Lalu Application Terms and Conditions

Please read the following terms and conditions (Terms) before you use the App (defined below) and use any content provided by us through the App.

By using the App, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use the App. 

Summary of some of your key rights:

In these Terms:

‘we’, ‘us’ or ‘our’ means Lalu Life Limited; and

‘you’ or ‘your’ means the person purchasing the App and the services provided through the App from us.

Contacting us. If you have any questions, or you think the App is misdescribed, please contact us by sending an email to support@lalu.life.

Who are we?

1. Introduction
   1. If you download and purchase service provided through the Lalu Life Application (App), we licence you to use:
      1. The mobile application software and the data supplied, which form the App;
      2. The service you connect to via the App and the content we provide to you through the App, which includes us making a subject access request on your behalf to obtain personal data relating to your vaccination history from your GP Surgery together with providing you an online vaccination certification through the App.
   2. Appstore terms and conditions. When purchasing the App, the Appstore’s or Google Play’s (as applicable depending on where you downloaded the App) terms and conditions and privacy policy will also apply. The ways in which you can download and use the App may be controlled by the Appstore’s rules and policies and the way the Appstore or Google Play uses your personal data will be governed by their privacy policies. We are not responsible for these rules or policies and you should ensure you read these carefully.
2. Your privacy and personal information
   1. Our Privacy Notice is available at www.lalu.life
   2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you when you download and use our App, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. We do not hold any payment or other financial details about you and we will store and process your personal data securely in the United Kingdom. In certain circumstances, we will need to transfer your personal data to third parties who will need to transfer your personal data outside of the United Kingdom, our Privacy Notice contains details about any processing of your personal data outside of the United Kingdom.
3. How you may use the App 
   1. In return for agreeing to comply with these terms you may download the App and view, use and display the App and the Services on your devices for your personal use.
4. Update to the App and changes to these terms
   1. From time to time we may automatically update the App and change the services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
   2. If you choose not to install such updates you may not be able to continue using the App and the content provided through the App.
   3. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App.
   4. If you do not accept the notified changes you may continue to use the App and the content provided through the App in accordance with the existing terms but certain new features may not be available to you.
5. Purchasing content from us
   1. You place an order through the App by selecting ‘Buy Certificate’ in the App.
   2. When you place your order (e.g. when you click on the ‘Buy Certificate’ button and accept payment by providing fingerprint authentication (or other Appstore password), we will acknowledge it in the App.
   3. We may contact you to say that we do not accept your order . This is typically for the following reasons:
      1. the data is unavailable and we are unable to provide the content;
      2. your payment cannot be authorised;
      3. there has been a mistake on the pricing or description of the content.
   4. We will accept your order once you have provided the relevant information your payment has been authorised. At this point:
      1. a legally binding contract will be in place between you and us; and
      2. you will be required to provide identification verification and authorise us to request the data in order for us to provide the vaccination certificate.
6. Acknowledging no right to cancel
   1. When you place an order for digital content, you will be asked to consent to the performance of the contract commencing immediately for the download of the vaccination certificate after you place your order by clicking ‘Buy Certificate’ and that you acknowledge that this means you lose your right to cancel.
   2. This means that you do not have the right to cancel this contract once the process for the download of the vaccination certificate starts and are not entitled to a refund unless the content provided through the App is faulty or for one of the reasons set out in clause 10.
7. Supply of the vaccination certificate
   1. You acknowledge and agree that we provide a platform to request personal data relating to medical records (including your vaccination records) and that we are not responsible for ensuring your data subject access request (for access to your medical records) is complied with in accordance with all data protection laws.
   2. You acknowledge and agree that where the GP Surgery does not comply with their obligations to make the personal data available to you, we will not be liable to you for any loss you may suffer as a result or for failure to make the vaccination certificate available to you.
8. Permission to use the vaccination certificate
   1. When you buy the vaccination certificate and it is available for you to view, you will not own the vaccination certificate as presented through the App (however this does not affect the fact the personal data contained within the vaccination certificate is yours). Instead we give you permission to use the vaccination certificate (also known as a ‘licence’) for the purpose of you using it according to these Terms.
   2. The vaccination certificate:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. may not be:
         1. copied by you;
         2. changed by you (which means, in particular, that you are not allowed to adapt it, except where allowed by law);
         3. distributed or sold by you to any third party.
9. Identity verification and real time data extraction
   1. To request the data and make the vaccination certificate available to you, we will need to verify your identity. You will be required to provide us with identification documents through the App, please see our Privacy Notice for further information on how your identification documents are used and stored.
   2. You acknowledge and agree that once your identification documents have been uploaded to the App, we will process your identification documents and provide these to your GP Surgery. If the identification documents provided by you through the App are an exact match to a patient record at your GP Surgery, we will carry out a real time data extraction to download your medical records from the GP Surgery records. Please see our Privacy Notice for more information on this real time data extraction.
   3. If your identification documents are not an exact match to a patient record at your GP Surgery, our request (made on your behalf) will be processed and your identity verified by your GP Surgery.
10. Refunds for failure to provide the vaccination certificate
    1. If we are unable to obtain your medical records from your GP Surgery, or we are unable to provide access to your medical records through the App due to a failure by the GP Surgery or due to the GP Surgery refusing to provide the medical records through the App, we will refund the price paid by you, but we will deduct any costs or charges incurred by us in carrying out identity checks on you for the purposes of making the vaccination certificate available to you. We will refund you as soon as possible following us notifying you we are unable to obtain your medical records and make this available to you through the App.
    2. Similarly, if we cannot verify your identity either through our own identity check or if your GP Surgery cannot verify your identity, we will refund the price paid by you, but we will be entitled to deduct any costs or charges incurred by us in carrying out the identity checks on you for the purpose of making the vaccination certificate available to you. We will refund you as soon as possible following us notifying you that we are unable to verify your identity, or your GP Surgery is unable to verify your identity.
11. Payment
    1. The price payable is as set out on the App when you place your order.
    2. All prices shown are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
    3. To make payment, you will be redirected to a third party payment service provider through the app store. You will be required to agree to the relevant third party payment service provider’s terms and conditions. You should read this information carefully. We will not be legally responsible to you for any loss that you may suffer as a result of the acts or omissions of such third party payment service provider.
12. Nature of the content provided through the App
    1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’).
    2. When we supply the content through the App:
       1. we will use all reasonable efforts to ensure that they are free from defects, viruses and other malicious content; and
       2. we do not promise that content provided through the App is compatible with any third party software or equipment.
13. Faulty content
    1. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page.
    2. To avoid faults in the content provided through the App, you must install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded.
14. Acceptable use restrictions 
    1. You must:
       1. not use the App or the services provided through the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
       2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or the services provided through the App;
       3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the services provided through the App;
       4. not use the App or services provided through the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
15. Intellectual property

All intellectual property rights in the App and the digital content throughout the world belong to us (or our licensors) and the rights in the App and the digital content are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the digital content provided through the App other than the right to use them in accordance with these terms.

16. Limitation on our liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
       1. losses that were not foreseeable to you and us when the contract was formed. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen;
       2. losses that were not caused by any breach on our part;
       3. business losses.
17. We may end your right to use the App if you break this contract
    1. We may end your rights to use the App and access the content at any time by contacting you if:
       1. you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so;
       2. you do not, within a reasonable time, provide us with information that is necessary for us to provide the vaccination certificate, including identification documentation requested through the App.
    2. If we end your rights to use the App and access the content:
       1. You must stop all activities authorised by these terms and conditions, including your use of the App.
       2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm that you have done this.
18. General
    1. Check that the App and the services are suitable for you. The App and the form of content provided through the App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the content provided through the App (as described on the Appstore site) meet your requirements.
    2. We are not responsible for events outside our control. If we are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    3. No rights for third parties. This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of this contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
    7. We may transfer this contract to someone else. We may transfer our rights and obligations under this contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19. Disputes 
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the App you purchased, our Service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
    2. The laws of England and Wales will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.