Heloa Premium service

Effective date: November 15, 2021

Last update: January 23, 2024

Between KELINDI SAS, 150 AV DE L ESPACE 59118 WAMBRECHIES, registered in the Lille Métropole Trade and Companies Register under number 881 771 513, represented by its Chairman, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter referred to as the “Service Provider”.

On the one hand,

And the individual or legal entity purchasing the Heloa Premium service offered in the Heloa application offered by the company,

Hereinafter referred to as the “Subscriber”,

On the other hand,

It has been explained and agreed as follows:

Preamble

The Service Provider manages a Website and an Application dedicated to early childhood and parenthood, which offer various Services:

The Bonjourmalo.fr Blog: This is an online website published by Kelindi SAS for the benefit of Users, covering the various developmental phases of children aged 0 to 7, as well as in-depth articles on parenting. The blog is freely accessible on the Site. It is also accessible free of charge from the Heloa Application. The information on this site is published for information purposes only.

A My Children feature in the Heloa application. This is a service enabling parents to record past and present medical information on their children aged 0 to 7. This feature is available free of charge, after the User has registered in the Heloa application.  

    • Growth curves,
    • Medical information such as 
      • allergies
      • vaccines
      • personal history 
      • family history
      • blood type 
    • The child’s personal information, such as surname, first name and gender

A Today feature: this feature is accessible free of charge, after User registration, on the Application. This section enables users to read tips, take quizzes and read articles according to their children (filter).

  • Explorer functionality: to search through all Heloa content. This feature is available free of charge.
  • A For Me feature: This feature has two sections: 
    • A free game: 
      • Self-assessment aid for postpartum depression
      • The parent’s sleep program 
      • Some tips and articles are free. 
    • A paying part, by annual subscription including 
      • Quiz results 
      • Tips reserved for subscribers  
      • Feature articles for subscribers only 
      • Health and well-being programs for parents other than sleep
      • Podcasts

All Services are described in the GTCU. They are accessible via www.heloa.app and/or the Application.

Access to the Blog requires acceptance only of the Terms and Conditions of Use available on the Site and Application.

Access to the Heloa premium Service implies acceptance, in addition to the Terms and Conditions available on the Site and the Application, of the present General Terms and Conditions of Sale. The Terms and Conditions are also available on the Site and Application.

In general, the Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Company’s website.

The Service Provider reserves the right to modify these GTC at any time by publishing a new version on the Site and the Application. The GCS are those in force at the date of validation of the order.

Article 1. Definitions

The terms or expressions hereinafter used with a capital letter in these general conditions of sale shall mean, for the purposes of the interpretation and performance hereof :

“KELINDI SAS”: Simplified joint stock company, owner of the Site and the Application and provider of the Services, identified in the Preamble;

“MALO”: Trade name used by KELINDI SAS;

“Subscriber”: Any natural person of legal age who holds an account and has taken out a subscription to access the full Heloa Premium Service. 

“Subscription”: Refers to the contract by which the Subscriber acquires the benefit of the “Heloa premium” in return for a fixed price for a specified period via the Site and the Application;

“Application”: Refers to the MALO application available free of charge from a smartphone by downloading it from an application store (APPLE OR GOOGLE);

“Order”: Request for Services made by the Subscriber to the Service Provider;

“Card”: bank, payment or credit card used by the Subscriber to pay for the order via the Apple or Google Secure Payment Solution. 

“Personal Account”: the registered User’s personal, secure management interface, to which he/she has access with his/her User ID and password, on which personal data is stored, and on which he/she can, in particular, track services ordered and update his/her personal data required to use the application.

“General Terms and Conditions of Sale” means the General Terms and Conditions of Sale which are the subject hereof;

“GCU”: The General Terms and Conditions of Use are made available on the Site and the Application. They define and delimit the conditions of use for all persons who access and use the Site and/or the Application;

“Contract” means this deed, including its preamble and appendices, and any amendment, substitution, extension or renewal made hereto by virtue of the agreement of the Parties ;

“Parties”: Persons who have signed and agreed to these GTC and the obligations contained therein;

“Price”: the unit value of a Service; this value includes all taxes;

“Heloa Premium”: Access to media content (articles, written advice, podcasts, videos) written by professionals with expertise in early childhood and/or parenting. Access also to exclusive features available only to subscribers who place an order, such as the “My Goals” feature.  

“Site”: KELINDI SAS’s secure Internet site accessible by users and registered users at the URL address www.heloa.app and enabling access to the Services under the terms and conditions set out in these GCU;

“Secure Payment Solution”: All of the payment tools made available on the Platform relating to the payment solution managed by a third party (APPLE OR GOOGLE) to enable the Subscriber to pay for the Services on the Platform. The Secure Payment Solution is the one to be used exclusively by the Subscriber and KELINDI SAS via the Platform.

“Registered User”: User who has created a personal account on the Site or application to order services accessible only by prior identification.

Article 2. Subject

The purpose of the present contract is to define the rights and obligations of the Parties in the context of the Online Sale of the Heloa Premium Service offered for sale by the Service Provider to the Customer, via annual subscription mechanisms. It supplements the GCU, available on the Site and the Application.

Article 3. Capacity

Access to the Heloa Premium Service is reserved for customers who are natural persons of legal age and capable of entering into obligations under French law, or by whom they have been mandated to do so.

The Subscriber may use the Services on behalf of third parties over whom he/she has parental authority or for whom he/she is recognized as a guardian or curator in accordance with French law.

By registering on the Site or the Application, the Subscriber declares and guarantees that he/she is of legal age and has full legal capacity.

Article 4. Acceptance

The GCS are accepted by all Customers who register via the Application which links to the site www.heloa.app and subscribes to the Heloa Premium Service. 

The Subscriber declares that he/she has read these General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Site and Application and has accepted them without restriction or reservation by checking the appropriate box when registering.

By accepting these GCS, the Subscriber also accepts :

  • the Service, its provision and performance ;
  • Awards ;
  • all payment methods offered on the Site and Application;
  • Any dispute concerning any of these points shall be settled in accordance with the last article of these GTC.

Article 5. Entry into force – Duration – Withdrawal

This Contract comes into force on the Order Validation date as defined in Article 6.

The Contract is concluded for a period of one year, with tacit renewal in the case of an annual subscription or a monthly subscription with tacit renewal without commitment.

The Subscriber understands and accepts that the Heloa Premium Service will be available to him/her as soon as he/she subscribes. Consequently, the Service will be fully executed before the end of the fourteen (14) calendar day withdrawal period available to the Subscriber. For this reason, the Subscriber expressly waives his/her right of withdrawal by ticking the appropriate box (article L. 221-28 of the French Consumer Code).

However, you may unsubscribe at any time from the Site and, if applicable, from the Application, under the conditions set out in the GCU. However, he/she will benefit from the Heloa Premium service until the anniversary date of the annual or monthly subscription. Once this date has passed, the subscription will not be renewed.  

Article 6. Ordering the Service and Steps in completing the Online Sale

In order to complete the Order, the Subscriber must complete the following steps:

1. Dial the Site address or download the free Application ;

2. Follow the instructions on the Site or the Application and, in particular, the instructions required to open a personal Account as set out in the GTCU ;

3. Check the Subscription selected and, if necessary, identify and correct any errors;

5. Validate the Order and the Total Price (the “Order Validation”);

6. Follow the instructions of the online payment server to pay the Total Price.

The Subscriber then immediately receives electronic confirmation of acceptance of payment of the Order via the third-party payment processor (Google or Apple). 

The Subscriber will also receive electronically and without delay an acknowledgement of receipt confirming the Order (the “Order Confirmation”) via the third-party payment processor (Google or Apple). 

When carrying out the various stages of the Order mentioned above, the Subscriber undertakes to respect the present contractual conditions in application of article 1366 of the French Civil Code.

Article 7. Prices and Conditions of Validity

The price of the subscription sold on the application is indicated before subscription.

At the time of Order Validation, the price to be paid is the Total Price.

The validity of offers and prices is determined by the updating of the Site and/or the Application.

Article 7.1. Proposed subscriptions

The Service Provider offers two subscription formulas for the Heloa Prémium Service 

  • One-year subscription on renewal for any Heloa user who subscribed before January 22, 2024 at 11:59 pm.
  • Monthly subscription for all Heloa users who take out a Heloa premium subscription from January 23, 2024.
  • Subscription offered by a partner (e.g. mutual or insurance company). He/she must then enter the code provided by the partner.  

Article 7.2. Prices and Terms of Payment

The prices in force for the various subscriptions are those indicated on the Site or the Application. They are expressed in euros, all taxes included.

Rate changes will apply to all new contracts taken out on or after the effective date of the change.

Article 7.3. Duration – Renewal – Termination

the Subscription is concluded :

  • With a one-year commitment for subscriptions taken out before midnight on January 22, 2024 : 

The Price is paid in full at the time of subscription, by direct debit from the Customer’s bank account.

  • With monthly or annual commitment for subscriptions taken out after midnight on January 22, 2024 : 

The Price is paid monthly on the anniversary date of the subscription, by direct debit from the Customer’s bank account. 

  • Subscription takes effect on receipt of payment.

Unless the Subscriber cancels 15 days before the expiry of the current period via the “Preferences/My Subscription” section available on the Application, each subscription is tacitly renewed for an identical period. The Subscriber may cancel his Subscription at any time. Please note that :

  • Any new year started remains due.
  • Any month started remains due. 
  • Failure to cancel 15 days before the annual due date will result in the following year’s Subscription fees being invoiced.
  • Failure to cancel 15 days before the monthly due date will result in the next month’s Subscription fee being invoiced. 

The Subscriber can check the Subscription end date in his or her Personal Account.

In addition, the Service Provider may terminate the Subscription early in the event of use of the Service contrary to the GCU and GTC.

Finally, the Service Provider may terminate the Customer’s Contract in the following cases:

– breach by the Customer of any of its obligations,

– non-payment by the Subscriber of sums due to the Service Provider, after formal notice has remained without effect (termination in these cases will be effective at least five (5) days after the Service Provider has notified the Subscriber).

– force majeure affecting the Service Provider for more than fifteen (15) days,

– Admissibility of the customer’s case before the Debt Commission.

When termination is activated by the Service Provider, the Subscriber may not claim any compensation whatsoever.

Article 7.4. Terms of payment

Subscriptions are taken out online via a form to be completed.

The information provided by the Subscriber is binding. The Service Provider cannot be held responsible for any errors in the wording or contact details.

At the time of subscription, the Subscriber declares that he/she has read and accepted the GCU and the present GCS. A confirmation email is sent to the Customer upon receipt of payment. This email constitutes proof of the Subscription.

The Service Provider cannot be held responsible for the non-receipt of this email due to an error in entering the email address by the Subscriber at the time of registration.

Payment of the Total Price by the Subscriber is made by credit card via a secure payment server. Online payment by credit card is ensured by a secure solution incorporating an SSL encryption process.

The transaction is immediately debited from the customer’s credit card after verification of the customer’s credit card details, and upon receipt of debit authorization from the credit card issuer.

In accordance with article L. 132-2 of the French Monetary and Financial Code (Code monétaire et financier), the commitment to pay given by means of a payment card is irrevocable. By providing his/her credit card details, the Subscriber authorizes the Service Provider to debit his/her credit card for the amount corresponding to the All-Inclusive Price.

To this end, the Subscriber confirms that he/she is the holder of the bank card to be debited, and that the name on the bank card is indeed his/her own. The Subscriber provides the sixteen digits and expiry date of his/her credit card and, where applicable, the visual cryptogram numbers.

In the event that it is impossible to debit the Total Price, the Online Sale will be immediately cancelled by operation of law and the Order will be cancelled.

The Service Provider does not store any banking data on these servers.

Article 7.5. Payment incident

All direct debits made by the User are carried out by the payment service provider Apple or Google via their respective stores. Third parties will verify the User’s ability to pay.  

Article 8. Commitments of the Parties

Article 8.1. Customer commitments

Subject to prior registration and payment, the Subscriber may access the Heloa Premium Service by entering his/her login and password on the Site or Application.

The Subscriber is solely responsible for his/her login and password and undertakes not to divulge them to third parties.

The Subscriber undertakes to use the Heloa Service personally, for his/her needs and those of the persons over whom he/she exercises parental authority.

The Subscriber acknowledges that the Heloa Prémium Service is not a medical service. No medical information will be provided in this context.

The Subscriber is solely responsible for the use made of the information provided and, consequently, the Service Provider cannot be held liable for any direct or indirect damage arising from the use of this information.

Article 8.2. Provider’s commitments

The Service Provider undertakes to guarantee access to the Heloa Premium Service under the conditions set out in article 6 of the GCU. In the event of platform maintenance, the Subscriber will be informed on the Home page of the Site or on the Application, and in the event of maintenance exceeding 24 hours, the Subscriber’s subscription will be extended by the number of hours of maintenance (converted into days).

This access applies except in cases of force majeure and subject to the technical constraints (notably breakdowns and maintenance operations) necessary for the proper operation of the Site and Application. Wherever possible, maintenance operations will be announced in advance by e-mail. No compensation will be payable for such interruptions, unless they exceed 15 days. Reimbursement will then be made on a prorata temporis basis.

Article 9. Account deletion

The Subscriber may delete his or her account under the conditions set out in the GCU. Deletion of the account does not automatically terminate the Subscription. Termination must be express, as stated in article 7.3.

Article 10. Claims

The Subscriber must send any complaints to the following address: [email protected], quoting the Order reference and date.

Only claims relating to the Online Sale of the Service will be taken into account.

Article 11. Confidentiality of Data

The information requested from the Customer is necessary to process the Order.

In the event that the Subscriber agrees to communicate individual personal data, he/she has an individual right of access, withdrawal and rectification of such data under the conditions laid down by law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms. The Subscriber must send any written request to the following address [email protected]

Article 12. Force Majeure

The performance by the Service Provider of its obligations under the terms of this Contract shall be suspended in the event of the occurrence of an act of God or force majeure which hinders or delays its performance.

The Service Provider declines all responsibility for any breach of any of its contractual obligations in the event of force majeure or fortuitous events such as, but not limited to: catastrophes, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper transmission and/or execution of data.

The Service Provider will notify the Subscriber of the occurrence of such an act of God or force majeure within 15 (fifteen) days from the date of occurrence of the event.

If the suspension of the Provider’s obligations continues for a period of more than 30 (thirty) days, the Subscriber may cancel the Order and the Provider will then refund the Order under the conditions set out in Article 8.2.

Article 13. Partial nullity

Should any of the provisions of this Contract be null and void, such nullity shall not entail the nullity of the other provisions of the Contract, which shall remain in force between the Parties.

Article 14. Language

By express agreement between the Parties, these General Terms and Conditions of Sale are governed by French law.

They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

Article 15. Applicable law

These GTC are governed by French law.

Article 16. Disputes – Jurisdiction

All disputes arising from this contract, concerning its validity, interpretation, performance, resolution, consequences and consequences thereof, shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or warranty claims.

In application of articles L.211-3 and L.611-1 et seq. of the French Consumer Code, the Subscriber may, in the event of a dispute, have recourse to a conventional mediation procedure or any other alternative dispute resolution method.