Terms of Service

Valid from: 01/01/2024 (the “Effective Date”)

Please note that at the end of the HAPIKLAN membership period (as defined below in section 7.1.2.2), your HAPIKLAN membership will be automatically renewed under the same conditions and for the same duration, unless you do not cancel your HAPIKLAN membership before its expiry day. All information relating to your HAPIKLAN membership is available in the “My Membership” section of your profile. You may cancel your HAPIKLAN renewal (as defined below in section 6.5.2) in advance at any time, free of charge and without having to take into account any notice period.

These terms and conditions (“Terms”) govern your use of the HAPIKLAN website and services (“Services”) provided by HAPIKLAN Technologies Public Limited Company (“HAPIKLAN”, “we” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.

1. Introduction

These general conditions (the "GTC") apply to all services offered through the HAPIKLAN website (the "Website") and in particular to the operation of an online platform which allows parents registered persons (the “Parents”) looking for someone to care for their children to get in touch with registered perinatal and parenting professionals who are willing to care for them (the “Parents”) Perinatal and parenthood professional") (the "Service"). A parent or a perinatal and parenting professional is hereinafter referred to as "User", "you", "your". These T&Cs apply to the exclusion of any other conditions (unless explicitly agreed otherwise and approved in writing by HAPIKLAN). The Website is owned and operated by HAPIKLAN, (“HAPIKLAN”, “we”, “us” or “our”). Please read these T&Cs carefully. By creating a user account or using the services offered by HAPIKLAN, you are deemed to have understood and accepted these T&Cs. If you do not agree with these Terms or our Privacy Policy, you should not use the services we offer.

2. Modification of the T&Cs

HAPIKLAN reserves the right to modify these general conditions at any time. In the event of modification of these T&Cs, the modified T&Cs will be published on the HAPIKLAN website. HAPIKLAN will inform its users in good time of any modification of these T&Cs by e-mail or on the website before their effective date. By continuing to use the Service after the effective date of the modified T&Cs, you agree to be bound by the modified T&Cs. If you do not agree with the modified T&Cs, you may terminate your HAPIKLAN subscription (as defined below in Article 7) in accordance with Article 7 before the effective date of the modified T&Cs. , without costs or damages.

3. Nature of service

The Service offered by HAPIKLAN consists solely of the operation of an online platform which allows registered Parents to search for a trusted person to consult in all related professions in the perinatal sectors. Through the Website, Parents can connect with registered perinatal and parenting professionals who are willing to consult with them (a “Consultation”). HAPIKLAN cannot be considered an employer, a principal or any other party responsible for the services offered directly by perinatal and parenthood professionals to Parents. You expressly agree that HAPIKLAN's activities do not consist of perinatal, parental and related services.

As operator of the online platform, HAPIKLAN only acts as an intermediary and, therefore, we cannot intervene in any way in the relationship that develops between a Parent and a perinatal professional or of parenthood. Each perinatal and parenting professional is free to decide whether they wish to respond positively to a Parent's offer of connection, and each Parent is solely responsible for the perinatal and parenting professional they chooses. We will in no way be responsible for the behavior of Parents or perinatal and parenting professionals and for any damage they may cause to each other in the context of childcare. Users must resolve these problems between themselves.

In order to facilitate relations between Parents and perinatal and parenting professionals, HAPIKLAN has developed a specific Charter. By using the Service, you agree to respect the Charter.

4. Account registration and user identification

4.1 Eligibility To use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By accessing or using our Services, you represent and warrant that you meet these eligibility requirements.

4.2 Creating an account

You may be required to create an account to access certain features or services provided by HAPIKLAN. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3. Validity of the information provided

You agree to provide only accurate and truthful information about your identity (e.g., age, gender, location, description), your skills (e.g., degrees, experience), your certification if you are a perinatal professional and of parenthood.

Only perinatal and parenting professionals with valid certification can create an account. The HAPIKLAN team may ask you to provide supporting documents regarding your certifications. It is prohibited to use an alias or identity of another person to create multiple profiles or use the profile of another User. We reserve the right to remove or deny, temporarily or permanently, the User's access to the website if the profile contains inaccurate or false information, or if we can reasonably suspect that it contains inaccurate or false information. , without any warning or right to compensation.

In case of doubt, we may also ask you to prove your identity by means of written proof, and we may also carry out any useful verification in this context. If you do not respond to such a request, we reserve the right to delete your profile or deny you access to the website or the Service without warning and without right to compensation.

4.4 Editing the account profile

The user can modify his profile ("My profile") at any time. The User must keep his profile up to date. Perinatal and parenthood Professionals can also define their status, temporarily or permanently, as being “hidden from the Platform”. In this case, he will not be visible on the platform and will not receive invitations.

A perinatal and/or parenting Professional must be at least 18 years old to use the Service.

5. User Obligations

5.1 Obligations and responsibilities of parents

Parents who use the HAPIKLAN website and Service have the following obligations and responsibilities:

5.1.1 Providing accurate information Parents must provide accurate and up-to-date information when creating their profile and submitting Consultation requests. This includes information about their children, their specific needs and any other relevant details.

5.1.2 Selection and verification Parents are solely responsible for selecting and verifying the suitability of the perinatal and parenting professionals they engage for a Consultation. HAPIKLAN provides information and profiles of perinatal and parenting professionals for reference purposes only, and it is the Parents' responsibility to conduct interviews, request references, and make any other necessary checks to ensure suitability and the reliability of perinatal and parental professionals.

5.1.3 Communication et accord It is the responsibility of parents to communicate their expectations, requirements and any special instructions to the perinatal and parenting professionals they hire. It is the parents' responsibility to reach agreement on the terms of the consultation, including the scope of services, timing, remuneration and any other relevant details. HAPIKLAN is not involved in the negotiation or agreement between Parents and perinatal and parental professionals.

5.1.4 Child safety and well-being Parents are responsible for the safety, well-being and behavior of their children during the Consultation. It is the responsibility of parents to provide necessary information, such as allergies, medical conditions, emergency contacts and any other relevant details, to perinatal and parenting professionals to ensure proper care. care of their children.

5.1.5 Obligation for the parent to pay the perinatal and/or parental professional As a Parent, you undertake to pay, at the latest at the end of the consultation, the amounts due to the Perinatal and/or Parenthood Professional, in accordance with the arrangements you have made in advance. See below for more information on payment arrangements.

5.2 Obligations and responsibilities of perinatal and parenthood professionals

Perinatal and parenthood professionals who use the HAPIKLAN website and Service have the following obligations and responsibilities:

5.2.1 Providing accurate information Perinatal and parenting professionals must provide accurate and up-to-date information when creating their profile, including their qualifications, certifications, experiences and any other relevant details.

5.2.2 Ability and availability Perinatal and parenting professionals should assess their own ability and availability to provide seated care services. They should only accept requests for placement if they are confident of their ability to provide the necessary care and meet the specific needs of the children concerned.

5.2.3 Communication and agreement Perinatal and parenting professionals are responsible for communicating to parents their availability, skills and any other relevant information. It is their responsibility to reach agreement on the terms of the contract, including the scope of services, schedule, remuneration and any other relevant details. HAPIKLAN is not involved in the negotiation or agreement between perinatal and parenthood professionals and parents.

5.2.4 Child safety and well-being Perinatal and parenting professionals are responsible for the safety, well-being and behavior of the children in their care during the consultation. They must comply with all instructions or guidelines provided by parents and ensure that children develop in a safe and stimulating environment.

5.2.5 Professionalism and ethics Perinatal and parenting professionals must behave professionally and ethically at all times. They must respect the privacy, confidentiality and rights of children and their families.

5.3 Prohibition of using data for purposes other than personal

The website or service may only be used for personal purposes as a parent or perinatal and parenting professional. You may not transmit information obtained through the Site or the Service to third parties for commercial purposes or other purposes that are not considered normal use of the Site.

5.3.1 Respect for other users of the HAPIKLAN community Trust is an essential condition when someone consults you and/or your child. Each User undertakes to behave appropriately and respectfully towards other Users; particularly taking into account the fact that the Parents are in a fragile transition phase of their lives and that the children are very young. Users are strictly prohibited from adopting inappropriate, racist, discriminatory or immoral behavior or from using a profile photo that contravenes any of the preceding provisions. A user may not post inappropriate, racist, discriminatory, offensive or immoral comments in their profile description or in the chat or rating function offered by the website.

In addition, Users are strictly prohibited from engaging in behavior contrary to the Charter.

The Parent undertakes to respect all laws applicable to the use of video surveillance cameras. This means, among other things, that if a perinatal and/or parenting Professional goes to a Parent's home, the latter will at least inform the perinatal and/or parenting Professional in advance (e.g. example, in the description of the Consultation or in the chat) of the installation of possible video surveillance cameras and their purpose. The Parent understands that the use of hidden video surveillance cameras is prohibited. HAPIKLAN cannot under any circumstances be held responsible for the use of video surveillance cameras by a Parent.

The use of the Service and/or the site open to a large community requires the contribution of everyone, which is why HAPIKLAN may, in the event of serious suspicion or warning from a User, delete the contentious content or deactivate and/or or terminate the account under the conditions provided for in article 5.3.3.

Generally speaking, in the event of concern or dissatisfaction, you agree to contact the HAPIKLAN teams via hello@hapiklan.com before expressing your dissatisfaction on social networks.

5.3.2 Prohibited use of the Site and the Service The Website or the Service may not be used for fraudulent purposes, to commit illicit acts or to exchange illegal material or content and in general, it is prohibited to use the Website in a manner that does not would not be related to the Service offered to you or contrary to the Charter applicable to you.

When using the Website or the Service, you will refrain and avoid encouraging others to (i) request, accept or complete Consultations found through HAPIKLAN outside of the Website; (ii) dilute, tarnish or harm the HAPIKLAN brand in any way, including any defamation on social media; (iii) use the Site or the Services for fraudulent purposes by committing illegal actions to exchange illegal materials or content, and in general, use the Site for purposes other than the use of the Service that is offered, or in violation of the Charter.

5.3.3 Removal of content and deactivation or termination of your account HAPIKLAN reserves the right to remove any content or conduct you share on the Service or Website if we have reason to believe that you are in violation of these Terms, or if required by law. We may immediately refuse to provide you or cease providing you, temporarily or permanently, with access to all or part of the Website or the Service (including terminating or deactivating your account) or remove any statement or profile picture contrary to this article, without any warning or right to compensation:

manifestly, seriously or repeatedly violate these General Conditions or our Policies (including our Charters);

violate the trust of our community;
or, if the law requires us to do so.

If you believe your account was terminated in error or would like to deactivate or permanently delete your account, please contact our Support Department at the following email address: hello@hapiklan.com.

5.4 Compliance with legal obligations

It is the sole responsibility of each User to comply with all laws, rules, regulations and obligations applicable to the use of the Website or the Service.

HAPIKLAN draws the attention of its Users to the fact that use of the Service may result in legal obligations for the User, for example in the areas of social security, taxation or insurance. Every parent and perinatal and parenting professional is required to seek the necessary advice. Where applicable, each Parent or Perinatal and Parenting Professional must take the necessary steps to ensure that he/she is fully compliant with all applicable legal requirements. HAPIKLAN cannot under any circumstances be held responsible for damages, fines or penalties resulting from non-compliance with these obligations by the User.

6. Rates and payments

Perinatal and Parenthood Professionals are paid directly by the Parents for their Consultations according to the terms agreed between the parties. These payments can be made using the payment service integrated into the site, i.e. using Stripe, as indicated below (this is only possible if Users have provided a bank account number), using a gift card, or cash.

We remind you that HAPIKLAN is not party to the agreement between parents and perinatal and parenting professionals. Therefore, we do not directly intervene in payments between these parties, and we cannot be held responsible in any way if a Parent fails to execute or only partially executes the payment.

6.1 Service Fees

HAPIKLAN may charge service fees for the use of its website and Service. Applicable fees and payment terms will be clearly communicated to Users on the Website or by other means. Users are responsible for reviewing and understanding the fees associated with the Service.

6.2 Payment processing

Payment processing for the Service may be provided by third-party payment service providers. Users may be required to provide payment information, such as credit card details, to facilitate the payment process. HAPIKLAN takes reasonable measures to ensure the security and confidentiality of payment information; however, it is important to note that payment processing is subject to the T&Cs of the respective payment service providers.

To execute online payments, HAPIKLAN uses the payment services of Stripe Payments Europe. By using the Stripe payment service and service, you agree, as a user, that the Stripe T&Cs apply between you and Stripe Payments Europe. The Stripe payment system does not allow you to make payments below 1 EUR.

6.3 Disputes and refunds

Any dispute regarding fees or payments must be resolved directly between the affected users. HAPIKLAN is not responsible for mediating or resolving payment disputes. In case of technical errors or other issues related to payments, users should contact HAPIKLAN customer service for assistance.

6.4 Benefits and promotional codes

In certain cases, HAPIKLAN may offer benefits which may be presented in the form of a code to be entered before payment on the website (the “Promotional Code”). This Promotional Code may give access to the website without any membership to HAPIKLAN or may give entitlement to one or more free Consultation hours or even offer totally or partially the first membership to HAPIKLAN to a User. In this case, the Promotional Code will be exclusively valid for the first Consultation paid by the User via the website, unless otherwise stipulated.

6.5 Subscriptions and cancellation policy

HAPIKLAN offers different membership packages adapted to the needs of perinatal and parenting professionals. These membership options are detailed on the HAPIKLAN website (see “Memberships”).

6.5.1 Removal of content and deactivation or termination of your account

HAPIKLAN reserves the right to remove any content or conduct you share on the Service or Website if we have reason to believe that you are in violation of these Terms, or if required by law. We may immediately refuse to provide you or cease providing you, temporarily or permanently, with access to all or part of the Website or the Service (including terminating or deactivating your account) or remove any statement or profile picture contrary to this article, without any warning or right to compensation:

manifestly, seriously or repeatedly violate these General Conditions or our Policies (including our Charters);

violate the trust of our community;
or, if the law requires us to do so.

5.4 Compliance with legal obligations

It is the sole responsibility of each User to comply with all laws, rules, regulations and obligations applicable to the use of the Website or the Service.

7. Rates and payments

7.1 Service Fees

7.2 Payment processing

7.3 Disputes and refunds

7.4 Benefits and promotional codes

7.5 Subscriptions and cancellation policy

HAPIKLAN offers different membership packages adapted to the needs of perinatal and parenting professionals. These membership options are detailed on the HAPIKLAN website (see “Memberships”).

7.5.1 Membership in HAPIKLAN In order to be listed among our Perinatal and Parenting Professionals on the Website, Perinatal and Parenting Professionals may purchase a HAPIKLAN membership (the “HAPIKLAN Membership”). Perinatal and Parenting Professionals can choose one of the different HAPIKLAN membership options as specified on the website.

The different prices available are indicated on the website during registration. The prices indicated on the website are invoiced in euros and all taxes included. To make this payment, HAPIKLAN uses the payment services of Stripe Payments Europe.

By using the Service and the Stripe payment service, you accept, in your capacity as a Perinatal and Parenthood Professional, that the Stripe T&Cs are applicable between you and Stripe Payments Europe. The Stripe payment system does not allow you to make payments below 1 EUR.

There may be slight national or regional disparities in price and service.

HAPIKLAN reserves the right to change its pricing model and adapt or offer new membership options in the future. Any such changes will be communicated to Users in a timely manner prior to such new pricing model taking effect, and your continued use of the Service will constitute your acceptance of such new pricing model.

7.5.2 Cancellation of HAPIKLAN membership 7.5.2.1 Termination by Users Users have the right to terminate their use of the HAPIKLAN website and service at any time by closing their account or ceasing use of the service. Termination does not relieve User of any outstanding obligations or liabilities incurred prior to termination.

At the end of each membership period, HAPIKLAN memberships will be automatically renewed for the same duration and on the same terms, unless you cancel your HAPIKLAN membership before the expiration day of the current HAPIKLAN membership. All information relating to your HAPIKLAN membership is available on the website (profile section) or on the HAPIKLAN website.

During the HAPIKLAN membership period, you may terminate your HAPIKLAN membership at any time without charge. In the event of early termination, your HAPIKLAN membership will terminate upon expiration of the current HAPIKLAN membership period and will not be renewed. This termination does not imply reimbursement of the period remaining between the termination date and the initial end date of the chosen HAPIKLAN membership.

You can simply cancel your HAPIKLAN Membership by sending an email to hello@hapiklan.com with the words “Membership Cancellation” in the subject line of your email.

7.5.2.2 Termination by HAPIKLAN HAPIKLAN reserves the right to terminate or suspend a User's access to the website and the Service in the event of violation of these T&Cs, fraudulent activities, abusive use of the Service, in the event of incidents related to the payment of Membership, or any other violation of applicable laws or regulations. HAPIKLAN will use reasonable efforts to notify User prior to such termination or suspension, unless immediate termination is necessary to protect the safety or well-being of Users or to comply with legal obligations.

8. Right of withdrawal

If you wish to cancel the purchase of (i) a HAPIKLAN Membership or (ii) a gift card, you may exercise your right of withdrawal within fourteen (14) days without giving any reason, provided that (i) you have not yet contacted and/or accepted Consultations by responding to a Parent before this date as part of your HAPIKLAN Membership or (ii) the gift card has not yet been used during this period. In these cases, the withdrawal period expires:

-after fourteen (14) days from the day you purchased a HAPIKLAN membership; -after fourteen (14) days from the day you purchased the gift card.

You can exercise your right of withdrawal by sending an e-mail to hello@hapiklan.com with the mention "Right of withdrawal - First and last name of the customer" in the subject of your e-mail.

You can no longer exercise your right of withdrawal once (i) you have responded to an invitation from a Parent (ii) a Consultation has been carried out as part of your Membership in HAPIKLAN or (iii) the gift card has been used to use the Service in accordance with these T&Cs. To avoid any ambiguity, it is specified that only the User who purchased the gift card has the right to withdraw their purchase from this gift card.

If you withdraw your order, HAPIKLAN will reimburse the User who purchased (i) the HAPIKLAN membership or (ii) the gift card all payments received from that User, without undue delay and, in any event, at later fourteen (14) days from the day we are informed of your decision to withdraw the order.

HAPIKLAN will make this reimbursement using the same payment method that you used for the initial transaction, unless you expressly agree. In any case, you will not be charged any fees for this reimbursement.

Please note that the right of withdrawal does not apply to HAPIKLAN renewals. However, as explained above, you can cancel a HAPIKLAN Renewal at any time.