Terms and Conditions
Last revised September 29, 2023
TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions”) form a legally binding agreement between Lantana Collective, LLC dba Wellpartum (“Wellpartum,” “the Company,” “we” ,“us” and “our”) and you, the individual (“you” and “your”) concerning your access to and use of services and information offered through our website (www.wellpartum.com, “the Website”) and the Wellpartum mobile application (“the Wellpartum app” or “the App”). Use of the Wellpartum Website or the Wellpartum App constitutes your acceptance of these Terms and Conditions and our Privacy Policy. If you do not agree with these Terms and Conditions, you are prohibited from using the Website and the App and must discontinue use immediately.
SERVICES
Wellpartum publishes postpartum and infant care information, and may supply contact information for independent care providers through the Wellpartum website, the Wellpartum mobile application, and Wellpartum social media accounts (www.instagram.com/wellpartum and www.facebook.com/wellpartum).
Wellpartum services include providing general health, mental health, wellness, and infant care information, but do not include the provision of medical advice, health care, mental health counseling or other professional services. It is your responsibility to contact a healthcare provider or other service provider with any questions or concerns related to the health and wellbeing of yourself or any minor children in your care. Contact a healthcare provider immediately with any concerns you may have regarding you or minor children in your care.
Independent care providers
Any diagnoses, care, recommendations, advice, or referrals provided to you by independent care providers whose name or contact information you found through the Website, the App or social media, is not provided by the Company. Care providers who supply general information on the Website and the App are solely responsible for maintaining any required licenses, certifications and/or authorizations, as applicable, in the respective state(s) in which they provide their services. These care providers are independent contractors, and are not employees of the Company. Reliance on any information provided by independent care providers or appearing on the Website or the App is solely at your own risk.
DISCLAIMERS
THE CONTENT FOUND ON THE WEBSITE, THE APP AND SOCIAL MEDIA IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL OR MENTAL HEALTH ADVICE AND IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BY A HEALTHCARE PROVIDER OR MENTAL HEALTHCARE PROVIDER. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE INFORMATION ON THE WEBSITE OR THE MOBILE APPLICATION.
IF YOU THINK YOU OR YOUR MINOR CHILD ARE EXPERIENCING A MEDICAL EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR HEALTH OR THE HEALTH OF YOUR MINOR CHILD, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
Fees and Applicable Charges
If you are a direct subscriber, you agree that you are solely responsible for all subscription fees for the Services, pursuant to the schedule of monthly subscriptions and fees set forth on the Website and the Pacify Application. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing and using the Website, the Pacify Application and Services. Pacify reserves the right to modify its pricing and subscription structure at any time.
Registration and Security
When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
PROHIBITED USE
By using the Wellpartum Mobile Application, you agree to not engage in inappropriate or illegal activity, including, but not limited to, any of the following:
· Send or otherwise transmit to or through the App any unlawful, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, and any unsolicited advertising, solicitation or promotional materials;
· Misrepresent your identity, affiliation or personal information in any manner;
· Seek support outside the Services;
· Engage in any abusive use of the App
· Participate in any harassment, abuse or inappropriate conduct of the independent care providers who have contributed to the information found on the Website or the App
· Reverse engineer, disassemble or decompile any section of the App, or attempt to gain access to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to Website or the App; or attempt to post, transmit or otherwise make available any virus, worm, spyware or other computer code, file or program that may damage or is intended to damage or hijack the operation of any hardware, software or equipment.
Your access may be terminated at any time, immediately without notice, and you will forfeit any feeds paid if it is determined that you have engaged in any of the above behavior, or other behavior the jeopardizes the Company, the Website, the App or the independent care providers. The Company does not refund any fees paid for access to the Application.
LIMITED LICENSE
The Company hereby grants you, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited personal license to:
· Use the App for your own personal use;
· Install the App on only one Device
Title
Title, ownership, and all rights (including without limitation intellectual property rights) in and to the App shall remain with the Company. Except for rights expressly granted in these Terms and Conditions, no other rights are granted, whether express or implied.
Restrictions
You understand and agree that you shall only use the App in a manner that complies with any and all applicable laws in the jurisdictions in which you use the App. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. The information the Company provides through the App may be protected by intellectual property rights owned by the Company or third parties.
You agree not to:
· Create derivative works based on the App;
· Use the App for any other purpose than those described herein;
· Copy or reproduce the App except as described in these Terms and Conditions;
· Sell, assign, license, disclose, distribute or otherwise transfer or make available the App or copies of the App in any form to third parties;
· Alter, translate, decompile, reverse assemble or reverse engineer the App, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law
· Remove or alter any proprietary notices or marks on the App
· Copy, reproduce, post, modify, create derivative works, use for commercial purposes, or distribute any of the content on the App
Trademarks
All trademarks, logos and design or brand marks displayed on the Website and the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
No Warranty
WELLPARTUM DOES NOT WARRANT THAT THE INFORMATION AND TOOLS PROVIDED IN THE APPLICATION WILL MEET ANY NEEDS OR DESIRES YOU MAY HAVE, OR THAT THE APPLICATION WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE APPLICATION IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE APPLICATION IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES AND THEY MAY NOT APPLY TO YOU.
Modification and Termination of Access
The Company may modify the Terms and Conditions with notice to you either in email or by publishing notice on the Website or the App. Such modifications may include, but not be limited, to charging fees for the use of some or all of the Application. The Company may terminate your use of the Application, or the Services at any time, with or without notice.
Updates to the mobile Application
The Company may, in its sole discretion, develop and provide updates to the Application, which may include upgrades, bug fixes, and other corrections and/or new features. Updates may also add, modify or delete certain information, content, features and functionality. You agree that the Company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality.
Based on your mobile device settings, when your device is connected to the internet either: the App will automatically download and install all available updates; or you may receive notice of or be prompted to download and install available updates. You shall promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the App, and be subject to these Terms and Conditions.
U.S. Government Restricted Rights
The Application is commercial software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Indemnification
You agree to indemnify and otherwise hold harmless the Company, its officers, employees, independent care providers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the App or any other matter relating to the App.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WELLPARTUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO THE COMPANY. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Export Restrictions
These Terms and Conditions are expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Application or information about such Application which may be imposed from time to time by the government of the United States of America. You shall not export the App or information about the Appl without consent of the Company and compliance with such laws, regulations, orders or other restrictions.
Privacy Policy
In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, your minor child’s estimated or actual birth date, any personal or protected health information, or any data about you that you elect to provide electronically through the Website or the App, and any other information that identifies who you are. Personal Information will be used by the Company in accordance with these Terms and Conditions, and our Privacy Policy.