The Platform may be used by you to connect you with a Psychologist, Counsellor, Social Worker or Executive Coach (each a “Wellbeing Coach”) who will provide counselling or coaching services to you through the Platform (“Services”).
The Wellbeing Coaches are independent providers who are not our employees, agents or representatives. The Platform’s role is limited to enabling the Services, while the provision of the Services themselves are the responsibility of the Wellbeing Coach who provides them. If you feel the Services provided by the Wellbeing Coach do not fit your needs or expectations, you may request to change to a different Wellbeing Coach who provides services through the Platform.
While we hope the Services are beneficial to you, you understand, agree and acknowledge that services in an online environment may not be appropriate to meet everyone’s needs; may not be appropriate for every situation; and/or may not be a complete substitute for in-person services.
You agree, accept and acknowledge that subject to the below, it is your responsibility to determine whether or not the Services will be appropriate for your specific circumstances.
YOU ACKNOWLEDGE AND ACCEPT THAT THE PLATFORM IS NOT DESIGNED FOR OR APPROPRIATE FOR CIRCUMSTANCES WHERE YOU ARE CONSIDERING SELF-HARM OR HARMING ANOTHER PERSON, OR YOUR SAFETY OR THE SAFETY OF ANOTHER PERSON IS OTHERWISE AT RISK. YOU MAY REFER TO THE CRISIS RESOURCES PROVIDED IN THE PLATFORM, AND USE YOUR OWN JUDGEMENT IN SUCH CIRCUMSTANCES.
THE PLATFORM IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
The Platform is also not intended for case management and crisis management, and the client agrees that the Wellbeing Coach will not be undertaking such activities as part of provision of Services.
The fees to be paid for the Services are as advertised on https://talkyourheartout.com/pricing/.
Fees must be paid in advance to access the Services.
We will fully refund payments for a session where the Wellbeing Coach has been available for less than 50 minutes during a session, for example, because of internet disruption on the part of the Wellbeing Coach, or late arrival or early departure of the Wellbeing Coach. You agree that it is your responsibility to claim and prove that a refund is owed to you.
You agree that if you are late for your session by more than 20 minutes, this will be considered to be a non-refundable, no-show cancellation on your part.
We do not accept rescheduling requests or cancellations within 24 hours of the scheduled time. Any payments made towards such appointments will be non-refundable.
You agree that for cancellation of appointments, we will charge you $5 per session for online transaction fees.
You agree that you will not, nor attempt to, make private arrangements with our Wellbeing Coaches to provide any service competitive with any service then offered by the Company on the Platform without the prior express consent of the Company.
You agree that the Company has the right to delete your account and/or refuse to provide any further Services (whether paid for in advance or not) in the event you breach this provision.
You agree that you will not carry out any video- or audio-recording during the session, without the prior express consent of your Wellbeing Coach.
You agree, acknowledge and accept that all input given, statements made and suggestions provided by Wellbeing Coaches during the sessions are only for your consideration.
The client agrees that the client is solely responsible for any decisions that the client makes (including acting upon them) as a result of their discussions with a Wellbeing Coach during a session.
To ensure that the counselling services provided are of high quality, the client consents to video, audio and text recording of the session for the sole purpose of the Wellbeing Coach’s clinical supervision. The client agrees that if the client prefers that a session not be recorded for any reason, the client will give prior notice of this to the Wellbeing Coach.
Subject to the above in this clause, Wellbeing Coaches will not disclose any information that may identify the client without the client’s prior express consent, except when required by law.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY WELLBEING COACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OWED BY US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, DOES NOT EXCEED THE FEE FOR THE SESSION, AND WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
You agree and confirm that your use of the Platform, including the Services, are for your own personal use only and that you are not using the Platform or the Services for or behalf of any other person or organisation.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Wellbeing Coaches and us.
If you receive any file from us or from a Wellbeing Coach, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Methods”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account according to the fees schedule, the terms and the rates as published on the Platform. By providing us with your Payment Methods you authorise us to bill and charge you through that Payment Methods and you agree to maintain valid Payment Methods information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to email@example.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Wellbeing Coach, and issuing partial or full refunds if applicable.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be reliable and accessible at all times and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.