1. General
1.1 Zymego is a digital booking service for healthcare and dental care (the ”Service”) developed and provided by CodeZyme AB, org. no. 559171-0438, a company incorporated under the laws of Sweden (”CodeZyme”). Through the Service, depending on the functions the healthcare provider in questions utilise, Users are able to book, rebook, cancel, as well as register desired dates and join a waiting list in order to receive a better time and date for an appointment with the physician when another patient cancels their appointment. In this manner, the User can get an earlier appointment and society’s resources are allocated more efficiently as fewer available healthcare appointments remain unutilized as a result of a cancellation.
1.2 These terms of use apply between CodeZyme and the person using the Service by logging in and creating an account in the Service (the ”User”). The Service is provided by CodeZyme as a mobile-adapted web portal.
1.3 Through the Service, the User can view his/her bookings with healthcare facilities that have joined the Service, cancel and rebook these appointments and join the waiting list in order to be offered an earlier appointment. An earlier appointment can be offered when an appointment becomes available because another patient has cancelled their appointment, or for other reasons, such as an empty emergency appointment.
1.4 CodeZyme only provides a digital Service for booking and queuing systems related to healthcare appointments. CodeZyme is not, and shall not in any respect be regarded as a healthcare provider. The Agreement entered into between the User and CodeZyme through the User’s acceptance of these terms of use is therefore only to be assessed as a service agreement for the provision of a technical solution. For the avoidance of doubt, CodeZyme is thus under no circumstances responsible for the care, examinations, recommendations or other medical services (or the quality thereof) provided in the context of a visit to a healthcare provider booked via the Service.
1.5 These terms of use constitute the entire Agreement between CodeZyme and the User (the ”Agreement”). The Agreement is concluded when the User accepts these terms of use in connection with the User logging in to the Service and registering an account.
2. User account and access to the Service
2.1 To register an account and use the Service, the User must be at least sixteen (16) years of age and be able to identify by way of electronic identification (CodeZyme may offer different methods for electronic identification from time to time as described on CodeZyme’s website). The Service may include an opportunity for guardians to use the Service on behalf of children, provided that the child is under eighteen (18) years of age, but CodeZyme shall never be obliged to offer such functions as part of the Service. Further, the booking services that may be provided by CodeZyme, depending on the functions the healthcare provider in questions utilise, may only be used by Users who are at least eighteen (18) years of age.
2.2 To ensure secure identification, the User must log in with one of the forms of electronic identification offered within the Service.
2.3 Subject to the User’s compliance with the terms set out in this Agreement, CodeZyme grants the User a non-exclusive, revocable, limited right to use the Service during the term of this Agreement solely for his/her individual private use.
2.4 The User is responsible for every action taken when using the Service. An account may only be used by the User who has registered an account and may not be transferred or licensed to anyone else. However, a guardian is entitled to use the Service on behalf of a child in accordance with and subject to section 2.1 above. After the required documentation has been submitted to CodeZyme, a trustee or guardian may also be offered the opportunity to use the Service on behalf of his or her principal (however, CodeZyme shall never be obliged to offer such functions as part of the Service). CodeZyme is not responsible for the misuse of the Service by third parties or for the consequences and possible damages thereof.
2.5 The User is responsible for ensuring that the Service is used in accordance with the Agreement, any other terms of use specified in the Service and applicable law. The User is solely responsible for all information that the User publishes in or via the Service.
2.6 By using the Service, the User acknowledges and accepts that the contact details provided may be used by CodeZyme, to contact the User via email with information about the Service, related Services provided by CodeZyme and information about a healthcare appointment booked or queued from through the Service. The User has the option and right to unsubscribe from receiving communications from CodeZyme through the opt-out link included in all such communications.
2.7 The User further acknowledges and accepts that CodeZyme, as part of the provision of the Service, may share the User's contact details with healthcare providers with whom the User has interacted through the Service and that such healthcare providers may contact the User with information about a healthcare appointment or a waiting list. Reminders of a booked appointment, booking confirmations or information regarding waiting lists may also be sent to Users by CodeZyme as part of the provision of the Service.
2.8 In connection with CodeZyme's provision of booking confirmations and reminders of a booked care appointment, information about the healthcare provider may be processed by CodeZyme. Since such information may entail that CodeZyme processes so-called sensitive personal data about the User, such personal data is processed on the basis of the User's express consent provided within the Service. With regard to information about an open slot through a waiting list, no sensitive personal data is processed by CodeZyme as a data controller. Thus, the User's personal data is in such circumstances processed in order for CodeZyme to be able to provide information about waiting lists in order to fulfil CodeZyme's obligations under this Agreement.
2.9 The User further acknowledges and accepts that the contact details provided may be used by CodeZyme to send reminders and information about an appointment or waiting list booked through the Services as part of CodeZyme’s provision of the Service.
2.10 Although it is what CodeZyme strives for, CodeZyme cannot guarantee that the Service will be provided without interruptions, bugs or other technical disturbances. CodeZyme makes no guarantees whatsoever regarding the availability of the Service or the User’s ability to use the Service.
2.11 Users who experience disruptions in the Service or otherwise wish to make suggestions for possible improvements to the Service are welcome to contact CodeZyme in accordance with section 12.3 below. For the avoidance of doubt, all rights and ownership related to any further development of the Service based on such suggestions from the User shall accrue to CodeZyme in accordance with section 7.2 below, without any right for the User to receive any compensation.
2.12 In the event of any disruptions, CodeZyme will act to remedy the deficiencies in the Service as soon as possible. However, CodeZyme is not obliged to provide support or maintenance in the event of deficiencies in the Service and is under no circumstances responsible for the Service being unavailable or deficient, regardless of how long the Service remains unavailable or deficient.
3. Unauthorised use of the Service and suspension
3.1 CodeZyme reserves the right at any time, temporarily or permanently, to limit the User’s access to the Service if CodeZyme has reason to suspect that the User is using the Service in violation of the Agreement or applicable law, without liability for any consequences thereof. CodeZyme is also entitled to restrict the User’s access to the Service if it is deemed necessary to protect the functionality, availability or reliability of the Service and to carry out maintenance of the Services.
4. Price
4.1 The Service is provided at no cost to the User. However, the User is responsible for any costs associated with the use of the Service, including, but not limited to, mobile data costs, costs related to text messages and phone calls, and costs for the User’s visits to the healthcare provider.
5. Personal data
5.1 CodeZyme processes certain personal data about you on behalf of healthcare providers to make it easier for you to manage and change your appointments with the respective healthcare providers. In these situations, the healthcare provider is the data controller for the processing of your personal data and CodeZyme processes data on behalf of the healthcare providers as a data processor. CodeZyme’s processing of personal data in such situations is limited to what is necessary to manage the scheduling and administration of appointments on behalf of the healthcare providers. For further information on the processing carried out in such situations, CodeZyme refers to the respective healthcare provider.
5.2 CodeZyme is the data controller for processing relating to the administration of your account in the Service and such mailings performed by CodeZyme in accordance with section 2.6, 2.8 and 2.9 above.
5.3 For more information on how CodeZyme handles your personal data, see CodeZyme’s privacy policy. Please note that while CodeZyme is a Swedish company, CodeZyme always processes personal data relating to Users in other jurisdictions in accordance with the laws applicable in the Users country of residence.
6. Liability
Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.
6.1 CodeZyme endeavours to provide the Service without interruptions or disturbances and that all information presented in the Service shall be correct and updated. However, the User understands that the User uses the Service at his/her own risk and that CodeZyme is only responsible for providing the Service in accordance with applicable legislation.
6.2 CodeZyme is thus not responsible for technical deficiencies in the Service such as lack of availability, incorrect information or loss of data. Nor is CodeZyme responsible for errors in the Service caused by errors/defects in communication networks or in the User’s hardware and/or software. Nor is CodeZyme responsible for any lost bookings or extended waiting times that affect the User as a result of the User’s use of the Service.
6.3 Furthermore, CodeZyme is not responsible for any form of personal injury or other consequences that may result, directly or indirectly, from the use or misuse of information provided, presented in, or referred to in the Service. CodeZyme’s liability is under all circumstances limited to direct damage and to a maximum amount corresponding to one thousand (1000) GBP. Under no circumstances shall CodeZyme be held liable for consequential damage, loss of profit, loss of expected savings and/or other indirect damage.
6.4 If the User breaches the Agreement or applicable law, or uses the Service in an illegal or unauthorised manner, the User is obliged to compensate and indemnify CodeZyme from all damage caused to CodeZyme as a result (including but not limited to attorney’s fees, legal costs and all claims from third parties).
6.5 CodeZyme shall furthermore under no circumstance be held liable for failure to fulfil a certain obligation under the Agreement, if the failure is due to circumstances beyond CodeZyme’s control and which CodeZyme could not have foreseen at the time the Agreement was entered into and which significantly complicates or prevents the fulfilment thereof. The following shall be considered to be exempting circumstances: war, act of war, terrorist act, natural disaster, pandemic, interruption of public transport, disturbances in energy supply or public communication networks, new or amended legislation, conflict in the labour market (own or other), and equivalent circumstances.
7. Intellectual property rights
7.1 All rights and all documentation related to both the Service and CodeZyme, including intellectual property rights, to which Users gain access through their use of the Service, remain with CodeZyme. The User shall under no circumstances be deemed to obtain any intellectual property rights belonging to CodeZyme under this Agreement.
7.2 All possible intellectual property rights that arise as a result of CodeZyme’s provision of the Service and/or other Services to the User, shall belong to CodeZyme exclusively and without limitations. Such exclusive right includes a right to, itself or through third parties, freely modify, transfer and license such results.
7.3 The User shall under no circumstances attempt to copy, modify, decompile or take any other action that may have a negative impact on CodeZyme’s ability to provide the Service or that may constitute an infringement of CodeZyme’s intellectual property rights.
8. Amendment of the terms of use
8.1 CodeZyme reserves the right to amend and update these terms of use and as such, amend the Agreement, provided that CodeZyme informs the User, in accordance with section 12.3 below, of the change at least sixty (60) days before the change takes effect. In the event that the User does not accept the change in the Agreement the User is entitled to terminate the Agreement with immediate effect. The User’s continued use of the Service after such notice of change of the terms of the Agreement shall be deemed to mean that the User accepts the updated terms of the Agreement.
8.2 The obligation to inform the User of an amendment in accordance with section 8.1 above shall only apply with respect to amendments that constitute a material (limiting or negative for the User) amendment of the Agreement. Thus, CodeZyme has the right to unilaterally make purely linguistic adjustments, clarifications, and additions concerning new functions, etc.
8.3 The terms of use applicable from time to time are available in the Service and on CodeZyme’s website.
8.4 Please note that any terms set out in this Agreement are applicable only to the extent permitted by applicable mandatory law and do not limit any right you may have under from time to time applicable mandatory law.
9. Agreement duration and termination
9.1 The Agreement enters into force upon the User’s acceptance of these Terms of use when the User logs into the Service and registers an account and remains in force until terminated by either party.
9.2 The User is entitled to terminate this Agreement with immediate effect by notifying CodeZyme in accordance with clause 12.3 below.
9.3 This Agreement shall also be considered terminated if the User has not logged into the Service or otherwise actively used the Service for a period of twenty-four (24) months.
9.4 CodeZyme is entitled to terminate the Agreement with immediate effect if CodeZyme has reason to suspect that the User, in accordance with section 3.1 above, is using the Service in violation of the Agreement or applicable law and does not take corrective action within fifteen (15) days of written notification thereof.
9.5 Furthermore, CodeZyme is entitled to terminate this Agreement with thirty (30) days’ notice by notifying the User. Such notice shall be provided in accordance with clause 12.3 below.
10. Consequences of the termination of the Agreement
10.1 In the event of termination of the Agreement, the User shall immediately cease using the Service. Furthermore, CodeZyme shall delete the User’s personal data in accordance with CodeZyme’s privacy policy.
11. Applicable law and dispute resolution
11.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflicts of law rules and principles.
11.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with this Agreement and accordingly any legal action or proceedings arising out of or in connection with this Agreement may be brought in such courts.
12. Miscellaneous
12.1 The User may not transfer the Agreement or rights and/or obligations under the Agreement to another party. CodeZyme shall always be entitled to transfer the Agreement or rights and/or obligations under the Agreement to another party.
12.2 CodeZyme is entitled to use subcontractors to fulfil its obligations under the Agreement.
12.3 The User shall state the e-mail address and telephone number that the User wishes CodeZyme to use in its communication with the User in the Service.. Termination of this Agreement and notification of amendments of the terms of use in accordance with section 8.1 above shall be made by e-mail. All messages to CodeZyme shall be sent by e-mail to support@zymego.com.
