Terms of service
DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR YOUR EMERGENCY SERVICE NUMBER).
IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING HARMING YOURSELF OR OTHERS, FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE.
THE INTENTION OF THE PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE. THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE CASES ABOVE. THE PURPOSE OF THE PLATFORM IS NOT TO PROVIDE ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE OBTAINED 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.
OVERVIEW
This website is operated by Welcome Online Therapy. Welcome-online-therapy.com is owned and operated by NEXGEN GAMING Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Welcome Online Therapy. Welcome Online Therapy offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Welcome Online Therapy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Welcome Online Therapy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Terms and Conditions for the online platform at Online-Therapy.com
These Terms and Conditions were last updated on February 18th, 2021 and are considered effective as amended as of this date.
1. Introduction
1.1. These Terms and Conditions ("Terms" or "Terms and Conditions") are applicable to your relationship with the online platform at Online-Therapy.com (including, but not limited to, e-mails, live sessions, messaging, worksheets and the sections of our online therapy program) through which counseling may be provided (the "Platform"), operated by CRN Solutions AB (the "Company"). The Terms and Conditions also contain provisions regarding your access and use of the Platform.
1.2. The Terms apply to all visitors, users and others who access or use the Platform, except for (i) any counselor, consultant, practitioner, professional, expert, coach, therapist, advisor, or any other person or legal entity who registers to provide its Counselor Services (as defined below) through the Platform (“Counselors”) and (ii) the Company’s affiliates – to which separate terms and conditions apply.
1.3. The terms “you", "your,” and “yourself” refer to the individual user of the Platform and/or the Counselor Services (as defined below).
1.4. Please read the Terms and Conditions carefully before using the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform you agree to be bound by the Terms and Conditions. You are not allowed to use the Platform if you disagree with any part of the Terms and Conditions.
1.5. You confirm that you are (i) over the age of 18, (ii) physically located or are a resident of the state or the Country you have chosen as your current residency when creating your account, (iii) legally able to consent to receive the Counselor Services, and (iv) legally able to enter into an agreement.
1.6. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information about appropriate medications or treatment for you. None of the content on the Platform or provided by the Counselor represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. The Company does not approve any specific tests, medications, products or procedures.
2. The Platform
2.1. The Platform as well as any information text, graphics, photos or other materials uploaded, downloaded or appearing on the Platform is available at the Company’s website and mobile app (the “App”).
2.2. The Platform shall be used to connect you with a Counselor who will provide services such as counseling, consulting and professional advice to you through the Platform (the “Counselor Services”).
2.3. Other than the guidance and advice you receive directly from the Counselor, the other educational, graphics, research sources (such as the sections in our online therapy program) and other incidental information on the Platform should not be considered medical advice.
2.4. The Platform shall be 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. To the fullest extent permissible pursuant to applicable law, the Company expressly disclaim all warranties of any kind, whether expressed or implied.
2.5. At any time and for any reason, or for no reason at all the Company may, with or without prior notice, modify, suspend, disrupt or discontinue (i) the Platform, (ii) any part of the Platform, or (iii) the use of or access to the Platform, whether to all users or to you specifically. Further, the Company is entitled, but is not obligated to, refuse to provide access to the Platform to any person, agency or organization at any time, for any reason or for no reason at all, in its sole discretion. The Company reserves the right to without prior notice change, suspend, or discontinue all or part of the Platform, temporarily or permanently. The Company 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.
2.6. The Company will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility. However, no platform can be 100% reliable and accessible and the Company does not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times, or that any eventual defects will be corrected.
2.7. The Company has created an accredited network and hires advanced data science available to offer the best digital tools to use the Platform. In view of the foregoing, you are always advised to exercise a high level of care and caution in the use of the Platform as you would making any mental health or medical decision.
2.8. The Platform can contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements related to Third Party Content. The Company is not liable (or responsible) for the creation of any such Third Party Content, including but not limited to any related products, practices, terms or policies. Further, the Company will not be liable for any damage or loss caused by any Third Party Content.
2.9. You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. The Company cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the Platform.
3. Your Account
3.1. In order to use the Platform, you must sign up and establish an individual user account, which includes providing specific information. When establishing your account, you must also provide your personal contact information as well as a close family member’s or friend’s contact information (“Emergency Contact”), which the Counselor shall use in case of a mental health crisis or other emergencies where knowledge of your location is necessary.
3.2. You undertake not to create more than one account, or an account for anyone other than yourself without prior permission from the other person. Further, you undertake not to use the account of any other person for any reason.
3.3. You are always responsible for maintaining the confidentiality of your account password and username (if any) and any other security information related to your account. In the event of any unauthorized use of your account or any other concern for breach of your account security, you undertake to immediately notify the Company. The Company will not be liable for any loss or damage that you incur as a result of someone else accessing using your account, either with or without your knowledge. You are recommended to frequently change and take extra care to protect your password.
3.4. You are solely and fully liable and responsible for all activities performed using your account. The Company will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorized by you or not, and you agree to indemnify and hold the Company harmless for any such damage or loss.
4. The Counselors and Counselor Services
4.1. The Company does not employ the Counselors matched through the Platform. The Counselor, and any individuals retained by the Counselor to use the Platform, are independent parties in relation to the Company and no employment relationship for such individuals shall arise between the individual and the Company. The Company has created a digital health network with nationwide and worldwide digital trained and accredited Counselors.
4.2. The Company cooperates with independent, licensed or certified/accredited (depending on their location), insured and vetted professional Counselors. The Company requires all Counselors providing Counselor Services to be licensed or certified/accredited professionals in good standing in the relevant field of expertise abiding by all relevant laws, rules, and regulation.
4.3. Your relationship with the Counselor is solely, and strictly, with the Counselor. The Company shall not be involved in the Counselor-patient relationship. Further, the Company does not interfere, validate or control the Counselor’s treatment unless advocating on behalf of you when following up on a specific complaint.
4.4. You should not at any time disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider, or use or combine the Platform with traditional face-to-face appointments, only because of information you find notice on the Platform or the Company’s website or because of advice you receive through a Counselor.
4.5. The Platform is limited to allowing Counselor Services. The Counselor is further liable for the Counselor Services provided by the Counselor.
4.6. You are aware of that the Counselor Services may not be suitable for everyone’s needs or for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation. If the Counselor Services you have been provided by the Counselor are not suitable for your needs or expectations, you are entitled to change to a different Counselor who provides services through the Platform.
5. Your Use of the Platform
5.1. Your use of the Platform and your reliance upon any of its contents is solely at your risk.
5.2. You are aware that in order to access and use the Platform, you must provide truthful information about your age, residence and Emergency Contact. The Counselor you access depend on this certification in order to interact with you and provide the Counselor Services.
5.3. All information you have provided, or will provide in the future, in or through the Platform shall be true, accurate, current and complete. Additionally, you shall during the term of these Terms and Conditions make sure to maintain and update the information in order to continue to be true, accurate, current and complete.
5.4. You shall not access or use the Platform or the Counselor Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms.
5.5. You undertake not to post, send, use, store, transmit or deliver either of the following on and through the Platform:
(i) messages or information under a false name;
(ii) unsolicited e-mail and/or advertisement or promotion of goods and services;
(iii) malicious software or code;
(iv) information that is unlawful, libelous, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content;
(v) any content that infringes a third party right including intellectual property rights of others or the privacy or publicity rights of others;
(vi) any content that may cause damage to a third party; or
(vii) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
5.6. Further, you shall not attempt to disrupt the operation of the Platform by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Platform in any way that could damage, disable or impair the Platform. You shall not attempt to obtain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform for any purpose.
5.7. The Company is not obligated to respond to messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.
5.8. In case you provide information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to believe that your account information is untrue, inaccurate, not current or incomplete, the Company reserves the right to transition your treatment to another counselor outside of the Platform and refuse any future request(s) from you to use the Platform.
5.9. Your use of the Platform, including the Counselor Services, are solely for your own personal use and you shall not use the Platform or the Counselor Services for or behalf of any other person or organization.
5.10. You shall not interfere with or interrupt, or attempt to interfere with or interrupt, any of the Company’s or the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
5.11. You shall not 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 the Company.
5.12. In case you would receive a file from the Company or a Counselor, whether through the Platform or not, you shall check and scan this file for any virus or malicious software prior to opening or using this file.
5.13. This Clause 5.13 applies to any App accessed through or downloaded from any source where the App is made available ("App Provider"). The Terms and Conditions are applicable on the relationship between you and the Company, and not with the App Provider. The Company is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. In case you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features the Company publish in order to improve, enhance, and further develop the software, Platform, or App. The App may change from time to time and/or the Company may permanently or temporarily stop providing the App without prior notice to you.
6. Payment
6.1. Regardless of any payments made, the Company shall not be considered as your direct provider of therapy services. Solely the Counselor shall be considered as such provider.
6.2. You shall only use credit cards or other payment means (“Payment Means”) which you are duly and fully authorized to use. All payment related information you have provided and will provide in the future, to or through the Platform, shall be accurate, current and correct and will continue to be accurate, current and correct. By providing the Company with your credit card information, you authorize the Company to bill and charge your credit card.
6.3. You shall pay all fees and charges associated with your account on a timely basis and according to the fee schedule, the terms and the rates as published on the Platform. By providing the Company with your Payment Means you authorize the Company to bill and charge you through the Payment Means. Further, you shall maintain valid Payment Means information in your account information.
6.4. The Company provide professional services, which are paid to the Counselor through a Counselor Agreement between the Company and the Counselor. Refunds for unused time are normally not granted since the Counselors charge for time which is scheduled to be used – as other medical professionals. The Company will together with the Counselor review refund requests on a case-by-case basis. In case the refund request is based on any special or legal circumstances, such as but not limited to medical, death, disability or court orders, the Company will make accommodations. In case refund is not granted or possible, the Company will be able to provide other accommodations, such but not limited to helping you find a new Counselor, extending your subscription at no or a reduced cost and providing credit for future Counselor Services.
7. Intellectual Property
7.1. All content available on or through the Platform shall be the property of the Company or its licensors, and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
7.2. The Platform is subject to various factors such as, but not limited to, software, hardware and tools, either the Company’s or those owned and/or operated by the Company’s contractors and suppliers.
7.3. You undertake not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download through the Platform is the copyrighted work of the Company or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
7.4. The Platform is protected by copyright, trademark, and other laws of both Sweden and foreign countries. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Any kind of abuse will be reported.
8. Limitations of Liability
8.1. You will indemnify, defend, and hold the Company 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) arising out of or relating to any of the following:
(i) your access to or use of the Platform;
(ii) your use of the Counselor Services;
(iii) any actions made with your account whether by you or by someone else;
(iv) your violation of any of the provisions of this Agreement;
(v) non-payment for any of the services (including Counselor Services) which were provided through the Platform;
(vi) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
8.2. In the event of any problem with the Platform or any of its content, your sole remedy shall be to cease using the Platform. Under no circumstances shall the Company, any of the Company’s licensor or supplier, or any third party who promotes the Platform or provides you with a link to the Platform be liable in any way for your use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
8.3. Under no circumstances shall the Company, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the Platform or provides you with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if the Company or any third party have been advised of the possibility of such damages.
8.4. The Company shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
8.5. The Company’s aggregate liability for damages arising with respect to the Terms and Conditions and any use of the Platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 3 (three) months period prior to the date of the claim.
8.6. You shall release and hold the Company harmless for all causes of actions and claims resulting from the Counselor Services or the Platform, such as but not limited to acts, omissions, opinions, responses, advices, suggestions, information and or service of any Counselor and/or any other content or information accessible through the Platform.
8.7. If 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.
9. Notices
The Company may notify or in other ways communicate with you regarding the Terms and Conditions or any aspects of the Platform, by posting it online or by e-mail or regular mail to the address you provided when creating your account. The date of receipt shall be the date on which such notice is given. Notices sent to the Company must be sent by email to info@online-therapy.com.
10. Data Protection
10.1. As a member of the European Union, the Company shall comply with the General Data Protection Legislation (GDPR). To get information about the Company’s processing of your personal data, please see the Company’s Privacy Policy found here »
10.2. The Company has always respected your privacy and is therefore HIPAA compliant and follows stringent data privacy rules.
10.3. With regard to security, the Company encrypts your data in transit and at rest on our servers, and all private communication with your counselor is end-to-end encrypted. The Company stores all private health information on servers with full HIPAA compliance.
10.4. The Company will provide you with its notice of any data breach in case of such breach. Further, the Company will engage a third party security firm from time to time to audit code and technology security as well as the Company’s HIPAA policies and procedures around data security.
10.5. You affirmatively consent that the Company’s oversight personnel will, as needed, review your specific session transcripts or rooms in a HIPAA approved de-identified form for the following purposes:
(i) during your on-boarding and during the process to match you with a Counselor, to ascertain your ability to successfully engage with the Counselor. This access to only de-identified information may be accomplished using the Company’s staff and not a Counselor;
(ii) to review your complaint about a particular matter/case that you report about your Counselor or about a particular language intention with your Counselor;
(iii) for your safety concerns or complaints of unethical Counselor practices;
(iv) to transfer you to a new Counselor or if your account is non-responsive or inactive for an extended period of time; or
(v) to address raised quality assurance concern(s) that may apply to an individual Counselor, a state-wide compliance issue or a national network issue.
10.6. You consent to the Company using "Meta Data" and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the Counselor Service. If your complaint requires a review of the session transcripts in the original form, you consent to an oversight personnel at the Company to access your account only to respond to your particular complaint or raised issue.
10.7. You affirmatively grant the Company permission to have your Counselor periodically provide non-content based clinical assessments of your progress to the Company. Further, you are aware of that the Company may provide the Counselors with clinical assessment tools to provide information on your mental health and well-being, and that results can be seen by your Counselor to be discussed with you.
10.8. All de-identified data, meta-data and research data collected by the Company through your use of the Platform shall remain the sole property of the Company. The Company may share some or all of the research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is non-identifiable aggregated as a statistical measure, however, not in a manner that would identify you personally. You shall not request that the Company remove or delete any of such data.
10.9. The Company is obligated to store personal data as required by law, typically for no less than seven (7) years and may not delete personal data containing medical data even upon your direct request.
11. Miscellaneous
11.1. Assignment
The Company shall be entitled to freely transfer or assign the Terms and Conditions or any of its obligations hereunder. You shall not be entitled to transfer any of your rights or obligations under the Terms and Conditions, without the prior written consent from the Company.
11.2. Waiver
An omission by the Company or you to exercise its rights and remedies under the Terms and Conditions on any occasion shall not constitute a waiver of such rights and remedies on other occasions.
11.3. Entire Agreement
These Terms and Conditions represents the entire understanding and constitutes the whole agreement between you and the Company.
11.4. Surviving clauses
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms and Conditions.
11.5. Amendments
The Company shall be entitled to change the Terms and Conditions by posting modifications on the website www.online-therapy.com. Therefore, you are encouraged to check the terms of the Terms and Conditions frequently. The last update date of this Agreement is posted at the top of the Terms. Unless otherwise specified, all modifications shall be effective upon posting. By using the Platform after the changes have become effective, you agree to be bound by such changes. Should you not agree to the changes, you must terminate access to the Platform and participation to Counselor Services.
11.6. Severability
If any provision of the Terms and Condition is held to be illegal, invalid, unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form a part of the Terms and Conditions. The validity and enforceability of the remainder of the Terms and Conditions shall, however, not be affected, provided that the remaining terms are reasonably adjusted to redress any imbalance caused by the unenforceability or invalidity of the original provision.
12. Governing Law and Disputes
12.1. These Terms and Conditions shall be governed by the substantive law of Sweden.
12.2. The courts of Sweden shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, or the breach, termination or invalidity thereof.
13. Contact us
The Platform online-therapy.com is owned and operated by CRN Solutions AB, located at Humlegatan 2B, 26338 Höganäs, Sweden.
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: info@online-therapy.com.