These Terms of Service for End-User (hereinafter referred to as the “Terms”) constitute an agreement between Hello Hilma AB, corporate registration number 559435-5611, a company incorporated under the laws of Sweden (hereinafter referred to as the “Hello Hilma”), and you as an end-user of the services provided by Hello Hilma (hereinafter referred to as “you” and “End-User”).
Hello Hilma provides an online service with marketplace and communication platform for professional advisory services to an online audience, provided as available via a website and mobile applications, currently on www.hellohilma.com and/or the Hello Hilma app on iOS and Android (hereinafter referred to as the “Platform”).
An advisor is a coach, a counsellor, a therapist or any other individual or company providing its counselling services via the Platform (“Advisor”).
These Terms govern End-User’s use of the Platform and shall apply to all end-users using the Platform.
1. Acceptance of the terms
1.1 Prior to using the Platform to book counselling sessions provided by Advisors, End-User must have read, understood, and accepted these Terms. By checking the box for acceptance of the Terms during the account registration process, you agree to strictly adhere to these Terms and to be legally bound to the Terms in relation to Hello Hilma. Further, End-User undertakes to carefully read any and all future revisions of or amendments to these Terms and not to use the Platform unless End-User has read, understood, and accepted such revised or amended Terms.
1.2 Hello Hilma may modify and amend the Terms. Such amendments shall enter into effect thirty (30) days from the date when Hello Hilma has provided notice of the changes to End-User. Such notice can also be provided on the Platform. If End-User finds that the proposed modifications or amendments encompass a limitation of End-User’s rights in a way that End-User cannot accept, End-User may terminate its account.
1.3 To be able to create an account and accept the Terms, you need to at least be 18 years old. If you are under 18 years old, you may set up an account only if agreed to by a parent or legal guardian. In such case, End-User’s parent or legal guardian agrees to be legally bound by the Terms. Hello Hilma disclaims any liability related to the use of the Platform by anyone under the age of 18 without acceptance from its parent or legal guardian.
1.4 The Terms in effect will be available on the Platform. If you do not agree to these Terms or any updates versions of the Terms, you may not use the Platform.
2. Account creations
2.1 End-User needs to create an account in order to get access to all functionalities on the Platform. Your account is for your sole, personal use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
2.2 You are responsible for providing accurate, current, and complete information in connection with your registration and use of the Platform. In relation to Hello Hilma and Hello Hilma’s partners, you are solely responsible for all information communicated or transmitted through the Platform and your account. Information means for example text, pictures, sounds, data, video, and links.
2.3 End-User is solely responsible for maintaining the confidentiality of login information. Hello Hilma shall have no responsibility for any unauthorized use of End-User’s account.
3. The platform
3.1 The purpose of the Platform is solely to facilitate the connection and interaction between the Advisors and you, the End-User in need of counselling advice. The counselling services are provided by the Advisors by using the Platform and not by Hello Hilma.
3.2 You may use the Platform only for its intended purpose that are permitted by applicable law and regulation. You undertake to comply with Hello Hilma’s applicable Terms and guidelines. You may not use the Platform in a way that causes Hello Hilma, the Platform, the Advisor or other third party any harm. If you become aware of the Platform being used in violation of these Terms, you shall, if possible, immediately terminate such use and inform Hello Hilma.
3.3 The Platform may include rating and/or review functionality. If you leave a rating and/or review, it shall be truthful, factual, polite, and related to an actual experience relevant for the rating/review. The Advisor and Advisor’s counselling services may be rated by End-Users. Hello Hilma may remove or amend reviews not fulfilling the requirements of this clause.
4. Services offered by advisors
4.1 On the Platform, you can browse available Advisors and schedule an appointment with an Advisor. Hello Hilma will only take part in providing the possibility to book appointments with Advisors and facilitate the technical interaction between you and the Advisor.
4.2 Hello Hilma does not take part in the counselling session between an Advisor and you. To avoid doubt, Hello Hilma is the provider of the Platform and not an Advisor itself. All counselling is provided by the Advisors. The counselling will be carried out with the functionality as available on the Platform, such as chat or video call.
4.3 The Advisor may choose if and what kind of counselling they want to provide to you and how the counselling shall be provided. The Advisors will provide their counselling under a separate agreement with you concerning their counselling service. All agreements between an Advisor and you regarding the Advisor’s counselling service are solely between you and the Advisor. Hello Hilma is not a party to any agreement between the Advisor and you. Hence, complaints and issues regarding an Advisor’s counselling must therefore be resolved between the Advisor and you.
5. Payment
5.1 It is free of charge for you to browse available Advisors on the Platform.
5.2 If you want to purchase a session with an Advisor, you will be required to pay the counselling fee as stipulated by the Advisor on the Platform at the time of booking. Further, Hello Hilma may require you to pay a booking fee or service fee, as from time to time indicated on the Platform in conjunction with your booking.
5.3 Prior to scheduling a counselling session, you will be required to provide your payment details. Payment is administered by the payment service provider Stripe. Consequently, particulars regarding your payment will be provided by you directly to Stripe. When providing your payment details, you expressly authorize Stripe to charge you for the selected services in accordance with Stripe’s applicable terms and conditions.
5.4 Your payment details, such as credit card details, will not be accessible for Hello Hilma.
5.5 Hello Hilma may suspend your access to the Platform if any payment remains due. Hello Hilma shall have no liability for delay or damage caused by such cancellation or suspension, and it does not limit our right to claim damages or terminate your account due to lack of payment.
5.6 Hello Hilma and any Advisor are entitled to adjust the prices. The adjusted fees will be posted on the Platform. Any new booking made thereafter will be made according to the updated fees.
6. Cancellation and refunds
6.1 A booked session with an Advisor can be cancelled free of charge up to 24 hours prior to the start of the booked appointment. If you cancel your session later than 24 hours prior to the start of the booked session, a cancellation fee of 50 percent will be deducted from your payment and 50 percent will be refunded to you. If a session is cancelled by the Advisor or Hello Hilma, a full refund will be made to you.
6.2 No refund will be made in cases where the entire session time is not used. The booked time of an appointment is merely a guideline.
6.3 Advisor holds the financial risk of any refunds and delivery of the advice and is administratively responsible for the transaction and potential refunds. The payment shall be made through Stripe unless otherwise agreed. Hello Hilma reserves the right to correct any errors or mistakes that it makes concerning the payment.
6.4 If Hello Hilma has charge you a booking fee or service fee in conjunction with your purchase, such fee is non-refundable in case of cancellation.
6.5 The fees indicated on the Platform are inclusive of VAT, unless indicated otherwise.
7. Responsibilities of end-user
7.1 You may not copy the contents of our Platform, including but not limited to any of the records or profiles of Advisors and other users, and you are prohibited from using any technology, method or scheme to reproduce or mirror all or any portion of the contents of our Platform, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of our Platform.
7.2 You may not use the Platform to recruit, solicit, or contact Advisors for employment or contracting for a business not affiliated with the Platform.
7.3 You agree not to communicate or publish information that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation).
7.4 By posting content to any public or user area of the Platform, you guarantee that you have the right to grant, and you do grant, Hello Hilma an irrevocable, worldwide, royalty free license to use, copy, perform, display, reproduce, adapt, modify, and distribute such content and to prepare derivative works of, or incorporate into other works, such content. You further represent and warrant that public posting and use of your content by Hello Hilma will not infringe or violate the rights of any third party. Your use of the Platform, including but not limited to the content you post on the Platform, must be in accordance with the Terms and all applicable laws and regulations.
8. Intellectual property rights
8.1 The service marks and trademarks “Hello Hilma”, “Hilma” and the Hello Hilma logo are marks owned by Hello Hilma. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the Platform are the properties of Hello Hilma or otherwise their respective owners. You acknowledge the rights of Hello Hilma and the respective third parties in those marks and that you may not copy or use any of these marks, logos, or trade names without the prior written permission of the owner.
8.2 Hello Hilma holds all rights, including intellectual property rights, to the Platform and its content, including but not limited to copyright, corporate secrets, know-how and trademarks. Nothing in the Terms, by implication, estoppel or otherwise, is to be interpreted as meaning that the above-mentioned rights, or part thereof, will be transferred to the End-User. The End-User is merely granted the limited right to use the Platform for its intended use in accordance with the Terms for as long as the End-User holds a valid user account.
9. Personal data
9.1 To be able to provide the Platform, Hello Hilma will process personal data attributable to the End-User. Hello Hilma is the data controller for such processing of personal data.
9.2 Hello Hilma is committed to maintaining the privacy and security of your personal data. Hello Hilma will only process the information provided from you in accordance with the General Data Protection Regulation (EU 2016/679), also known as the GDPR, and Hello Hilma’s Privacy Policy as available on the Platform. For more information, see Hello Hilma’s full Privacy Policy.
9.3 Hello Hilma will not take part in any counselling sessions or other interaction between you and Advisor and will not have access to or save any personal data relating to any counselling. Hello Hilma will not have access to any such personal data. For the avoidance of doubt, if Advisor extracts personal data from the Platform, Advisor shall be solely responsible for the lawfulness of such processing in accordance with applicable data protection laws (including, without limitation, the General Data Protection Regulation), including any imposed sanctions and liability towards the End-User.
9.4 Hello Hilma is not responsible for an Advisor’s processing of the personal data that you have provided them with and consequently disclaims all liability in this regard.
10. No warranty
10.1 This Platform, the information and materials contained and made available through the Platform, including text, graphics, information, links, or other items are all provided “as is” and “as available”.
10.2 Hello Hilma does not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Platform or through the Advisor’s services or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any Advisor through or on the Platform. Hello Hilma does not warrant that your use of the Platform will be secure, uninterrupted, safe, always available, error-free or will meet your requirements, or that any defects will be corrected. In addition, Hello Hilma makes no representation or warranties of any kind whether express or implied regarding the suitability and credentials of any Advisor.
11. Limitation of liability
11.1 To the fullest extent permitted by applicable law, Hello Hilma will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands, or damages, direct or indirect, of every kind and nature, arising out of or in any way connected with the advice and counselling provided by the Advisors.
11.2 You agree that Hello Hilma will not be liable for any indirect, incidental, special, consequential or exemplary damages, resulting from or relating to: (i) the use or the inability to use the Platform; (ii) advise, statements or conduct of the Advisors; or (iii) any other matter relating to the Platform. You agree that Hello Hilma’s aggregate liability in relation to you for direct damages can never exceed a total amount of SEK 500.
11.3 Any claim arising out of or relating to these Terms and/or your use of the Platform must be commenced within six (6) months from the incident giving rise to the claim; otherwise, such cause of action or claim is permanently barred.
12. Indemnification
12.1 You agree to indemnify, defend, and hold Hello Hilma harmless from and against any and all claims, losses, expenses, or demands of liability, including but not limited to reasonable attorney’s fees and costs in connection with any claim arising out of your use the Platform and your violation of these Terms.
12.2 You shall indemnify and hold Hello Hilma harmless from any claim, controversy or damages that may arise from any dispute between you and any other user of the Platform and/or Advisor.
13. Termination of your account
13.1 You may at any time terminate your use of the Platform and close your account with Hello Hilma. These Terms will apply until your account has been closed. As a consequence of your termination, Hello Hilma will delete all information that can be attributed to you. To close your account, use the functionality as available on the Platform or contact Hello Hilma on the contact details below. You will not receive a refund of any fees upon termination.
13.2 Hello Hilma reserves the right, in its sole discretion and without prior notice, to terminate your account and your ability to use the Platform, without liability for any damages this may cause in relation to you.
13.3 If End-User’s account has not been used for a period of twelve months or more, the account may be deregistered by Hello Hilma.
14. Miscellaneous
14.1 You agree that Hello Hilma may communicate with you by sending electronic mail to the e-mail address you have registered with Hello Hilma or by providing information to you through the Platform, regarding these Terms, the Platform, customer service matters or any other communications related to your use of the Platform.
14.2 Hello Hilma may, at its discretion and at any time, alter, modify, correct, amend, and make all other changes to the Platform, as well as remove access to or terminate the Platform, without prior notice or any liability towards End-User.
14.3 Hello Hilma may, from time to time perform maintenance of the Platform or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in accessing the Platform. Further, Hello Hilma will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
14.4 Hello Hilma reserves the right to, without prior notice and without compensation, remove any content, for example containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else’s intellectual property rights.
14.5 End-User is not permitted to assign or otherwise transfer its rights and obligations under this Terms. Hello Hilma has the right, without prior obtaining of approval, to assign the Terms to another company in the same company group as Hello Hilma, or a third party in connection with a transfer of part of or all of Hello Hilma’s assets.
14.6 If any part, term, or provision of the Terms are held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of Hello Hilma to enforce any right under the Terms shall not be regarded as a waiver of such rights. It is expressly understood that all provisions regarding no warranty, limitation of liability and indemnification will remain in full force and effect and shall survive the termination of the Terms.
14.7 The contents of these Terms shall supersede all previous written or oral commitments and undertakings.
15. Governing law and dispute resolution
15.1 These Terms shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
15.2 If you are a consumer within the EU and want to make a claim regarding a purchase via Hello Hilma, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden), Box 174, 101 23 Stockholm, www.arn.se, or the equivalent in your EU-country of residence. For more information, please visit https://ec.europa.eu/consumers/odr/.
15.3 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Stockholm’s district court as the court of first instance.
Contact information
If you have any questions regarding these Terms, please contact:
Hello Hilma AB
Org. no: 559435-5611
E-mail: [email protected]
Address: Katarina Bangata 79, 116 42, Stockholm, Sweden