GENERAL TERMS
1. General
These general terms and conditions apply between Vixinity AB (hereinafter the "Supplier") and the Party (hereinafter the "Customer") who has ordered one or more of the Supplier's services and the citizen who has become a member (hereinafter the "User"). The Supplier, the Customer and the User are hereinafter referred to separately as the "Party" and jointly the "Parties".
The Supplier's services are covered by these General Terms and Conditions and if there are other agreed terms and conditions in the individual case, that agreement takes precedence over these General Terms and Conditions.
By using the Service, you accept these General Terms and Conditions and undertake to comply with them. By using the service, you also accept our privacy policy at the following link.
2. Scope and implementation of the service
The Provider provides a digital platform (Vixinity) that enables and facilitates communication between companies, authorities and associations as well as their customers, citizens or members (the Service).
The Provider provides different types of services through the Service. After the Customer/User has created an account, it can take part in the services of the Vixinty platform and then receives a time-limited, non-exclusive, non-transferable and non-transferable right to use our digital platform.
The right to use our digital platform applies during the term of the agreement and as long as the Customer/User has an active account or membership and fulfills its obligations under the Agreement (including these General Terms and Conditions).
3. Processing of personal data
By agreeing to these Terms and Conditions, you consent to us handling your personal data in accordance with our Privacy Policy.
The Supplier, in its capacity as data controller, is responsible for ensuring that the processing of personal data takes place in accordance with applicable legislation.
The Provider is responsible for taking the technical and organizational measures necessary to protect the personal data. The purpose of our processing of personal data is to:
- Fulfilling our contractual and legal obligations.
- Provide and administer your access to the Services.
- Provide you with information or direct marketing via email or our application.
- Household register
- Association information
- Fault reporting
- Entry telephony
- Prevent and limit misuse of the Service.
4. Connection to the Service
Registration can be done via the Provider's Website, vixinity.com or in another manner designated by the Provider. In connection with the registration application, the Customer/User becomes a member and can then choose the desired Service and provide requested information, such as name, social security number, corporate identity number, telephone number, email address and address.
The Supplier is not responsible for a delay in a service that is due to the Customer/User, or if the delay is due to a circumstance attributable to a subcontractor. If the delay is caused by such a circumstance, the Supplier shall be entitled to a reasonable postponement of the agreed delivery date as well as compensation for additional costs, damage (direct as well as indirect) and costs caused to the Supplier due to the delay.
5. Customer's and User's Obligations and Responsibilities
The Customer/User is responsible for ensuring that correct information about the Customer/User is registered with the Supplier at all times. The Provider is in no case responsible for incorrectly registered data, regardless of the method of registration.
The Customer/User is responsible for ensuring that the Login Credentials are stored and used in a secure manner, and are not disclosed or otherwise made accessible to unauthorized persons.
The Customer/User shall without delay inform the Provider in the manner indicated at any time, on the Website, by contacting the Provider if:
- The Customer/User has reason to believe that someone unauthorized has gained access to or knowledge of the Login Credentials
- The Customer/User shall also otherwise keep the Supplier informed of circumstances that are of importance to the performance of the Agreement and/or the Services.
6. Price and payment
Prices and fees for the Service and any additional services and subscription costs are set out in a separate agreement between the parties. Invoicing is done annually in advance unless otherwise agreed between the parties.
The Customer/User who links a payment card to their account automatically approves that Vixinity sends instructions to the card's issuing organization to take payment in accordance with the applicable terms and conditions.
7. Intellectual Property Rights
All intellectual property rights, including, but not limited to, copyrights, trademarks, patents, images, videos, design and design rights, trade dress rights, database rights and know-how that (1) are provided or otherwise made available to the Customer/User by the Supplier or others or (2) otherwise arisen within the framework of the provision of the service - including, but not exclusively, software, source code, documents, texts, images, layouts, designs, programs, data, information, are and remain the exclusive property of the Provider.
8. Confidentiality
The Party undertakes, without limitation in time, not to disclose to third parties any Confidential Information that the Party obtains from the other Party during the term of the Agreement and thereafter and to use such Confidential Information only for the performance of this Agreement.
"Confidential Information" means any information provided by a Party or relating to this Agreement or its contents, whether or not information is documented, except for:
- Information that is generally known or comes to public knowledge otherwise than through a breach by a Party of the contents of this Agreement
- Information that a Party can show that it was already aware of before receiving it from the other Party
- Information that the Party has received or will receive from a third party without being bound by a duty of confidentiality in relation to the third party, as well as Information that the Party has developed independently and without the use of the other Party's Confidential Information.
9. Limitation of Liability
The Provider is not liable for damage caused by a third party product or modifications or changes to the Services made by anyone other than the Provider.
The Provider is under no circumstances responsible for the Customer's/User's loss of profit, revenue, savings or goodwill, loss due to downtime, loss of data.
The Supplier is not liable for any liability of the Customer/User to third parties or any indirect or consequential damage of any kind.
The supplier always tries to detect and warn of any operational disruptions, but is not responsible for delayed or non-delivery of purchased products as a result of any technical problems.
10. Force Majeure
A Party is exempt from liability for non-performance of its contractual obligations if the performance of the obligations is prevented or significantly impeded by circumstances that the Party could not reasonably foresee or control. An exonerating circumstance shall include, among other things, acts of terrorism, lack or failure in electricity supply or telecommunications, computer viruses, loss of data, spread of infection, strike, or other labour dispute regardless of the cause of the conflict, natural disaster, lightning, fire, sabotage, extreme weather conditions, official action, terrorist acts, new or amended legislation or other public regulation or other similar circumstance.
11. Term and termination
Unless otherwise stated in the order confirmation, the Agreement is valid until further notice with a notice period of 3 months for each Party.
Each of the Parties shall have the right to terminate the Agreement with immediate effect in the event that the other Party commits a material breach of the Agreement and does not rectify within 30 days of written notice, or is declared bankrupt; enters into composition negotiations, enters into liquidation or becomes insolvent.
12. Miscellaneous
A Party is not entitled to assign its rights and/or obligations under the Agreement in whole or in part without the prior written consent of the other Party. However, the Supplier has the right to freely transfer the right under the Agreement to receive payments from the Customer without the Customer's consent.
Additions to and amendments to the Agreement must be made in writing and signed by both Parties in order to be binding.
The Agreement in accordance with paragraph 1 above constitutes the Parties' complete settlement of all matters to which the Agreement relates. All written and oral commitments and representations that have preceded the Agreement are superseded by the contents of the Agreement.
13. Choice of law and dispute resolution
Swedish law shall apply to the Agreement. Disputes arising from the agreement shall primarily be resolved by voluntary agreement between the Parties.
If the parties cannot reach an agreement, the dispute can be tried by a Swedish general court.
14. Contact information
Connected Vixinity AB
Contact person: Adnan Khan
E-mail: adnan.khan@vixinity.com