ePsychotherapist's terms and conditions

This Agreement describes the terms and conditions that 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.

Contents

These Conditions contain the following sections:
1.         Parties           
2.         Glossary of Defined Terms
3.         Eligibility for Services
4.         Registration process and acceptance of Conditions
5.         Amendment of Conditions
6.         Our Liability
7.         Indemnity
8.         Your obligations and rights
9.         Payment
10.       Breach and termination
11.       Data protection and privacy
12.       Confidentiality
13.       Notices and communication
14.       Linked internet sites
15.       Complaints
16.       General

 

  1. Parties

These Conditions apply to the listing of you as a Therapist in the Directory on our Website and to the provision of any Services by you through the Website. The Glossary of Defined Terms (below) sets out what we mean by each defined term (usually words beginning with a capital letter). When a contract is entered into on these Conditions, the parties will be:

  1. Us, ePsychotherapist Ltd, also referred to as “the Website provider”, “us” and “we” (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

  2. you, also referred to as “the Therapist ”

 

  1. Glossary of Defined Terms

In these Conditions, the following expressions have the following meanings:

“Affiliate” means, in relation to either party, a person which controls or is controlled by an entity which controls such party

“Conditions” means these general conditions for the listing of you as a Therapist and the provision of Services by you

“Directory” means the list of Therapists offering their services through the Website.

“Dream Interpretation” means the service provided by a Therapist of interpreting dreams

“Epsychotherapy” means the services provided by a Therapist over the internet, including Dream Interpretation and Skype Video Consultations

“Facilities” means those features offered to the Registered User through the Website including the Directory, Dream Interpretation, Skype Video Consultations, the Typology Test, the Gallery and Paypal

“Fee” means the annual sum payable for listing in the Directory

“Gallery” means the exhibition of pictures and images on the Website

“In-Office Consultation” means a 50 minute face-to-face consultation at the offices of a Therapist

“Listing” means a Therapist's entry in the Directory and includes information on the domain provided by ePsychotherapist Ltd

“Member Organisation” means the professional body to which the Therapist belongs (e.g. GAPS)

“Registered User” means any person accepted by us to use all the Facilities offered through the Website

“Regulatory Authority” means a recognised body that registers Therapists and is responsible for their regulation (e.g. UKCP, BACP)

“Services” means the provision of Epsychotherapy and In-Office Consultations by Therapists.

“Skype Video Consultation” means a 50 minute consultation with a Therapist via a web cam and broadband connection

“System” means the information systems through which a Web User connects to the Website

“Therapist” means a therapist listed in our Directory

“Typology Test” means the personality type test that can be accessed via the Website

“Website” means the site reference www.epsychotherapist .org

“Website Provider” means the entity or person owning the Website

“Web User” means any person entering the Website

 

  1. Eligibility for Services
    1. Only Therapists who are fully qualified, who are members of a Regulatory Authority and who have adequate indemnity insurance are eligible to be listed in our Directory.
    2. If we discover that you are not eligible to enter into a contract with us, we may withdraw your Listing from you without notice.
  1. Registration process and acceptance of Conditions
    1. When you apply to be listed in the Directory we shall check your registration with your Regulatory Authority.
    2. You have provided information required by us to register you as a Therapist. Once you accept these Conditions you agree that information provided by you may be used in accordance with Condition [11] below (data protection).
    3. You agree that the decision to list you as a Therapist, or to allow such status to continue in relation to any or all of the Services, is in our complete discretion.
    4. When you are accepted as a Therapist, we shall send you an email confirming your listing details and providing you with your domain name and email account. You may then log on to your profile page and upload your personal details to become listed on the site.
  1. Amendment of Conditions
    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 from the date indicated in them. We therefore recommend that you check the Conditions from time to time.
    2. If we discover that you are not eligible to enter into a contract with us, we may withdraw your Listing from you without notice.
    3. We may add to, amend, or delete any of the Facilities at our discretion at any time and without prior notice. In the event that your Listing becomes unavailable for a period greater than 2 weeks through no fault of your own, Epsychotherapist will reimburse you on a pro rata basis.
    4. We shall be entitled to monitor the Website as often as, and in such manner as we see fit. We shall also be entitled to suspend the operation of the Website, or any of its Facilities, temporarily or permanently, for any reason whatsoever.
    5. The Conditions shall not be modified except in accordance with Condition [5.1]
  1. The Listing
    1. When you are accepted for listing in our Directory and we have received your Fee, we will:
      1. list you in the Directory using the information with which you have provided us;
      2. provide you with your own personal domain name
      3. provide you with a personal email account
  1. Our liability
    1. The following provisions set out our entire liability.
    2. We shall attempt to ensure that the information available on the Website is truthful and accurate.
    3. Services are provided directly by you to the Registered User. We therefore accept no responsibility for any delay or failure with respect to those Services.
    4. We shall have no liability to any persons (including you) for any loss, damage, costs, claims, proceedings and/or expenses (including legal expenses) whatsoever in connection with:-
      1. either a failure by you to provide accurate or complete information when you register or at any other time; or
      2. the Website, or any part of it, being or becoming unavailable (other than to the extent set out in section [ ] above); or
      3. any delay arising in the communication of information from the Website and/or with respect to the Services or Epsychotherapy; or
      4. any infringement of any intellectual property right or other right of others; or
      5. use of the Website damaging any hardware or software;
      6. any virus or bug or other interference or access to the Website and/or any System (or any information technology system linked to it) by unauthorised person (however it may arise) preventing or affecting the operation of all or any part of the Website or the security arrangements in connection with the Website; or
      7. the failure to correct any defect in connection with the Website; or
      8. any person accessing any information including financial, payment details and personal information
    5. Subject to any other provisions in this Condition [7], our total liability to you in respect of loss or damage to any property, real or personal, whether such liability arises in contract or in tort (including negligence) shall not exceed the total of all sums paid to us by you under these Conditions in the 12 months preceding such liability arising.
    6. In no circumstances shall we be liable for any direct, incidental or consequential loss.
    7. Without prejudice to the generality of the provisions above, the Facilities are provided without warranty of any kind, either express or implied.
  1. Indemnity

    1. You will indemnify us against any losses (including costs) arising out of or relating to any breach of these Conditions by you.

  1. Your obligations and rights
    1. You are responsible for complying with all laws in England and Wales that are relevant to these Conditions, wherever you reside.
    2. You shall ensure that you have sufficient competency to practice in any areas for which you advertise in the Directory (e.g. if you offer Epsychotherapy, you are responsible for ensuring that you are competent to deal with any boundary and transference issues that may arise).
    3. You shall abide at all times with the Codes of Ethics of your Member Organisation and Regulatory Authority.
    4. You shall ensure that you have adequate supervision for any Services you offer.
    5. If you are offering In-Office Consultations, you will ensure that all consultations take place in suitable accommodation.
    6. You will not do anything that may bring ePsychotherapist Ltd or the Website into disrepute.
    7. You will not link your domain to any website containing illegal, obscene, false or otherwise inappropriate material.
    8. You will not make any misrepresentations in your Listing or allow any other therapist or service to be advertised through it.
    9. You will not use the Listing or the email address provided by us for any purpose inconsistent with the aims and purposes of the Website. In particular, you will not allow any material that is false, misleading or illegal, or material that is obscene, defamatory or threatening to appear on your domain.
    10. You will abide by all time-limits and other terms for the provision of Services as set out on the Website at the time of entering into the contract with the Registered User (e.g. the time limit for return of a Dream Interpretation, the word count and any arrangement for subsequent email correspondence)
    11. You shall not offer any Service unless you have the resources and facilities to do so. In particular, you will not offer Skype Video Consultations unless you are sure that you are able to deliver the service.
    12. You may not modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information obtained from the Website, including after expiry or termination of this contract.
    13. You shall:
      1. not use any device, software or routine that interferes with the proper working of the Website or its Facilities, or cause any virus, bug or other interference to be introduced into the Website or any System;
      2. ensure that no material provided by you is obscene or breaches any intellectual property or other rights and/ or damages our hardware or software or any hardware or software of third parties;
    14. You will meet all costs incurred by you in connection with your Listing and your provision of the Services.
    15. You will provide us with complete and accurate information when applying for registration as a Therapist.
    16. You are responsible for ensuring that your computer meets the minimum hardware and software requirements for any Services that you offer.
  1. Payment
    1. All Epsychotherapy services are arranged directly between the Registered User and the Therapist. We are not a party to any such arrangement.
    2. Registered Users are responsible for ensuring that any Therapist with whom they contract either for Epsychotherapy or In-Office Consultations receives payment. They may use Paypal to do this, in which case your payment will go through ePsychotherapist Ltd. We will act only as your agent. The Paypal facility, although offered through the Website, is independent of us. We therefore accept no responsibility for it.
    3. You will abide by the payment terms set out in the current terms and conditions for Registered Users as appears on the Website.
    4. In the event that a Skype Video Consultation cannot proceed due to technical difficulties, you will refund the fee in full if the fault is with the your equipment. In the event of a dispute, your equipment will be deemed to be in good working order if you are able to demonstrate it to the Website Provider.
  1. Breach and termination
    1. The Contract will last for a period of 12 months, save for the circumstances set out in sections 3.2 and 5.3 above.
    2. We shall be entitled to assign rights and obligations under these Conditions without your prior approval, including after expiry or termination of this contract.
  1. Data Protection and Privacy
    1. We shall take reasonable steps to protect the information obtained from you.
    2. The information may be stored and processed. All such information shall be treated confidentially.
    3. On request by you, a Court of law or any other body entitled by law, we will supply information on your stored data and correct, delete or prevent the further use of the data held.
    4. Both parties agree not to do or permit anything to be done that would cause the other to be in breach of any data protection legislation, including the improper collection, use or disclosure of data or any kind of improper use, disclosure or abuse of passwords.
    5. You agree not to disclose the details of any Therapist listed in the directory without that Therapist's express consent.
    6. In the event that the Website is sold or integrated into another business, your details may be disclosed to our prospective purchasers and their advisers, but only for the purpose of maintaining the provision of the Facilities.
  1. Confidentiality
    1. You will be bound by the Codes of Ethics of your regulatory authority and professional organisation.
    2. We will not disclose any information about you to any third party other than for the purpose of your Listing (except as may be mandatory by rule of law or Court or as required for the provision of our Facilities).
  1. Notices and communication
    1. Any notices or communications shall be sent by email to:
      1. us at the email address given in the definition of Website Provider above
      2. you at the email address specified in our records for you
  1. Linked Internet Sites
    1. The Website may contain links to other sites. We make no warranty or representations about those websites and are not responsible for the content or services available on any other website.
  1. Complaints
    1. All Epsychotherapy and In-Office Consultations are provided directly by you to the Registered User, so we are not party to those services. We cannot, therefore, investigate any breach of Codes of Ethics. Any complaints by Registered Users should therefore be referred to the relevant Regulatory Authority and/or your Member Organisation.
    2. We are committed to providing a Directory of reliable and professional Therapists. If, therefore, any Registered User makes a complaint against you in connection with the Services to your Regulatory Authority, please notify us.
    3. We are only able to investigate complaints insofar as they relate to the provision of the Services. (e.g. if Dream Interpretation is returned outside the time limits set out in the Website). If, on investigation by us, a complaint is upheld, we may require you to refund payment for the Service to the Registered User and may terminate your listing on the Website.
  1. General
    1. These Conditions shall be construed and governed in all respects in accordance with the laws of England and Wales . Any dispute or difference in relation to these Conditions shall be subject to the exclusive jurisdiction of the English Courts.
    2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
    3. Where the context allows, words using a singular number shall include the plural, and vice versa. Words implying one gender shall include the other.
    4. If any provision of these Conditions is held to be invalid, void, and/or unenforceable, such provision shall not affect the remainder of these Conditions. Any such provision shall be severed from the Conditions and the remainder shall continue to be fully enforceable.
    5. These Conditions constitute the entire agreement between the parties. They extinguish any representations and understandings given or made other than set out in these Conditions.
    6. Reference in these Conditions to “person” includes individuals partnerships, corporations, government agencies, authorities and other bodies, corporate or not, whether having distinct legal personality or not.
 
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