These Terms governs your use of E-THERAPY to provide behavioural health therapy/counselling and nutritional health therapy/counselling services to End Users (as defined below), solely in accordance with both your obligations and duties as a licensed provider of such services. Use of the Services is expressly conditioned on (i) your compliance with your occupational services as a licensed, registered or certified professional; and (ii) acceptance of this Terms of Services. In this Terms of Services there are obligations set forth that are in addition to, and not in lieu of, your legal as well as professional obligations as a licensed, registered or certified provider of behavioural and nutritional health counselling services. If you are unable to simultaneously comply with your obligations under this Terms of Services as well as your legal and professional obligations, you may not use the Services.
Please take the time to carefully review the Terms of Services which will govern your use of E-THERAPY to provide behavioural health counselling and nutritional health services to End Users. In order to participate in any Services offered by E-THERAPY you must read this Terms of Services and indicate that you understand and accept all of the terms and conditions herein. If you choose to not agree to the terms and conditions discussed herein, you may not use the Services.
These terms and conditions apply to any use by you of the Services on this website, including without limitation all Services available at http://www.e-therapy.co.uk (the “Site”) or E-THERAPY services accessible through other sites, such as a personal webpage or an E-THERAPY partner.
Throughout this Agreement, the words “E-THERAPY,” “we,” “us,” or “our” mean, collectively, E-THERAPY Limited and all of our respective affiliates, “You” or “your” refers to the Authorized Person who is a licensed provider of counselling services who establishes an account with E-THERAPY which is accessible through the Services, the Site, or any website or partner that offers E-THERAPY’s services. “Authorized Person” refers to any user who has accepted this Terms of Services or the End User Terms of Service and proceeded to access or use the Services in accordance herewith. “End User” means an Authorized Person who uses E-THERAPY to find a provider and/or receive therapy/counselling services through E-THERAPY.
DESCRIPTION OF SERVICES
The “Services” shall mean all communication services, products, features and services available or otherwise used by you on or through the Site or a website that embeds or makes available E-THERAPY’s services. You may use the Services on the site to provide therapy/counselling services to End Users who are your private paying clients, whose sponsoring health plan, insurer, employer or other payor has entered into an agreement with E-THERAPY to make the Services and Site available to you and the End User (referred to on an individual basis as a “Payor”, and collectively, “Payors”), or whose sponsoring health plan, insurer, employer or other payor has not entered into an agreement with E-THERAPY (individually, an “Other Payor”, and collectively, “Other Payors”).
By using the Services, you represent and sanction that:
- You have the legal capacity and authority to agree to the terms and conditions of this Terms of Services;
- All registration information and session information you submit (including but not limited to your licensure information) is correct and truthful;
- You will maintain the accuracy of such information;
- You are, and will be at any time that you use the Services and Site, licensed, registered or certified, as applicable, in good standing, and shall adhere to all other legal requirements, to provide therapy/counselling services to End Users in the jurisdiction in which you provide those services using the Services and Site;
- At any time that you are no longer licensed, certified or registered, as applicable, or otherwise permitted in your jurisdiction to provide therapy/counselling services to End Users, you will immediately refrain from using the Services and Site to provide therapy/counselling services in that Jurisdiction and shall notify E-THERAPY of such restriction or cessation;
- You are a health care provider who is credentialed, contracted and in good standing with those insurance companies listed in your Profile (as defined below) to provide therapy/counselling services to End Users;
- At any time that you terminate your contract with an insurance company, or are otherwise restricted from providing therapy/counselling services to an insurance company’s End User, you shall immediately cease providing therapy/counselling services to such insurance company’s End Users using the Services and the Site and shall notify E-THERAPY of such restriction or cessation; and
- Your use of the Services does not violate any applicable regulation or law.
Your profile may be removed and your participation may be terminated without warning if E-THERAPY considers that you are in breach of any of the foregoing representations and warranties.
YOUR RESPONSIBILITIES AND LIABILITIES
Except as specifically stipulated in this Terms of Services, you will be solely responsible for providing all equipment, supplies and services that are required for the effective provision of therapy/counselling services utilizing the Services and Site in accordance with all applicable laws and applicable insurance company requirements. Specifically, but without any limitation, you shall provide, maintain and provide all services hereunder using the minimum technology standards set forth in technical Requirements, as such standards may be modified from time-to-time and communicated to you by E-THERAPY by email or secure messaging. You will complete such training regarding the Services and Site as may be required by E-THERAPY and communicated to you by email or secured messaging initially and from time to time throughout your use of the Service and Site. You are required to complete an online profile (“Profile”) describing yourself in such form and having such content as E-THERAPY may determine and communicate to you from time-to-time by email or secure messaging. You hereby consent to E-THERAPY posting your Profile and a picture of yourself on the Site. You agree to maintain availability to treat Insured End Users hereunder in the same manner and to the same degree that you maintain availability to treat all other clients. You agree to notify E-THERAPY if you cease accepting new clients. You will personally provide the therapy/counselling services provided using the Services and Site hereunder. You agree to use your best efforts to give E-THERAPY not less than thirty (30) days prior written notice if you decide to stop accepting new clients, plan leave that will exceed three weeks in duration, or will cease using the Services and Site. You acknowledge that it is your duty to ensure a proper transition of care for any clients for whom you will no longer provide therapy/counselling services. You will at all times provide the therapy/counselling services provided using the Services and the Site in accordance with all applicable national regulations and laws, as well as the applicable ethical and professional standards applicable to you now in effect or as may be adopted occasionally by any regulatory or professional standards body having jurisdiction over you. This shall include, but shall not be limited to, all national laws pertaining to the provision of healthcare services via telemedicine. You warrant and represent that you will maintain the confidentiality of End User Personal Information and shall only use End User Personal Information or the healthcare and personal information of other patients as allowed in this Terms of Services and consistent with national privacy laws. In order to provide the Services, E-THERAPY shall make information concerning you, including, without limitation, (i) your practice address, phone number, email and fax, (ii) photograph, and (iii) general practice information (collectively, “Your Information”), available on the Site and as part of the Services made available by E-THERAPY to End Users of the Site. It is your sole responsibility to ensure that the licensure and contact information in your E-THERAPY Profile is current and accurate. This contact information includes, but is not limited to, your full name, address, phone numbers, e-mail addresses, account numbers and types of licensure. Any changes to your contact information can be made in the Site’s personnel section. You will promptly update and notify E-THERAPY of any change in this information. You are solely responsible for any liability or expense resulting from inaccurate or outdated information. You agree that E-THERAPY may share Your Information with any hospital, healthcare provider or insurance company, or other similar entity with whom you are professionally affiliated (“Related Entities”) for the purposes of sanctioning the Related Entities to use, display and reproduce Your Information to their clients or patients and/or to book appointments through the Services on their behalf. You agree that E-THERAPY may contact you via email regarding this Terms of Services, the Site or the Services. You will respond to End User scheduling requests within an acceptable amount of time, but no longer than two business days after receipt of an End User’s request for an appointment.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
HIPAA AND NATIONAL PRIVACY LAWS
As a Treatment Provider, you could be a Covered Entity for the purposes of compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), and you may also be subject to similar national laws. Accordingly, information you collect could be protected under HIPAA and national privacy laws. All Covered Entities must enter into a Business Associate Agreement with E-THERAPY. E-THERAPY is a technology provider, not a Covered Entity, and is only responsible for complying with HIPAA and its regulations as a Business Associate. You understand that compliance with HIPAA and national privacy laws is solely your responsibility. While use of E-THERAPY’s technology is designed to provide security of information as required by HIPAA, E-THERAPY makes no warranty or representation that compliance with this Terms of Services or use of its products or services will be satisfactory or adequate in order to fully comply with HIPAA or national privacy laws.
TREATMENT PROVIDER OBLIGATIONS WITH RESPECT TO END USER INFORMATION
Payments required of you represent fair market value for your use of the Services, and are not based upon the value or volume of any referrals to you or business otherwise generated by E-THERAPY. The Services impose no requirements on the manner in which you provide therapy/counselling services to an End User.
LINKED PAYMENT PROCESSING ACCOUNTS
Any “linked” payment processing accounts with third parties (for example PayPal) will appear in your E-THERAPY profile on the Site, and at least certain summary information for all such accounts will be viewable.
DIRECT DEPOSIT OF PROVIDER FEES
In the event that payment is due to you by or through E-THERAPY for your provision of behavioural/counselling/nutritional health therapy services, by filling in the information in your Profile, including your designation of a bank account/PayPal account for the direct deposit of amounts owed to you, you are authorizing E-THERAPY to make deposits to the account. This authorization will remain in effect until such time that you cancel the authorization in your Profile.
You agree that all electronic communications that are received on the Site or otherwise in connection with the Services, such as those instructing us to take an action in regards to your account, that match your Access Information or other identity information you supplied when enrolling in or using the Services, will be deemed valid, authentic and binding. You agree (to the maximum extent permitted by law) to hold harmless E-THERAPY and its vendors and suppliers and protect and indemnify E-THERAPY and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, acceptable court costs and legal fees) of any kind, direct or indirect, arising out of or in any way linked with any Services rendered by E-THERAPY 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, which includes but is 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 E-THERAPY.
COMMUNICATION FEES AND CHARGES
You agree to be completely responsible for any telephone charges and/or Internet service fees that you incur in accessing your account(s) via the Services.
CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, permanently or temporarily, the Services or any part thereof (including, without limitation, the Site, this Terms of Services, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we do reserve the right to terminate this Terms of Services at any time as to all prior versions of the Services and/or related materials and restrict access to our more recent versions and updates. You may choose to accept or decline our changes by closing, discontinuing or continuing use of the Services to which these changes relate. Your use of the Services after any implemented changes will constitute your agreement to such changes and the then current version of this Terms of Services as posted on the Site. We may occasionally perform maintenance upon the Services or experience hardware, software or other problems related to the Services – which may result in interrupted service, errors or delays in the Services. We will endeavour to supply prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be supplied.
We reserve the right to terminate this Terms of Services and your access to the E-THERAPY Services, in whole or in part, at any time and for any reason.
This Terms of Services is personal to you and you may under no circumstances assign this Terms of Services or your rights to the Services to any other party. We expressly reserve the right to delegate this Terms of Services and to assign any of its obligations hereunder, under only our discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Terms of Services to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder except if such waiver is in writing and signed by us. No delay or exclusion on our part in exercising any remedy or right 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 remedies or rights on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for worms, viruses, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Site or any other E-THERAPY site.
LIMITATION OF LIABILITY
You acknowledge that E-THERAPY is not a health care provider, licensed or otherwise. E-THERAPY will not and cannot assume responsibility for or control over the care of any client, which shall, at all times remain your responsibility. E-THERAPY will not be responsible for the assignment of staff to treat End Users or any other action that involves the practice of medicine or providing health care services. You acknowledge and agree that E-THERAPY is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your Information, End User Personal Information, other data provided by End User, or any other data or information provided or received through the Services or the Site, (ii) the results that may be gathered from the use of the Site or the Services, (iii) the provision of your services as a result of your reliance on any End User Personal Information or other data provided by End User, through the Site or the Services, or (iv) the rescheduling or cancelling of any appointment booked through the Services or the by any End User. Except as otherwise expressly provided herein, your use of the Services is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE ENTITIES COMPRISING E-THERAPY OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS,EMPLOYEES OR DIRECTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SITE IS LIABLE FOR (I) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) LOST REVENUE, LOSS OF PROFITS, COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE SITE OR SERVICES, WHETHER CAUSED BY E-THERAPY OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING.
You will defend, indemnify and hold E-THERAPY and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, proceedings, actions, losses, liabilities, damages and expenses, including reasonable legal fees and amounts paid in settlement or awarded by a court, arising from or related to (i) any services or treatment provided by you to an End User resulting from your use of the Services or the Site, or (ii) any breach of a representation or warranty hereunder.
DISPUTE RESOLUTION AND GOVERNING LAW
The terms and conditions contained in this Terms of Services shall be construed under and governed by the laws Great Britain and any dispute arising from this Terms of Services or the breach of this Terms of Services shall be governed by the laws of Great Britain. You agree that any dispute, controversy or disagreement stemming from or relating to this Terms of Services, the breach thereof, or the subject matter thereof, shall be exclusively settled by binding arbitration, which shall be conducted in accordance with the relevant Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Arbitration, and which to the extent of the subject matter of the arbitration, shall be binding not only on all parties to the Terms of Services, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
WITHOUT LIMITING THE AFOREMENTIONED, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES AND THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY STEMMING FROM ANY PERFORMANCE OR COURSE OF DEALING OR USAGE OF TRADE. WHILE E-THERAPY MAKES EVERY EFFORT TO PROVIDE CORRECT INFORMATION IN RELATION TO THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, E-THERAPY MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE PROCURED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, RELIABLE OR COMPLETE. Nothing found in the Services is intended to provide medical, legal, accounting, financial, tax, business advice. On such matter you should always consult your own professional advisor.
This Agreement has been mediated in good faith through arms’ length negotiations. Nothing contained in this Agreement, including any compensation payable or paid, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates concerning referrals of business, or recommending the ordering of any kind of items or services, to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with an End User’s right to pick his / her own health care provider.
If any provision of this Agreement is unenforceable or void, such unenforceability or ineffectiveness shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any other jurisdiction.
The parties’ relationship shall be that of independent contractors. Neither party will represent that it has any authority to create or assume any obligation, implied or express, on behalf of the other party, or to represent the other party as employee, agent or in any other capacity, except as specifically provided herein.
AREA OF SERVICE
Unless otherwise agreed by E-THERAPY, the Services described in this Terms of Services are solely offered within Great Britain and the European Union.