We provide an online platform to allow you to provide counselling, therapy and other guidance services (Services) in accordance with your duties and obligations as a licensed provider of such services via video, voice (audio), and messaging sessions directly through our website, mobile application or messaging services (provided directly by us or via a third party) (together the Platform).
1. The contract.
Please take the time to carefully read these terms including all policies and guidelines (together the Terms). Use of our Platform is expressly conditioned on your compliance with (a) your professional duties as a qualified and verified professional; and (b) these Terms.
If you decide not to agree to these Terms, you may not use the Platform. We recommend that you print a copy of these Terms for future reference.
These Terms constitute the entire agreement between You and Us. By using our Platform, you are deemed to accept the Terms.
PlusGuidance can make changes to these Terms 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.
These Terms apply to any use by you of the Platform, including without limitation all services available at https://www.plusguidance.com or a PlusGuidance website accessible through other sites, such as a personal web page or PlusGuidance partner.
Our current list of policies is as follows:
- Pricing Guidelines
- Minimum Technical Requirements
- Clinical Guidance Policy (to be added)
- Minimum Performance Guidelines (to be added)
2. The parties.
Throughout these Terms, the words “PlusGuidance,” “we,” “us,” or “our” mean, collectively, PlusGuidance Global Limited, and all of our respective affiliates, successors or assigns. “You” or “your” means the Service Provider who is a qualified and verified provider of counselling, therapy and other guidance services, who may be registered with an approved governing body, who creates an account with PlusGuidance which is accessible through the Platform, or any website or partner that offers access to the Platform. “Client” means a registered user of the Platform with whom you make contact with or provide Service to via the Platform.
3. Description of the Platform.
The Platform shall mean all communications, sessions (described below), features, products, functions and other services available or otherwise used by you on or through the Site or a website that embeds or makes available PlusGuidance’s Platform.
You may use the Platform to enable you to provide the Services directly to Clients, who are your private paying clients and have registered and accepted the terms governing the use of the Platform by Clients in place from time to time.
By using the Platform, you represent and warrant to us that:
(a) You have the legal capacity and authority to agree to these Terms;
(b) All registration information you submit (including but not limited to your insurance and proof of your membership to any professional body) is accurate and truthful;
(c) You will maintain the accuracy of such information;
(d) You are, and will be at any time that you use the Platform, qualified, registered or verified, as applicable, in good standing, and shall meet all other legal requirements, to provide counselling, therapy and other guidance services to Clients in the countries in which you provide those services using the Platform;
(e) At any time that you are no longer qualified, registered or verified, as applicable, or otherwise permitted in a country to provide the Services to Clients, you will immediately cease to use the Platform to provide the Services in that country;
(f) Your use of the Platform to provide the Services does not violate any applicable law or regulation;
(g) You will provide us with any information we may require in connection with these Terms and the Services. If you do not provide us with the relevant information we may at our sole discretion suspend you from providing the Services;
(h) You will respond promptly to any enquiries and communications from us or any Clients;
(i) You will will refrain from doing anything (or authorising any third party to do or to refrain from doing anything) which we reasonably believe is likely to damage our name and reputation and/or bring our reputation into disrepute;
(j) You will not use our name, trade marks, logos, branding or mention us in any publication, website, press release or other media without our prior written consent.
Your Profile may be removed and your participation and account may be terminated without warning if PlusGuidance believes you are in breach of any of the foregoing representations and warranties.
You further agree that you will not, nor allow any third party to:
(i) make copies, duplicate, modify, create derivative works from or distribute all or any portion of the Platform;
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Website;
(iii) make alterations to, or modifications of, the whole or any part of the Platform, or permit it to be combined with, or become incorporated in any other programs; or
(iv) access, use or copy all or any part of the Website in order to build a product or service which competes with it;
(v) sell, resell, trade or otherwise provide access to the Website or Platform to third parties or otherwise furnish third parties with access to any login details to the Platform; or
(vi) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Platform
and we reserve the right, without prior to notice to and without liability or prejudice to our other rights against you, to reject, prevent, discontinue or suspend your access to the Platform in our sole discretion, if we are of the opinion that you have breached these Terms.
5. Your responsibilities and liabilities.
You undertake and agree not to use the Platform:
(i) fraudulently, maliciously or in any unlawful manner or for any unlawful purpose or in any manner inconsistent with these Terms;
(ii) in any way that interrupts, impairs or renders the Platform 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.
Except as specifically set forth in these Terms, you will be responsible for providing all equipment, supplies and services required for the effective provision of counselling services utilising the Platform in accordance with all applicable laws and professional guidelines.
Specifically, but without limitation, you shall provide and maintain all services hereunder using the minimum technology standards set forth in our Minimum Technical Requirements Policy, as such standards may be modified from time to time and communicated to you by us by email or via the Platform.
You will complete an online profile (“Profile”) describing yourself in such form and having such content as PlusGuidance may determine and communicate to you from time to time by email or via the Platform. You hereby consent to PlusGuidance posting your Profile and a picture of yourself on the Platform.
You will personally provide the Services via the Platform. You acknowledge that it is your obligation to ensure a proper transition of care for any Clients for whom you will no longer provide counselling services, or provide your Clients with adequate notice of your leaving.
You will at all times when providing the Services using the Platform do so in accordance with all applicable national laws and local regulations, as well as the applicable ethical and professional standards applicable to you now in effect or as may be adopted from time to time by any regulatory or professional standards body having jurisdiction over you. This shall include, but shall not be limited to, all national and local laws pertaining to the provision of medical/clinical services via the Internet (“telemedicine”). It is your responsibility to know which Clients you can legally and ethically provide Services to according to your local and national laws and professional duties and requirements. PlusGuidance cannot guide you in regards to which countries you can provide services to, or to whom you can provide the Services to. If you are unsure about your particular requirements and laws surrounding online therapy and cross-border therapy, you must consult a solicitor or your applicable professional body or association.
You will abide by the terms of the Minimum Performance Guidelines when providing services on the Platform and in any event will exercise a reasonable standard of care, at a minimum being the same standard of care you would exercise when providing such services in person. Without limitation to the preceding obligations You agree to exercise the standard of care required by any regulatory or professional body to which you belong or which regulates the services provided on the Platform.
6. Profile Information.
By providing your public Profile Information (information that is automatically shown on your public PlusGuidance Profile URL), You are agreeing that it can be made available to the public via our website. By submitting for verification, you agree that your Profile URL, including its Profile Information, can be displayed in and found via our public search directory. It is your sole responsibility to ensure that the contact and registration information in your PlusGuidance Profile and Account is current and accurate and complete at all times. Profile and Account Information include, but is not limited to, name, address, email addresses, relevant qualifications to the services you provide, proof of insurance cover, and details of membership with a professional body. Changes to your Profile and Account Information can be made by you when you log in to your Account. You are responsible for immediately updating your Profile as and when it changes. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.
In the event we become aware or are notified that you have not updated and properly monitored your Profile appropriately under these Terms, we may, in our sole discretion, remove any or all of your Profile. If these Terms are not adhered to, we also reserve the right to freeze or delete your access to the Platform.
If your professional insurance or membership to your relevant professional body expires or is no longer active for any reason, you must immediately stop providing the Services on the Platform and, if applicable, notify us of this situation so we can take you out of our public search directory if you have been verified. If you do not adhere to these Terms, You will be fully responsible for any consequences of offering your services on our Platform whilst You are still in breach of our Terms.
You accept we are an online technology platform for you to provide the Services to Clients. By publishing your details, we do not in any way provide or are taken to provide a reference or endorsement of you, your services or your business.
You are not entitled to publish articles, advertise events, seminars or workshops, or publish information of promotions, products, special offers or any services that are not specifically counselling, therapy or other services delivered through PlusGuidance.com. We reserve the right to decide not to publish any particular part or parts of the information you provide. You expressly agree that you will not sell or trade in any materials on the Website or re-distribute these in any way or for any purpose including the compiling of any databases, lists or directories or providing commercial information to any third party or any commercial or other reason.
You agree that PlusGuidance may share your information with any professional body, hospital, insurance company, healthcare provider or other similar entity with whom you are professionally affiliated with (Related Entities). You authorise us to make any inquiries we deem necessary of your professional accrediting body, training bodies, insurance policy provider and other Related Entities to verify the information you provide to us. You agree that PlusGuidance may contact you via email or via the Platform in relation to your provision of the Services thereon.
You agree that you will respond to Client scheduling requests within a reasonable amount of time and in accordance with the Minimum Performance Guidelines.
7. Professional standards.
You warrant that you will at all times in providing the Services comply with and seek to uphold the standards and requirements, and meet the relevant competencies, of professional guidelines set by the relevant bodies applicable to the relevant jurisdictions in which the Services are provided, including guidelines as well as statutory or other mandatory requirements determining, among other matters, when the Services may or may not, or should or should not, be provided; and in compliance with any relevant reporting or alerting requirements where you have reason to consider that the Client may be at risk of serious self-harm. Furthermore, you agree that you will advise us if any complaint is, or ever has been, made against you to the professional body.
8. Security and confidentiality.
Use of the Platform requires a computer and internet access connected through an internet service provider with a web browser.
You acknowledge that in the course of performing the Services, you may be given access to resources, information, and materials which are owned by PlusGuidance, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to PlusGuidance, and which constitutes valuable resources, confidential and/or proprietary information, know-how, and trade secrets belonging to PlusGuidance, their subsidiaries or affiliates, and/or third parties (hereinafter referred to as “Proprietary Information”).
You hereby agree to hold the Proprietary Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of PlusGuidance. You agree that all Proprietary Information shall be used only for the purpose of providing counselling, therapy or other guidance services on the Platform under these Terms and shall not be produced, copied, in whole or in part, except as specifically authorised and in conformance with PlusGuidance’s instructions when necessary for the purposes set forth herein. You shall return all Proprietary Information, together with any copies, reproductions or other records thereof in any form, to PlusGuidance at such time as you cease using the Platform.
You agree not to make, or permit any person to make, any public announcement concerning these Terms without our prior written consent, except as required by law, any governmental or regulatory authority.
These provisions relating to Security and confidentiality shall survive termination of these Terms, however arising.
You agree to abide by all PlusGuidance policies and standards governing access to and use of computer resources, as such standards may be modified from time to time and communicated to you by PlusGuidance by email or via the Platform.
You agree to keep your username and password and any other security or access information (Access Information) confidential to prevent unauthorised access to your account(s) and to prevent unauthorised use of the Platform. You agree not to give or make available your Access Information to any unauthorised individual. You will be solely responsible for any disclosure of your Access Information or use thereof by any unauthorised and authorised third party.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Platform under your username without your consent or your Accounts have been accessed without your permission), you must notify us immediately.
We reserve the right to deny your access to the Platform or any part thereof, in order to maintain or restore security or performance to the Platform or any other PlusGuidance sites and systems. We may also do so if we reasonably believe you are in breach of these Terms or your Access Information has been or may be obtained or is being used or may be used by an unauthorised person(s).
You undertake not to use the Platform on public computers. We also recommend that you do not store your PlusGuidance.com password through your web browser or other software.
9. Service Provider obligations with respect to Client Information.
A Client may submit medical history and other personal information (“Client Personal Information”) on the Platform and authorise you to have access to such information. You acknowledge, agree, release and indemnify PlusGuidance from all claims and liability arising out of your failure to have the Client confirm and consent to the submission of their Client Personal Information to the Platform or arising out of any omissions or errors in any Client Personal Information provided by the Client or any breaches by you or the Client of any data protection laws arising out of or in connection with the submission of and use or access to the Client Personal Information on the Platform.
You covenant that all use of Client Personal Information will not conflict with these Terms or your professional and legal duties and obligations. You understand that the information available from PlusGuidance is to be used at your own risk.
10. Platform fees.
You agree that you will pay all fees in accordance with the current rates, as agreed between you and us from time to time or varied at our discretion. The current rates are displayed in the pricing information section of the Platform. PlusGuidance may increase or decrease any Platform fees solely at our own discretion and will notify you by email prior to these changes if so.
Under no circumstances will you be permitted to or entitled to set your own prices/services, and you hereby agree to be bound by our pricing policy when using the Platform.
You acknowledge and agree that the provision of counselling services to Clients under these Terms constitutes a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of any income tax, Value Added Tax, Insurance and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the provision of your counselling services, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
We reserve the right to terminate your access to the Platform, in whole or in part, at any time and for any reason. Either party to this agreement may terminate usage of the Platform at any time.
If you wish to delete your PlusGuidance Profile, you must email us at email@example.com to request your Profile to be removed from the Website.
12. Intellectual Property and Data Protection
Nothing in these Terms shall operate to assign or transfer any intellectual property rights of or belonging to us to you. You acknowledge and agree that we and/or our licensors own all intellectual property rights in our Website, our Platform and all other materials, documents, created by and belonging to us and/or our licensors. Nothing in these Terms grants you any rights, title and/or interest in and to any of these intellectual property rights or any other rights or licences granted to you under these Terms.
Both parties warrant, agree and undertake at all times to:
1. comply with all requirements of the Data Protection Act of 1998 and all and any other relevant data protection legislation;
2. not to transfer or permit the transfer of any personal data outside the European Economic Area without the necessary permissions, consents and licences to do so; and
3. take appropriate technical and organisational measures against unauthorised or unlawful processing of any personal data or its accidental loss, destruction or damage.
13. Electronic communications.
You agree that all electronic communications that we receive on the Platform or otherwise in connection with the Platform, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Platform, will be deemed valid, authentic and binding.
You agree (to the maximum extent permitted by law) to hold harmless PlusGuidance and its vendors and suppliers and protect and indemnify PlusGuidance and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Platform rendered by PlusGuidance pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you disclose to PlusGuidance.
14. Changes and interruptions in service.
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Platform or any part thereof (including, without limitation, the Platform, these Terms, 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 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.
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.
These Terms are personal to you and you may not assign these Terms or your rights related to the Platform to any other party. We expressly reserve the right to assign these Terms and to delegate any of its 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 to independent contractors or other third parties.
16. No waiver.
We shall not be deemed to have waived any of our rights or remedies hereunder 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.
17. 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.
18. Limitation of liability.
You acknowledge that PlusGuidance is not a healthcare provider, licensed or otherwise. PlusGuidance cannot and will not assume responsibility for or control over the care of any Client, which shall, at all times, remain your responsibility. PlusGuidance will not be responsible for the assignment of staff to treat Clients or any other activity that involves the practice of counselling, therapy, other guidance services, medicine or the provision of healthcare services.
You acknowledge and agree that PlusGuidance is not responsible for (i) the accuracy, reliability, timeliness, or completeness of your information, any data provided by Client, or any other data or information provided or received through the Platform, (ii) the results that may be obtained from the use of the Platform, (iii) the provision of the Services as a result of your reliance on any data provided by Client, through the Platform, or (iv) the cancelling or rescheduling of any appointment booked through the Platform by any Client.
Except as otherwise expressly provided herein, your use of the Platform is at your own risk.
To the maximum extent permitted by law, none of the entities comprising PlusGuidance or its vendors and suppliers, nor any of their respective officers, directors or employees, nor any other party involved in creating, producing, or delivering the Platform is liable for (i) any incidental, consequential, indirect, special, exemplary, or punitive damages of any kind; or (ii) loss of profits, lost revenue, cost of replacement goods or services arising out of your access to or use of the Platform, or the inability to access or use the Platform, whether caused by PlusGuidance or third parties, online service providers, any agent or subcontractor or any of the foregoing. In no event shall PlusGuidance’s liability under this agreement exceed the amount paid by you for our services in the last 30 days.
You will defend, indemnify and hold PlusGuidance and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable legal fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any service or treatment provided by you to a Client resulting from your use of the Platform, or (ii) any breach of a representation or warranty hereunder.
20. Warranty disclaimer.
Without limiting the foregoing, except as otherwise expressly provided herein, the Platform is provided to you “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from any course of dealing or performance or usage of trade. While PlusGuidance makes every effort to provide accurate information in connection with the Platform, except as otherwise expressly provided herein, PlusGuidance makes no warranty that (i) the Platform will be uninterrupted, timely, secure, or error-free, or (ii) any information contained on, results that may be obtained from the use of, or other aspect of the Platform will be accurate, current, complete or reliable.
Nothing contained in the Platform is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
If any provision of these Terms is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
22. Independent contractors.
The relationship you and PlusGuidance shall be that of independent contractors. Neither you nor us 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.
23. Law and jurisdiction.
24. Force Majeure.
We shall have no liability to you under these Terms 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.
25. Rights and remedies.
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
26. Contacting us.
We encourage you to contact us at firstname.lastname@example.org if you have any questions concerning our these Terms. 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