Terms and Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform"). This website is owned and operated by Theraply Pty Ltd. (“Company”, “us”, “our”, and “we”).
By accessing or using the Platform, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, do not access and/or use the Platform.
Counselors and Counselor Services
The Platform may be used to connect you with a Counselor (“Counselor”) who will provide services to you through the Platform or directly via third party platforms like WhatsApp, Skype, Zoom, etc. (“Counselor Services”).
Every Counselor providing Counselor Services on the Platform must be an accredited and experienced licensed psychologist (PhD/PsyD), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), or similar recognized professional certification based on their state and/or jurisdiction. Counselors must have an academic degree and licenses in the relevant field. They must successfully complete the necessary education, exams, training and practice requirements, and have to be certified by their respective professional board.
The Platform’s role is limited to enabling the Counselor Services, while Counselors are independent providers who are neither our employees nor representatives. While we hope the Counselor Services will provide you with sufficient help, you must understand that they may not be suitable for everyone’s needs and that in some cases a face-to-face examination may be more relevant to help your cause. If you feel the Counselor Services provided by the Counselor do not fulfill your needs or expectations, you may choose a different Counselor through the Platform.
DO NOT RELY ON THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 000 IMMEDIATELY (IN AUSTRALIA).
IF YOU ARE EXPERIENCING SUICIDAL THOUGHTS OR IF YOU ARE CONSIDERING INJURING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE A MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM DOES NOT PROVIDE ASSISTANCE IN THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT RENDER AID IN THE AFOREMENTIONED CASES.
Third Party Content
The content, products or services provided through the Platform may belong to third parties ("Third Party Content"). We are not responsible for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
Warranties and Limitations of Liability
ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. YOU HEREBY RELEASE US FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING ANY ERROR, OMISSION, DEFECT RESULTING FROM (WITHOUT LIMITATION) AN OPINION, RESPONSE, ADVICE, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT AS WELL AS THIRD PARTY CONTENT ACCESSIBLE THROUGH THE PLATFORM.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. USE THE PLATFORM AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
The limitation of liability will be deemed modified solely to the extent necessary to comply with applicable law. This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your Account and Obligations
You hereby confirm that you are over the age of eighteen (18) or have the legal ability to consent to Counselor Services or have your Parent/Guardian consent to Counselor Services. You agree to provide accurate, true, current and complete information through the Platform and update this information when needed so that the Counselor can fully address your needs. You hereby certify that your use of the Platform, including the Counselor Services, are for your own personal use only and that no other person or organization will have access or use it on your behalf.
The license granted herein does not permit you to, and you agree not to interfere with or disrupt, or attempt to interfere with or disrupt any of the Platform’s systems, services, servers, networks or infrastructure, including obtaining unauthorized access to the aforementioned. You agree and commit not to modify, translate, disassemble, decompile or create derivative works of the Platform or allow a third party, whether directly or indirectly to modify, translate, disassemble, decompile or create derivative works of the Platform.
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 unauthorized access to the aforementioned.
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 Counselors and us. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses). Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Company will apply reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree to pay all fees and charges associated with Counselor Services in a timely manner and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your payment details you authorize us to bill and charge you through the Platform and you commit to keeping your payment details accurate and up-to-date. Should you have any concerns regarding a bill or a payment, please get in touch with us immediately by sending an email to email@example.com. Your issue will be assessed on a case by case basis. The resolution may include helping you find a new Counselor, renewing your subscription at no cost to you, and issuing partial or full refunds in relevant cases.
Access to the Platform
Company reserves the right, at any time, to modify, suspend, disrupt or discontinue the Platform (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible at all times. You admit that in the case of software or server disruption we will have no obligation to provide you with any support or maintenance in connection with the Platform.
The communications between you and Company are conducted through electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the Platform or communicates with you via email. You may receive notices or other communications regarding this agreement or any aspect of the Platform, by email to the email address you provided us with, by regular mail or by posting it online. The date of receipt shall be the same as the date on which such notice is given. Notices shall be delivered to the company by email at firstname.lastname@example.org
This Agreement and our relationship with you are governed by the laws of Australia, without regard to any conflict of laws rules and principles. You irrevocably agree to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. The Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE COMPANY AND YOURSELF REGARDING THE COUNSELOR SERVICES. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY CLAIMS OR PROMISES BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may revise this Agreement from time to time without notice to you. All modifications shall be effective upon posting, unless otherwise specified. We encourage you to read this Agreement periodically. You agree to be bound by any and all changes to the Agreement. If you do not agree to the changes, you must not participate in the Counselor Services.
These Terms and Conditions were updated on 03.12.2020