ePsychotherapist's terms and conditions

These Conditions apply to your use of this Website. Please read them carefully before you use our Website. If you do not accept these Conditions, you cannot 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 any use by you of the website and/or our services. 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,ePsychotherapy 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 Web User” and “Registered User”

 

  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 provision of Services

“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

“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

“Registered User” means any person accepted by us to use the Services

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

“Services” means the provision of the Directory, the Gallery and the Typology Test on the Website and includes the facility for arranging Epsychotherapy and In-Office Consultations with 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. Our Services are offered only to individuals who can form legally binding contracts under English Law. This means, for example, that our Services are not available to anyone under the age of 18.
    2. If we discover that you are not eligible to enter into a contract with us, we may withdraw our Services from you without notice.
    3. ePsychotherapy is not intended to replace the services offered to you by your GP (General Practitioner) or other health professionals.
    4. ePsychotherapy is not intended to replace face-to-face psychotherapy. Registered Users requiring psychotherapy should arrange for an In-Office Consultation.
    5. If you have a history of mental illness or suffer from symptoms that may indicate a mental illness and/or are having serious thoughts about taking your own life, these Services may not be suitable for you. If that is the case, you should not use them. Please contact us on info@epsychotherapist.org before registering if you have any queries in this regard.
  1. Registration process and acceptance of Conditions
    1. You have provided information required by us to register you as a Registered User. Once you accept these Conditions you agree that information provided by you may be used in accordance with Condition 11 below (data protection).
    2. You agree that the decision to register you as a Registered User, or to allow such status to continue in relation to any or all of the Services, is in our complete discretion.
    3. When you are accepted as a Registered User, we shall send you an email confirming your membership login details. You may then use the Services.
  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. We may add to or delete any part or all of the Services at our discretion at any time and without prior notice
    3. 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 the Services, temporarily or permanently, for any reason whatsoever.
    4. The Conditions shall not be modified except in accordance with Condition 5.1
  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. In particular, we shall verify, at the time of application for entry in the Directory, and annually at the time of renewal, that the Therapist has a current valid registration with UKCP (United Kingdom Council for Psychotherapy) or other relevant regulatory authority. We rely on UKCP (or other relevant regulatory authority) to ensure that therapists registered with them are fit to practice. We make no warranty or representation as to the competency of the Therapists.
    3. We make no representations as to the accuracy of the information in the Directory that has been provided by the Therapists about themselves. We accept no liability for false or misleading information provided by them.
    4. We make no representations as to the availability of any of the Therapists in our Directory.
    5. Services are provided directly to you by the Therapists. We therefore accept no responsibility for any delay or failure in the provision of those Services.
    6. 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; or
      3. any delay arising in the communication of information from the Website and/or with respect to the Services or Epsychotherapy; or
      4. the Website containing false, misleading or illegal information or material that is obscene, defamatory or threatening; or
      5. any infringement of any intellectual property right or other right of others; or
      6. use of the Website damaging any hardware or software;
      7. 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
      8. the failure to correct any defect in connection with the Website; or
      9. any person accessing any information including financial, payment details and personal information
    7. Subject to any other provisions in this Condition 6, our total liability to any Web User 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 the Web Provider by the Web User under these Conditions in the 12 months preceding such liability arising.
    8. In no circumstances shall we be liable for any direct, incidental or consequential loss.
    9. Without prejudice to the generality of the provisions above, the Services are provided without warranty of any kind, either express or implied, including any warranty as to the information and/or advice supplied by any Therapist.
  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:
      1. not use any device, software or routine that interferes with the proper working of the Website or its Services, 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;
    3. You will meet all costs incurred by you in connection with your use of the Services.
    4. You will provide us with complete and accurate information when registering to use the Services and/or Epsychotherapy that you wish to access. Minimum requirements are detailed on the Website and may also be checked by clicking here.
    5. You are responsible for ensuring that your computer meets the minimum hardware and software requirements for the Services
  1. Payment
    1. All ePsychotherapy services are arranged directly with the Therapist. We are not a party to any such arrangement.
    2. You are responsible for ensuring that any Therapist with whom you contract either for ePsychotherapy or In-Office Consultations receives payment. You may use Paypal to do this, in which case your payment will go through ePsychotherapy Ltd. We will act only as agent of the Therapist. The Paypal facility, although offered through the Website, is independent of us. We therefore accept no responsibility for it.
    3. All ePsychotherapy and In-office Consultations must be paid for in advance
    4. Fees for ePsychotherapy and In-Office Consultations are not normally refundable unless the provision of those services has been cancelled by the Therapist.
    5. In the event that a Skype Video Consultation cannot proceed due to technical difficulties, the fee will be refunded in full if the fault is with the Therapist's equipment. In the event of a dispute, the Therapist's equipment will be deemed to be in good working order if the Therapist is able to demonstrate it to the Website Provider.
  1. Breach and termination
    1. Either party may terminate this Agreement without notice.
    2. We shall be entitled to assign rights and obligations under these Conditions without your prior approval.
    3. This Website is for personal and non commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information obtained from the Website.
    4. The provisions of this Condition 10 shall continue after expiry or termination.
  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. We are committed to protecting your privacy but cannot guarantee the security of information disclosed by you online, since the internet is not a secure medium. You therefore access the Website entirely at your own risk.
    7. 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 supply of Services.
  1. Confidentiality
    1. All Epsychotherapy and In-Office Consultations are confidential between you and the Therapist. The Therapist will be bound by the Codes of Ethics of their regulatory authority and professional organisations. We will not be privy to your Epsychotherapy or In-Office Consultations and therefore accept no responsibility whatsoever for these services.
    2. We shall not disclose any information about you to any third party other than in accordance with these Conditions (except as may be mandatory by rule of law or Court or as required for the provision of our Services).
  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 to you by the Therapist, so we are not party to those services. Any complaints should therefore be taken up with UKCP (or other relevant regulatory authority) and/or the Therapist's member organisation.
    2. We are committed to providing a Directory of reliable and professional Therapists. If, therefore, you have made a complaint to UKCP (or other relevant regulatory authority) against any of the Therapists listed in the Directory, please notify us.
    3. We are only able to investigate complaints insofar as they relate to the Services.
  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.
 
© Copyright ePsychotherapist 2008