Terms and Conditions - Amici Events

KEY PRINCIPLES

These Terms apply to Amici’s mobile applications and/or websites in Sweden.

The App/Web Platform services allow you to request services from Third-Party Providers or directly from Amici. These services are provided or made available under Amici’s Brands, including but not limited to Amici.

For Third-Party Services, you enter into an agreement directly with the Third-Party Providers, and in such cases Amici acts as an agent to enable you to request and receive these services.

For Amici-Provided Services, you may be required to accept separate terms governing your use of those services.

Please read these Terms carefully. They contain information about the services, your rights, and other important information.

ABOUT US

We are Getamici AB, a limited company registered in Sweden with the Swedish Companies Registration Office (Bolagsverket), company number 559326-7130, with offices at Sturegatan 20, 114 36 Stockholm. You can contact us at info@amicievent.com.

DEFINITIONS

“Community Guidelines” means the guidelines, as updated from time to time, that set expectations for all users of the Apps and/or Websites.

“Third-Party Providers” are independent third parties and include, without limitation, external transport providers, delivery partners, restaurants, logistics providers, and/or providers of other mobility services.

“Third-Party Services” include, without limitation, services and goods within the fields of transport, delivery, logistics, mobility, and the food and grocery industries, provided to you by Third-Party Providers, for example but not limited to transport services. These services are provided to you through use of the App/Website Services, as defined below.

“Amici” means Getamici AB, or any of its group companies (“we” or “us”).

“Amici Brands” means Amici’s brands, including but not limited to Amici.

“Amici-Provided Services” means services provided to you directly by Amici which may be subject to separate terms between you and us. These may include, without limitation, delivery services and mobility services under the Amici brand.

“Amici Names, Marks or Works” means Amici’s or its licensors’ company names, logos, product or service names, trademarks, service marks, trade dress, other ownership indicators, or copyrights.

TERMS

1. Overview

1.1. These Terms govern your access to and use of Amici’s mobile applications and/or websites (“Terms”). You must carefully read and accept the Terms before accessing and using Amici’s mobile applications and/or websites. Your acceptance of these Terms creates a contractual relationship between you and Amici. If you do not accept these Terms, you may not access or use Amici’s mobile applications and/or websites. These Terms expressly replace prior agreements or arrangements regarding the App/Website Services (as defined below) between you and Amici.

1.2. These Terms apply to the extent they do not conflict with any user and supplemental agreement expressly applicable to Amici’s mobile applications and/or websites. You will be asked to accept any such terms separately.

1.3. Amici acts as an agent for Third-Party Providers in relation to Third-Party Services, and as a service provider for Amici-Provided Services (see Section 4 below).

2. App/Website Services

2.1. The services provided to you by Amici include:
2.1.1. Access to and use of Amici’s mobile applications and/or websites, which enable you to request and receive Third-Party Services and/or Amici-Provided Services; and
2.1.2. Payment collection and processing services (including issuing invoices and receipts on behalf of Third-Party Providers) allowing us to charge you and remit payment to Third-Party Providers’ bank accounts for Third-Party Services, or to Amici’s bank account for Amici-Provided Services (Amici App AB may engage third parties to provide services on its behalf) (together, the “App/Website Services”).

2.2. These Terms govern your use of the App/Website Services in Sweden.

2.3. Amici’s mobile applications and/or websites will be made available to you under various Amici Brands.

2.4. Unless otherwise agreed in writing, the App/Website Services are available to you only for personal, non-commercial use.

2.5. Where available, you may request and receive Third-Party Services or Amici-Provided Services via Amici’s mobile applications and/or websites.

3. Third-Party Services

3.1. For Third-Party Services, Amici acts as a disclosed agent between you and the Third-Party Providers to enable them to provide Third-Party Services to you. Amici does not provide Third-Party Services. All Third-Party Providers are independent actors—registered companies or other legal entities—that are not Amici’s employees.

3.2. When you are logged in, online, and near Third-Party Providers who are also logged into Amici’s mobile applications and/or websites, you will be provided information in Amici’s mobile applications and/or websites about the Third-Party Services before you decide to submit a request.

3.3. Third-Party Providers (for Third-Party Services) and Amici (for Amici-Provided Services) are free to accept or reject a request. An accepted request is communicated to you on the Third-Party Provider’s behalf through Amici’s mobile applications and/or websites and gives rise to a direct contract between you and the Third-Party Provider (for Third-Party Services) and/or between you and Amici (for Amici-Provided Services).

3.4. For certain Third-Party Services, you may be required to agree to separate terms before using such Third-Party Services.

3.5. You may be asked to provide a rating for the Third-Party Provider whose services you requested. The Third-Party Provider may also be given an opportunity to rate you. Third-Party Providers can see your rating in Amici’s applications and/or websites, and this may affect whether they decide to provide Third-Party Services to you.

3.6. The Third-Party Provider is responsible for obligations arising from the Third-Party Services.

4. Amici-Provided Services

4.1. With respect to Amici-Provided Services, Amici acts as the service provider. The specific terms governing Amici-Provided Services will be set out in supplemental terms or a separate agreement.

5. Use of the App/Website Services

5.1. Amici’s mobile applications and/or websites can be downloaded or accessed via most modern internet-connected mobile devices equipped with common operating systems such as Android or iOS.

5.2. You are responsible for the internet connection required to use the App/Website Services and for any tariffs and charges from your mobile operator, including data usage while using Amici’s mobile applications and/or websites. You are also responsible for access to compatible devices and operating systems required for use of the App/Website Services, including any software or hardware updates.

5.3. To use the App/Website Services, you must register on Amici’s mobile applications and/or websites and create an account. At the time of registration you must either be eighteen (18) years old or have reached the age of majority in the country where you register if that age differs from eighteen (18), unless specific terms for Third-Party Services or terms for Amici-Provided Services stipulate other age requirements.

5.4. You must provide certain personal information for registration, such as phone number and email address. To use the App/Website Services, Amici-Provided Services, or certain Third-Party Services, you may need to provide at least one valid payment method (credit card, debit card, or other accepted method). You may need to provide additional information, such as your address, and documents before using certain Amici-Provided Services or Third-Party Services.

5.5. You are not obliged to log in to or use Amici’s mobile applications and/or websites, nor are Third-Party Providers obliged to do so. If you choose to stop using Amici’s mobile applications and/or websites, you may do so without notifying us.

5.6. We may temporarily restrict your access to and use of the App/Website Services if there is suspected breach of your obligations (see Section 6 below) or of these Terms, including cases where we receive fraud complaints. There may be circumstances preventing us from providing you information about the complaint during an ongoing investigation (conducted by us and/or a third party, such as the police).

6. Your Obligations

6.1. When using the App/Website Services, you must comply with all applicable laws. You may only use the App/Website Services for lawful purposes and for the purposes for which, as otherwise referenced in these Terms, they are intended. You must not misuse Amici’s mobile applications and/or websites or attempt to mislead us or Third-Party Providers.

6.2. You must provide accurate and complete information when registering an account and when using the App/Website Services.

6.3. Your account is personal. It may not be licensed or shared unless expressly permitted by Amici. When you create an account, you:

must not register an additional account unless we consent in writing;
must not allow a third party to use your account or transfer your account to a third party;
must ensure your account information is accurate, complete, and up-to-date;
must keep your login credentials confidential; and
must immediately notify us if you suspect anyone else knows your username or password, or if you suspect someone is using your account.

6.4. You will be held responsible for payment of any fees or charges resulting from the provision of Third-Party Services or Amici-Provided Services requested from your account, as further described below.

6.5. When using the App/Website Services, you must not cause inconvenience, disruption, nuisance, or property damage to Third-Party Providers, Amici, or any other party.

7. Fees and Payment

7.1. Fees for the App/Website Services
7.1.1. You will not be charged for using the App/Website Services. However, we reserve the right to charge a usage fee. In such case, you will be informed in writing and given the opportunity to terminate the Terms before any fee is charged. If you choose to terminate these Terms, you will no longer have access to or use of the App/Website Services.
7.1.2. We reserve the right to introduce a fee for certain features in Amici’s mobile applications and/or websites. These features may be subject to separate terms.

7.2. Fees for Third-Party Services and Amici-Provided Services
7.2.1. If you submit a request through Amici’s mobile applications and/or websites, you agree to pay the applicable fees as presented in Amici’s mobile applications and/or websites, and you will be responsible for any charges associated with your account in accordance with Section 6.4 above.
7.2.2. Depending on the Amici-Provided Service or Third-Party Service used, including but not limited to its location, fees may be shown in Amici’s mobile applications and/or websites before a request is submitted. Otherwise, fees will depend on your usage of Third-Party Services or Amici-Provided Services. We may provide estimates of these fees. Please note that the final amount charged may differ from the estimate.
7.2.3. You may be charged additional fees, expenses, and/or penalties by Third-Party Providers for your use or misuse of Third-Party Services (such as repair or cleaning fees) or by Amici for your use or misuse of Amici-Provided Services.
7.2.4. In certain cases, if the Third-Party Service or the Amici-Provided Service cannot be performed due to your actions or omissions (for example, if you are not present to receive a delivery), all fees may still apply.
7.2.5. When the Third-Party Service or the Amici-Provided Service has been performed, we may issue an invoice to you directly or on behalf of the Third-Party Provider, as applicable. The invoice will include VAT where applicable.

7.3. General
7.3.1. Fees may change in Amici’s mobile applications and/or websites from time to time.
7.3.2. Fees do not include tips. Where available, you may leave a tip, either in person or through Amici’s mobile applications and/or websites. We collect tips left through Amici’s mobile applications and/or websites and remit them on your behalf.
7.3.3. Unless otherwise agreed, all fees fall due at the time of submitting a request and charging will be performed by Amici via the payment method linked to your account, after which Amici will send a receipt by email. If your preferred payment method cannot be charged, Amici may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to attempt to collect payment again.
7.3.4. Fees include applicable taxes, including VAT.

8. Cancellation

8.1. In some cases, you do not have the right to cancel your request for Third-Party Services or Amici-Provided Services once the request has been accepted. Notwithstanding the foregoing, for certain Third-Party Services, Amici or the Third-Party Provider may allow you to cancel your request, but you may then be charged a cancellation fee.

8.2. Amici may decline requests and cancel Third-Party Services or Amici-Provided Services if there is justified suspicion regarding the accuracy and reliability of a request or the contact information. Even in such cases, a cancellation fee may be charged.

9. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use Amici’s mobile applications and/or websites on your device solely for your private use and to provide you access to information made available via Amici’s mobile applications and/or websites. All rights not expressly granted herein are reserved by Amici and Amici’s licensors.

10. Intellectual Property

We reserve all rights not expressly listed in these Terms. The services on our mobile applications and/or websites, our devices, and all information collected through Amici’s mobile applications and/or websites (including all intellectual property rights therein) are and remain our property or that of our licensors. You may not, and may not permit others to:
(a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or rent any part of Amici’s mobile applications and/or websites;
(b) reverse-engineer or attempt to extract the source code of Amici’s mobile applications and/or websites except as permitted by law;
(c) launch or cause to launch programs or scripts for the purpose of scraping, indexing, monitoring, or otherwise data-mining any part of Amici’s mobile applications and/or websites or information;
(d) use, display, or manipulate the Amici Names, Marks, or Works for any purpose other than use of Amici’s mobile applications and/or services;
(e) create or register (i) companies, (ii) internet addresses, (iii) domain names, (iv) names or titles of software applications, or (v) usernames or social-media profiles that contain the Amici Names, Marks, or Works or confusingly or substantially similar marks, names, titles, or works;
(f) use the Amici Names, Marks, or Works as your social-media profile or background image;
(g) buy keywords (including, without limitation, Google Ads) that contain the Amici Names, Marks, or Works; or
(h) apply to register, reference, use, copy, and/or claim the Amici Names, Marks, or Works, or confusingly or substantially similar names, marks, titles, or works, in any way or for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, and/or creative works; other than as permitted under the limited license granted above.

11. Privacy Policy

We collect, use, and share information from or about you in accordance with our Privacy Policy. Additional privacy policies may apply, including from external controllers, with respect to Amici-Provided Services and Third-Party Services.

12. Your Liability and Indemnification

12.1. You are responsible for damage to us arising from your breach of these Terms, your misuse of the App/Website Services, or your violation of laws or third-party rights. You are responsible for all activities performed via your account unless those activities were not authorized by you and you were otherwise not negligent.

12.2. To access the App/Website Services, you agree to indemnify, defend (at our option), and hold us and our officers, directors, and employees harmless from all claims, liabilities, costs, damages, penalties, employer contributions, and taxes arising out of or in connection with breaches of these Terms, violations of applicable law, or third-party claims directly or indirectly related to your use of Third-Party Services, Amici-Provided Services, or services in general.

13. Disclaimer

We provide the App/Website Services “as is” and “as available.” The App/Website Services may be subject to limitations, delays, and/or other inherent issues associated with the use of the internet and electronic communications and are not always guaranteed to be available and error-free.

14. Limitation of Liability

14.1. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, nor does it alter your consumer rights where they cannot be waived under applicable law.

14.2. We are not liable under or in connection with these Terms, including but not limited to contractual liability, tort (including negligence or misrepresentation), compensation, or otherwise for any of the following related to use of the App/Website Services: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) reduction of anticipated savings; (v) reduction in use of or corruption of software, data, or information; (vi) loss of or damage to goodwill; and (vii) indirect or consequential losses.

14.3. We are not liable for:

damage or losses attributable to any transaction between you and a Third-Party Provider; or
the availability and reliability of content, products, or services from a Third-Party Provider.

14.4. We are not liable for delayed or failed performance caused by circumstances beyond our reasonable control.

14.5. Our total liability for your use of Amici’s mobile applications and/or websites (where the allocation of liability between you and us is not regulated by a separate agreement) shall never exceed five thousand Swedish kronor (SEK 5,000).

14.6. To the extent permitted by law, we disclaim all warranties and any liability for acts or omissions by you or any third party.

15. Termination

15.1. You are free at any time to use the App/Website Services (where possible) and to terminate these Terms and the App/Website Services by closing your account.

15.2. We may terminate these Terms and your access to the App/Website Services with immediate effect if we determine that you have breached these Terms or any agreement between you and Amici for the provision of Amici-Provided Services.

15.3. Amici may, at its sole discretion, terminate these Terms or suspend the App/Website Services at any time by giving you reasonable prior written notice.

15.4. If we cannot charge you for fees via your preferred payment method, we may suspend or remove your access to Amici’s mobile applications and/or websites until payment is made.

15.5. Upon termination, you must immediately pay any outstanding fees to Third-Party Providers or Amici. Any unpaid fees survive termination and we reserve the right to collect payment after termination.

16. General

16.1. Amici may change these Terms from time to time. We will notify you of changes with reasonable notice. You will be bound by such changes when they are announced in Amici’s mobile applications and/or websites or by email. If you do not accept such changes, you are free to close your account in accordance with Section 15.1.

16.2. Any invalid provisions of these Terms do not affect the validity and enforceability of the remaining Terms. Any invalid, illegal, or unenforceable provision shall be deemed deleted.

16.3. We may assign, subcontract, or transfer these Terms or any of our rights or obligations hereunder, in whole or in part, without your prior consent, provided this does not reduce the rights you are entitled to under these Terms or by law. You may not assign, subcontract, or transfer these Terms or any of our rights or obligations, in whole or in part, because your use of the mobile applications and/or websites is personal, unless otherwise agreed.

16.4. These Terms constitute our entire agreement with you, together with any additional agreements regarding the provision of the App/Website Services, and replace all prior agreements regarding your access to and use of the App/Website Services.

16.5. You may be asked to accept additional Terms to access or use the App/Website Services. In the event of a conflict between these Terms and a separate agreement, the latter shall prevail unless otherwise stated in that separate agreement.

16.6. There are no third-party beneficiaries to these Terms except as stated in these Terms.

17. Dispute Resolution Procedure

For users who are consumers, Amici may make available a mediation procedure for consumer disputes related to the App/Website Services or these Terms to promote amicable settlements. Eligible consumers may also submit complaints regarding our services or these Terms to the European Commission’s Online Dispute Resolution platform, available pursuant to Regulation (EU) No 524/2013 of 21 May 2013. Amici is not committed to using any online dispute resolution platform to resolve consumer disputes.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed exclusively in accordance with the laws of Sweden, excluding its conflict-of-laws rules, unless you reside in the EU and mandatory consumer-protection rules in your country of residence provide more favorable provisions for you, in which case those may apply. The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. You may bring legal action regarding the services before a competent Swedish court. If you live in the EU, you may also bring legal action regarding the services before a competent court in your country of residence. If you live in the EU, we may bring legal action against you only in your country of residence, unless you act as a business, in which case you agree to submit to the exclusive jurisdiction of the Dutch courts.

By accepting these Terms, you agree to be bound by them.