if requested:
- a) A summary of any remarks, criticisms, or similar regarding the Therapist from the National Board of Health and Welfare, the Medical Responsibility Board, the Health and Social Care Inspectorate, the Swedish Authority for Privacy Protection, or any other supervisory authority. b) An updated report from the Health and Social Care Inspectorate (Swedish. Inspektionen för vård och omsorg / IVO). c) Proof of an active patient liability insurance in accordance with the Patient Injury Act (1996:799) (Sw. Patientskadelagen). d) Verification that the Therapist has a valid and active license as a professional psychologist or psychotherapist. e) Verification that the Therapist has a clean criminal record. If you have any remarks on your Police background check please disclose these remarks to Meela via email immediately f) Validation that you write a patient safety report (Patientsäkerhetsberättelse). You are required to write an annual patient safety report (Patientsäkerhetsberättelse) as mandated by the Patient Safety Act (2010:659) from Socialstyrelsen, this is not a Meela specific requirement. This report, which focuses on your routines for maintaining patient safety, does not contain any personal patient information. It is an overview of the safety measures and systems you have in place. To assist you in this process, templates and guidelines are available, including a customizable version provided by the Swedish Association of Local Authorities and Regions (SKR), tailored to your practice’s size and focus. You do not need to upload this report to Meela, but simply confirm that you prepare one each year in accordance with the guidelines set by Socialstyrelsen. This is part of the broader efforts to meet patient safety requirements as outlined in Swedish law.
- g) For clarity: Therapist Qualifications, Compliance and Notification Obligations
The Therapist is solely responsible and liable for ensuring they hold all necessary qualifications, licences, registrations, insurance, and certifications required to legally provide therapy services in their respective jurisdiction.
The Therapist warrants that all information provided to Meela regarding their:
- qualifications and educationprofessional licences or registrations (e.g., Socialstyrelsen, HCPC, BACP, UKCP, or international equivalent)professional indemnity insurancebackground checks (including DBS in the UK or IVO remarks in Sweden)legal eligibility to practise
is accurate, complete, and current at all times.
The Therapist must notify Meela immediately and in writing of any change, suspension, expiration, investigation, or adverse finding relating to:
- their professional licence or registrationtheir professional indemnity insuranceany criminal record or safeguarding informationany disciplinary action, restriction, or remark issued by a relevant authority (including IVO or Socialstyrelsen in Sweden, HCPC/BACP/UKCP in the UK, or equivalent regulators in other jurisdictions)The Therapist acknowledges that Meela does not verify and is not responsible or liable for the validity of the Therapist’s qualifications, licences, or background checks. All responsibility and liability remain solely with the Therapist.
4.7 Clause 4.5 is essential for ensuring patient safety and upholding the high standards of the therapist network we collaborate with. These checks are in place at the request of the patients we serve, to help us prioritise their safety and ensure Meela works with therapists who meet professional standards set by Socialstyrelsen, HCPC and other therapy bodies. Meela is here every step of the way helping you with this documentation, should we request it.
4.8 The Therapist is fully responsible for any Client received through the Service, including the treatment of, and the provision of Therapist Services to, the Client as a result of using the Service. All communication between the Client and the Therapist shall be made outside the Service. For the avoidance of doubt, the Therapist is fully responsible for their conduct of Therapist Services and for any communication with the Client both inside and outside the Therapist Services.
4.9 The Therapist is expected to offer the Therapist Services to, and to meet with, the Client as a result of a match through the Service but is not obliged to do so if the Therapist has a valid reason for not providing the Therapist Services or meeting with the Client.
4.10 The Therapist undertakes to register all new Client bookings and subsequent sessions on the Meela Platform. If the Therapist fails to accurately report sessions, Meela reserves the right to claim compensation equivalent to the revenue lost due to the non-compliance with this Section 4.10.
4.11 We encourage the Therapist to actively motivate the Client to complete any feedback forms provided by Meela. To clarify, Meela will handle the administrative process of sending these forms, and if a patient chooses not to complete them, there’s no need for you to ask. If you feel this is disruptive to your way of working, you are not required to motivate the client to complete the forms, and for private clients Meela will not send the forms if you request you do not want client feedback through Meela. We respect all working styles, and the purpose of these feedback forms is solely to improve clinical outcomes and share valuable insights with our therapists, wherever possible.
4.12 Section 4.12 emphasises the importance of tracking clinical outcomes but is not mandatory. The goal is to support a focus on clinical outcomes without adding administrative burdens for therapists, or requiring follow-ups with clients, or therapists who choose not to complete feedback forms, or wish for the forms to be sent to private clients. Therapists can choose not to have these forms sent to private clients they see through Meela.
4.13 If the relationship between the Therapist and the Client ends, the Therapist is responsible for ending the relationship in a reasonable and responsible manner and with respect for the Client, regardless of the reason for the relationship ending and also correcting ending the therapy in the Meela platform
4.14 The Therapist is responsible for not using the Service in any way that is illegal or causes damage or inconvenience to others. Meela complies with Swedish law and has the right to remove any content or similar that is inappropriate or illegal. If we suspect that the Therapist’s account or login credentials are misused or if the usage otherwise violates the Terms, we also have the right to suspend the Therapist, in accordance with Section 11 below. We have the right to, irrespective of the reason, assign the Therapist with new login details.
4.15 The Therapist is fully responsible for protecting their technical equipment against unauthorized use, including using appropriate anti-virus software and firewall.
4.16 In the event that it is revealed that any use of the Service or the Website by the Therapist is in breach of these Terms, the Therapist shall reimburse Meela for all reasonable costs and expenses related to such use.
5. Access to the Service
5.1 The Service is an online service and we will provide the version of the Service that is the most recent one available at the time of the conclusion of these Terms.
5.2 Although it is our ambition, we cannot guarantee that the Service and the Website are provided without technical disruptions. We may therefore have to restrict the access to the Service and/or the Website due to for example service, support, safety or technical reasons.
5.3 Meela aims to continuously improve the Service and the Website. Therefore, in addition to modifications aimed at maintaining conformity, we will under certain conditions modify the features of the Service, the Website and/or the additional services provided.
5.4 If there is any problem with the Service and/or the Website, or if the Therapist is dissatisfied in any way, the Therapist should contact Meela as soon as possible.
6. Meela´s Obligations
6.1 The Therapist acknowledges and accepts that Meela merely provides the technical infrastructure and the functionalities available in the Service. Meela does not intervene in any way as an intermediary, moderator or promoter in the
interactions, agreements or transactions between the Client and the Therapist. Meela has no responsibility for the interactions between the Client and the Therapist. Furthermore, Meela has no obligation to provide the Therapist with any number of matches, or clients.
6.2 Since the Service relies on the Client’s self-assessment, Meela cannot guarantee that the Client matched with the Therapist will be suitable. Meela can furthermore not guarantee that the mental health condition of the Client is not beyond mild to moderately severe.
6.3 For the avoidance of doubt, Meela has no control over or responsibility for the actions of the Client or the Client’s failure to e.g. act, respond or pay their fees to the Therapist. Meela takes no responsibility for the Client’s financial capacity, their inability or discontinuation in paying their fees or the collection of due debts.
7. Safeguarding and Risk management
7.1 Therapists using the Meela Platform can report safeguarding issues to Meela; however, Meela does not hold responsibility for managing or resolving these concerns. Meela assumes no liability for safeguarding issues disclosed via the Meela Platform.
7.2 The Therapist is required to adhere to the ethical and professional guidelines outlined by their relevant governing bodies (e.g., BACP, the National Board of Health and Welfare). Safeguarding concerns should be handled following these frameworks, and Therapists are expected to seek guidance from their clinical supervisor, rather than Meela.
7.3 In situations where a Client discloses self-harm, suicidal ideation, or other risk factors, the Therapist is responsible for choosing appropriate measures to handle the matter, which could include the following:
- a) Follow the Therapist´s ethical procedures and safeguarding protocols. b) Create and implement an appropriate safety plan in consultation with the Client. c) If the match does not proceed to consultation, the Therapist should signpost the Client to emergency services or their GP or doctor.
7.4 In the event of risk disclosure prior to a consultation, the Therapist is encouraged to rely on their training and supervisory support to address concerns.
8. Price and Payment
8.1 The registration of an account is free of charge.
8.2 For each Client to whom the Therapist provides Therapist Services, the Therapist shall pay the prices in accordance with the prices and specific terms provided by Meela.
8.3 Unless otherwise agreed, Meela has the right to adjust prices, regardless of when the Terms entered into force. In addition, Meela may at any time adjust prices due to changes in regulations, taxes, fees or similar circumstances beyond Meela’s control.
8.4 Payment of invoices shall be made within thirty days from when the invoice was issued, unless otherwise agreed in writing.
8.5 If payment is late or incomplete, Meela is entitled to interest on overdue payment in accordance with the Swedish Interest Act (1975:635) (Sw. Räntelagen) and a late payment charge and/or a debt collection fee according to applicable laws.
8.6 If full payment is not received by Meela within ten (10) days from the date on which a written payment reminder was sent by Meela and the Therapist has not on reasonable grounds disputed the claim of payment, Meela has the right to (i) immediately suspend the Therapist´s use of the Service and/or (ii) terminate the Agreement in accordance with Section 11.2.
8.7 Invoicing on Behalf of TherapistThe Therapist authorises Meela to issue invoices and receipts in the name of and on behalf of the Therapist for therapy sessions supplied to Clients and Insured Clients. Such invoices shall clearly state the Therapist as the supplier of the healthcare services, including the Therapist’s name and organisation number. Meela’s details may appear solely to indicate that Meela has issued the invoice as an authorised third party.
8.8 Payment CollectionMeela is authorised to collect payments for therapy sessions strictly on behalf of the Therapist. Following collection, Meela will deduct its agreed service fee and remit the remaining balance to the Therapist in accordance with Meela’s payment policy. Collection of payments by Meela does not affect the Therapist’s status as the supplier of the healthcare services.
8.9 Meela’s Service Fee(a) Meela shall retain, as consideration for its administrative and marketing services: • 100% of the initial session fee for UK-based Therapists; • SEK 1,250 of the initial session fee for Therapists established in Sweden; and • the agreed commission percentage (e.g., 15%) on subsequent sessions.(b) These retained amounts constitute payment for Meela’s services and are subject to VAT under applicable law.(c) Meela shall issue an invoice to the Therapist for its service fees, identifying Meela as the supplier, the taxable amount, and applicable VAT.
8.10 Incorrect VAT HandlingIf VAT is incorrectly applied or omitted, the parties shall cooperate in good faith to correct the documentation in accordance with applicable VAT regulations and without undue delay. (a) Therapist Responsibility: Therapists established in the United Kingdom or Sweden, or elsewhere are solely responsible for determining whether they are required to register for, charge, and remit VAT (or equivalent sales tax) in respect of the services they provide to their patients. Therapists must ensure that all invoices and prices set on the Meela Platform comply with applicable national tax and VAT regulations.(b) Provision of Information: Therapists must promptly provide Meela with accurate and up-to-date information regarding their VAT (or equivalent) registration status, including registration numbers where relevant, and must notify Meela without undue delay of any changes to their VAT status.
(c) Meela’s Role: Meela shall not be responsible for verifying a Therapist’s VAT (or equivalent) status or for any failure by a Therapist to comply with their tax obligations. Any compliance issues, liabilities, penalties, or disputes arising from a Therapist’s own practice remain solely the responsibility of the Therapist.
8.11 Clarification of VAT on Meela fees(a) If the Therapist is established in Sweden, Swedish VAT (currently 25%) will be added to Meela’s service fees.(b) If the Therapist is established outside Sweden (e.g., in the United Kingdom), Swedish VAT will not be added. Instead, the “reverse charge” mechanism may apply, and the Therapist shall account for VAT in accordance with their local rules.(c) All of Meela’s service fees are stated exclusive of VAT unless otherwise expressly indicated.(d) Therapists who are unsure of their VAT obligations are strongly encouraged to seek independent professional advice (e.g., from their accountant).
(e) The VAT treatment described in this Section 8.11 is based on the Therapist being a taxable person for VAT purposes. By accepting these Terms, the Therapist confirms that they are a taxable person for VAT purposes and undertakes to notify Meela without undue delay if their VAT status changes. If it is later determined that the Therapist is not a taxable person, Meela reserves the right to adjust the invoicing and VAT treatment of its service fees in accordance with applicable VAT regulations, including issuing corrected invoices where necessary.
8.12 Price GuaranteeThe Therapist undertakes to apply the same prices for services offered via the Meela Platform as are publicly listed elsewhere, including the Therapist’s own website or other marketing channels. The Therapist shall not charge higher prices through Meela than those offered outside the Platform (“Meela Price Guarantee”).
Section 9 – Code of Conduct
9.1 Response TimeThe Therapist aims to respond to Client messages within twenty-four (24) hours during the working week.
9.2 Session LoggingAll sessions with Clients introduced via the Meela Platform must be logged directly in the Platform, including the date and time. Therapists must not log sessions retroactively, all sessions must be registered on the Meela platform at least 48 hours before the session is due to happen. If the session is booked within 48 hours, the therapist must register the session immediately to ensure the client is charged on time for the session.
9.3 PaymentsThe Therapist shall not request or accept any payments from Clients outside of the Meela Platform. All therapy session fees must be processed through Meela.
9.4 Pricing ConsistencyThe Therapist must ensure that all session prices on the Meela Platform are consistent with publicly advertised rates elsewhere.
9.5 External LinksThe Therapist shall not include links to personal websites, external booking systems, or competing platforms in their Meela profile.
9.6 Profile AccuracyThe Therapist is responsible for ensuring that their profile, qualifications, and availability on the Meela Platform remain accurate and up to date.
10. Intellectual Property Rights
10.1 Meela or Meela’s licensors hold all rights, including intellectual property rights to the Service and the Website, including but not limited to rights related to software and source code, data bases, trademarks, design protection, copyright, patents and the right to apply for such protection.
10.2 Meela has made a substantial investment in the obtaining and presenting of data in the Service and the database included in the Service. The Therapist agrees to respect such rights and nothing in the Agreement shall be construed as a transfer of such rights, or any part thereof, to the Therapist.
10.3 The content in the Service and on the Website may not be used by the Therapist to a greater extent than is necessary in order for the Therapist to use the Service or the Website in the intended manner.
10.4 The Therapist may not use Meela’s trademark or company name without Meela’s prior written approval.
10.5 The Therapist may not copy, modify, create derivative work, reverse engineer or otherwise attempt to discover any source code of, or assign, sub-license or transfer any right in, the Service, data in the Service or part thereof.
10.6 The Therapist holds all rights, including intellectual property rights, to all data that is submitted to the Service by the Therapist. During the term of the Agreement, Meela may use the data provided by the Therapist and data related to the Therapist’s use of the Service in order to develop the Service and to provide the Service to the Therapist successfully. After the term of the Agreement, Meela may keep such data in anonymised form for research purposes.
10.7 Meela has the right to freely use the know-how, professional knowledge, experience and skills that Meela acquires through or in connection with providing the Service.
10.8 Meela has the right to use and publish the Therapist´s name, images, trademark and logotype in marketing related to the Service once consent has been provided by the therapist.
10.9 Meela shall, subject to the limitation of liability, compensate the Therapist for damage suffered by the Therapist as a result from claims from third parties regarding infringement of such third party’s intellectual property rights.
10.10 Meela´s obligation to indemnify the Therapist pursuant to this Section 10 applies only provided that the Therapist:a) without undue delay notifies Meela in writing of claims made against the Therapist;b) allows Meela to control the defence and make decisions alone in all related settlement negotiations; andc) acts in accordance with Meela´s instructions and cooperates with and assists Meela to the extent that Meela reasonably request.
10.11 If it comes to Meela´s knowledge or is finally settled that there is an infringement of a third party´s intellectual property rights, Meela may choose to either:a) ensure the Therapist a continued right to use the Service;b) change the Service so that infringement no longer exists;c) replace the Service, or any part thereof, with any other non-infringing equivalent product or service; ord) terminate or temporarily cease to provide the Service and, after deducting the Therapist´s reasonable benefit, repay the Therapist´s fee paid for the Service, without interest.
10.12 Meela’s obligations under this Section 10 are conditional upon the Therapist’s use of the Service and the Website exclusively in accordance with the terms of the Agreement.
10.13 This Section 10 constitutes Meela´s total liability towards the Therapist for infringement of third parties’ intellectual property rights.
11. Personal Data
11.1 Each respective party are the sole controllers of personal data processed as a result of these Terms.
11.2 In certain situations, Meela will process personal data on behalf of the Therapist. Within the scope of such processing, the Therapist is the controller for the processing of personal data and Meela is the processor. For this purpose, the parties have entered into a data processing agreement (DPA), Appendix 1.
11.3 If the parties identify a situation where they will be joint controllers, the parties shall enter into a joint controllership agreement.
11.4 Meela’s personal data processing is described in Meela’s Privacy Policy.
12. Termination and Changes
12.1 The Agreement becomes effective when the Therapist has signed up to use the Service. The Agreement will remain in force until the Therapist deactivates their account or the Agreement is otherwise terminated in accordance with this Section 12.12.2 The Therapist may terminate the Agreement by deactivating the Therapist´s account at any time by following the instructions provided on the Website or by e-mail. After the termination of the Agreement, the Therapist is responsible for handling the relationship with the Client in a reasonable and responsible manner.
12.3 Meela shall have the right to terminate the Agreement and the Therapist’s access to the Service by giving the Therapist a one (1) month written notice.
12.4 Each party is entitled to terminate the Agreement with immediate effect where: a) the other party has committed a material breach of the Agreement and does not fully rectify such breach within thirty (30) days of the other party giving written notice thereof; or b) the other party is declared insolvent, is subject of an application or order for bankruptcy or company reorganisation, suspends payments or otherwise can be presumed to be insolvent.
12.5 Upon termination of the Agreement (completely or partially) the Therapist shall immediately cease its use of the Service, and the parties shall promptly return confidential information and other material submitted by the other party in accordance with the other party’s instructions, unless otherwise agreed in these Terms.
12.6 We reserve the right to make changes and amendments to these Terms. The latest updated version of the Terms is posted on the Website. Changes will become valid once you have accepted the Terms.
12.7 The following sections apply even after the termination of the Agreement: 10 (Intellectual Property Rights), 12 (Term, Termination and Changes), 14 (Limitation of Liability), 13 (Confidentiality), 17 (Governing Law and Disputes).
13. Confidentiality
13.1 Both parties hereby agree not to, without the other party’s prior written approval, publish or otherwise disclose to third parties any information relating to the other party’s business which is or can be reasonably presumed to be confidential, with the exemption for: a) information that is or becomes publicly known, except through a breach of the Agreement by the receiving party; b) information from third parties that is public to the receiving party, without obligation of confidentiality; c) information that was known to the receiving party prior to receipt from the disclosing party, without obligation of confidentiality; d) disclosure or use of information that is required by law, regulations or any other regulatory body. In the event of such disclosure, the disclosing party shall, if possible, notify the other party before such disclosure takes place; or e) disclosure made to a counsel who are in turn bound by confidentiality.
13.2 Each party is responsible for compliance with this confidentiality undertaking by its respective subcontractors, consultants, board members and employees. The confidentiality undertaking under this section applies during the term of these Terms and for a period of three years after these Terms have expired.
14. Limitation of Liability
14.1 Meela´s responsibility for the provision of the Service is limited in accordance with what is stated in these Terms.
14.2 Meela is, with the limitations set out below, liable towards the Therapist for damages caused due to Meela’s negligence when providing the Service.
14.3 Notwithstanding the above, Meela shall under no circumstances be liable for damages caused by loss of profit, revenue, anticipated savings, goodwill, loss due to operational, business, power or network interruptions, loss of information or data, as well as any claims due to the Therapist´s possible liability to third parties, or indirect damages (Sw. indirekt skada) or any consequential damage.
14.4 The Therapist shall, in order to not lose their right, submit a claim for compensation in writing no later than thirty (30) days after the Therapist noticed or should have noticed the actual damage or loss, however no later than two (2) months from when the loss arose.
14.5 Meela acts as a platform provider and is not in any way liable for the Therapist Services or any communication between the Therapist and the Client. The Therapist is responsible for all damages resulting from their performance of the Therapist Services, such as damages caused by incorrect care or treatment, incorrect advice, or incorrect diagnosis. The Therapist is also responsible for damages arising from their activities in general, if this impacts the Client.
15. Force majeure
- Each party shall be relieved from liability for damages for a failure to perform any obligation under the Terms to the extent that the due performance is prevented by reason of any circumstance beyond the control of the party. Such as internet limitation or slow connection, power outages, network intrusion, lawsuits, pandemics, labour disputes, loss of communications, mobilisation or large-scale military recruits, ordinances, rationing of fuel, goods or energy, and defects and delays in deliveries from subcontractors caused by any party outside the party´s control provided that the other party is notified immediately.
16. Miscellaneous
16.1 Meela has the right to employ subcontractors for the provision of the Service and is responsible for the work of such subcontractors in accordance with these Terms.
16.2 The Agreement forms the parties’ entire understanding of all questions regarding the Therapist´s use of the Service. All written or oral representations or warranties prior to the Agreement are replaced by the Agreement.
16.3 The documents described in the definition of the Agreement shall have mutual priority in the following order: (i) any separate agreement between the parties, (ii) the Terms and (iii) any appendices, unless the circumstances clearly indicate otherwise. However, the DPA set out in Appendix 1 shall always prevail regarding the processing of personal data, and the terms set out in Appendix 2 shall always prevail regarding Therapist Services provided to SEB insured Clients.16.4 If any provision of these Terms or part thereof is held invalid, this shall not affect the remaining provisions of the Agreement, and all other parts in the Terms shall remain in force as far as is permitted according to mandatory law.16.5 The Agreement may not be assigned to a third party without the other party’s prior written approval. Each party may however assign the Agreement to a third party in connection with a transfer of the party’s business or a part thereof and to companies within the same company group.
17. Governing Law and Disputes
17.1 The Agreement shall be governed by and construed in accordance with Swedish law.17.2 Any dispute arising out of or in connection with the Agreement shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”).
17.3 The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators.
17.4 The place of arbitration shall be Gothenburg. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. Regardless of what has just been said, Meela shall always have the right to apply for an injunction to payment or bring an action regarding non-payment in a general court.