KAVAN HEALTH, S.L. (hereinafter, “Kavan”), makes available to Users the mobile technological application KAVAN or the [kavanhealth.com] website these general terms and conditions, with which it seeks to comply with the relevant legal obligations and, in particular, Law 7/1998, of April 13, on General Contract Conditions, Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the mobile technology application KAVAN or the [kavanhealth.com] website for which are the terms of use of the Service. Kavan reserves the right to modify any type of information that may appear in the mobile technological application KAVAN or on the [kavanhealth.com] website, without there being an obligation to give prior notice or inform Users of these obligations, being understood as sufficient with their publication in the mobile technological application KAVAN and on the [kavanhealth.com] website.
1. Professional Registration
Kavan requires each Professional to provide personal information and professional data to prove their identity and credentials before publishing them as a registered Professional on the Platform. Each Professional must be registered with the corresponding official college and have in force the legal qualifications required to carry out their activity, as well as a civil liability policy. In this regard, the Professional expressly authorizes Kavan to verify your data with the corresponding Official College of Psychologists. Once the registration process is complete, the Professional will receive an email stating that the registration request has been successfully received and that they must confirm the email. It is essential that during the registration process the Professional indicates a valid email address. If you do not receive confirmation within 72 hours of completing the registration process, please contact Kavan via email [admin@kavanhealth.com]. Kavan reserves the right to admit the Professional and to remain a registered User on the Platform.
2. Services
2.1 Request and Offer
2.1.1 Patients
The Patient, as long as they meet the conditions established in these CGU, may request a Service through the Platform, generating a Request with the information related to the Service you require (date, therapy, session, etc.) in the profile of the selected Professional.
2.1.2 Professionals
The Professional, as long as he complies with the conditions established in these CGU, may offer his services to Patients who register a Request for some of the services in your Offer. The professional acknowledges that he is solely responsible for the content of the Offer that he sends through the Platform. Therefore, it recognizes and guarantees the veracity and accuracy of all the information included in the Offer, and undertakes to perform the Service under the conditions described therein. Kavan reserves the right, at its sole discretion and without the need for prior notice, not to send or delete, at any time, any element of the Offer that does not comply with these Terms of Use or that it believes may damage your image or the image of the Platform.
2.1.2.1 Independence of Professionals
The Professionals who use or appear on the Platform are not employed or have any type of contractual relationship as service providers with Kavan. Kavan does not provide opinions or medical advice or medical care and disclaims any responsibility for Offers, opinions, advice and medical information provided by Professionals through the Platform. Kavan does not recommend or approve any tests, doctors, products, procedures, opinions or other information that may be mentioned on the Platform or by a registered Professional with Kavan. By accepting these T&Cs, you expressly release and release Kavan from any liability associated with inquiries, advice, recommendations or other information provided by the Professional to the Patient. THE SERVICE WILL BE UNDERSTOOD TO BE PROVIDED BY THE PROFESSIONAL AS IF IT WERE CARRIED OUT IN THE PROFESSIONAL'S COUNTRY OF RESIDENCE, THE PATIENT EXPRESSLY ACCEPTING THIS CIRCUMSTANCE AND REGARDLESS OF THE NATIONALITY OF THE PATIENT AND/OR PROFESSIONAL.
2.2 Book a Service
Kavan has established a system for the reservation of Online Services for Professionals (“Reservation”) through the Platform. In order to book a Service through Kavan, it is necessary that (i) the Patient register a Request on the Platform, which will be automatically referred to the corresponding Professional, (ii) that the Professional accepts the Request; and (iii) that the Patient pays through the Platform the Price set by the Professional in accordance with the Offer, generating the Service Reservation. The Service Reservation will be generated once the previous three steps have been completed. Kavan does not intervene in any phase of the Reservation process, leaving the parties free to fix each and every one of the elements of the Service. From the registration of the Request to the confirmation of the Reservation, each and every phase of this Reservation process is determined by the parties regarding the Price and conditions of the Service. Once the Reservation has been made, and automatically, both users (Patient and Professional) will receive an email notification confirming the Reservation and detailing the characteristics of the contracted Service.
3. Exclusion of guarantees and liability
Kavan is a platform that acts as an intermediary for the management of face-to-face or online psychological therapy. The Professionals who use or appear on the Platform are not employed or have any type of contractual relationship as service providers with Kavan, and Kavan does not provide opinions, advice or psychological care and disclaims any responsibility for the opinions, advice and information provided by Professionals through the Platform. The inclusion of Professionals on our platform does not imply any recommendation or approval of such Professionals. The use of the Platform by any entity or individual to verify the credentials of Professionals is prohibited. All opinions and statements expressed by Professionals through our platform and during any session provided through it are exclusively the opinions and statements of the Professional, individual and independent, and do not reflect the opinions of Kavan. In addition, Kavan is not qualified to evaluate the quality or validity of any type of psychological counseling. By accepting these CGU, the Patient expressly releases and releases Kavan from any responsibility associated with the advice, recommendations or other information provided to him by the Professionals, as well as for the use of his data that the Professional may make. Therefore, in any case and regardless of the channel through which the Patient accesses the Professional's services, the Professional will keep Kavan harmless and free from any liability or claim of the Users related to the provision of the Clinical Services, and the Professional being responsible for any compensation that derives from them. The professional expressly declares that he has all the legal, fiscal and administrative qualifications, as well as the corresponding insurance and permits required, where appropriate, for the exercise of his activity in the private sector. At any time, Kavan may require you to provide documentary proof of compliance with the above-mentioned obligations. Kavan is not responsible for damages resulting from the User's misuse of the Platform. In turn, given its nature as a connecting platform between Professionals and Patients, it exempts itself from any responsibility associated with inquiries, recommendations or any activity that links both parties, including the use of data that either party may make of them.
4. Economic conditions
Access and registration on the Platform, as well as the submission of Requests, do not involve any cost. However, the Reservation will be confirmed after the corresponding payment of a Price, under the conditions described below.
4.1 Price
4.1.1 Specific Conditions for the Professional
Kavan will charge the Professional Management Fees calculated as a percentage of the Price set by the Professional for the Service, as stated in the Reservation. With regard to making Reservations and, where appropriate, carrying out the Service through the Platform, they will be charged and invoiced by the Professionals who provide their services using the Platform at the prices freely established by the Professionals and known to the Patient at the time of their Request. The provision of the Contact Interview will be free of charge for the Patient, the Professional assuming the costs of their time in relation to it.
4.1.2 Patient-Specific Conditions
Access to the Platform is free of charge. The Patient can book a Service through the Platform by following the corresponding reservation process. Upon receipt of a Booking confirmation by email from Kavan, a legally binding contract is formed between Professional and Patient, subject to any terms and conditions agreed upon between the parties, exempting Kavan from any liability as indicated in these CGU. The relationship between the patient and the professional is formalized, subject to all legal and professional requirements applicable in each case.
4.2 Payment method
The payment of the amount for the service provided will be made by debit/credit card through the payment gateway enabled on the Platform at the time of making the Reservation. In the case of sessions where non-European cards are used, the corresponding additional charge for bank fees will be processed. The Patient will pay 100% of the Price of the Service at the time of making the Reservation, which will be withheld until the completion of the Service, being effectively charged after the end of the Service.
4.3 Cancellation
The Patient may cancel their Reservation free of charge, at any time, at least 1 hour in advance of the scheduled appointment time. Otherwise, the Patient will be penalized with 50% of the Service Price.
5. Personal data
In the context of your use of the Platform, Kavan will collect and process your personal information. By using the Platform and registering as a User, you acknowledge and accept the processing of your personal data by Kavan in accordance with applicable legislation and as established in the Privacy Policy. Kavan informs you of the possibility of exercising your rights of access, rectification, cancellation and opposition by email [rgpd@kavanhealth.com]. The data and information of Kavan Users are private. The registered data must be authentic, that is, real in order to be able to provide a correct service. In case of falsehood of such information, Kavan is exempt from any damage or liability that may result from it.
5.1 Patients
Once registered on the Platform, the Patient will be considered a User, and such data are only accessible to Kavan, as well as to the Professionals with whom the Patient requests an appointment in any of their modalities. The information shared by the Patient will be accessible by the Professionals and, where appropriate, the center to which they belong, in order to guarantee proper care and ensure quality in the provision of services, and in no case will it be provided to third parties outside the provision of the service requested by the user. At any time you can revoke this authorization directly and automatically. Kavan is not responsible for the use that the Professional may make of the data shared by the Patient directly with the Professional.
5.2 Professionals
Once registered on the Platform, the Professional is considered a professional user and the data you include in your profile (excluding those of a personal nature such as your mobile phone or email) will be available to Patients for the purpose of being able to arrange the Services offered by the Professional. With the acceptance of these conditions, the Professional accepts the dual relationship of processor to be carried out, in such a way that:
1. In accordance with data protection regulations, you expressly declare that you are aware of the obligations to register files, security documents and other obligations determined, where appropriate, by the standard, assuming all responsibility in the event of non-compliance with said regulations. 2. In accordance with this law, you accept the relationship as a data processor with respect to the personal data that users registered on the Platform provide to Kavan for the purpose of making appointments and inquiries, maintaining in any case the level of data specially protected for such information. 3. In turn, with respect to the data it stores about its users, Kavan assumes its status as a data processor for specially protected data in accordance with the Data Protection Regulation and its Privacy Policy. Professionals will process Patients' personal data for the purposes and under the conditions defined in privacy policies, exempting Kavan from any responsibility for the Professional's use of Patients' personal data received as a result of providing the Service and being solely responsible for their treatment in relation to the Service provided.
6. Exclusion of guarantees and liability
Kavan is a platform that acts as an intermediary for the management of face-to-face or online psychological therapy. The Professionals who use or appear on the Platform are not employed or have any type of contractual relationship as service providers with Kavan, and Kavan does not provide opinions, advice or psychological care and disclaims any responsibility for the opinions, advice and information provided by Professionals through the Platform.
The inclusion of Professionals on our platform does not imply any recommendation or approval of such Professionals. The use of the Platform by any entity or individual to verify the credentials of Professionals is prohibited.
All opinions and statements expressed by Professionals through our platform and during any session provided through it are exclusively the opinions and statements of the Professional, individual and independent, and do not reflect the opinions of Kavan. In addition, Kavan is not qualified to evaluate the quality or validity of any type of psychological counseling.
By accepting these CGU, the Patient expressly releases and releases Kavan from any responsibility associated with the advice, recommendations or other information provided to him by the Professionals, as well as for the use of his data that the Professional may make. Therefore, in any case and regardless of the channel through which the Patient accesses the Professional's services, the Professional will keep Kavan harmless and free from any liability or claim of the Users related to the provision of the Clinical Services, and the Professional being responsible for any compensation that derives from them. The professional expressly declares that he has all the legal, fiscal and administrative qualifications, as well as the corresponding insurance and permits required, where appropriate, for the exercise of his activity in the private sector. Kavan may at any time require that you provide documentary proof of compliance with the above-mentioned obligations.
Kavan is not responsible for damages resulting from the User's misuse of the Platform. In turn, given its nature as a connecting platform between Professionals and Patients, it exempts itself from any responsibility associated with inquiries, recommendations or any activity that links both parties, including the use of data that either party may make of them.
7. Economic conditions
Access and registration on the Platform, as well as the submission of Requests, do not involve any cost. However, the Reservation will be confirmed after the corresponding payment of a Price, under the conditions described below.
7.1 Price
7.1.1 Specific Conditions for the Professional
Kavan will charge the Professional Management Fees calculated as a percentage of the Price set by the Professional for the Service, as stated in the Reservation. With regard to making Reservations and, where appropriate, carrying out the Service through the Platform, they will be charged and invoiced by the Professionals who provide their services using the Platform at the prices freely established by the Professionals and known to the Patient at the time of their Request. The provision of the Contact Interview will be free of charge for the Patient, the Professional assuming the costs of their time in relation to it.
7.1.2 Patient-Specific Conditions
Access to the Platform is free of charge. The Patient can book a Service through the Platform by following the corresponding reservation process. Upon receipt of a Booking confirmation by email from Kavan, a legally binding contract is formed between Professional and Patient, subject to any terms and conditions agreed upon between the parties, exempting Kavan from any liability as indicated in these CGU. The relationship between the patient and the professional is formalized, subject to all legal and professional requirements applicable in each case.
7.2 Payment method
The payment of the amount for the service provided will be made by debit/credit card through the payment gateway enabled on the Platform at the time of making the Reservation. In the case of sessions where non-European cards are used, the corresponding additional charge for bank fees will be processed. The Patient will pay 100% of the Price of the Service at the time of making the Reservation, which will be withheld until the completion of the Service, being effectively charged after the end of the Service.
7.3 Cancellation
The Patient may cancel their Reservation free of charge, at any time, at least 1 hour in advance of the scheduled appointment time. Otherwise, the Patient will be penalized with 50% of the Service Price. In case of cancellation agreed between the Patient and the Professional, there will be no cost to the Patient.
8. Personal data
In the context of your use of the Platform, Kavan will collect and process your personal information. By using the Platform and registering as a User, you acknowledge and accept the processing of your personal data by Kavan in accordance with applicable legislation and as established in the Privacy Policy. Kavan informs you of the possibility of exercising your rights of access, rectification, cancellation and opposition by email [rgpd@kavanhealth.com]. The data and information of Kavan Users are private. The registered data must be authentic, that is, real in order to be able to provide a correct service. In case of falsehood of such information, Kavan is exempt from any damage or liability that may result from it.
8.1 Patients
Once registered on the Platform, the Patient will be considered a User, and such data are only accessible to Kavan, as well as to the Professionals with whom the Patient requests an appointment in any of their modalities. The information shared by the Patient will be accessible by the Professionals and, where appropriate, the center to which they belong, in order to guarantee proper care and ensure quality in the provision of services, and in no case will it be provided to third parties outside the provision of the service requested by the user. At any time you can revoke this authorization directly and automatically. Kavan is not responsible for the use that the Professional may make of the data shared by the Patient directly with the Professional.
8.2 Professionals
Once registered on the Platform, the Professional is considered a professional user and the data you include in your profile (excluding those of a personal nature such as your mobile phone or email) will be available to Patients for the purpose of being able to arrange the Services offered by the Professional. With the acceptance of these conditions, the Professional accepts the dual relationship of processor to be carried out, in such a way that: In accordance with data protection regulations, you expressly declare that you are aware of the obligations to register files, security documents and other obligations determined, where appropriate, by the law, assuming all responsibility in the event of a breach of said regulation.In accordance with this law, you accept the relationship as a data processor with respect to the personal data that registered users of the Platform provide it to Kavan for the purpose of making appointments and inquiries, while maintaining the level of data specially protected for such information. In turn, with respect to the data it stores about its users, Kavan assumes its status as a data processor for specially protected data in accordance with the Data Protection Regulation and its Privacy Policy. Professionals will process Patients' personal data for the purposes and under the conditions defined in privacy policies, exempting Kavan from any responsibility for the Professional's use of Patients' personal data received as a result of providing the Service and being solely responsible for their treatment in relation to the Service provided.
9. Intellectual Property
All intellectual and industrial property rights over the contents and/or services of the Platform of the linked website and the mobile application are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of its contents without the prior, express and written authorization of Kavan or, where appropriate, the owner of the corresponding rights. As a User, by publishing content such as audiovisual images, photographs and texts that are subject to intellectual property rights or that are owned by the corresponding User, you grant Kavan the possibility of using them under a non-exclusive, transferable license and without the possibility of being sub-granted, without commission or other need to offer any remuneration to its author for the use, and international reach. In other words, you authorize the Platform to make use of it, but under no circumstances to carry out direct commercial activity through the sale or transfer of such content to third parties for its own operation.
10. Applicable Law — Jurisdiction
For the resolution of all disputes or issues related to the Platform or the activities carried out on it, Spanish legislation will apply, to which the parties expressly submit themselves, and the Courts and Tribunals of Madrid are competent to resolve all conflicts arising from or related to its use. All this without prejudice to the fact that, as indicated in these CGU, the Service provided to the Patient shall be understood to have been performed in the country of residence of the corresponding Professional.