Terms of use Coala heart monitor for consumers
CL 11-01-05 ver 04
These terms and conditions (“Terms“) apply to Coala Heart Monitor, the Coala Application (the “Coala App“), the www.coalasolutions.com (the “Website“), and the digital services offered on the Website. This includes the cloud-based Coala Care Portal and analysis results from it collectively referred to as “Coala subscription”.
These Terms are entered into between Coala Solutions AB (hereinafter referred to as “Coala Solutions” and referred to as “we“, “our“,” us“) and the user of Coala subscription (hereinafter referred to as “you“, “you“, “your“).
By applying for a Coala subscription through the Website or a retailer, you agree to these terms and agree to be bound by them. If you do not agree to the terms, you cannot enter into a Coala Heart Monitor subscription. We further ask you to read our Privacy Policy and the remaining terms carefully.
If you have purchased Coala services or Heart Monitor from one of our resellers, your terms of purchase and any right of withdrawal are further settled in the contract entered into between you and the retailer in question.
Information about us
Company: Coala Solutions AB
Organization number: 556248-3700
Address: Östermalmstorg 1, 114 39 Stockholm, Sweden
Email: info@coalasolutions.com
Coala heart monitor system
The Coala Heart Monitor system, which includes the Coala Heart Monitor, the Coala app, cloud-based analytics, and a Coala subscription, is a medical technology-based system designed to collect, measure, analyze and present heart data via the Coala app on a smartphone. The Coala Heart Monitor may be purchased either through the Website or at other retailers (“Coala Retailer”). When purchasing on the Website, Coala Heart Monitor will be delivered to you at the delivery address or the nearest pick-up point that you specified at the time of purchase.
Disclaimer
Use of your Coala services
Please note that the results displayed in the Coala App are intended to be used as an indicator of your state of health, and the data should only be shared for informational purposes. Coala Solutions expressly disclaims all liability for errors and damages arising from the use of the Coala Heart Monitor and the Coala App and makes no warranties (express or implied) concerning the health information presented in connection with measurement. At the slightest doubt about your health, Coala Solutions recommends that you always contact your health clinic or 112 in case of emergency.
Please note that no Coala services are applicable for the diagnosis of chest pain. In case of acute chest pain symptoms, you should contact a healthcare professional or an emergency facility.
Use of HjärtupplysningenTM services
Please note that Coala Solutions is not responsible and cannot be held responsible for the advice of the Heart Information Service or any other external healthcare provider in connection with your subscription. Healthcare professionals at Hjärtupplysningen are subject to the same laws and regulations on care as all other healthcare professionals in Sweden.
Coala subscriptions
There are two types of Coala subscriptions: Coala Basic and Coala Premium. Below in these Terms, “Coala Subscription” means either a Coala Basic subscription or a Coala Premium subscription. To use the Coala Heart Monitor, you must have a valid subscription.
Coala Basic subscription
A Coala Basic subscription consists of access to the Coala Heart Monitor via the Coala app. All subscriptions include an unlimited number of measurements as well as storage, and each subscription is individual and intended for use by the owner of the Coala Heart Monitor.
Coala Premium subscription
A Coala Premium subscription consists of access to the Coala Heart Monitor via the Coala app. In addition to the Basic features, Premium users gain access to Hjärtupplysningen™ and its staff who provide tailored user consultation over the phone based on the results of the ECG measurement, the user’s profile, and the anamnesis provided at the time of the consultation. All this together forms the basis for further analysis and support for the individual’s medical judgment from the healthcare provider.
When you choose to purchase a Coala Premium subscription, you give Hjärtupplysningen™ access to your heart data and stored results. Hjärtupplysningen™ can be reached by phone via the Coala app on non-holiday Mondays to Fridays between 08:00 and 21:00 (Central European Time). The Coala Premium subscription includes 12 phone consultations over a 12-month subscription period.
Please note: If a result shows a deviating ECG, Coala Solutions recommends that you repeat your recording according to the instructions in the user manual and, if necessary, contact your healthcare provider or 112 in case of an emergency. Hjärtupplysningen™ can serve as a point of contact for Premium users when they get a deviating result.
Ordering Coala subscription and contractual content
You can only apply for a Coala subscription if you are 18 years of age or older. You must also have a Swedish social security number, a smartphone, and an email account to be able to create a user account in the Coala app. More information about the compatibility requirements can be found on the Website under the tab “questions and answers”.
You may only order one (1) Coala subscription for one (1) Coala Heart Monitor, by purchasing a Coala subscription through the Website. We acknowledge receipt of your application by sending an order confirmation to the email address you provided in connection with the application. When you receive a confirmation email from Coala Solutions, an agreement on the subscription has been concluded. However, we reserve the right to refrain from entering into a contract with a party without giving reasons. In such a case, no confirmation email will be sent, and we will instead notify you that we are refraining from entering into a contract with you.
Duration and termination of the agreement
When purchasing a Coala Heart Monitor, you also order a twelve (12) month subscription with the product (Basic or Premium subscription). After the twelve months, you can choose to extend the Coala Heart Monitor system with Basic or Premium subscriptions that can be 1, 6, 12, or 24 months long.
Ongoing subscriptions
A 1-month subscription automatically renews with a new subscription period of 1 month (ongoing subscription), unless the subscription is canceled. You can cancel your subscription at any time and it will expire the following month.
Fixed subscriptions
Subscription periods of 6, 12, or 24 months are fixed subscriptions, and will automatically end when they reach their end date unless you choose to extend your subscription.
Cancel subscriptions
To cancel an ongoing subscription, we ask you to visit My Pages and make the necessary changes to your subscription settings.
Subscriptions can be canceled before the subscription expires but are valid until the end date.
Please note that Coala Solutions reserves the right to cancel your Coala subscription without giving reasons, in which case Coala Solutions will refund all applicable prepayments.
After the subscription has reached its end date, Coala Solutions will retain your heart data for at least one (1) year for Basic subscribers and three (3) years for Premium subscribers. This allows you to use historical data when purchasing a future subscription. We refer to our Privacy Policy for more information on this matter.
If you wish to delete historical data stored at Coala Solutions, support should be contacted for this action to be carried out by our Privacy Policy.
Rates
Subject to any errors, prices and shipping costs are indicated on the Website. The prices for Coala Basic subscription and Coala Premium subscription include VAT.
Prices and shipping costs are subject to change over time and will be communicated through available channels.
Payment
Payment to Coala Solutions must be made using the payment methods specified by Coala Solutions on the Website or by the retailer.
Payments for Coala Heart Monitor and Coala subscriptions are handled according to one (1) of the following four (4) options (subject to availability):
- If you purchase your Coala Heart Monitor through a retailer, the payment of the Coala Heart Monitor and the accompanying subscription (Basic or Premium) will be handled entirely through the retailer.
- If you purchase your Coala Heart Monitor including a Basic or Premium subscription through the Website, the Coala Heart Monitor and the accompanying subscription (Basic or Premium) will be payable according to the payment methods specified at the time of purchase.
- If you purchase a subscription for your Coala Heart Monitor via the Website, payment of the subscription will be made for the entire subscription period at the beginning of the purchased subscription period.
- Payment for ongoing subscriptions will be made five (5) days before the beginning of the next period until the termination of the subscription.
When you accept the terms, you agree that we may charge you using the payment method specified at the time of purchase. Changes to payment methods and/or updating of your payment information can be done via My pages on our Website or via help from the support team that can be contacted at info@coalasolutions.com.
Payment can also be made with a voucher or gift card (according to the terms of the voucher or gift card).
Please note that we reserve the right to make a prior approval and credit check before accepting payments.
Product warranty
Coala Solutions guarantees that the Coala Heart Monitor works for two (2) years by European consumer law. The warranty is valid provided that the Coala Heart Monitor has been used by Coala Solutions operating instructions. If a defect occurs during the warranty period, you must notify Coala Solutions within two (2) weeks of the failure occurring to be reimbursed via the warranty. Upon receipt of the notification and the necessary assessment, Coala Solutions will inform you if the product will be replaced with a new or repaired heart monitor.
Complaints
If the Coala Heart Monitor system does not operate according to the intended use, you can file a complaint with us within a reasonable time after you should have noticed the error and receive instructions on how to return the Coala Heart Monitor. A complaint made within two (2) months of noticing the defect is always considered to have been made in a timely manner. The complaint is made by filling in the complaint form available here. Additional contact details for Coala Solutions are listed above.
We have the right to primarily try to remedy the error within a reasonable time from the time you complained. Any reparations and exchanges will be free of charge to you. If you return The Coala Heart Monitor in connection with a complaint, we will investigate it and notify you by e-mail if we accept the complaint and assume responsibility to rectify the error.
Any refund after an approved complaint will be made as soon as possible and no later than 30 days from the date we received the complained Coala Heart Monitor. The payment method for the refund is the same as the one you have used for the purchase unless you have expressly agreed otherwise with us.
Withdrawal
As a consumer, you have the right to cancel your purchase (right of withdrawal) made at a distance by the Act (2005:59) on Distance Contracts and Contracts Outside Business Premises. The withdrawal period is 14 days and starts to run the day after you have received the Coala Heart Monitor. The right of withdrawal means that you have the right to withdraw from the agreement within the withdrawal period without giving any reason, provided that the conditions for the right of withdrawal are met.
You have the right to open the packaging to examine the Coala Heart Monitor, to determine its functions and characteristics, but if a decrease in value has occurred because you have handled the Coala Heart Monitor to a greater extent than was necessary to establish its properties or function, you shall reimburse us for the decrease in value.
By accepting these terms and conditions, you agree to the commencement of your Coala Solutions subscription (which may be within the withdrawal period).
You may be liable for a part of the service that has been partially performed and/or used until you exercise the right of withdrawal. If you exercise your right of withdrawal, you shall reimburse us for a pro-rata share of the agreed price and/or the ongoing fee for the time that the service was available before you exercised the right of withdrawal. The compensation can be calculated based on the regular price of the service in question.
You exercise your right of withdrawal by contacting us within the withdrawal period and returning the unused Coala Heart Monitor to us without delay in accordance with the instructions of Coala Support. You may contact us through your account on the Website or by sending a message to info@coalasolutions.com or by posting to the following address: Coala Solutions AB, Östermalmstorg 1, 114 39 Stockholm. You can, but are not required to, use the standard form that we have developed for the exercise of the right of withdrawal. The form is available on our Website here.
If you choose to exercise your right of withdrawal, the Coala Heart Monitor shall be returned to us, in any way and well packaged, at the latest within 14 days from the day you notify us that you wish to exercise your right of withdrawal. You are responsible for the return costs when exercising the right of withdrawal.
If you return your Coala Heart Monitor by exercising your right of withdrawal, we will make a refund within 14 days from the date we received your notification that you wish to exercise the right of withdrawal, provided that we have also received a Coala Heart Monitor in return or that you have proven to us that the Coala Heart Monitor has been returned. We will refund the amount paid for Coala’s Heart Monitor and/or Coala Subscriptions, less any depreciation that has occurred due to your handling of the returned Coala Heart Monitor, delivery costs, and other overheads.
The payment method for the refund is the same as the one you have used for purchases unless you have expressly agreed otherwise with us.
Responsibility
If you are a consumer, our responsibility for the Coala subscriptions is described by applicable consumer law. Otherwise, we will only be liable for the violation of these Villkor and a total amount equal to your annual fee for the Coala subscription, unless the reason is serious negligence or willful misconduct. The restrictions do not apply to the extent that they limit your statutory rights as a consumer.
Reasons for exemption from liability
If the fulfillment of our obligations is materially blocked or prevented due to circumstances beyond our control, such as labor disputes, fire, lightning, terrorist attacks, changes in legislation, government intervention and failed or delayed subcontracting services due to the circumstances set forth herein, this shall constitute grounds for relief of liability which means that the date of validity is extended as well as relief from damages and other penalties. However, this shall not limit your rights under the Consumer Sales Act or other consumer protection legislation.
Contact methods
Notices to us should be sent to info@coalasolutions.com. Notices to you will be sent (i) to the email address or postal address you have provided to us or (ii) by posting them on the Website.
Intellectual Property Rights
We own all intellectual property rights to the Website, the Coala Heart Monitor system, the Coala App, and all materials posted on the Website and the Coala Heart Monitor. These works are protected by copyright and patents, and all such rights are reserved.
You may, for your personal use, print a copy and download extracts of pages on the Website. However, you may not use any part of our copyrighted material for commercial purposes without first obtaining a license from us or our licensor.
Through the Coala subscription, you grant us an irrevocable right to quote comments about us, Coala subscriptions, the Coala App, the Coala Heart Monitor, or other connected services that you share on the internet, blog, or social media, and to use the quotes on our Webb site, on social media, and in other marketing.
Additions and amendments
We reserve the right to make changes and additions to these Terms. You are bound by the terms and conditions that were in effect at the time you applied for the Coala Subscription unless we notify you of any changes or additions and you do not notify us within 60 days of the date of such notice that you do not accept such modified terms (the Coala Subscription will expire immediately on the day on which the new Terms become applicable).
Transfer of rights and obligations
You may not transfer your rights or obligations under the Coala Subscription without our prior written consent. However, we may transfer our rights and obligations regarding your Coala subscription at any time during the subscription period. This means that, for example, we have the right to assign consumer claims to third parties.
Governing Law and Dispute
These terms and conditions shall be interpreted and applied by Swedish law. If a dispute arises between Coala Solutions and you, the parties will first attempt to resolve the dispute by settlement. If the parties cannot reach an agreement, the dispute may be resolved by the National Board for Consumer Disputes (“ARN”) to the extent that the Board is competent to review the matter. You can contact ARN via ARN’s website www.arn.se or by post by sending a letter to the Swedish National Board for Consumer Complaints, Box 174, SE-101 23 Stockholm, Sweden. Otherwise, the dispute is decided by the general court.