PlusGuidance General Terms of Use

Please read the following important terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Platform (defined in Section 2 below), and constitute a binding legal agreement among you, as a user of the Platform, and PlusGuidance Global Limited and any other entities controlling, controlled by or under common control with the foregoing (collectively, “PlusGuidance”, “we” or “us”). “You” or “your” or similar terms refer to you as a user of our Platform.

PlusGuidance is a telehealth platform in that we offer to connect people with our network of affiliated well-being and mental health professionals (“Service Providers”) to obtain online guidance, counselling and therapy services.

Service Providers may include, but are not limited to: therapists, counsellors, coaches, psychologists, social workers, and marriage and family therapists. Any counselling or therapy services delivered through the Platform is not provided by PlusGuidance but by your Service Provider.

If a Service Provider identifies a real or perceived emergency situation in the course of a therapy session where the member or another person is identified (in the Service Provider’s opinion) as being at risk of harm then the Service Provider may take reasonable actions to reduce the risk of harm. Assistance will be limited to what can reasonably be offered from a remote connection and whilst a Service Provider will operate in good faith to do what they can to improve the situation, neither they nor PlusGuidance can accept any responsibility for any harm that may follow.

1. Applicability of these Terms of Use.

Your access to and use of the Platform is conditioned on your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Platform, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Platform.

If you do not agree with these Terms of Use, you are not authorised to access or use the Platform for any purpose.

Additional terms and conditions applicable to specific areas of the Platform (including but not limited to our Privacy Policy and Cookie Policy) or to particular transactions are also posted in particular areas of the Platform and, together with these general Terms of Use, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorised to access or use those areas of the Platform.

The Terms of Use, together with any document referred to therein, contain the entire agreement between You and Us.

PlusGuidance can make changes to these Terms of Use in its sole discretion and notify You of these changes. By continuing to use our Platform after notification, you are deemed to have accepted the revised terms.

In addition to these Terms of Use, in connection with your continued use of the Platform after any such changes, you are also bound by all amendments to these Terms of Use and other terms that we post on the Platform or otherwise provide or make available to you from time to time. Each of the above policies are hereby expressly incorporated by reference.

2. Our Platform.

The Platform includes, without limitation, the following services (“Services”) provided via our website, mobile application, messaging services (provided directly by us or via a third party):

(a) the facilitation of electronic communications with Service Providers,

(b) the provision of appointment scheduling and reminders and other services related to online counselling and therapy for both our registered users and Service Providers,

(c) arrangements for payment by you for the services provided by Service Providers, and

(d) the provision of other information about PlusGuidance and our products and services through our Platform.

The Platform does not include the provision of medical care, mental health services, or other professional services by PlusGuidance.

Service Providers are not the employees or agents of PlusGuidance.

Each Service Provider is responsible for obtaining your informed consent to any diagnosis or treatment, including, without limitation, your consent to use telehealth in the course of any consultation conducted through the Platform, to the extent such consent is required by the applicable laws of the relevant jurisdiction.

3. Delivery of medical advice.

The Platform cannot and is not intended to provide medical advice.

We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions.

Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any communication made through the Platform. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

To the extent advice is provided to you by a Service Provider through the Platform, such advice is based on your personal health information as provided by you and the local standards of care for your presenting symptoms, based on your use of the Platform. Responses are not provided by PlusGuidance, but are provided by your Service Provider.

The content on the Platform (other than a direct response from a qualified Service Provider) is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment.

You should always talk to your medical professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on the Platform represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.

4. Payment policies.

You agree to promptly pay all fees and charges for Service Provider services, and you authorise us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your PlusGuidance user profile or payment web page. The fees and charges payable by you in relation to any and all Service Provider services are as set out in our Pricing and Subscription Policy and you hereby agree to comply with and adhere to this policy.

5. Registered user accounts.

In order to access certain features of the Platform, you will be required to become a registered user of the Platform by creating a PlusGuidance account (“Account”).

To create an Account, you must be of legal age (18 years or over). If you are not of legal age, you may not register to use our Platform. PlusGuidance reserves the right to terminate your Account if it has come to our attention you are under 18 years and/or have ignored requests to go somewhere else that is suitable for your age.

In order to access the members-only portions of the Platform, you must provide us with a current, valid email address so that we may contact you. By creating an Account, you agree to keep your email address updated.

When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party.

You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorised such activities or actions. You must notify us immediately if you know or suspect that any unauthorised person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Platform through your account without your consent, or your Account has been accessed without your permission). You may not use the Platform on public computers. We also recommend that you do not store your password through your web browser or other software.

You agree that the information you provide to us at all times, including during registration and in any information you upload to your PlusGuidance online profile maintained by or through the Platform (whether required by us or not) will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, age, phone number, email addresses, and payment information. Changes can be made in your user profile and you are solely responsible for the accuracy and completeness of your information.

There is no guarantee that you will be accepted as a registered user, or as a client by one of our Service Providers. Even if you are accepted as a client by a Service Provider, your Service Provider may determine that online counselling services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide online counselling services to you through the Platform in your Service Provider’s sole discretion.

By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Platform. PlusGuidance cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You undertake and agree not to use the Platform:

(i) in any unlawful manner or for any unlawful purpose or in any manner inconsistent with these Terms of Use or fraudulently or maliciously;

(ii) in any way that interrupts, impairs or renders the Platform or Website less efficient;

(iii) to transfer files that contain viruses, trojans or other harmful programs;

(iv) to access or attempt to access the accounts of other service providers or to penetrate or attempt to penetrate any security measures;

(v) to infringe our intellectual property rights or any other rights or those of any third party.

6. Service Provider profiles.

PlusGuidance may provide on the Platform profile pages for Service Providers to enable them to post relevant information about their education, training, experience, and areas of specialisation.

Service Providers are solely and exclusively responsible for the content of their respective profiles, and PlusGuidance expressly disclaims any and all liability for the content of the Service Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.

7. Your PlusGuidance profile.

Your PlusGuidance profile will be established and maintained for you as a registered user of the Platform to enter, store, and access your information online, and for your Service Providers to communicate with you about your care. All of the information contained in your PlusGuidance profile will be maintained in accordance with our Terms of Use and our Privacy Policy.

You agree to provide accurate and complete information for your PlusGuidance profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

It is the obligation of each of your Service Providers and PlusGuidance to use and disclose any information included in your PlusGuidance profile in accordance with applicable laws, including, without limitation, obtaining any consents or authorisations that may be required for your information to be shared with third parties. By registering for the services and designating your Service Provider(s), you agree to disclose the contents of your complete PlusGuidance profile to your designated Service Provider(s).

All messages transmitted through PlusGuidance's secure messaging platform are saved and become part of your PlusGuidance profile until you delete them.

8. Responsibility for your care; verifying credentials of Service Providers.

Your medical care and your mental health care are solely the responsibility of you and your Service Provider(s). Under the Platform, mental health advice and services are provided exclusively by Service Providers.

All Service Providers available through the Platform represent that they have degrees, licences and/or certifications, as applicable, in the areas of psychology, psychotherapy, psychiatry, marriage and family therapy, social work, or counselling.

PlusGuidance performs checks to confirm the credentials of all Service Providers and to validate that they are in good standing with their respective professional body. However, PlusGuidance is not responsible for credentialing Service Providers, makes no representation regarding the accuracy of Service Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Service Providers.

In addition, changes in your Service Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Service Provider. We recommend that you separately confirm that your Service Provider is in good standing with his or her respective professional body/bodies.

9. Restrictions on conduct.

The Platform may be used and accessed for lawful purposes only. You agree to abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Platform.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Platform:

(a) upload, post, email or otherwise transmit any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);

(b) upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(c) use the Platform to collect or store personal data about other users without their express permission;

(d) knowingly include or use any false or inaccurate information in any profile;

(e) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, harassment, abuse, sexually dubious content, requests for research participation, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Platform, or interfere with the access of any other user to the Platform;

(f) circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content;

(g) use any meta tags or other hidden text or metadata utilising a PlusGuidance name, trademark, URL or product name;

(h) attempt to probe, scan or test the vulnerability of any PlusGuidance system or network or breach or impair or circumvent any security or authentication measures protecting the Platform;

(i) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Platform;

(j) use the Platform in any way that competes with PlusGuidance, including, without limitation, misrepresenting one’s identity or posing as a current or prospective client in order to solicit or recruit Service Providers, directly or indirectly; or

(k) encourage or instruct any other person or entity to do any of the foregoing.

10. Termination; cancellation.

PlusGuidance is continually evolving and innovating. We may change our Platform, the content we offer, and the products or services you may access at any time. We may discontinue offering our Platform and we may suspend or terminate your right to use our Platform at any time, in the event that you breach these Terms of Use, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, PlusGuidance will have no further obligation to provide the Platform.

Upon termination of your right to use our Platform or our termination of the Platform, all licences and other rights granted to you by these Terms of Use will immediately terminate.

You may terminate your Account at any time and for any reason by emailing PlusGuidance at info@plusguidance.com to request your Account to be deactivated from the Platform. Upon any termination by you, your Account will no longer be accessible.

Any suspension, termination, or cancellation will not affect your obligations to PlusGuidance under these Terms of Use which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Section 11 (Ownership of Intellectual Property Rights), Section 13 (Third Party Websites; Advertisements), Section 14 (Disclaimer of Warranties), Section 15 (Limitation of Liability), Section 18 (General Terms), and Section 20 (Governing Law and Jurisdiction) shall survive and remain in full force and effect, but the provisions of Section 12 (Your Licence to Use the Platform) shall be suspended, terminated or cancelled, as the case may be.

11. Ownership of intellectual property rights.

The Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively, “Content”) are protected by U.K. and international copyright, trademark, and other laws. We own or have the licence to use all of the intellectual property rights relating to PlusGuidance, the Platform, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in PlusGuidance by your use of the Platform and nothing in these Terms of Use shall operate to assign or transfer any of our intellectual property rights of and belonging to you.

12. Your licence to use the Platform.

When you use our Platform, you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms of Use, PlusGuidance grants you a limited, non-exclusive, non-transferable and revocable licence, without the right to sublicense, to access and use the Platform solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Content, except as expressly permitted in these Terms of Use, without PlusGuidance’s express prior written consent. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PlusGuidance or its licensors, except for the licences and rights expressly granted in these Terms of Use.

13. Third-party websites; advertisements.

We may make available, on our Platform, links to third party websites or resources from third parties of the Platform.

PlusGuidance is not responsible or liable for the availability or accuracy of such third party websites or resources, nor does PlusGuidance endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third party links or resources on the Platform, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others.

Your use of the websites or resources of third parties is at your own risk. PlusGuidance and its affiliates will not be liable for any of your losses arising out of or relating to the websites or resources of third parties.

14. Disclaimer of warranties.

Your use of the Platform and Content is at your sole discretion and risk. The Platform and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

PlusGuidance and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to any services provided via the Platform and Content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance. PlusGuidance and its licensors and affiliates make no warranty that the content you access on our website or using our service satisfies the laws and regulations requiring the disclosure of information for prescription drugs.

In addition, PlusGuidance and its licensors and affiliates disclaim any warranties regarding security, accuracy, reliability, timeliness and performance of the services or that the services will be error free or that any errors will be corrected. No advice or information provided to you by PlusGuidance will create any warranty that is not expressly stated in these Terms of Use.

We make no representations concerning, and do not guarantee, the accuracy of the services, including, but not limited to, any information provided through the services or their applicability to your individual circumstances. Our Platform and Content are developed for use in the United Kingdom and PlusGuidance and its licensors and affiliates make no representation or warranty concerning the Platform or Content when they are used in any other country.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

15. Limitation of liability.

In no event will PlusGuidance, or PlusGuidance’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of or in connection with your use of the services, the Platform, or the Content, whether the damages are foreseeable and whether or not PlusGuidance has been advised of the possibility of such damages in advance. If you are dissatisfied with any services, the Platform, or the Content or the Terms of Use, your sole and exclusive remedy is to discontinue using the Platform.

Nothing herein shall limit the potential professional liability of our Service Providers or other licensed healthcare professionals arising from or related to medical or mental health advice, diagnosis, or treatment they provide to you, except as provided under applicable country and state laws. In many jurisdictions, Service Providers are required to report confidential information if they have reason to believe that a client is likely to harm others or himself/herself. In no event shall PlusGuidance be liable for the disclosure of your confidential information by a Service Provider from whom you receive mental health services. PlusGuidance is not liable to any person or user for any harm caused by the negligence or misconduct of a Service Provider.

In no event will the cumulative liability of PlusGuidance or PlusGuidance’s licensors or affiliates to you, whether in contract, tort, or otherwise, exceed £500.

Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Platform or the Content or our relationship with you, regardless of theory, must be brought within one (1) year after the occurrence of the event giving rise to the claim or cause of action or be forever barred.

Some jurisdictions do not permit us to limit liability in these ways, so it is possible that these limitations will not apply to our agreement with you. In such event, the limitations shall apply to the fullest extent permitted under applicable law.

16. Errors and inaccuracies.

The information on the Platform including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. PlusGuidance reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. PlusGuidance will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. PlusGuidance reserves the right to refuse to fill any orders or provide Platform that are based on inaccurate or erroneous information on the Platform, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

17. Changes and interruptions of services.

We may revise, discontinue, or otherwise modify, temporarily or permanently, the Platform or any part thereof (including, without limitation, the Platform, these Terms of Use, the scope of the Platform, and any materials related to the Platform), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate these Terms of Use as to all prior versions of the Platform and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Platform to which these changes relate. Your use of the Platform after we make any changes will constitute your agreement to such changes and the then current version of these Terms of Use.

We may from time to time perform maintenance upon the Platform or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

18. General terms.

These Terms of Use of Use constitute the entire agreement between you and us relating to the Platform, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Platform, or the Content. If there is any conflict between the Terms of Use and a separate signed written agreement between you and us relating to our Platform or the Content, the signed written agreement will control. We both acknowledge and agree that in entering into these terms we do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms or not) relating to the subject matter of these Terms of Use, other than as expressly set out herein.

There are no other third party beneficiaries to this agreement.

The failure by you or us to enforce any provision of the Terms of Use will not constitute a waiver of our rights and remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms of Use is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from the Terms of Use or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms of Use shall continue to be valid and enforceable. Nothing contained in these Terms of Use of Use shall limit the ability of a party to seek an injunction or other equitable relief. The titles of the sections of the Terms of Use are for convenience only and shall have no legal or contractual effect.

These terms are personal to you and you may not assign these Terms of Use or your rights to the Platform to any other party. We expressly reserve the right to assign these Terms of Use and to delegate any of our obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under these Terms of Use to independent contractors or other third parties.

The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.

We shall have no liability to you under these Terms of Use of Use if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

Except as expressly provided in these , the rights and remedies provided under these are in addition to, and not exclusive of, any rights or remedies provided by law.

These may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. No counterpart shall be effective until each party has executed and delivered at least one counterpart.

19. Harm to computer systems and data.

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Platform or any other PlusGuidance site.

20. Governing law and Jurisdiction.

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).

21. Changes to these Terms of Use.

We reserve the right to change our Terms of Use at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Platform. Your continued use of our Platform will constitute your agreement to the changes we have made. The last date these Terms of Use were revised is set forth at the end of this document.

22. Contacting us.

We encourage you to contact us at info@plusguidance.com if you have any questions concerning our Terms of Use. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

Last revised: 27th June 2017