Scope and object of these conditions. 

Where and why do these conditions apply?

These general conditions govern the relationship between LACTAPP WOMEN HEALTH, S.L. and LACTAPP WOMEN HEALTH, S.L. (hereinafter, «LactApp») and its Users or Clients, by virtue of all service contracts and transactions made through our mobile application, known in the market as LACTAPP (hereinafter, we refer to it as «App», «Application» or «LactApp»). In particular, these terms and conditions are applicable to users or customers who have contracted the payment services of our Application. 

As stated in the Legal Notice, our App and their respective domains belong to the holder mentioned above, who is up to date with their tax and fiscal obligations. 

To contact our team, as a User or Client you can do so with the following contact details: 

Company name:

LACTAPP WOMEN HEALTH, S.L.

Limited Company, registered in the Mercantile Registry of Barcelona

Address

Urquinaona 6, 12B, CP: 08010 Barcelona

CIF:

B-66.777.780

Our domains:

lactapp.es and lactapp.com

E-mail address:

[email protected]

Facebook

LactApp

As we explained on our own website and in their Legal Notices, LactApp is an application that aims to accompany women throughout the period of breastfeeding, ie from pregnancy to weaning. Its main value is that it offers answers adapted to the information provided by the user, according to the answers that are selected within the application itself. 

In our App, website and blog the user will find information generated by us and/or our partners that may also be of interest.

However, the on-line contracting of our services or of those offered and/or promoted or presented through our App, is subject to what is also established in the rest of the applicable legal policies. In particular, when we provide payment services, these conditions will be applicable and, in the event that there is a conflict between those and these conditions, the latter will prevail always and in any case. 

These conditions apply by virtue of the provisions of the security measures required by Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, Organic Law 15/1999 of 13 December on Data Protection (hereinafter LOPD), Royal Decree 1720/2007 of 21 December, having proceeded to the corresponding declaration of files before the Spanish Data Protection Agency; as well as complying with the provisions of Law 34/2002 of July 11, information society and electronic commerce, regarding the installation of cookies (hereinafter, LSSICE).

1.2. What is the purpose of these conditions?

These conditions regulate and detail the rules to be taken into account with regard to the contracting of services by our Users through our App. 

The simple download of the application is free and gives you access to all the breastfeeding and maternity content of the application, which is the user version. Once you have requested and accepted the MEDICAL version, you can access exclusive content and functionalities. Among the free services of LactApp MEDICAL, are:

More than 50 consultation sections with an automatic question-answer service that allows you to obtain personalised answers to doubts, as well as personalised plans and breastfeeding tests.

In the MEDICAL version it is possible to consult through the selection of options offered by the app without having to fill in the profile for each consultation in relation to your patients.

Access to the blog section exclusively for health professionals, with articles prepared for their use.

Payment service:

In the case of payment, professionals will have access, in addition to the free services mentioned above:

Chat consultations with the LactApp team with service priority

Access to the 15% discount for the postgraduate degree of University Expert in Advanced Practice in Breastfeeding co-directed by LactApp at the Blanquerna Faculty of Ramon Llull University.

If you have contracted these services or are interested in them, you must accept these conditions, which detail all legal and economic aspects to be taken into account in the provision of this service. 

1.3. When do you become a client? 

In order to enjoy any service, both free and paid, it will be necessary to download the Application on your mobile device. At first, it will not be necessary to register as a user within the application – although you can do it, of course – but it will be mandatory registration from our first update (we will inform you about it). 

In any case, you will acquire the condition of client when you contract our payment services and, by virtue of it, you accept these conditions of contracting. 

If you register at LactApp, you will have to fill in the data requested for this and, as we have already indicated in the rest of the notices, you will have to accept our privacy policy. 

2. OPERATION OF THE PLATFORM

2.1. Reading and acceptance of the general conditions 

2.1.1. Free services

As indicated in our legal notices and other legal policies, access to information in our free modality requires you to indicate an email so that you can download it.   

2.1.2. Payment Services

Before hiring our payment services, you must detail the data you are asked and validate our conditions of recruitment by clicking or acceptance system that you are shown. Any data collected for this purpose will be treated in accordance with our privacy policy, which must also be read and accepted by you before contracting. 

In this way, just before proceeding with the payment or confirming the contracting, you will be able to read or download the present Contracting Conditions, thus expressing the total acceptance of each and every one of the general conditions shown in our platforms and always before the acquisition of the services, without the novelties that may occur in the clauses of the general conditions carried out or published subsequently being applicable to you.

From the moment of acceptance, you acquire the condition of Client, if you had not been before. However, any service subsequently offered by LactApp, not included in the services initially contracted, must be the object of a new contract on your part, and you must validate and accept the applicable contract conditions for each purchase. 

If you wish to read the general conditions in more detail, we recommend that you print them out on paper or save the document in electronic format.

In addition, we inform you that for legal reasons we file the electronic documents in which the contracting of these services are formalized, that is, the validation by «click» of our Clients, when they contract our services. 

2.2. Requirement for hiring: Age of majority

Any natural person who has reached the age of majority, i.e. you are over 18 years of age, or if you are over 14 years of age but under 18 years of age, your guardian has reviewed this notice and has expressly accepted its contents at the time of installation.

Please note that certain sensitive information may appear in our application or may hurt your sensitivity, so before using it, please make sure you have the capacity to do so. 

In this sense, if the owner of the platform detects that a minor has contracted any of its services, without complying with the provisions of this point, it will automatically proceed to cancel and return the service or price paid, if any. 

If, as a User, you detect that a minor has contracted any of our services or does not meet the requirements established here, please indicate this to us with as many details as possible at [email protected]. 

Keep in mind that in our application may appear certain sensitive information or that may hurt your sensitivity, so before using it, please make sure you have the capacity to do so. 

2.3 Price according to the type of service contracted

The MEDICAL version is contracted on an annual basis and has a total cost of €89.90, which must be paid in full when contracting the services.

Unless a different amount is detailed at the time of contracting, the total price for each of the above service modalities will depend on the VAT applicable to the buyer, understood as the user, who acquires or contracts any of our services through our app. 

In accordance with Law 28/2014, of 27 November, which amends, among others, Law 37/1992, of 28 December, on Value Added Tax, and by virtue of the provisions of the location rules introduced in Directive 2006/112/EC by Directive 2008/8/EC, of 12 February 2008, the domicile or habitual residence of the recipient in the provision of electronic services will be taken into account, and therefore, if you reside in Spain, we will apply 21% to our services, additional to the price established depending on the service and modality of service chosen.

3. FORM OF PAYMENT 

At present, the only form of payment allowed for the contracting of our services is by PayPal or Credit Card. If you have any questions about the price paid and do not receive any receipt or invoice, please contact the store concerned. If, however, you have anything, do not hesitate to contact us. 

4. DURATION OF THE SERVICE

Our App allows the user the possibility of contracting our services on an annual basis. That is, once you acquire our application, you will always be able to use it. 

In the event that we are going to make an update, improve the service, detail more features, we will inform you about it as well as if it means for you the payment of some new amount or some additional amount. 

5. SPECIAL CONDITIONS

In the event that we apply a specific condition to any service, not contemplated in this text, we will send it to you or we will warn you in due time, so that you can read and validate them before accepting the hiring of services. 

6. DELIVERY CONDITIONS

The delivery of the contracted service is made by our team to our customers immediately, by downloading and using the application, at which time as a user you can start using it. 

Consequently, the materialization of the service itself will be executed manually once the payment of the corresponding amount has been confirmed. 

7. RETURNS

7.1. General aspects 

For the type of service offered that implies an automatic execution of services on our part, once contracted, if you have already enjoyed the service, for example, making or accessing any of our payment services, you will not have the right to request refunds nor will you be able to exercise a right of withdrawal under the provisions of point 9 below. 

7.2. Assumptions of return

As a customer, you will only be able to return or request a refund of the amount corresponding to the service if you detect any of the following anomalies or faults:

That our app does not detail the services requested, as contracted in the beginning, by an undue failure in our app or system, unless it is a case of force majeure or fortuitous over which we ourselves had no control. In the latter case, no refund will be made. 

That when visualizing the result of the contracted services, all the information related to the contracted services does not appear either. 

7.3. Procedure for return

To request a refund, the user must follow these instructions:

1. Send an e-mail to [email protected] indicating the reason for the return, your e-mail indicated at the time of registration or your contact details and e-mail address, all accompanied by the file that proves that you are not receiving the desired service. 

2. Once we have received your request, we will analyse it and we will reply to you within a maximum of TEN (10) working days. 

Under no circumstances will we understand that the user has the right to a refund when any of the assumptions detailed in point 9.2 occurs, not proceeding to do so or compensation of any kind. 

If the customer, after some type of failure in our provision of services, would like to request the termination of this contract, please write to the above address ([email protected]) in order to find the best solution for him. 

8. RIGHT OF WITHDRAWAL

8.1. General

As a general rule, due to the type of services we offer, the user does not have the right of withdrawal, since what we offer you is a totally personalized service and, if you have already requested something through the application or consulted, we will understand that you have already begun to enjoy it. 

Now, when you have contracted our services but have not yet made use of any of them, that is, you have not viewed or enjoyed any consultation within the App, you will have CATORCE DAYS (14 calendar days) from the time the service is considered delivered, that is, from the time you accepted the installation and the corresponding payment, to exercise, where appropriate, a right of withdrawal. 

In order to exercise the right of withdrawal you will have to notify your decision to withdraw from the purchase or contract through an unequivocal statement (for example, a letter sent by post or email) to our home or email address. 

In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right on your part is sent to LactApp before the expiry of the corresponding period. Once the period of fourteen calendar days provided for by law has elapsed, no refunds will be accepted for withdrawal.

In order to improve the quality of our services, we suggest you tell us what is the reason for return or exercise of the right of withdrawal. In this way, we can know what worries or interests you and the improvements that we can carry out to obtain a total satisfaction on your part. 

8.2. Consequences of withdrawal:

In the cases of withdrawal of purchase or contracting made within 14 calendar days legally provided for, and in accordance with the details in points 9.1 and 9.2 above, the reimbursement of the amount for the service you contracted, will be made through the means of payment used at the time of contracting, giving rise to a refund equal to the full amount of the contract and excluding the costs of return. All this will be indicated to you before proceeding to the return. 

9. WARRANTIES

9.1. Details in the information 

We guarantee that from the moment you contract our services you will have as much detail as possible on each of the modalities contracted, if any. In this way, we make sure that all the information that appears in our application is as accessible, understandable and detailed as possible, in order to offer you a more personalised service that meets your needs. 

9.2. Security guarantee

This App complies with the highest Internet security standards, including maximum server security, HTTPS security protocols in all recruitment and registration processes.

9.3. Privacy

At LactApp we are especially concerned about ensuring the confidentiality of the data provided by our customers, and therefore we have all the necessary measures to prevent risks of loss of personal data of our users / individuals. For more information, please see our privacy policy.

10. RESPONSIBILITIES OF THE CLIENT OR THE USER

As a customer, you are obliged to make lawful use of our services and products, without contravening current legislation, nor harming the rights and interests of third parties or other users.  

Likewise, you guarantee the veracity and accuracy of the data provided when filling in the contracting or registration forms, where applicable, avoiding the creation of damages to LactApp as a consequence of the incorrectness or lack of veracity of the same.

When hiring our services, you will always be of legal age, which is an indispensable requirement to be able to hire. You will also be responsible for respecting the conditions and form or execution of the service detailed in the particular conditions applicable, if any, as well as in our Community Regulations if applicable. 

Failure to comply with any of these conditions may result in the withdrawal or cancellation of services by LactApp without prior notice and without entitlement to any compensation.

11. DISCLAIMERS OF LIABILITY.

LactApp does not control the actuality, veracity or exactitude of each of the information or data indicated by you although it does check it as far as possible. Although, for this reason, the user is responsible for inaccurate, inaccurate, not current or any other information derived from an error and that could cause any damage or doubt to other users or third parties. 

Thus, LactApp shall not be liable under any circumstances, including but not limited to:

Errors or confusion related to names, data or information derived from errors in the original pages or sources from which they were extracted, also because you have indicated it to us depending on the case or because you have directly provided it to us. 

Misuse or abuse by the user of the information obtained from our services, as well as misinterpretations of it. 

Damages or prejudices that have been produced as a consequence of the use of the information extracted from our services. 

Our services, among others, serve to obtain more details and information on maternity and breastfeeding. However, if you are not used to the interpretation of the results obtained in our application, we recommend contacting an advisor or professional who can advise you on them. If you wish, you can also contact our team. 

In no case, although, LactApp will be responsible for the interpretation that the own user or his advisor can give to the information obtained from our App, as a consequence of the results that appear there and depending on what you have selected, asked or indicated. 

12. INTELLECTUAL AND INDUSTRIAL PROPERTY 

All the rights on the contents published in our App, web and blog, relative to the services that we offer through them, are protected by copyright, intellectual and industrial property. 

In this sense, the articles, contents, images or logos are the property of LactApp or of persons or companies that have expressly authorized us to publish them; or they are subject to licenses that allow us to make adequate use of these materials in this sense.

In general, the reproduction, transformation, distribution, public communication, making available to the public, sale, commercial use and/or any other exploitation of the contents of this App and of our website or blog, without our written consent, is expressly prohibited, except in the case of the mention of our services, blog, website or app, situations which are permitted – as long as this is done respecting our right to honour and image.  

For more information the user can consult our intellectual property policy contained in our legal notice and our community rules. 

13. DISSEMINATION OF SERVICES

We inform the user by means of these contract conditions that we are going to disseminate the different services through social networks but that, in no case, we are going to treat your data in an inappropriate or disproportionate way. 

Nor will we communicate with the user through social networks for issues related to the benefits or services contracted, in a visible way to the rest, taking all appropriate measures to ensure your confidentiality. 

If you are a user of our website, blog or app and / or follower / on social networks, you must respect this policy and always request permission to use our content. 

However, as indicated above, the mention of articles published in our App, web or blog, through «tuit, retuit, share, blogging» and / or similar through the platforms of these networks.

14. APPLICABLE LANGUAGE

In case of disagreement between the text of these conditions and any translation of them, the Spanish version will prevail in any case since the service provider is located in Spain. 

In the event of any discrepancy between the Spanish version of the general terms and conditions and any translations thereof, the Spanish version shall also prevail.

15. JURISDICTION AND APPLICABLE LAW

In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals that will hear the matter, if any, will be those provided by the applicable legal regulations on matters of competent jurisdiction. 

As your situation is as a client and/or consumer, the competent courts will be those relating to your domicile. 

16.- MODIFICATIONS TO THESE CONDITIONS

LactApp may make changes and/or modifications to these conditions, when it deems it appropriate and/or necessary to do so due to market conditions or legal requirements, depending on the regulatory changes to be applied. 

The update and/or modification, although, will be duly informed, communicated and notified to our users, always guaranteeing publicity and transparency, as well as respecting the rights of customers, consumers and/or users of our services. Consequently, the customer will be applied the conditions that were published and which had been informed at the time of contracting, not rules published later. 

17.- SUBJECT TO THE REST OF LEGAL POLICIES 

The present conditions are complemented with the rest of the legal policies established in our web page, App and blog, such as our legal notice, our privacy and cookies policy and our community rules, as well as any other that may be necessary to add or complement, following the provisions of the legislation in force at any given time.