Terms and Conditions Psyclarity
IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN MUST ACCEPT THESE TERMS ON YOUR BEHALF. YOUR PARENT MUST ALSO CONSENT TO YOUR DISCLOSURE OF PERSONAL INFORMATION PRIOR TO RECEIPT OF OUR SERVICES.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES IMMEDIATELY.
“Content” means all text, documents, images, and other materials that are available or become available on this Site.
“Logon Credentials” means the user id and password you created when you registered on the Site.
“Practitioner” means the clinician or therapist with whom you receive therapy or counseling services.
“Services” means the counseling and therapy services provided by the Practitioners through the Site.
“Virtual Room” means the portion of the Site accessible only with your Logon Credentials where you can pay your bill, read and send private messages to/from your practitioner, access forms posted by your practitioner, and wait to receive the Services.
APPLICABILITY OF TERMS
Nature of the Services
Through the Site you will have the opportunity to receive therapy or counseling from a Practitioner that is authorized to use the Site. The Services are conducted via the Internet. If you have not been referred to the Site by one of the Practitioners, you may select a Practitioner by clicking the link “Find a Therapist” on the Site. In order to schedule a conference session with your Practitioner you must register, receive Logon Credentials, and be able to use the Psyclarity platform.
If you are not a patient of a Practitioner prior to coming to the Site, you will be entitled to up to maximum of 3 complimentary 10-minute consultations to assist you in determining with which Practitioner you would like to establish a relationship. Each complimentary consultation must be with a different Practitioner. Practitioners have the option to accept or deny your connection request.
Prior to receiving the Services you will need to complete the registration process. This process will include completion of an information form. The information will be used to create the profile in the “My Profile” section of the Site (“Profile”). The information collected includes, but is not limited to your name, address, email address, telephone number, health information and the nature of the services you are requesting.
PAYMENT FOR THE SERVICES
Payment for the Services is handled solely by the Psyclarity. PSYCLARITY ASSUMES NO RESPONSIBILITY FOR YOUR USE OF ANY PAYMENT PROCESSING SYSTEM PROVIDED BY THE CLINICIANS. WHEN YOU SUBMIT YOUR CREDIT CARD INFORMATION FOR PAYMENT OF THE SERVICES, YOU DO SO UNDER THE TERMS AND CONDITIONS THE CHOSEN PAYMENT GATEWAY/SERVICE SPECIFYS. WE DO NOT GUARANTEE THE SECURITY OF YOUR INFORMATION WHEN PROCESSED BY THESE PAYMENT GATEWAY(S)/SERVICE(S).ACCESS TO THE SITE
Psyclarity grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the Content for your own personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way and the content will be properly referenced to psyclarity. Psyclarity reserves the right to restrict your access to part or the entire Site (including any areas you access using your Logon Credentials) at any time without notice or liability.
You understand that therapy conducted online is technical in nature and that problems may occur with internet connectivity. Internet availability may be limited or disrupted by things such as server maintenance, upgrades, or other problems (such as software or hardware malfunction). Any problems with internet availability or connectivity are outside the control of the Psyclarity and Psyclarity makes no guarantee that such Services will be available.
Additionally, although Psyclarity has taken substantial steps to ensure the confidentiality and privacy of the Site, Psyclarity cannot guarantee the security of any internet transmissions or communications. YOU AGREE TO TAKE FULL RESPONSIBILITY FOR THE SECURITY OF ANY COMMUNICATIONS OR TREATMENT ON YOUR OWN COMPUTER AND IN YOUR OWN PHYSICAL LOCATION. You agree to release and indemnify Psyclarity from all suits, claims, and other actions originating from your use of the Site.
You may download documents from this Site for your own personal, non-commercial use provided you do not modify the documents and keep all copyright, trademark and other proprietary notices intact. You may not further distribute or display documents you download or any other Content for any purpose.
It may be necessary for you to share information with your Practitioner in connection with receipt of the Services. This feature will allow you to upload files, documents, or images that you want your Practitioner to view. Items uploaded into this section of the Site are viewable by any Practitioners that you are connected with on our Site. You represent and warrant that you have acquired the necessary rights and licenses to post such documents on the Site. You agree not to upload any images that are distasteful, inappropriate, contain nudity, appear hateful, threatening, violent, or pornographic. You grant Psyclarity a royalty-free, non-exclusive license to post, store, and allow download of any document you upload to the Site. Any uploaded document may be removed by Psyclarity at any time, in our sole discretion.
The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. These websites are not controlled by Psyclarity and do not constitute an endorsement by us.
Practitioners have a contractual relationship with us under which they are allowed to use the Site to provide Services to you. PLEASE NOTE THAT THE PRACTITIONERS ARE NOT EMPLOYEES OR AGENTS OF PSYCLARITY. ALL SERVICES RENDERED BY PRACTITIONERS ARE THROUGH THEIR OWN COMPANIES OR ENTITIES. PSYCLARITY ASSUMES NO RESPONSIBILITY FOR THE ACTIONS ADVICE OR COUNSELING OF THE PRACTITIONERS, OR ANY INFORMATION THEY PROVIDE THROUGH THIS SITE OR THEIR PROVISION OF SERVICES PROVIDED HEREUNDER. PSYCLARITY MAKES NO WARRANTIES WITH RESPECT TO THE PRACTITIONERS AND SHALL NOT BE LIABLE FOR THE ACTIONS OF THE PRACTITIONERS UNDER ANY CIRCUMSTANCES. UNDER NO CIRCUMSTANCES SHALL PSYCLARITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE ACTIONS OF THE PRACTITIONERS, INCLUDING BUT NOT LIMITED TO THE PROVISION OF SERVICES THROUGH THE SITE.
PROPRIETARY RIGHTS AND THIRD PARTY CONTENT
The Site and the Content (excluding Third Party Content as defined below) (“Copyrighted Material”), are all the copyrights of Psyclarity. You hereby acknowledge the confidentiality of the Copyrighted Material and agree to maintain its confidentiality. You agree not to use any Copyrighted Material without the prior written permission of Psyclarity.
All trademarks and service marks used on the Site are marks of Psyclariy or authorised third parties. You agree not to use any marks contained on this Site without the prior written permission of Psyclarity.
You understand and acknowledge that the Site and the Content may include data, statistics, articles and other information supplied by third parties ("Third Party Content”). Third Party Content is the intellectual property of those third parties. We use Third Party Content under license.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, THIRD PARTY CONTENT, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING THE ACCURACY OR SUITABILITY OF CONTENT OR THIRD PARTY CONTENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PSYCLARITY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY PSYCLARITY. PSYCLARITY DOES NOT WARRANT THAT THE FUNCTIONING OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PSYCLARITY OR ANY PRACTITIONER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENT.
YOU AGREE TO RELEASE PSYCLARITY AND ANY PRACTITIONER FROM ANY FORM OF LIABILITY OR CLAIMS THAT
COULD BE MADE AGAINST PSYCLARITY OR PRACTITIONER CONCERNING YOUR MENTAL HEALTH AND/OR PHYSICAL WELLBEING DURING THE SCOPE OF THE WORK. AS, THERE ARE MANY FACTORS THAT MAY INFLUENCE OUTCOME OVER WHICH THE PRACTITIONER OR PSYCLARITY HAS NO CONTOL WITH INCLUDED YOUR OWN WILLINGNESS TO WORK TOWARDS THE OUTCOME DESIRED.
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. You agree that in addition to any and all other remedies available Psyclarity will be entitled to obtain relief by way of a temporary or permanent injunction to enforce the obligations set forth in this Agreement.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
MODIFICATIONS TO THE SITE
Psyclarity reserves the right at any time to modify, suspend or discontinue any aspect or feature of the Site including, but not limited to, Content, hours of availability and equipment and/or software required for access or use of this Site. We may also change the terms and conditions set forth in this Agreement, and any subsequent use of the Site by you constitutes your agreement to such changed terms and conditions. We will use reasonable efforts to send you an e-mail in the event that any material changes have been made to these terms and conditions. The email will contain a link that you can click to review the revised terms and conditions.