Specialist Terms of Service
We provide an online counselling platform to allow You as the “Specialist” (Counsellor, Therapist or other practitioner) to offer your services online via video call, voice (audio) call, instant message or email message directly through our Website PlusGuidance.com.
THE CONTRACT
These Terms of Service ("Terms") govern the relationship between you the Specialist ("You" or “Your”) and Plus Guidance Limited (“Plus Guidance” or “us” or “we” or “our”), and Your use of Our “Platform” (“PlusGuidance.com” or “Website” or “Site”) to provide counselling, therapy and other guidance services to Clients solely in accordance with your obligations and duties as a licensed provider of such services.
These Terms constitute the contract between You and Us. By subscribing to use our Platform you are deemed to accept The Terms.
The Terms, together with any document referred to therein, contain the entire agreement between You and Us.
PlusGuidance.com can make changes to The Terms in its sole discretion and notify You of these changes. By continuing to subscribe to our Platform after notification then you are deemed to have accepted the revised terms.
Use of our Platform is expressly conditioned on (a) your compliance with your professional duties as a qualified and verified professional, registered with an approved governing body; and (b) acceptance of this Terms of Service. The obligations set forth in this Terms of Service are in addition to, and not in lieu of, your professional and legal obligations as a qualified, registered or verified provider of counselling, therapy and other guidance services. If you are unable to simultaneously comply with your obligations under this Terms of Service as well as your professional and legal obligations, you may not use the Platform.
Please take the time to carefully read the Terms of Service which will govern your use of PlusGuidance.com to provide counselling, therapy and other guidance services to Clients. In order to use the Platform or participate in any services offered by Plus Guidance you must read this Terms of Service and indicate that you understand and accept all of the terms and conditions herein. If you decide not to agree to the terms and conditions discussed herein, you may not use the Platform.
These terms and conditions apply to any use by you of the Platform on this website, including without limitation all services available at http://www.PlusGuidance.com (the “Site”) or Plus Guidance Platform accessible through other sites, such as a personal webpage or Plus Guidance partner.
In addition to this document, in connection with your use of the Platform, you are also bound by the Privacy Policy, as well as the guidelines, rules, schedules, disclosures, disclaimers, amendments to this Terms of Service and other terms that we post on the Site or otherwise provide or make available to you from time to time, each of which are hereby incorporated by reference.
THE PARTIES
Throughout this Terms of Service, the words “Plus Guidance,” “we,” “us,” or “our” mean, collectively, Plus Guidance Limited, and all of their respective affiliates, successors or assigns. “You” or “your” means the Specialist who is a qualified and verified provider of counselling, therapy and other guidance services, registered with an approved governing body, who creates an account with Plus Guidance which is accessible through the Platform, or any website or partner that offers Plus Guidance’s Platform. “Authorised Person” means any user who has accepted this Terms of Service or the Client Terms of Service and accessed or used the Platform in accordance herewith. “Client” means an Authorised Person who uses the Platform to find a Specialist and/or receive counselling and/or therapy and/or guidance services via the Platform.
DESCRIPTION OF THE PLATFORM
The “Platform” shall mean all communications, Sessions, features, products, functions and other services available or otherwise used by you on or through the Site or a website that embeds or makes available Plus Guidance’s Platform.
You may use the Platform to provide counselling services to Clients who are your private paying clients, whose insurer, employer or other payor has entered into an agreement with Plus Guidance to make the Platform available to you and the Client (individually, a “Payor”, and collectively, “Payors”), or whose insurer, employer or other payor has not entered into an agreement with Plus Guidance (individually, an “Other Payor”, and collectively, “Other Payors”).
A “Session” shall mean a single instance in which You provide counselling, therapy or other guidance services to a Client through PlusGuidance.com via either a single email or via video call, voice (audio) call or instant message. By definition a Session will have previously been purchased by a Client on the Platform and booked in by You and the Client at a specific time, and does not include communication between you and your clients via the free messaging features on the Platform.
ELIGIBILITY
By using the Platform, you represent and warrant that:
(a) You have the legal capacity and authority to agree to the terms and conditions of this Terms of Service;
(b) All registration information and session information you submit (including but not limited to your insurance and membership to a professional body information) is accurate and truthful;
(c) You will maintain the accuracy of such information;
(d) You are, and will be at any time that you use the Platform and Website, qualified, registered or verified, as applicable, in good standing, and shall meet all other legal requirements, to provide counselling, therapy and other guidance services to Clients in the countries in which you provide those services using the Platform and Website;
(e) At any time that you are no longer qualified, registered or verified, as applicable, or otherwise permitted in a country to provide counselling services to Clients, you will immediately cease to use the Platform and Website to provide counselling, therapy or other guidance services in that country and shall notify Plus Guidance of such restriction or cessation;
(f) You are a provider of counselling, therapy or other guidance services who is contracted, credentialed and in good standing with those Payors listed in your Profile (as defined below) to provide counselling Platform to Clients;
(g) At any time that you terminate your contract with a Payor, or are otherwise restricted from providing counselling services to a Payor’s Clients, you shall immediately cease providing counselling services to such Payor’s Clients using the Platform and the Website and shall notify Plus Guidance of such restriction or cessation; and
(h) Your use of the Platform does not violate any applicable law or regulation.
Your Profile may be removed and your participation and account may be terminated without warning if Plus Guidance believes that you are in breach of any of the foregoing representations and warranties.
YOUR RESPONSIBILITIES AND LIABILITIES
Except as specifically set forth in this Terms of Service, you will be solely responsible for providing all equipment, supplies and services that are required for the effective provision of counselling services utilising the Platform in accordance with all applicable laws and applicable Payor and Other Payor requirements. Specifically, but without limitation, you shall provide, maintain and provide all services hereunder using the minimum technology standards set forth in the Minimum Requirements, as such standards may be modified from time-to-time and communicated to you by Plus Guidance by email.
You will complete such training regarding the Platform as may be required by Plus Guidance and communicated to you by email or secured messaging initially and from time to time throughout your use of the Platform.
You will complete an online profile (“Profile”) describing yourself in such form and having such content as Plus Guidance may determine and communicate to you from time-to-time by email or secure messaging. You hereby consent to Plus Guidance posting your Profile and a picture of yourself on the Site.
You agree to maintain availability to treat Payors’ Clients hereunder in the same manner and to the same degree that you maintain availability to treat all other clients. You agree to notify Plus Guidance if you cease accepting new clients.
You will personally provide the counselling services provided using the Platform hereunder. You agree to use your best efforts to give Plus Guidance not less than thirty (30) days prior written notice if you decide to stop accepting new clients or will cease using the Platform. You acknowledge that it is your obligation to ensure a proper transition of care for any clients for whom you will no longer provide counselling services, or provide your clients with adequate notice of you leaving.
You will at all times provide the counselling services provided using the Platform in accordance with all applicable national laws and local regulations, as well as the applicable ethical and professional standards applicable to you now in effect or as may be adopted from time to time by any regulatory or professional standards body having jurisdiction over you. This shall include, but shall not be limited to, all national and local laws pertaining to the provision of medical/clinical services via the internet (“telemedicine”).
You represent and warrant that you will maintain the confidentiality of Client Personal Information and shall only use Client Personal Information or the Healthcare and Personal Information of other Clients or patients as permitted in this Terms of Service and consistent with national and local privacy laws.
PROFILE INFORMATION
By providing your Profile Information, You are agreeing that it can be made available to the public via our website. It is your sole responsibility to ensure that the contact and registration information in your Plus Guidance Profile is current and accurate. Profile Information includes, but is not limited to, name, address, phone numbers, email addresses, relevant qualifications to the services you provide, proof of insurance cover, details of membership with a professional body. Changes to your Profile Information can be made by You when You login to your account. You are responsible for immediately updating your Profile Information as and when it changes. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.
In the event we become aware or are notified that You have not updated and properly monitored your Profile information appropriately under these Terms, we may, in our sole discretion, remove any or all of your Profile information. If these Terms are not adhered to we also reserve the right to freeze or delete your account, and ban You from the site. If You are an organisation rather than an individual, the relevant information to be given will be of the same nature of information as it relates to a member or members of that organisation.
If your professional insurance or membership to your relevant professional body expires or is no longer active for any reason You must immediately stop providing your services on PlusGuidance.com and you must immediately notify us of this situation. If you do not adhere to both of these points You will be fully responsible for any consequences of offering your services on our Platform whilst You are still in breach of our Terms of Service.
You accept we are an online technology platform for You to provide services to Clients. By publishing your details we do not in any way provide a reference or endorsement of You, your services or your business.
You are not entitled to publish articles, advertise events, seminars or workshops, or publish information of promotions, products, special offers or any services that or not specifically counselling, therapy or other services delivered through PlusGuidance.com. We reserve the right to decide not to publish any particular part or parts of the information You provide. You expressly agree that You will not sell or trade in any materials on the Website or re-distribute these in any way or for any purpose including the compiling of any databases, lists or directories or providing commercial information to any third party or any commercial or other reason.
You agree that Plus Guidance may share Your Information with any professional body, hospital, insurance company, healthcare provider or other similar entity with whom you are professionally affiliated with (“Related Entities”). You authorise Us to make any enquiries We deem necessary of Your professional accrediting body, training bodies, insurance policy provider and other Related Entities to verify the information You provide to Us.
You agree that Plus Guidance may contact you via email regarding this Terms of Service, the Site or the Platform.
You agree that You will respond to Client scheduling requests within a reasonable amount of time, but in no event more than one business day after receipt of an Client’s request for an appointment.
PROFESSIONAL STANDARDS
You warrant that You will at all times in providing Your services comply with and seek to uphold the standards and requirements, and meet the relevant competencies, of professional guidelines set by the relevant bodies applicable to the relevant jurisdictions in which the services are provided, including guidelines as well as statutory or other mandatory requirements determining, among other matters, when the services may or may not, or should or should not, be provided; and in compliance with any relevant reporting or alerting requirements where You have reason to consider that the client may be at risk of serious self harm. Furthermore, You agree that You will advise Us if any complaint is, or ever has been, made against You.
SECURITY/CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Platform requires a computer, webcam and internet access connected through an internet service provider with a web browser.
Provider acknowledges that in the course of performing services or work under this Terms of Service, you may be given access to resources, information, and materials which are owned by Plus Guidance, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to Plus Guidance, and which constitutes valuable resources, confidential and/or proprietary information, know-how, and trade secrets belonging to Plus Guidance, their subsidiaries or affiliates, and/or third parties (hereinafter referred to as “Proprietary Information”).
You hereby agree to hold the Proprietary Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of Plus Guidance. You agree that all Proprietary Information shall be used only for the purpose of providing counselling, therapy or other guidance services on the Platform under this Terms of Service and shall not be produced, copied, in whole or in part, except as specifically authorised and in conformance with Plus Guidance’s instructions when necessary for the purposes set forth herein. You shall return all Proprietary Information, together with any copies, reproductions or other records thereof in any form, to Plus Guidance at such time as you cease using the Platform.
You agree to abide by all Plus Guidance policies and standards governing access to and use of computer resources, as such standards may be modified from time-to-time and communicated to you by Plus Guidance by email or secure messaging.
You agree to keep your username and password and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorised access to your account(s) and to prevent unauthorised use of the Platform. You agree not to give or make available your Access Information to any unauthorised individual. You will be solely responsible for any disclosure of your Access Information or use thereof by any unauthorised third party.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Platform under your username without your consent or your accounts have been accessed without your permission), you must notify us immediately.
We reserve the right to deny your access to the Platform or any part thereof, in order to maintain or restore security or performance to the Site or any other Plus Guidance sites and systems. We may also do so if we reasonably believe you are in breach of this Terms of Service or your Access Information has been or may be obtained or is being used or may be used by an unauthorised person(s).
Plus Guidance agrees not to willingly share information stored within the Plus Guidance system with third parties, except as set forth in the Privacy Policy. However, you agree to hold Plus Guidance harmless in the event information stored in the Plus Guidance system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While Plus Guidance takes measures to secure the Platform and back-up the information stored on PlusGuidance.com, you agree to hold Plus Guidance harmless for any loss of data or information stored in the system. You also agree to indemnify and hold harmless Plus Guidance for any damages you incur by using Plus Guidance.
We strongly recommend that you do not use PlusGuidance.com on public computers. We also recommend that you do not store your PlusGuidance.com password through your web browser or other software.
SPECIALIST OBLIGATIONS WITH RESPECT TO CLIENT INFORMATION
A Client may submit medical history and other personal information (“Client Personal Information”) on the Platform and authorise you to have access to such information. You acknowledge, agree, release and indemnify Plus Guidance from all claims and liability arising out of your failure to have the Client confirm their submission of their the Client Personal Information or arising out of any omissions or errors in any Client Personal Information provided by the Client.
You covenant that all use of Client Personal Information will not conflict with the Privacy Policy or your professional and legal duties and obligations. You understand that the information available from Plus Guidance, including, but not limited to, the FAQs, is to be used at your own risk.
PLATFORM FEES
You agree that You will pay the “Subscription Fee” in accordance with the current rate and the agreed time period between payments, as agreed between You and Us from time to time or varied at our discretion, to be eligible to use the Platform. The current rates are displayed on the pricing information section of the Website. Plus Guidance may increase or decrease any Platform Fees upon thirty (30) days prior notice to you, solely at Our own discretion.
Non-payment of any fees will result in suspension of Your account after 3 days of payment being overdue. Accounts will only be reactivated on Our discretion and after full payment of any overdue fees.
A Free Trial Subscription means a period of time that You may use the Platform without paying the Subscription Fee. A Free Trial Subscription may be made available to You at our sole discretion.
“Handling Fees” means the cost incurred by Us to provide the entire process of an online counselling Session, including but not limited to the Session itself, the server and hosting costs, the booking, and the payment transactions between You and a Client.
Handling Fees are paid by Plus Guidance in all instances except when You have a Free Trial Subscription, are not paying the normal Subscription Fee, but are still using the Platform.
When using the Platform during a Free Trial Subscription You agree that You will pay the Handling Fee in accordance with the current rate as agreed between You and Us from time to time or varied at our discretion. Such Handling Fees will be paid to Us by deduction by Us from the payments received by Us from clients to whom You provide Your services before We make payments to You.
Payments required of you and paid to Plus Guidance represent fair market value for your use of the Platform, and are not based upon the value of any referrals to you or business otherwise generated by Plus Guidance. The Platform imposes no requirements on the session types, session prices or session times you choose for providing counselling services to a Client.
TERMINATION
We reserve the right to terminate this Terms of Service and your access to the Platform, in whole or in part, at any time and for any reason. Either party to this agreement may terminate Subscription or usage of the Platform at any time. If You terminate your Subscription within an agreed time period that a Subscription Fee must be paid, and that time period has not yet come to an end, that payment must still be made by You to Plus Guidance. For the avoidance of doubt, any payment received even if after due notice is given, will be retained by Us at our sole discretion. Refunds of any Platform Fees will be made only at Our own discretion.
ELECTRONIC COMMUNICATIONS
You agree that all electronic communications that we receive on the Platform or otherwise in connection with the Platform, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Platform, will be deemed valid, authentic and binding.
You agree (to the maximum extent permitted by law) to hold harmless Plus Guidance and its vendors and suppliers and protect and indemnify Plus Guidance and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Platform rendered by Plus Guidance 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, including but 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 Plus Guidance.
COMMUNICATION FEES AND CHARGES
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Platform.
CHANGES IN SERVICE/INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Platform or any part thereof (including, without limitation, the Platform, this Terms of Service, the scope of the Platform, and any materials related to the Platform), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Terms of Service as to all prior versions of the Platform and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Platform to which these changes relate. Your use of the Platform after we make any changes will constitute your agreement to such changes and the then current version of this Terms of Service as posted on the Site.
We may, from time to time perform maintenance upon the Platform or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
ASSIGNMENT
This Terms of Service is personal to you and you may not assign this Terms of Service or your rights to the Platform to any other party. We expressly reserve the right to assign this Terms of Service and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Terms of Service to independent contractors or other third parties.
NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy 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 rights or remedies on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Platform or any other Plus Guidance site.
LIMITATION OF LIABILITY
You acknowledge that Plus Guidance is not a health care provider, licensed or otherwise. Plus Guidance cannot and will not assume responsibility for or control over the care of any patient, which shall, at all times remain your responsibility. Plus Guidance will not be responsible for the assignment of staff to treat Clients or any other activity that involves the practice of counselling, therapy, other guidance services, medicine or the provision of health care services.
You acknowledge and agree that Plus Guidance is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your Information, Client Personal Information, other data provided by Client, or any other data or information provided or received through the Site or the Platform, (ii) the results that may be obtained from the use of the Platform, (iii) the provision of your services as a result of your reliance on any Client Personal Information or other data provided by Client, through the Platform, or (iv) the cancelling or rescheduling of any appointment booked through the Platform by any Client.
Except as otherwise expressly provided herein, your use of the Platform is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE ENTITIES COMPRISING PLUS GUIDANCE OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) LOSS OF PROFITS, LOST REVENUE, COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM, OR THE INABILITY TO ACCESS OR USE THE PLATFORM, WHETHER CAUSED BY PLUS GUIDANCE OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL PLUS GUIDANCE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR OUR SERVICES IN THE LAST 30 DAYS.
INDEMNIFICATION
You will defend, indemnify and hold Plus Guidance and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any service or treatment provided by you to a Client resulting from your use of the Platform or the Site, or (ii) any breach of a representation or warranty hereunder.
WARRANTY DISCLAIMER
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PLATFORM 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. WHILE PLUS GUIDANCE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE PLATFORM, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, PLUS GUIDANCE MAKES NO WARRANTY THAT (i) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE PLATFORM WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Nothing contained in the Platform is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
NO INDUCEMENT
This Terms of Service has been negotiated in good faith through arms’ length negotiations. Nothing contained in this Terms of Service, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or service, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with a Client’s right to choose his or her own health care provider.
SEVERABILITY
If any provision of this Terms of Service is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
INDEPENDENT CONTRACTORS
The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
COLLECTION EXPENSES
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses under this Terms of Service, including arbitration fees, attorneys' fees and court costs.
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