Terms of Service
1. TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use govern the rules applicable to the use of KAYZEN (hereinafter also the website/app), which may be accessed through the website https://www.kayzen.es. The website/app is owned by KAYZEN MENTAL HEALTH, S.L., with CIF B19417823, and address at Pg. de la Bonanova, 97 B, Local Sótano B, 08017, Barcelona.
Use of the website/app confers Registered User status on users and psychologists and implies acceptance of all conditions included in this document and in the Privacy Policy and these Terms and Conditions of Use of said website/app. The Registered User should read these conditions each time they use it, as they may be modified thereafter.
KAYZEN is a platform that facilitates contact between users and psychologists and the management of appointments.
2. AUTHORISED REGISTERED USERS
The application has two different types of registration:
User: all those who register to schedule an appointment with the psychologist of their free choice.
Psychologist: all professionals who register and advertise their services and availability on the platform.
To be part of KAYZEN, certifications will be requested from and reviewed for Psychologists, and contact will be maintained with them in order to guarantee quality care for Users.
When the User has requested an appointment (the Psychologist's availability will be displayed) and the Psychologist has accepted it, payment shall be made as agreed between User and Psychologist. Payment is not processed through KAYZEN; each Psychologist has their own privacy policy and payment conditions, as well as cancellation or rescheduling policy. KAYZEN is not responsible for payment methods or amounts payable as agreed between User and Psychologist.
3. CHARGES
You are responsible for payment of all costs or expenses you incur as a result of downloading and using the KAYZEN website/app, including any operator network or roaming charges. Consult your service provider for details.
4. ANONYMOUS STATISTICS
KAYZEN reserves the right to track your activity on the website/app and to report it to our third-party statistical service providers. All of this anonymously.
5. PROTECTION OF YOUR PERSONAL INFORMATION
We want to help you take all necessary steps to protect your privacy and information. Consult the KAYZEN Privacy Policy on the website to learn what type of information we collect and the measures we take to protect your personal information.
To access the services, you must register on the website/app through a data collection form in which you provide the information necessary for its use, which in any case must be truthful, accurate and complete regarding your identity and which must be expressly consented to by accepting the privacy policy.
KAYZEN shall be the Controller of processing in relation to data provided by the Registered User when completing the contact form and data provided for registration on the website/app. KAYZEN shall be the Processor in relation to data provided by Registered Users when completing the appointment booking form with the psychologist.
Relationship regulated in accordance with the provisions of current Personal Data Protection regulations, the Psychologist or "Data Controller" informs KAYZEN, which is enabled as "Data Processor", to process User personal data (identifying data: name, surname, email address, telephone number and image (optional)) which are necessary for the proper development of the object described in the terms and conditions. This processing may consist, among others, in collecting, retaining, analysing, storing, communicating and, where necessary, deleting, cancelling, rectifying, porting the data collected, as well as restricting the processing carried out on behalf of the Data Controller.
The Data Controller and the Data Processor mutually undertake to keep available to each other and to the data subject all information and documentation necessary regarding data processing and compliance with their obligations established by the GDPR.
Furthermore, the Data Controller undertakes to (i) communicate to the Data Processor the requirements of European Data Protection regulations, where the latter is unaware of them, by being established in a third country outside the European Union, (ii) ensure throughout the processing compliance with the regulations, (iii) carry out a data protection impact assessment or prior consultations where applicable.
The duty to inform regarding the processing of data provided by Users in the consultation booking form rests with the Data Controller.
The Data Processor undertakes to (i) use personal data only for the purpose of this engagement (ii) process them in accordance with the Controller's instructions, with due diligence, guaranteeing both the adoption of internal security measures and an adequate level of protection for such data (iii) inform the Controller of any breach or violation of data security, (iv) maintain in writing a Record of Processing Activities including a description of the processing carried out on the data, (v) not communicate such data to third parties, except with the express authorisation of the Data Controller, and in cases provided for by law, (vi) communicate to the Data Controller, via the usual contact email, within the established timeframes, requests for the exercise of rights (namely, access, rectification, erasure, objection, restriction of processing, data portability, and not being subject to automated individual decision-making) in relation to data subject to the engagement, (vii) not subcontract any of the services forming part of the object of this contract that involves the processing of personal data, except auxiliary services necessary for the normal functioning of the processor's services. If it is necessary to subcontract any processing, this must be communicated in advance and in writing to the controller, with one month's notice, indicating the processing to be subcontracted and clearly and unambiguously identifying the subcontractor and its contact details. Subcontracting may be carried out if the controller does not object within the established period, (viii) maintain the duty of confidentiality regarding personal data to which access has been had by virtue of this engagement, even after its object has ended, (ix) implement the necessary technical and organisational security measures to guarantee the security of processed data (Art. 32 GDPR).
If the Data Processor or any of its subcontractors (if any) breaches the provisions of this clause or the regulations, they shall be considered Data Controller and shall assume the direct and indirect liabilities that may arise for the Controller due to non-compliance by the Processor.
Once the relationship has ended, the Data Processor must delete from its storage system and database all personal data that may have been obtained in the context of providing its services, except where legal requirement or period contrary to such deletion applies.
6. REGISTRATION
To access the features of the website/app, user registration via email and password will be required, which will identify and personally enable access to the website/app. Passwords are personal and non-transferable.
Registered Users are fully responsible for treating their passwords confidentially and safeguarding them appropriately, preventing third parties from accessing them. The Registered User accepts full responsibility for the economic and any other consequences arising from any irresponsible use of passwords on the website and/or their use by unauthorised third parties.
7. CANCELLATION
The Registered User may cancel their account at any time. Cancellation entails deletion of the profile and inability to access the website/app. Services previously provided are not affected.
8. ALTERATION OF CONTENT
It is prohibited to alter or modify any part of the website/app or its contents, to circumvent, disable or manipulate in any other way (or attempt to circumvent, disable or manipulate) security functions or other programme functions and to use the website/app or its contents for commercial or advertising purposes.
Use of the website/app for the purpose of harming the property, rights or interests of KAYZEN or third parties is prohibited. Likewise, any other use that alters, damages or disables the networks, servers, equipment, products and computer programmes of KAYZEN or third parties is prohibited.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
The website/app and its contents (texts, photographs, graphics, images, technology, software, links, content, graphic design, source code, etc.), as well as trademarks and other distinctive signs are property of KAYZEN, with the Registered User acquiring no rights over them by mere use of the website/app.
The Registered User must refrain from:
Reproducing, copying, distributing, making available to third parties, publicly communicating, transforming or modifying the website/app or its contents, except in cases contemplated by law or expressly authorised by KAYZEN or the owner of such rights.
Reproducing or copying the website/app or its contents for private use, as well as publicly communicating them or making them available to third parties when this entails their reproduction.
Extracting or reusing all or a substantial part of the contents comprising the website/app.
10. LICENCE OF USE
The provider is the sole owner of the website/app. This licence is only a non-exclusive grant of use, which enables use of the website/app without any territorial limitation, which has an indefinite duration, for as long as neither party decides to revoke the rights and which only permits use and execution of the website/app online and exclusively through the website (these conditions may vary depending on the specific features of the online application).
At no time does the provider grant ownership rights over the platform, but rather grants the right of use under the conditions described in this licence, in no case being understood as enabling its reproduction and public dissemination, assignment, sale, rental or loan, undertaking not to assign its use in part or in whole in any way, nor to disclose, publish, or make available in any other way to other parties.
By way of example, but not limitation, all logos, trade names, sound content, audiovisual content, signs and symbols included in the website/app are protected by the intellectual and industrial property rights of their respective owners, therefore it is strictly prohibited for the software user to decompile, reproduce, copy, modify or otherwise manipulate any of the contents of the website/app, in whole or in part, as well as to modify it, whether in its external appearance or its operational functioning.".
11. VIRUSES AND MALWARE
It is the responsibility of the Registered User, in all cases, to have appropriate tools for the detection and disinfection of malicious programmes or any other harmful computer element. KAYZEN is not responsible for damage caused to computer equipment during use of the website/app.
Likewise, KAYZEN shall not be responsible for damage caused to Registered Users when such damage originates from failures or disconnections in telecommunications networks that interrupt the service.
12. MODIFICATION OF CONDITIONS OF USE
IMPORTANT: We may, without this entailing any obligation to you, modify these Conditions of Use, without notice, at any time. If you continue to use the website/app once any modification to these Conditions of Use has been made, such continued use shall constitute your acceptance of such modifications. If you do not accept these Conditions of Use or agree to be bound by them, you must not use the website/app or download or use any related software.
Your use of the website/app is at your sole responsibility. We have no liability for the deletion or inability to store or transmit any content or other information maintained or transmitted by the website/app. We are not responsible for the accuracy or reliability of any information or advice transmitted through the website/app. We may, at any time, limit or interrupt your use at our sole discretion. To the maximum extent permitted by law, in no case shall we be liable for any related loss or damage.
13. COMMITMENT
Registered Users undertake to make proper use of the website/app, in accordance with the Law, these Terms and Conditions of Use and other regulations and instructions that may apply. Registered Users shall be liable to KAYZEN and to third parties for any damage that may be caused by breach of these obligations.
Registered Users are fully responsible for the truthfulness, lawfulness and accuracy of personal data provided and undertake to inform of any change regarding the information supplied, so that KAYZEN has permanently up-to-date information at all times.
Registered Users shall be solely responsible for any direct or indirect damage that may be caused to KAYZEN or any third party due to the provision of false, inaccurate, incomplete or outdated data. In any case, KAYZEN reserves the right to exclude from registered services any Registered User suspected of having provided false or deliberately incorrect data.
14. ONLINE DISPUTE RESOLUTION (ONLINE DISPUTE RESOLUTION):
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the REGISTERED USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called a Dispute Resolution Body, which acts as intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/.
15. JURISDICTION
These Terms and Conditions of Use are governed entirely by Spanish law. For the resolution of any conflict relating to their interpretation or application, the Registered User expressly submits to the jurisdiction of the courts of Barcelona (Spain).