Terms and Conditions
Last updated 07.10.2024
1. The Terms and Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which therapy may be provided (collectively the "Platform"). This website is owned and operated by Expat Therapy Hub PLC (support@expattherapyhub.com).
The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including the website Expat Therapy Hub.
By accessing or using the Platform, you are entering into this Agreement. 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, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AS DETAILED IN SECTION 7.
2. The Therapists and Therapist Services
The Platform may be used to connect you with a Therapist who will provide services to you through an appropriate communications platform such as Zoom ("Therapist Services").
For non-U.K. based Therapists
We require every therapist providing Therapist Services on the Platform to be a trained and experienced counsellor, psychologist, or therapist. Therapists must have a relevant academic qualifications in their field, at least 3 years of experience, at least 1,000 hours of hands-on experience and have to be qualified and credentialed by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
For the avoidance of doubt, therapists are referred to on this site and related apps/sites by their title and European, Asia, non-U.K. or Australian credentials, whichever is applicable.
For all Therapists
The Therapists are independent providers who are neither our employees nor agents nor representatives. The Platform's role is limited to connecting you to the Therapist Services. It is your responsibility to assess a Therapist when you first meet them and to satisfy yourself that they are suitable for you. The Therapists themselves are responsible for the performance of the Therapist Services. If you feel the Therapist Services provided by the Therapist do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform. While we have a varied database of Therapists, you should note that because of licencing requirements that differ from jurisdiction to jurisdiction, not all Therapists available on our hub will be available for you to match with, or at any particular time, or for any set period of time. If a Therapist you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Therapist is no longer on the Platform and that you have the opportunity to engage with a new Therapist.
While we hope the Therapist Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services, such as active withdrawal from certain substances or anorexia nervosa.
All our therapists are self-employed and act as contractors. We have taken reasonable measures to check their credentials but cannot be held responsible if we have been supplied with falsified accreditation or insurance documentation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES (click here for a link to emergency and crisis resources in your area). THE PLATFORM IS NOT DESIGNATED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF ANY CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION, AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS APPLICATIONS OR EMPLOYMENT. IT IS ALSO NOT INTENDED FOR A SITUATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED BY ANY THERAPIST UNDER ANY OF THESE CIRCUMSTANCES.
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.
3. Privacy and Security
Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at Expat therapy hub/privacy policy (The 'Privacy Policy').
BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.
4. Intellectual Property
The content of the Platform and the website ("Expat Therapy Hub Intellectual Property") and all rights, title, and interest, including all related intellectual property rights therein are owned by the Company. This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any intellectual property rights owned by Expat Therapy Hub.
"Expat Therapy Hub", "ExpatTherapyHub.com", and all related names, logos, product and service names, designs, and slogans ("Expat Therapy Hub Marks") are trademarks of the Company or its affiliates or licensors. You must not use Expat Therapy Hub Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform and the website are the trademarks of their respective owners.
Subject to your compliance with these Terms and Conditions, Expat Therapy Hub grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company and its licensors.
5. Third Party Content
The Platform may 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 which are related to Third Party Content. We have no responsibility 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.
6. Disclaimer of Warranty and Limitation of Liability
WE ARE NOT RESPONSIBLE FOR ANY ADVICE GIVEN OR ANY OTHER ACTIONS OR INACTION OF OUR THERAPISTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACON AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST 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 EXPRESS OR IMPLIED.
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.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF ANY CLAIM YOU MAY MAKE.
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.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
7. Arbitration
THIS SECTION 7 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one arbitrator.
The language of the arbitration shall be English.
This contract is governed by the laws of Singapore.
8. Your Subscription
We offer one subscription with billing that can occur monthly or annually. This subscription will continue and automatically renew until you cancel your membership. By choosing ETH Membership Service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation.
You can cancel the subscription to the service at any time for any reason. Your membership must be cancelled before it renews in order to avoid payment for the next billing cycle.
We reserve the right to change our subscription or adjust prices of our services. Any changes to your membership services will only take effect following prior notice to you by email.
9. Your Account, Representations, Conduct and Commitments
You hereby confirm that you are legally able to consent to receive Therapist Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Therapist Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Therapist Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Therapist Services remains valid until membership is cancelled.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
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 unauthorized 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 is 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 other than yourself whether authorised by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Therapist Services, are for your own personal use only and that you are not using the Platform or the Therapist 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 unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of any 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 national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapists and us.
If you receive any file from us or from a Therapist, 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 will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, investigation, litigation and reasonable lawyer’s fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Therapist Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized 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 on a timely basis and according to the fee schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your account information.
10. Modifications, Termination, Interruption and Disruptions to the Platform
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 100% reliable and accessible 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.
11. Notices
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record for you, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@expattherapyhub.com
12. Important Notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Republic of Singapore excluding any rules governing choice of laws.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.