These terms and conditions are the contract between you and Pinoy Therapy, a trading name of Isipan Limited, company number 14859935, whose registered office address is 128 City Road, London, United Kingdom EC1V 2NX (‘us’, ‘we’, ‘our’) in relation to use of our Website.
Your contract with your Therapist shall incorporate the Standard Terms set out on our Website at pinoytherapy.com, in addition to any other terms that your Therapist provides.
Definitions
‘Account’
means the records on our Website relating to you and your transactions with us.
‘Booking’
means an offer to reserve a Session at a particular time and date. ‘Book’ and ‘Booked’ shall be interpreted accordingly.
‘Content’
means the textual, visual or audio content that is encountered as part of your experience on our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content written or created by you.
‘IP’
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today, together with all rights which are derived from those rights.
‘the Regulations’
means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
‘Session’
means a discrete period of time during which a Therapist provides their therapeutic services.
‘Therapist’
means any therapist, counsellor, psychotherapist, clinical psychologist or other person who uses the Website to advertise their services, whether working for us or for themselves independently.
‘UK or EU Citizen’
means a ‘Consumer’ as defined by the Regulations, or otherwise where the context applies, any individual located in the United Kingdom or in a European Union member state who, in connection with this agreement, is acting for a purpose which is outside their business.
‘Website’
means the website at pinoytherapy.com and any other software or web pages controlled by us that provide functionality for that website.
Interpretation
In this agreement, unless the context otherwise requires:
A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
Any agreement by any person not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
References to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
The headings to the paragraphs to this agreement do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Our contract with you
Subject to these terms and conditions, we agree to provide use of our Website to you for the purpose of Booking Sessions and other functionality as described on it.
So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
If you use our Website in any way, including if you use it on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you, in respect of that action.
Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the contract between us is made.
Our relationship to you
Unless indicated clearly otherwise, we are neither a principal nor an agent in any transaction for therapeutic services, that is to say, your contract for the provision of therapeutic services is solely between you and the Therapist, not between you and us.
Our role is to provide our Website through which you may make and manage Bookings, and to take your payment on behalf of your Therapist.
We are in no way responsible for your choice to Book the services of any particular Therapist, or any aspect of the provision of their service (unless the Therapist is one who works for us).
In any dispute about the provision of therapeutic services, you should deal only with the Therapist. We have neither legal obligation nor detailed information about the service provided.
Prices
Each Therapist sets the price of a Session for their services.
The prices Therapists charge for Sessions are set out on our Website.
Subject to discounts and promotions, Sessions are offered at a fixed price. You may not negotiate different prices with your Therapist.
A Therapist may from time to time change their prices, but not so as to affect the price of any Session that starts within 48 hours of the change.
Payment
Payment will be taken immediately for Sessions you Book.
If your Therapist schedules one or more Sessions on your behalf, then we send email messages 48 hours and 36 hours before the scheduled start of the Session asking you to pay. Until the you pay, a Booking for the Session is not made.
You will pay all sums due to us or to a Therapist under this agreement by the means specified without any set-off, deduction or counterclaim.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than that on your invoice will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your payment provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will additionally owe us the sum charged to us by our merchant service provider.
All payments to your Therapist in respect of Bookings made through our Website must be made through our Website. You may not pay your Therapist directly.
For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
Booking
When your Therapist accepts your Booking, we shall confirm their acceptance by sending you an e-mail message. Until then, your Booking is not accepted.
The start time, duration and instructions for joining a Session will be confirmed to you by us when your Booking is accepted.
Recurring Bookings
If you arrange with your Therapist, they will make and accept a Booking for a Session that takes place at the same time at a recurring interval. For example, they may reserve a Session starting at 10:00 every Tuesday morning.
You may cancel recurring Bookings either by telling your Therapist or through your Account on our Website. The cancellation terms in this agreement apply to recurring Bookings in the same way that they apply to single Bookings.
Cancellation and refunds
You may cancel a Booking for a Session at any time.
Non-attendance is considered to be cancellation.
If you wish to take a planned break, for example if you are going on holiday and will not be able to attend a Session for which you have already made a Booking, then you must cancel the relevant Sessions at least 24 hours in advance through your Account on our Website. Your Therapist is unable to cancel them for you.
The following terms apply if you are a UK or EU Citizen:
Under the Regulations you have the right to cancel a contract within 14 days of making it and to receive a full refund, provided that you have not asked for work to start.
When you make a Booking, you instruct your Therapist to start preparatory work at least 24 hours before the Session starts and you acknowledge that you understand that by doing so, you forfeit your right to the statutory cancellation period.
The following terms apply to you in any case:
You agree that if you cancel or reschedule the Session fewer than 24 hours before the start of the Session then neither we nor your therapist have any obligation to refund the payment relating to that Session to you.
In cases of emergency or where you cancel or reschedule the Session with fewer than 24 hours’ notice, your Therapist may at their absolute discretion agree to refund you or attribute your payment to a different future Session.
We or your Therapist may cancel a Booking for a Session at any time before the Session starts without providing a reason. If we or they do so within 24 hours of the start of a Session for which you have already paid then we, subject to these terms and the Standard Terms, we shall refund you for that Session.
We or your Therapist may end a Session at any time during it, if we or they believe that your behaviour is, in any way and at their complete discretion, offensive or harmful to any person. If so, then neither we nor they have any liability to refund you for any part of that Session.
Ending therapy
Either you or your Therapist may end your therapy relationship at any time without giving any reason. Without regard to why you wish to end the relationship, you agree to pay us in full for all Sessions that you have Booked with your Therapist.
You may cancel Sessions that you no longer wish to attend through your Account on our Website.
Despite the therapy relationship ending, all the terms of this agreement that are intended to continue afterwards, shall do so.
Termination of this agreement
This agreement may be terminated by us, for any reason, with immediate notice. It may be terminated by you, for any reason, with at least 24 hours’ notice.
On termination by either party, any Sessions Booked shall be cancelled.
If any Sessions are due to start less than 24 hours after termination, then you agree that we are not liable to refund you for those Sessions.
Disclaimers and limitation of liability in respect of any service provided by a Therapist
We make no representation, warranty or other provision with regard to any service you Book through our Website and you acknowledge that you do not rely on any made by us, but solely on your contract with your Therapist.
So far as concerns those services, we are not liable for:
any service complying with the requirement of any law or being available; nor
any loss or expense arising from using the service of a Therapist; nor
the Therapist performing their contract.
We give no warranty, representation or undertaking whatever as to the continuing business of a Therapist or that any service provided by a Therapist will be useful or suitable for you.
You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Therapist.
No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
Terms of use of our Website
Your Account
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
You agree to accept responsibility for all activities that occur under your Account or password. You should tell us immediately if you believe some person has accessed your Account without your authority and also sign in and change your password.
Content on our Website
All Content that is published on our Website is reviewed before publication.
However, you should be aware that if any Content that you submit for publication subsequently is published, it becomes available in the public domain. We have no control who sees it or what anyone does with it.
As such, you should not include confidential information in any Content you submit for publication.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Our publishing of Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law.
Removal of offensive Content
If you are offended by any Content, you should tell us. After we receive notice of a claim or complaint we shall investigate so far as we alone decide. We shall remove the offending Content while our investigation takes place. If we judge that your complaint is without basis, we may reinstate the Content about which you have complained after the investigation has concluded.
In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Intellectual Property
We will defend our rights in all our IP, including our copyright in the Content of our Website whether provided by us or by any other party.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
You agree that at all times that you will:
not do anything which does or might reduce the value of our IP or challenge our ownership of it;
notify us of any suspected infringement of our IP; and
without our express permission, not to:
copy or replicate it for use by any other person in any way not intended by us;
make any change to it or any part of it;
publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
create derivative works from it;
use it in any way in which it is not intended to be used; and
not to use it except directly in our interest.
Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
a contractual claim arising from any service provided by or to you; and
a breach of the intellectual property rights of any person.
You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
Disclaimers and limitation of liability
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to use of our Website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We use our reasonable endeavours to confirm the accuracy of any information we place on this Website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
This Website may contain links to other websites over which we have no control of the nature, the content and the availability.
You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
The inclusion of any links on this Website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
This Website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
We aim to maintain access to our Website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that access to our Website may also be interrupted for many reasons beyond our control.
Accordingly, we make no warranty that this Website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
Nor do we make any warranty that we will correct defects and errors, nor that the Website or the server on which it is hosted are free of viruses or bugs.
We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Website.
We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this Website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
Miscellaneous matters
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
