Terms And Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our You Consult Application through which counselling may be provided (collectively the "App").
By accessing or using the App, you are entering into this Agreement. You should read this Agreement carefully before starting to use the You Consult App.
When you visit the App or send us emails, you are communicating with us electronically. You consent to the receipt of electronic communications from the App and agree that all agreements, notices, and other disclosures communicated to you by the App electronically (whether by electronic mail, by posting at the Website, or by other electronic means) satisfy any legal requirement that such communication be in writing.
If you do not agree to be bound to any term of this Agreement, you must not access the App.You Consult reserves the right to amend these Terms at its sole discretion at any time by posting them on the Website.
Changes shall automatically be effective upon posting. You Consult reserves the right to add, modify or remove any information and/or services from the Website at any time.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any party that owns and operates the App (the "Company").2. The Counselors and Counselor Services (change counselling to consulting allthoughout)
The App may be used to connect you with a Counselor who will provide services to you through the App (“Counselor Services”).
We require every Counselor providing Counselor Services on the App to be an accredited, trained, and experienced licensed psychologist (PhD / PsyD), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), or similar applicable recognized professional certification based on their state and/or jurisdiction. Counselors must have a relevant academic degree in their field, at least 5 years of experience, at least 2,000 hours of hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or are not a substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (IN YOUR COUNTRY) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE APPLICATION IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE APPLICATION IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE APPLICATION.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE APPLICATION.3. Report and Rate the Experience
Terms and conditions can vary according to suitability and even without prior notice4. Privacy and Security
When you register as a User on the Applcation, you create your online account by entering your personal information and establishing a user name and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords and accounts.
Your account information is password-protected for your privacy and security. Password are encrypted using the latest encryption tools.
When you register on the Application, we ask for your name, email address, birth date, gender. Once you register and sign in to our Website, you are not anonymous to us.
The Application also automatically receives and records information on our server logs from your browser including your IP address, in addition to cookie information and the page you requested.
It is your sole responsibility to:
In case the password is lost or proven to be stolen You Consult will provide users with a reset password page. In this case You Consult may withhold providing you with another or substitute password until you provide satisfactory proof of your identification.
You agree that any content you provide on the Application and your use of the Application shall not for any unlawful purpose;
The Application gives you the ability to edit Your account information and preferences at any time.
You may terminate your account by notifying on ………...
You Consult reserves the right at any time, without previous notice, for any or no reason and you agree to hold them free from any liability whatsoever in case the app:
You hereby confirm that you are above 18 years of age and are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Application, and the information that you will provide in or through the Application in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Application, including the Counselor Services, are for your own personal use only and that you are not using the Application or the Counselor Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Application’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Application and your relationship with the Counselors and us.
If you receive any file from us or from a Counselor, whether through the Application or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Application; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Application; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.7. Modifications, Termination, Interruption and Disruptions to the Application
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Application, any part of the Application or the use of the Application, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Application depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Application’s reliability and accessibility, you understand and agree that no Application can be 100% reliable and accessible and so we cannot guarantee that access to the Application will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.8. Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE APPLICATION, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE APPLICATION.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE APPLICATION IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE APPLICATION WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.9. Notices
We may provide notices or other communications to you regarding this agreement or any aspect of the Application, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to [email protected] [email protected]10. Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the LEBANON excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Lebanese law. You irrevocably consent to the personal jurisdiction of the aforementioned court and hereby waive any objection to the exercise of jurisdiction by the aforementioned court.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
Users hereto agree to indemnify and save harmless the App and including, where applicable, their respective affiliates, directors, employees and agents (each such party being an "Indemnified Party") harmless from and against and agree to be liable for any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, including any investigation expenses incurred by any Indemnified Party, to which an Indemnified Party may become subject by reason of the terms and conditions of this Agreement.
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
You Consult is the owner of all right, title, and interest in and to each of the Copyrights, free and clear of all liens and other adverse claims. All the Copyrights have been registered or are in the process of being registered and are currently in compliance with formal requirements, are valid and enforceable.
We may change this Agreement by posting modifications on the Application. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Application after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Application and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
In case of discrepancies between ENGLISH /ARABIC and FRENCH versions, the ENGLISH version is to be used.
Last Updated: 28 June 2020