The Therapy Platform Terms of Use
Last revision: May 2022.
Use of the Site.
The Therapy Platform Pte Ltd (“The Therapy Platform”, “we”, “us”, or “our”) operates the website located at https://www.thetherapy.co and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer information and online telehealth services (the “Services”) to inform, advocate and link people to the existing treatment and the advances in treatment technology for psychological difficulties due to many issues, including adverse childhood experience, traumatic past and broken relationships and other mental health issues, enabling our clients (“Clients”) to report their health history and engage our skilled healthcare professionals which include mental health counsellors and psychotherapists (“Healthcare Professionals”) to obtain the healthcare services which we provide (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.
Healthcare Services.
The Healthcare Professionals who deliver Services through thetherapy.co (“Site”) are independent professionals practicing within a group of independently owned professional practices collectively known as “The Therapy Platform Professionals”. The Site does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by its Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither the Site nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
Site Content.
None of the Site content (other than information you receive from Healthcare Professionals)should be considered medical advice or an endorsement, representation or warranty that anyparticular method of treatment is safe, appropriate, or effective for you.
Privacy.
The Therapy Platform is required to comply with privacy and security laws and maintainsafeguards to protect the security of your information. Additionally, the information you provideto your Healthcare Professional during a consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and The Therapy Platform. The Therapy Platform cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by The Therapy Platform.
User Accounts.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by The Therapy Platform (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, ccurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. The Therapy Platform reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall The Therapy Platform be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
Use of the Services by Children.
The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.
Access Rights.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to:
(a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(b) use the Site or Services to violate any local, state, national or international law;
(c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services;
(d) distribute viruses or other harmful computer code through the Site; or
(e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site and to refrain from contacting Healthcare Professionals for telehealth services outside of the Site. The Therapy Platform is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
Fees and Purchase Terms.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Site will use the Stripe Payment Gateway (https://stripe.com).
The Site uses the Stripe gateway for its online credit card transactions. Stripe processes online credit card transactions for thousands of merchants worldwide, providing a safe and secure means of collecting payments via the Internet.
All online credit card transactions performed on this site using the Stripe gateway are secured payments.
• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by The Therapy Platform or any outside party.
• All transactions are performed under a Security Certificate.
• All transaction data is encrypted for storage within Stripe’s bank-grade data center, further protecting your credit card data.
• Stripe is an authorized third party processor for most major banks worldwide.
• Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Stripe.
Stripe Checkout User Terms of Service can be found at this link:
https://stripe.com/us/checkout/legal
The Therapy Platform accepts no responsibility in relation to payments via the Stripe gateway. Your online payment arrangement is direct with Stripe and not with The Therapy Platform.
You agree that The Therapy Platform is authorized to immediately invoice your account for all fees and charges due and payable to The Therapy Platform hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with The Therapy Platform to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with The Therapy Platform, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. The Therapy Platform offers no guarantee that you shall receive any such reimbursement. The Therapy Platform fixes the price at a set amount at the time of the booking. Our healthcare professionals reserve the right to revise their session pricing from time to time. The Therapy Platform has no control over the rate which Healthcare professionals apply on an individual basis. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payer would have paid for the scheduled services if you do not cancel your appointment within 24 hours of booking.
Website Links.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
Ownership.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Therapy Platform, its licensors or other providers of such material and are protected by the Singapore Copyright Act as well as international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Trademarks.
Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of The Therapy Platform or other entities. You are not authorized to use any such Marks without the express written permission of The Therapy Platform. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Termination.
You may delete your account with The Therapy Platform by informing us through contact@thetherapy.co. Upon receiving your instruction to delete your account, all your account information will be deleted on a permanent basis and cannot be retrieved thereafter. The Therapy Platform may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, The Therapy Platform reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, The Therapy Platform will have no further obligation to provide the Services, except to the extent which you have not expressly wished to delete. If you have expressed a wish for The Therapy Platform to delete all your healthcare records, you will thereupon release The Therapy Platform any and all responsibility pertaining to all your interaction with The Therapy Platform and all its Healthcare Professionals.
Right to Modify.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis which you have not expressly wished to delete. If you have expressed a wish for The Therapy Platform to delete all your healthcare records, you will thereupon release The Therapy Platform of any and all responsibility pertaining to all your interaction with The Therapy Platform and all of its Healthcare Professionals. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our Terms of Use. We will notify our users via email when there are major changes that can affect their use of this Site. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE THERAPY PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE THERAPY PLATFORM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification.
You agree to indemnify, defend and hold harmless The Therapy Platform, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
Geographical Restrictions.
Our Services are available to worldwide users with no geographical restrictions. However, users who engage our Services outside of Singapore agree that the Terms of Use and anything arising therefrom will be governed by the laws of Singapore.
Disclosures.
We endeavor to verify certification and the authenticity of the membership pertaining to professional bodies/associations which our Healthcare Professionals have claimed. However, we offer no guarantee on the legitimacy of all information provided by our Healthcare Professionals given that the investigation on the legitimacy of all related institutions is beyond our scope of expertise and we rely on checks with localized professional bodies and/or government agencies for our information.
You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the country and/or state where the Healthcare Professional is registered. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.
Information pertaining to professional association membership and/or professional licensing board which our Healthcare Professionals have registered is available on individual Healthcare Professional profile page on our Site. If you seek further information on the professional background of our Healthcare Professional, you may write to us at contact@thetherapy.co We will review your request on a case by case basis within reasonable extent decided under our sole discretion.
Any clinical records created as a result of your use of the Services will be securely maintained by The Therapy Platform on behalf of The Therapy Platform Professionals for a period that is no less than the minimum number of years such records are required to be maintained under Singapore law, and which is typically at least six years, or while The Therapy Platform is in operation, whichever is sooner. In the event The Therapy Platform ends its operation or is merged with another business entity, all your healthcare records will be securely destroyed in order to uphold our promise of confidentiality towards all our users. You have the right to have a record of all your healthcare records except your session notes at any point during our operation of business but not beyond six years of keeping. Healthcare Professionals whom you engage within and only within our Site can have access to your healthcare record. We do not facilitate transfer of your healthcare record to healthcare professionals outside of business operation.
Governing Law and Jurisdiction
a) These Terms of Use and your use of the Site shall be governed by the laws of Singapore, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by mediation or final and binding arbitration in Singapore under the rules of the Singapore International Arbitration Centre (SIAC). The following provisions shall apply in this regard:
b) Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
c) The seat of the arbitration shall be Singapore.
d) The Tribunal shall consist of one (1) arbitrator.
e) The language of the arbitration shall be English.
f) The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.
Notwithstanding the above, either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Singapore, for any action related to these Terms of Use.
Miscellaneous.
a. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to:
(1) by e-mail, using the address that you provided to us during registration,
(2) short messaging service (“SMS”) text message to the mobile number you provided us during registration,
(3) push notifications on your mobile device, or
(4) by posting theCommunications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deleting your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling The Therapy Platform Member Support.
b. No waiver by The Therapy Platform of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Therapy Platform to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
c. The Therapy Platform devotes considerable effort to optimizing signal strength but is not responsible for the internet or data bandwidth and signal of your mobile device.
