User Terms of Use - feelya

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TERMS OF USE FOR USERS OF THE FEELYA SITE

Updated 31 July 2018

TABLE OF CONTENTS

  1. These terms 
  2. Information about us and how to contact us 
  3. Our contract with you 
  4. Our Services 
  5. Provision of the consultation 
  6. Your rights to make changes 
  7. Our rights to make changes 
  8. Providing the Services 
  9. Your rights to cancel 
  10. How to cancel 
  11. Our rights to cancel 
  12. Price and payment 
  13. Our responsibility for loss or damage suffered by you 
  14. How we may use your personal information 
  15. Other important terms 

Our terms

1. These terms

  1. What these terms cover. These are the terms and conditions on which we supply services to you via our website at www.feelya.com (Site).

2. Information about us and how to contact us

  1. Who we are. We are Feelya Limited a company registered in England and Wales. Our company registration number is 10413391 and our registered office is at 73 Cornhill, London, United Kingdom, EC3V 3QQ..
  2. Services we provide.  Provided you are at least 18 years old, we will provide you with access to the Site and the facility to access counselling services from Therapists registered on the Site. If you are not 18 years old then you must not access the Site and by accessing the Site you have confirmed that you meet this requirement.
  3. We are not responsible for the services provided by the Therapists and we will not be liable to you in any way in relation to the services provided by the Therapists.  Any concerns or complaints in relation to the services provided by a Therapist should be made to the Therapist directly or to the Therapist’s professional body (see clause 5.4 below).
  4. We do not provide emergency counselling services or services if you think your life or health are at risk.  In an emergency please contact your local health service provider or call the Samaritans on 116 123 in the UK.
  5. The Therapists registered on our Site are registered with their relevant professional body to provide counselling services in compliance with relevant laws applicable in the United Kingdom and this agreement is subject to English law (see clause 15.6 below).
  6. How to contact us. You can contact us by emailing our customer service team at talk@feelya.com.
  7. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us when registering on this Site.
  8. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

  1. Registration. When you register with the Site you agree that these terms will apply to any order you make for Services.  You also agree that we may make changes to these terms as set out below (see section 7 (Our rights to make changes) and those changes will apply to any order you make after the revised terms have been posted on the Site.
  2. How we will accept your order. Our acceptance of your order for Services made via our Site will take place when we email you to accept it, at which point a contract will come into existence between you and us for that order and these terms will apply to that order.
  3. If we cannot accept your order. If we are unable to accept your order as submitted, we will inform you of this in writing and will not charge you for the service.
  4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Our Services

  1. We will provide:
    1. you with access to our Site to view the details of specialist therapists (Therapists);
    2. a facility to enable you to reserve and pay for a consultation with a Therapist;
    3. a video / audio conferencing facility on our Site to allow you to participate in a consultation with the Therapist online at a time you have reserved (Reserved Consultation).
  2. Together the services set out at clause 4.1 are referred to in these terms as the “Services”.
  3. Subject to your meeting the minimum technical requirements specified on our Site we will provide access to a video conference facility for your consultation with your selected Therapist.  The technical requirements may be updated from time to time by us as technology develops.
  4. We will provide a payment service so that you can pay the Therapist’s fee for their consultation through the payment facility on our Site.

5. Provision of the consultation

  1. The Therapists registered on our Site provide their services to you independently of us and we are not responsible for the service they provide.
  2. We will:
    1. display on the Site the information provided by Therapists as to their areas of specialism and the details of their practice as a Therapist;
    2. verify that, at the date each Therapist registered with the Site, each Therapist was:
      1. registered with the regulatory body for psychologists in the United Kingdom, the Health and Care Professions Council (HCPC); and or
      2. registered with the regulatory body for psychotherapists in the United Kingdom, the British Association of Chartered Psychotherapists (BACP); and
      3. registered with any other regulatory body or bodies for psychologists in the United Kingdom, including the British Psychological Society (BPS), as is or are stated on the Therapist’s profile on the Site.
    3. confirm the identity of each Therapist by a security and identification check at the date of registration with the Site;
    4. check on a quarterly basis (every three months) that all Therapists registered on this Site continue to be registered with the HCPC or the BACP (and the BPS or any other regulatory body where indicated on the Therapist’s profile). We will not complete any other checks as to the Therapists’ registration and will not complete any independent verification of the quality of the services they provide;
    5. subject to receipt of payment from you in accordance with clause 12, pay the Therapist his or her fee for the relevant consultation after deducting the fees payable by the Therapist to us in relation to our services.
  3. We do not:
    1. verify or warrant the statements made by the Therapists on our Site in relation to their areas of specialism or other details of their practice except as set out at clause 5.2;
    2. provide the consultation;
    3. give you any assurances as to the competency of any Therapist and we do not give any warranty or assurance in relation to the quality of the Consultation Service provided by the Therapist.
  4. If you have any complaint about the service of a Therapist then such complaint should be referred to:
    1. the Therapist themselves; 
    2. the HCPC; or
    3. the BACP or other regulatory body.
  5. If you have a complaint about the operation of the Site, the reservation facility or video conferencing facility then you should contact us as set out at clause 2.6 above.
  6. You must comply with the provisions of the terms of use for the Site as posted on the Site.  When we update the terms of use and post these to the Site you must comply with the latest version of those terms. In making a reservation you confirm your acknowledgment that the Site terms of use apply and in particular acknowledge that you may not make any video or audio recording of any consultation or share a consultation with any third party.

6. Your rights to make changes

  1. If you wish to make a change to a consultation you have reserved on the Site you can make any changes to the Service ordered by visiting the ‘Schedule’  section of the Site unless any of the clauses below apply so that you are not entitled to change or cancel the Service.
  2. No change can be made to a consultation after the consultation has started.
  3. If you cancel a Reserved Consultation in the 48 hours immediately prior to the scheduled time for the consultation we will charge you 40% of the fee payable for that consultation.
  4. If you fail to attend a Reserved Consultation and the Therapist does not cancel the consultation you will be charged the full price for the consultation unless you have cancelled the consultation in accordance with this clause. If you have not joined your Reserved Consultation within 10 minutes of the scheduled start time for the consultation you will be considered to have failed to attend, you will not be able to join the session and you will be charged the full price for the consultation in accordance with this clause.

7. Our rights to make changes

Changes to these terms. we may make changes to these terms at any time and any changes to the terms will apply to all consultations reserved after a change has been made. The latest terms will be displayed on the Site and you must therefore check the terms each time you make a reservation.  Any order you make will be subject to the latest version of these terms as displayed on the Site.

8. Providing the Services

    1. We are not responsible for delays outside our control.
      1. If our supply of the Services is delayed or interrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
      2. If the supply of the Services is delayed or interrupted as a result of a fault in your equipment, your internet connection or an interruption to your power supply, we will not be liable for any delays caused and we will not be liable to provide an alternative Service even if you have not been able to access the Service as a result of the relevant fault or interruption. In this circumstance a consultation will be deemed to have started at the scheduled start time for that consultation whether or not you access or are able to access the consultation.
    1. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service:
      1. to deal with technical problems or make minor technical changes;
      2. to update the service to reflect changes in relevant laws and regulatory requirements;
      3. if a Therapist is unavailable for a Reserved Consultation for reasons beyond our control.
    2. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency.  If you have booked a consultation and the suspension will prevent you from accessing the consultation we will offer you an alternative time for your consultation provided that the Therapist selected will be available at such alternative time.  If you do not wish to accept an alternative time for a suspended Consultation Service You may contact us to end the contract for the consultation and we will refund any sums you have paid for that consultation.  If the Therapist is no longer available for the consultation we will refund any sums you have paid for that consultation.
    3. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 12.5).

9. Your rights to cancel

    1. Exercising your right to change your mind. You can cancel your consultation at any time up to the scheduled commencement time of the consultation.  However, if you cancel in the 48 hours immediately prior to the scheduled commencement of the consultation then we will charge you 40% of the fee applicable to the Reserved Consultation as a contribution to the costs of the Therapist and our costs incurred in preparing to provide the Services.
    2. Your right as a consumer to change your mind does not apply once a consultation has commenced, even if the consultation starts less than 14 days after You made your reservation.

10. How to cancel

  1. Tell us you want to cancel a Reserved Consultation. To cancel a Reserved Consultation with us, please complete the request on our Site. 
  2. We will not normally take any payment from you until a consultation has been completed, however, if you have made an advance payment and you cancel those sessions in accordance with these terms we will make any refunds due to you as soon as possible and within 14 days of your telling us you wish to cancel the contract. Where no advance payment has been made, we will cancel any pre-authorisation of your credit card or PayPal account as soon as is practicable after receipt of your notice of cancellation and we will confirm this to you once complete.    

11. Our rights to cancel

  1. We may cancel a Reserved Consultation or a series of Reserved Consultation. We may cancel a Reserved Consultation or a series of Reserved Consultations at any time by writing to you if you fail to comply with:
    1. these terms;
    2. the website terms of use that you agreed to when registering with the Site.
  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12. Price and payment

  1. Where to find the price for the Service. The price of the Service (which includes VAT where applicable) will be the price displayed on the Therapist’s profile page when you placed your order.  The price of the Services includes the Therapist’s fee for providing the consultation, the commission we charge the Therapist and the VAT applicable on that commission together with an administrative fee to cover credit card expenses and the provision of the video conferencing service.  We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Service you order.
  2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of any VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
  3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid.
  4. When you must pay and how you must pay. We accept payment via PayPal or with Visa, Mastercard and American Express credit or debit cards.

We will seek authorisation for the payment when we accept your order.   We will charge your payment card or PayPal account on completion of the delivery of a session.  In the event that you cancel the Services in accordance with this agreement then we will not charge your credit card or PayPal account as the case may be.

    1. We can charge interest if you pay late. In the event that you owe us any payment and you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. 
    2. What to do if you think an invoice is wrong. If you think an invoice or a payment made is incorrect please contact us promptly to let us know. You will not have to pay any interest until any dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

13. Our responsibility for loss or damage suffered by you

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 
  2. We are not liable for the services provided by the Therapists. See clause 5.3 and 5.4 above.
  3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services; and for defective Services under the Consumer Protection Act 1987
  4. We are not liable for business losses. We only supply the Services to you for domestic and private use.

14. How we may use your personal information

  1. How we will use your personal information. We will use the personal information you provide to us:
    1. to enable your Therapist to supply the Services to you;
    2. to process your payment for the Services and you will submit this information directly to the payment provider in accordance with their terms of business; and
    3. if you agreed to this when registering on the Site, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.
  2. We will only give your personal information to third parties where you have agreed to this in accordance with these terms, or the Site terms of use, or where the law either requires or allows us to do so.
  3. Any processing of personal information shall otherwise be carried out in accordance with the privacy policy posted on the Site as we may update from time to time.

15. Other important terms

  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
  6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.