Terms and Conditions
The following are the Terms and Conditions for the access and use by a person (User, Client or You) of the online clinic through which therapy and/or counselling is provided.
TO USE THIS SERVICE THE PERSON MUST BE AT LEAST 18 YEARS OF AGE.
The Platform is primarily intended for those who access it from within Malta and Europe. We cannot guarantee that the Platform or the information provided therein complies with law or regulation of other countries, or is appropriate for use, in other places. The information provided on this Platform is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Platform should not be considered as communicating any invitation or inducement to engage in online therapy and/or counselling outside the European Union and European Economic Area. This platform may be used among other things to facilitate (a) personal advice and information delivered specifically to you and (b) general information and content which is publicly available and not transmitted to you personally.
When the terms ‘we’, ‘us’, ‘our’ in this Agreement, they refer to any individual or company that owns and operates the platform, its directors, consultants and advisors.
The Service Providers and Psychotherapy/Counselling Services
The Platform ‘Listenin To You’ enables you to communicate with a therapist and/or counsellor for the purpose of getting Psychotherapy and/or Counselling Services.
The Service Providers are neither our employees nor agents nor representatives. Furthermore we assume no responsibility for any act or omission of any of the Service Providers.
We make no representation or warranty whatsoever as to whether you will find any of the Service Providers relevant, useful, correct, satisfactory or suitable to your needs.
Your relationship relating to the services is strictly with the Service Provider. We are not involved in any way with the actual substance of the relationship or any part of the Psychotherapy and/or Counselling Services received.
Use of the Platform
You agree to confirm and acknowledge that although the Service Provider/s may provide the Therapy and/or Counselling Services through the Platform, we cannot assess whether the provision of the said services are right and suitable for your needs.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU, OR TO OTHERS, OR IF YOU SEE 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 (112 IN MALTA) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS. THE PLATFORM IS NOT INTENDED TO PROVIDE INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
The Platform may contain other content, products or services which are offered or provided by third parties or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited) to any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
Fees and Payment
You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct. You also agree to update such information whenever necessary so that it will continue to be accurate, current and correct.
You confirm and agree to use only payment means (such as credit cards or others), which you are duly and fully authorized to use.
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, a part of the Platform or the use of the Platform, 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 that are caused by any of the aforementioned actions.
The Platform depends on various factors, such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
If for any reason you wish to cancel your booking, you are entitled for a refund provided that you cancel your booking within the stipulated time given, which is 24 hours prior to the time of appointment. The refund will be directly affected by Listening To You following a written request by the Service Provider with whom you made a booking.
Disclaimer of Warranty
You hereby release us from, and agree to not hold us liable for, any and all causes of action and claims of any nature resulting from the conduct of the Service Provider/s, or the platform, including (but without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Psychotherapist or Counsellor who may be accessed through the platform. The use of the platform is at your sole risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
Any consultation with a Therapist/Counsellor via the Platform cannot and does not replace an in-person meeting with the Therapist/Counsellor. You are encouraged to verify the information provided by the Service Providers. Any reliance on such information is done at your full and sole risk and liability.
We do not assume, and will not be liable for a) The availability of the platform or any part of the platform; or (b) any damages, harm or injury arising from or related to the platform, or the Service Provider/s.
In the event of a dispute regarding any transaction conducted via the Platform you hereby relieve us from all forms of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, but without limitation, court costs and any other legal fees, which you may have against one or more of the above.
YOU AGREE AND CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE SERVICE PROVIDER OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
ListeninToYou Platform is based in Malta. Therefore, these terms and conditions of Use, and any disputes arising out of, or related to, the Site, or use of the Site, shall be governed exclusively by Maltese law. You expressly agree to the exclusive governance of Maltese law and submit to the exclusive jurisdiction of the Maltese courts.
Your conduct and commitments with regards to your account
You hereby confirm that you are 18 years of age.
You hereby confirm that you are residing within the European Union or the European Economic Area.
You hereby confirm 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 Platform and the information that you will provide in or through the Platform in the future is accurate, true, current and complete. You also agree to update the information so it will continue to be accurate.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password. We advise you to change your password frequently and to take extra care to safeguard your password.
You agree and confirm that you are responsible for maintaining the confidentiality of any transcripts of your online counselling sessions which may be saved on your computer or otherwise recorded in printed format and to take the necessary steps to safeguard the confidentiality of any information which may be transmitted through the use of publicly accessible computers or computers which may be accessed by persons other than yourself.
You agree to notify us immediately of any unauthorized use of your Account or any other concern for breach of your account security.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access.
You agree and commit not to use the account of any other person for any reason.
You agree and confirm that your use of the Platform, including the Therapy and Counselling Services, are for your own personal use only and that you are not using the services for, or on the behalf of, any other person, or organisation.
You may save the information discussed in your online counselling session to your computer as a transcript, or print out this transcript to save for your records. You agree and confirm that any such transcripts are to be utilised solely for your own personal use and may not be divulged or used for any other purpose.
You agree and commit not to interfere with, or disrupt, any of our systems, services, servers or any of the Platform’s services including, but without limitation, obtaining unauthorized access to the aforementioned.
You agree not to violate any applicable local, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Service Providers and ListeninToYou.
If you receive any file from us, or from a Service Provider sent through the Platform, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
If you are in an emergency or life threatening situation, it is best to call the Emergency Services (Malta) on 112 (this number operates 24/7). LISTENINTOYOU.com cannot be held responsible for helping you manage a crisis online.