Terms for Lyfja app

1. General[1]

1.1. The following sets out the terms and conditions on which Lyfja hf., ID no. 531095-2279, Hagasmári 1, Kópavogur (“Lyfja”) supplies products and services through a mobile application (the “App”). By signing in to, and using the App, the User (“Customer”) accepts these terms and conditions. Customers of Lyfja may use the App free of charge.

1.2. By downloading the App to his smart device, creating an account, and using the services Lyfja provides through the App, the Customer declares that he has read, understood, and accepted these terms and conditions in their entirety and that he will follow these terms and conditions completely. It is prohibited to use the App without accepting these terms and conditions.

1.3. Any usage of the App is limited to actions that may be considered ordinary and legal, and to the information and services offered at any time.

1.4. Lyfja‘s Data Protection Policy, Security Policy, and Lyfja´s general Terms and Conditions otherwise apply to the services Lyfja provides, and are all accessible on Lyfja´s website, www.lyfja.is.

2. The Services

2.1. The App enables the Customer to purchase Lyfja‘s products and services through the App and to utilize any other activity the App provides at each time (together referred to as the „Services“). It is inter alia possible to purchase prescription medicine and certain associated products through the App. Home delivery of orders is also available. Furthermore, there will be an option to chat with Customers in the App. A security appraisal of the App, acknowledged by the Directorate of Health, has been performed by an independent information security expert.

2.2. The Services, and any usage of the App, is intended exclusively for the Customer.

2.3. Customers may grant third parties a Power of Attorney to conduct business in the App on their behalf.

2.4. Lyfja determines unilaterally what Services are available at any time, and reserves all right to make alterations or additions to the Services, including regarding security demands.

3. Access and security

3.1. The Customer agrees and understands that he is responsible for ensuring the secrecy of his user identification, which enables him to access Lyfja‘s Services through the App.

3.2. When registering for the first time with an electronic certificate, the Customer shall confirm the electronic certificate as a certification procedure, and simultaneously choose a four-letter PIN for accessing the App. The Customer can also choose to sign in to the App with a fingerprint or eye scan, instead of a PIN number. To ensure the utmost security, the Customer, after logging in using a digital certificate, will only stay logged in for a certain amount of time, the duration of which is decided in agreement with the Directorate of Health.

3.3. In order to protect any data concerning the Customer that is accessible through the App, and to prevent any person or entity other than the Customer from using the App, the App is locked with a PIN number that the Customer chooses, a number known only to the Customer. Unlocking the App with the PIN number equals a Customer‘s certificate.

3.4. Should the Customer in any way become aware of an unidentified party acquiring his user identification, he agrees to inform Lyfja immediately and acknowledges his responsibility to change the PIN number or close his App account. The PIN number can be changed in the App.

3.5. The App may only be set up on a smartphone that is in the Customer‘s ownership or care. If the Customer lends, sells or grants another party access to the telephone in which the App has been downloaded, the Customer undertakes to log out or delete the App beforehand.

3.6. The Customer could be disconnected from the App for various reasons, for example, due to hardware failure, technical failure, software failure, or system updates.

4. Duties and Warranties

4.1. It is important that the Customer ensures the safe usage of the App, including by ensuring that any use of the App is in accordance with these terms and conditions.

4.2. The Customer accepts full and unlimited responsibility for all actions that are performed after the App has been activated, whether after logging in with a digital certificate, PIN, fingerprint scan, or eye scan.

4.3. The Customer shall make the necessary personal security precautions through his personal safety functions, for example by locking a smart device.

4.4. Lyfja reserves the right to alter its security demands without notice.

4.5. The Customer is prohibited from sharing or granting information regarding his personal security precautions to others. The Customer shall take the necessary cautionary measures to ensure the security of his personal safety functions so that unidentified parties are unable to access or gain knowledge of access information.

4.6. If the Customer lends, sells, exchanges, or grants another party access to the smart device to which the Services has been connected, or decides for any other reason to cease the use of the Services, he shall first erase all personal information from the smart device, including the App. Should the Customer fail to secure his personal safety functions in accordance with the aforementioned it shall be considered gross negligence on his behalf.

4.7. Should the Customer suspect that his PIN number or other safety functions, such as the smart device‘s password, are known to anyone else he shall change them and notify Lyfja immediately via an email to personuvernd@lyfja.is.

4.8. In case of a suspected unauthorized or fraudulent use of the Services, or if these terms and conditions are breached, Lyfja may unilaterally and unconditionally terminate the Customer‘s access to the Services. Furthermore, Lyfja reserves the right to terminate access to the Services provisionally, unconditionally, and without notice, if it is necessary for reasons such as updates, alterations to the Services or other technological measures.

5. Limits to Lyfja‘s liability

5.1. Lyfja is not responsible for the Customer‘s use of the App.

5.2. Lyfja is not responsible for the following: a) losses that may be incurred as a result of a lack of knowledge, misunderstanding or misuse on behalf of the Customer or another party with or without a Power of Attorney in accordance with the App‘s terms of use; b) losses that may be incurred by the hardware or software or the App; c) losses that may be incurred due to incorrect purchases; d) losses that may be incurred as a result of a lack of knowledge, misunderstanding, misuse or wrong transactions on behalf of the Customer or the actions of another party with a Power of Attorney; e) losses that may be incurred due to a fault or failure in the hardware or software designed to receive the Services; f) losses that may be incurred due to the information or actions of a third party.

5.3. Lyfja is not responsible for any discomfort, costs, or other financial losses, whether direct or indirect, that may be traced to closures, access interferences, or any other disturbances of the Services.

5.4. Lyfja is not responsible for losses that may be traced to the actions, or lack thereof, of a third party or faults in the Services.

5.5. Lyfja is not responsible for losses that may be traced to incidents due to natural disasters, wars, work stoppage, or due to incidents that have been classified as force majeure. Furthermore, Lyfja is not responsible for losses that may be incurred due to Lyfja‘s legal obligations.

5.6. Should the Customer violate these terms and conditions or any other of Lyfja‘s terms and conditions, Lyfja may block his access of the App. The same applies if the Customer becomes aware of any misuse or attempted misuse of information accessible on the App.

6. Intellectual Property

6.1. The App is the property of Lyfja and any alterations or copies of it are prohibited.

6.2. All intellectual property connected with the Services is the property of Lyfja. Intellectual property consists of, among other things, copyrights, design rights, right of ownership, know-how, trademark rights, patent rights, as well as any related rights, whatever they are named, direct or indirect.

6.3. Usage of the App is prohibited if the operating system of the smartphone in question has been tampered with, or its safety threatened for other reasons, such as due to the installment of a dubious program.

7. Personal data

7.1. Through providing the Services, and in connection with providing it, it is necessary to process certain information regarding the Customer, such as contact details and communications history, official information, and also sensitive personal information concerning the sale of medicine, in certain circumstances. The personal data that Lyfja receives from the Customer or a third party, through the usage of the App, and is used to provide the services, is processed in accordance with laws on the protection of personal data and the processing of personal data. The Customer is the owner of any personal data processed by Lyfja in connection with the Services.

7.2. The Customer agrees to Lyfja‘s processing of his personal data, concerning the use of the App in accordance with Lyfja‘s policies on data protection, security policy, as well as terms and conditions that include detailed information on Lyfja‘s security affairs and processing of personal information. Lyfja reserves the right to update its policies and terms, the policies of which in force at any time being the versions of such policies that are accessible on Lyfja‘s website at that time.

7.3. Lyfja‘s Data Protection Policy otherwise applies to personal data and processing of personal data.

8. Other Provisions

8.1. The Customer will only receive messages or notifications from Lyfja should he agree to it through the App. The Customer may retract such approval at any time through the App. The messages/notifications will concern the Customer‘s use of any Service being provided at any time, such as the location of the Customer‘s delivery during the buying procedure.

8.2. Lyfja reserves all right to decide unilaterally what Services are being provided through the App at any time, as well as to block his access to information provisionally unconditionally and without any prior notification should it be necessary for reasons such as file updates, systems changes and the like.

8.3. Lyfja may unilaterally change these terms and conditions at any time and such changes take effect immediately.

8.4. Any notifications to Lyfja shall be sent by email to personuvernd@lyfja.is.

8.5. These terms and conditions shall be governed by Icelandic law. Should any provision of these terms and conditions be ruled invalid, illegal, or unenforceable, the validity, legality or enforceability of other provisions shall not be affected.

8.6. Any disputes arising from these terms and conditions shall be settled by the District Court of Reykjavík.

These terms are in effect from July 1, 2020.