Terms and Conditions

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 999 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

 

Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by TheraTalk Limited ("TheraTalk") and TheraTalk services available via the TheraTalk website and TheraTalk mobile apps ("App") (collectively, the "Service") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms "you," "your,"and "yourself" refer to the individual user of the Service. You hereby certify that you are (i) over the age of eighteen (18), and (ii) physically located or a resident of Hong Kong when creating your Account. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the counselors you access ("Counselor(s)") are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify TheraTalk and the Counselors you interact with from any resulting damages, costs, or claims.

 

Service Content

Other than information received directly by you from a Counselor, the Platform Content should not be considered medical advice. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, TheraTalk does not recommend or endorse any specific tests, providers, medications, products or procedures.

 

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any users or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither TheraTalk nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

 

The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:

  • these Terms are between you and TheraTalk, and not with the App Provider, and that TheraTalk (not the App Provider), is solely responsible for the App; and
  • the App Provider has no obligation to furnish any maintenance and support services with respect to the App Claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TheraTalk.

If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or TheraTalk may stop (permanently or temporarily)providing the Service (or features within the Service), possibly without prior notice to you.

 

Counselors

TheraTalk does not employ the Counselors matched through the Service. Furthermore, TheraTalk assumes no responsibility for the quality of the therapeutic services a Counselor provides, nor any act, omission or wrongdoing of any Counselor. While TheraTalk will help you match with a Counselor, help you find a new Counselor if the match is unsuccessful and follow up on any complaints about your current Counselor, TheraTalk makes no representation or warranty whatsoever as to whether you will find the Counselor’s services relevant, useful, correct, satisfactory or suitable to your needs.

 

While TheraTalk does research and verify certain documents of the Counselors using the Service, TheraTalk does not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Counselor. Your relationship relating to the Counselor services is strictly with the Counselor. TheraTalk is not involved with the actual substance of that relationship and does not validate or control any of the Counselor services. You are advised to exercise a high level of care and caution in the use of the TheraTalk. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Service may not be a full and complete substitute for a face-to-face session by a Counselor. You should never rely on or make health or well-being decisions purely on use of TheraTalk. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professionals, or by traditional face-to-face appointment; because of information or advice you received through TheraTalk.

 

Intellectual Property

All of the content available on or through the Service is the property of TheraTalk or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of TheraTalk or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

 

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THERATALK DISCLAIMS ALL WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, THERATALK DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THERATALK MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THERATALK CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

 

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT,YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE UNDER NO CIRCUMSTANCES SHALL THERATALK, ANY THERATALK LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

 

UNDER NO CIRCUMSTANCES SHALL THERATALK, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE,EVEN IF THERATALK OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by TheraTalk, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to TheraTalk. TheraTalk does not endorse the content on any third-party websites. TheraTalk is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. TheraTalk does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

 

International Use

The Service is designed for and intended for users in Hong Kong. TheraTalk makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside of Hong Kong. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside of Hong Kong, you do so on your own initiative and you are responsible for compliance with local laws.

 

Termination

TheraTalk may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. TheraTalk has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. TheraTalk reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

 

Privacy

You affirmatively consent to the fact that TheraTalk's Clinical Oversight Personnel will, as needed, review particular your "Session Transcripts" or "Rooms" in a de-identified "Safe Harbor" form for the following purposes:

 

  • During your on boarding and during the Counselor matching process to ascertain you are able to successfully engage with Counselor. This access to only de-identified Safe Harbor information may be accomplished using a TheraTalk on-boarding counselor;
  • To review your complaint about a particular issue/instance that your report about Counselor;
  • For your safety concerns or complaints of unethical Counselor practices;
  • To transition you to a new Counselor or if your account is non responsive or inactive for an extended period of time; or
  • For your quality assurance concern. You consent to TheraTalk using "Meta Data" and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of service to you or the practices of the Counselors. If your particular complaint requires review of Session Transcripts in the original form, you consent that a TheraTalk Oversight Counselor may access your account only to respond to your particular complaint or raised issue. You Consent that TheraTalk may record your calls to Customer Service to assure Quality Assurance. You affirmatively grant TheraTalk permission to have your Counselor periodically provide non content based clinical assessments of your progress to TheraTalk. You understand that the Platform provides the Counselors clinical assessments tools that serve to provide information on your mental health and well-being; and that results can be seen by your Counselor to discuss with you.

 

All de-identified data, meta-data and research data collected by TheraTalk through your use the Service remains the sole property of TheraTalk. You shall not request TheraTalk remove or delete any of such data. You agree that the email username you provide can be used by TheraTalk to send you marketing offers from the Platform. You agree that TheraTalk may collect and use all data provided to or created by the Service incompliance with TheraTalk's Privacy Policy.

 

Disputes

Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must these Terms as a court would.

 

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration TheraTalk and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.