Terms
of Service:
One
of the great things
about the Internet
is that it dissolves
geographical
boundaries between
people. No matter
where you live, you
could choose an
e-therapist in the
U.S., Europe,
Australia, or South
America. It's
wonderful that you
can choose an
e-therapist that is
right for you,
without being
limited by distance.
But
in the unlikely
event that problems
should arise (and
after seven years,
none have, to my
knowledge), this
could be a
complication.
E-therapists
and counselors come
from many different
states and nations.
There is no
international law
governing their
work, and even in
the United States
the law differs from
state to state. In
some cases, if both
you and the
therapist are
physically located
in the same U.S.
state, state laws may
apply to your work
together. However,
in the unlikely
event that something
goes drastically
wrong, at the
present time, you
probably have little
or no legal recourse
against the
therapist.
If
something goes
wrong, the legal
system will probably
not protect you.
Therefore it is very
important that you
protect yourself.
Be certain, before
you start, that you
are working with a
responsible,
professional
psychotherapist, who
is sworn to follow a
code
of professional ethics
and who is accountable
to a credentialing
body. A
therapist who is
committed to ethical
and legal standards
in a traditional
face-to-face
practice will uphold
the same standards
in e-therapy.
If
you are interested
in the possible
future direction of
laws affecting
online psychological
work in the U.S.,
you might like to
explore some of the
links below. Laws
are now being
developed in the
U.S. that cover
medical applications
on the Internet.
Some of these laws
could affect online
interactions of
patients and
psychotherapists. As
is usually the case
with the Internet,
their effect on
international
interactions is
uncertain.
Terms
and Conditions:
This
Agreement describes
the terms and
conditions which are
applicable to your
use of this Website.
Please read these
terms and conditions
carefully before you
use our Website. If
you do not accept
these terms and
conditions, please
do not use our
services and if you
have any questions
please contact us on
our email address as
shown in clause 1.11
in Schedule 1. As we
may amend this
Agreement at any
time by posting such
amendment on the
Website, we
recommend that you
monitor these pages
from time to time.
CONTENTS
These
Conditions contain
the following
sections:
1
Eligibility for
Services
2 Approval process
and acceptance of
Conditions
3 Amendment of
Conditions
4 Our liability
5 Indemnity
6 Your obligations
and our rights
7 Payment
8 Breach and
Termination
9 Assignment,
sub-contracting and
Intellectual
Property
10 Data Protection
and Privacy
11 Confidentiality
12 No Agency and
Exclusion of third
party rights
13 Notices
14 Waiver
15 Linked Internet
Sites
16 General
Schedule
1 - Glossary of
Defined Terms
These
Conditions apply to
any use by you of
the Website. The
Glossary in Schedule
1 sets out what we
mean by each defined
term, for the
purposes of these
Conditions. When a
contract is entered
into on these
Conditions, the
parties will be:
(a)
us, The Cove, also
referred to as
"the Website
Provider",
"we" and
"us", (all
of these expressions
include any person
to whom we have
assigned our rights
under these
Conditions and,
where the context
permits, any
Affiliates of ours
or other person
acting on our
behalf); and
(b)
you, also referred
to as "the Web
User" and
"Approved
Person"
1.
Eligibility for
Services
1.1
Our Services are
eligible only to
individuals who can
form legally binding
contracts under
United States law.
Without limiting the
foregoing, our
Services are not
available to minors,
and you must be over
18 years of age to
enter into a
contract with us. If
you do not qualify,
please do not use
our Services.
1.2
In the event that we
discover you are not
eligible to enter
into a contract with
us, we shall reserve
the right to
withdraw our
Services from you.
1.3
Our Services are not
intended to replace
the services offered
to you by your GP.
We therefore
recommend that you
keep your GP
informed about the
Services you are
receiving from us.
2.
Approval Process and
acceptance of
Conditions
2.1
You have provided
information required
by us in the
approval process
through the Website,
with a view to
becoming an Approved
Person. Once you
accept these
Conditions in the
manner indicated by
the Website, your
acceptance will
constitute:-
2.1.1
an offer by you to
contract on the
terms of these
Conditions; and
2.1.2
your agreement that
data provided by you
pursuant to these
Conditions may be
used in accordance
with Condition 10
(Data Protection);
and
2.1.3
a representation by
you that no
information provided
or to be provided by
you in connection
with the approval
process or
subsequent process
will infringe any
law.
2.2
You agree that the
decision to grant
you Approved Person
status, or allow
such status to
continue in relation
to all or any part
of the Website
Services is for our
absolute discretion.
We shall be entitled
to take such time as
we require to
satisfy ourselves
(or otherwise) of
your suitability for
Approved Person
status at the outset
and may also review
the position
subsequently,
terminating your
status as Approved
Person for any
reason in our
absolute discretion.
2.3
If you become an
Approved Person, we
shall send you an
email setting out
the various
appointment dates
available for you.
2.4
Once an appointment
date has been
scheduled for you to
receive Services,
should the
psychologist
allocated to you
need to cancel your
appointment, we
shall either:
2.4.1
automatically
re-allocate your
appointment with
your psychologist
using your original
credit card payment;
or
2.4.2
at your request,
cancel your
appointment in which
case you shall
receive a full
refund.
3.
Amendment of
Conditions
3.1
The conditions may
be amended by us at
any time by posting
the amended
Conditions on the
Website. The amended
Conditions will be
effective upon the
effective date
indicated in them.
We therefore
recommend that you
monitor the
conditions from time
to time.
3.2
We may add or delete
any part or all of
the Website Services
at our discretion at
any time.
3.3
We shall be entitled
to monitor the
Website as often as,
and in such manner
as, we see fit. We
shall further be
entitled to suspend
the operation of the
Website, or any of
the Website
Services,
temporarily or
permanently, for any
reason whatsoever.
3.4
The Conditions will
not be modified
except in accordance
with Condition 3.1
or 3.2.
4. Our Liability
4.1
The following
provisions set out
our entire liability
and your attention
is in particular
drawn to the
provisions of this
clause.
4.2
We shall attempt to
ensure that the
information
available on the
Website at any one
time is truthful and
accurate.
4.3
Notwithstanding any
other provision of
the Conditions, we
shall have no
liability to any
person in respect of
any loss, damage,
costs, claims and
proceedings and
expenses (including
without limitation,
legal expenses)
whatsoever awarded
against or incurred
or paid by you in
connection with:-
4.3.1
either a failure by
you to provide
information or false
information being
provided by you
during any approval
procedure or
Assessment procedure
regarding (but not
limited to) your
psychiatric history,
suicidal ideation or
self-harming
behavior;
4.3.2
the Website, or any
part of it, being or
becoming unavailable
to persons generally
or any category of
them or any delay
arising in the
communication of
information from the
Website;
4.3.3
the Website, or any
part of it,
containing false,
misleading or
illegal information
or material which is
obscene, defamatory,
threatening,
infringes any
Intellectual
Property or other
right of others
and/or damages any
hardware or
software;
4.3.4
any virus, bug or
other interference
or access to the
Website and/or any
System (or any
information
technology system
linked to it) by
unauthorized persons
(howsoever arising,
including by virtue
of our negligence)
preventing or
affecting the
operation of all or
any part of the
Website or the
security
arrangements in
connection with the
Website or the
failure to correct
any defect in
connection with the
Website;
4.3.5
any person accessing
any information
including (without
limitation)
financial, banking
and other payment
details of any Web
User PROVIDED THAT
the Website Provider
shall take
reasonable steps to
have in place
security
arrangements so as
to prevent such
access.
4.4
Subject to the other
provisions of this
Condition 4, our
aggregate liability
to any Web User in
respect of loss of
or damage to any
property, real or
personal whether
such liability
arises in contract
or in tort
(including
negligence or
otherwise) shall not
exceed the aggregate
of all sums paid by
such Web User under
these Conditions in
the twelve (12)
months preceding
such liability
arising.
4.5
In no circumstances
shall we, our
employees, our
agents or any other
person acting on our
behalf be liable for
any direct,
incidental or
consequential loss.
4.6
Without prejudice to
the generality of
the foregoing
provisions, the
Website Services are
provided without
warranty of any
kind, either express
or implied,
including (without
limitation) any
warranty as to the
information supplied
or any decisions
made through using
the Services.
5.
Indemnity
5.1
You will indemnify,
defend, and hold us
and/or Affiliates,
employees,
independent
contractors,
officers, directors,
agents, successors
and assigns harmless
from and against any
suits, losses,
claims, demands,
liabilities, costs
and expenses
(including legal and
accounting fees)
("a
Claim") arising
out of or relating
to any claim or
action based upon a
breach of these
Conditions by you.
5.2
We shall:
(a)
provide you with
prompt written
notice of any Claim;
(b)
permit you to
control the defense
and settlement of
any Claim but only
if you meet the
costs in full of any
such defense or
settlement; and
(c)
not enter into any
settlement or
compromise of any
Claim without your
prior consent.
6.
Your obligations and
rights
6.1
You shall be
responsible for
complying with all
laws in the United
States.
6.2
You shall:
6.2.1
not use any device,
software or routine
to knowingly or
intentionally
interfere with the
proper working of
the Website or the
Website Services or
cause any virus, bug
or other
interference to be
introduced into the
Website or any
System;
6.2.2
ensure that no
information provided
on your behalf is
obscene, defamatory
or threatening or
breaches any
Intellectual
Property or other
rights of others
and/or damages any
of our hardware or
software or any
hardware or software
of third parties;
and
6.2.3
not knowingly or
intentionally
undertake any action
which either
disrupts the Website
or imposes an
unreasonable or
disproportionately
large load on the
Website's
infrastructure.
6.3
You will meet all
costs incurred by
you in connection
with your use of the
Website Services.
6.4
To receive Services
you must provide us
with complete and
accurate information
during the
Assessment and
approval procedure.
7.
Payment
7.1
In return for the
Services, you will
pay the agreed upon
fee for each
session/
Consultation/Enquiry.
7.2
Payment is to be
made by credit card
on the day that you
book an appointment
with the
psychologist
allocated to you. We
shall then send you
an email setting out
the exact time for
your appointment.
7.3
You agree to pay the
applicable fee (as
set out in 7.1
above), even in the
event that you wish
to cancel the
Services, unless 48
hours notice of
cancellation before
the date of your
appointment is
given. If you give
us 24 hours notice
of cancellation, we
shall refund you 50%
of the fee.
8. Breach and
Termination
8.1
Either of us can
terminate this
Agreement or the
provision or receipt
of Services by
giving 48 hours
notice in writing.
In the event that
this Agreement is
terminated, you must
pay us all the
charges outstanding
at the time of
termination.
8.2
Should you give us
any false
information either
during the approval
process, during the
Assessment or
thereafter, we shall
treat your contract
with us as null and
void.
8.3
Without prejudice to
any other remedies
which may exist, if
you fail to comply
with any of the
Conditions, we shall
be entitled to treat
the contract then in
existence in
relation to Web
Services as
discharged by such
breach, immediately
following notice
from us.
9. Assignment,
Sub-Contracting and
Intellectual
Property
9.1
You shall not assign
or transfer or
purport to assign or
transfer to any
other person any
rights under these
Conditions, without
our approval in
writing.
9.2
We shall be entitled
to assign rights
under these
Conditions without
your prior approval
and may sub-let the
whole or any part of
our obligations
under these
Conditions without
any such approval.
9.3
You acknowledge that
(other than in
respect of
information provided
by you) the
Intellectual
Property Rights in
and to the Website
and any rights to
information,
documentation,
images and other
material of
whatsoever nature
displayed on the
Website are our
absolute property
and/or the property
of third parties
contracting with us
and you shall assert
no right, title or
interest in or to
any such matter.
9.4
This Website is for
personal and non
commercial use. You
may not modify,
copy, distribute,
transmit, display,
perform, reproduce,
publish, license,
create derivative
works from, transfer
or sell any
information obtained
from the Website.
You may only
download to your
personal computer
for viewing purposes
and print out a
number of pages of
this Website for
your personal use.
9.5
The provisions of
this Condition 9
shall survive expiry
or termination
howsoever arising.
10.
Data Protection and
Privacy
10.1
We shall take
reasonable steps to
protect the
information
collected from you
and other Web Users
and use such
information only for
the purpose for
which it was
provided. Please
note that the
registration of your
personal information
on the Website is
your consent to the
use of that
information as set
out in this
Agreement.
10.2
For the purpose
stated in Clause
10.1, the
information may be
stored and
processed. We
declare that in
accordance with
clause 11, all such
information will be
treated
confidentially. On
request by you, by a
Court of law or any
other body entitled
thereto by law, we
will supply
information on your
stored data and
correct, delete or
prevent the further
use of the data
held.
10.3
The parties to this
Agreement undertake
to one another,
where applicable:
10.3.1
to comply at all
times with the Data
Protection Acts;
10.3.2
to obtain and/or
maintain all
necessary
registrations and/or
notifications
required by the Data
Protection Acts; and
10.3.3
not to do or permit
anything to be done
which may cause the
other to be in
breach of the Data
Protection Acts
including, without
limitation, the
improper collection,
use, disclosure or
loss of data held on
any computer or
other equipment or
held by way of
manual or other
non-computerized
systems and any kind
of improper use,
disclosure or abuse
of computer
passwords.
10.4
We are committed to
protecting your
privacy but we
cannot guarantee the
security of
information
disclosed by you
online since the
internet is not a
secure medium, and
you must assume the
entire risk for
using the Website.
Please therefore be
careful and
responsible when
maintaining the
secrecy of any
password and/or
account information
online.
10.5
In the event that
the Website Provide
is sold or
integrated into
another business,
your details may be
disclosed to our
prospective
purchaser's advisers
and subsequently to
the new owners only
for the purposes of
maintaining the
supply of Services.
11.
Confidentiality
11.1
Subject to clause
11.2, the parties
agree to keep
confidential any and
all information
concerning each
other whether
disclosed in
writing, verbally or
in relation to the
matters provided for
in these Conditions
("the
Information").
The parties further
agree in particular
not to disclose all
or any part of that
Information to any
third party (except
as may be required
by mandatory rule of
law or order of
court of competent
jurisdiction or as
required for
performance of their
obligations under
these Conditions).
11.2
In the event that we
consider that there
is a threat to your
or a third party's
safety during the
provision of the
Services, we reserve
the right to contact
your GP and disclose
such Information to
the GP as we deem
necessary in order
to protect your or a
third party's
safety.
11.3
For the purposes of
this clause 11 the
parties each agree
that the Information
shall not include:
11.3.1
information which is
or becomes available
in the public domain
(on the Web site or
otherwise);
11.3.2
information which
the recipient can
establish was at its
free disposal prior
to its receipt under
or in connection
with this Agreement;
or
11.3.3
information at any
time received from
the recipient from
third party not
apparently bound
(after enquiry) by
any obligation of
confidence.
12.
No Agency and
Exclusion of
Contracts (Rights of
Third Parties) Act
12.1
We and you are each
independent
contractors and no
agency, partnership,
joint venture,
employer-employee or
franchiser-franchisee
relationship is
intended or created
by these Conditions.
12.2
A person who is not
party to the
contract entered
into on the terms of
these Conditions is
not intended to have
enforceable rights
under such contract.
13.
Notices
13.1
Any notices to be
sent to either party
shall be sent by
email to:
13.1.1
us at the email
address given in the
definition of
"Website
Provider" in
Schedule 1; and
13.1.2
you at the email
address specified in
our records for you
for the time being.
13.2
Notice sent by email
shall be deemed to
be received twenty
four (24) hours
after sending unless
the sender has by
then received
notification that
the email was not
received in
circumstances where
the sender's
information systems
generally issue such
notifications and
were fully
operational for all
material purposes at
the relevant time.
14.
Waiver
14.1
No indulgence shown
by either party to
the other shall
prevent that party
subsequently
insisting upon its
rights and remedies
under these
Conditions.
15.
Linked Internet
Sites
15.1
The Website may
contain links to
other sites. Please
be aware that if you
follow these links,
other sites may have
different terms and
conditions.
15.2
We are not
responsible for the
content or services
available on any
other internet site
linked to or
accessed via this
Website or for the
terms and conditions
of these sites.
16
General
16.1
These Conditions
shall be construed
and governed in all
respects in
accordance with the
laws of The
United States and
any dispute or
differences in
relation to these
Conditions shall be
subject to the
exclusive
jurisdiction of the
United States
Courts.
16.2
Any reference in
these Conditions to
a statute or
provision of a
statute shall be
construed as a
reference to that
statute or provision
as amended,
re-enacted or
extended from time
to time.
16.3
The headings in the
Conditions are for
convenience only and
shall not affect
their
interpretation.
16.4
Where the context so
admits, words
importing a singular
number only shall
include the plural
and vice versa, and
words importing one
gender shall include
the other genders.
16.5
If any provision of
these Conditions is
held to be invalid,
void and/or
unenforceable, such
provision or part
shall not affect,
and shall be deemed
to be severed from,
the remainder of
these Conditions to
the extent that the
remainder shall be
or continue to be
fully valid and
enforceable.
16.6
These Conditions
constitute the
entire agreement
between the parties
with respect to the
subject matter
covered by them and
supersede and
extinguish any
representations and
understandings
previously given or
made other than
those set out in
these Conditions.
SCHEDULE
1
1.
In these Conditions,
the following
expressions shall
have the following
meanings:
1.1
"Affiliate"
means in relation to
either party, a
person (as defined
at paragraph 2.1
below) which
controls or is
controlled by or
which is controlled
by an entity which
controls such party;
1.2
"Approved
Person" means a
person who has
completed the
Website's approval
procedure, including
an Assessment, and
has been approved by
us for the purpose
of receiving
Services.
1.3
"Assessment"
means an initial
assessment of the
Web User by the
Website Provider to
see if they obtain
an Approved Person
status.
1.4
"Conditions"
means these general
conditions for the
provision of
Services.
1.5
"Data
Protection
Acts" means
legislation intended
to protect data
relating to
individuals and
their privacy.
1.6
"GP" means
the person you have
named as being your
current doctor
during the approval
process.
1.7
"Intellectual
Property
Rights" means
patents, registered
designs, trademarks,
utility models
(whether registered
or unregistered),
applications for any
of the foregoing and
the right to apply
therefore in any
part of the world;
copyrights, design
rights, data based
rights, topography
rights, know-how;
all other similar
equivalent rights
arising or
subsisting in any
country of the world
in relation to the
Website or any part
of it.
1.8
"Services"
means the provision
of therapy on the
Website.
1.9
"System"
means the
information systems
through which a Web
User connects to the
Website.
1.10
"Website"
means the site
reference http://thecovecounselingcenter.faithweb.com
on the worldwide web
and, where the
context permits,
shall include any
Web Site linked to
the http://thecovecounselingcenter.faithweb.com
Web Site.
1.11
"Website
Provider" means
The Cove, a Utah
state licensed
company
1.12
"Website
Services" means
any services which
may be supplied
according to these
Conditions.
1.13
"Web User"
means any person
entering the
Website.
2.
Reference in the
Conditions to:
2.1
the word
"person"
or
"persons"
or to words
importing persons
include, without
limitation
individuals,
partnerships,
corporations,
government agencies,
committees,
departments,
authorities and
other bodies,
corporate or
unincorporated,
whether having
distinct legal
personality or not;
2.2
any agreement or
instrument shall
include such
agreement or
instrument as it may
from time to time be
amended,
supplemented or
substituted;
2.3
an
"agreement"
also includes a
concession,
contract, deed,
franchise, license,
treaty or
undertaking (in each
case) whether oral
or written;
2.4
"law"
includes common or
customary law and
any constitution,
decree, judgment,
legislation, order,
ordinance,
regulation, statute,
treaty or other
legislative measure
in any jurisdiction
or any present or
future directive,
regulation, request
or requirement (in
each case) whether
or not having the
force of law, but,
if not having the
force of law, the
compliance with
which is in
accordance with the
general practice of
persons to whom the
directive,
regulation, request
or requirement is
addressed.
