TERMS AND CONDITIONS FOR USERS
2. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means an account required for a User to access certain areas of Our Site, as detailed in Clause 3;
means a directory listing posted on Our Site by a Partner Therapist which shall provide details of that Partner Therapist’s business;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Match Result” means the list of Partner Therapists and related information generated from Our Site after a Questionnaire Submission and available for you to access via your Account;
“Partner Criteria” means the criteria each Partner Therapist must meet in order to be approved to become a Partner Therapist on Our Site, specifically those listed here: https://www.helsahelps.com/lgbtq-therapists
“Questionnaire Submission” means the online form a User is required to complete in order to receive Match Results;
“User” means a user of Our Site; and
“We/Us/Our” means Helsa Wellness Ltd , a company registered in England under 12124990, whose registered address is 21 Hemberton Road, London, England, SW9 9LF.
Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Certain parts of Our Site (including the ability to get Match Results) require an Account in order to access them.
You may not create an Account if you are under 18 years of age.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account.
Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 13.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information and any saved Match Results and Questionnaire Submissions. Closing your Account will also remove access to any areas of Our Site requiring an Account for access such as your saved Match Results and Questionnaire Submissions.
We may reject, reclassify, edit, or remove any Account from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that an Account in question should be removed as a result.
Once you have registered for an Account, you will be invited to complete a Questionnaire Submission which is required in order for a Match Result to be generated. A User may submit any number of Questionnaire Submissions it wishes.
When completing a Questionnaire Submission, the information you provide must be accurate and complete as possible in order to get the best Match Results possible. Subject to sub-Clause 4.5, as part of the Questionnaire Submission, you may be asked to provide details around your gender, sexuality, location, behavioural, lifestyle and price range preference but We will not ask for any medical or health data that is considered sensitive data.
Once the Match Result has been generated, you will be able to access and view the Match Result via your Account. The Match Result will list up to a maximum of three Partner Therapists most suited to your requirements. The Match Result may also show details such as (but not limited to) factors that most influenced the Match Result and the score attributed to each suggested Partner Therapist, whether a Partner Therapist offers sessions online or in person only and their price ranges and availability. You will also be able to access contact details of the Partner Therapists on your Match Result.
Partner Therapists will not be able to contact you as we do not share your personal data or Account details with them. Should you wish to avail of any services from a Partner Therapist on your Match Result, you will need to make initial contact with them. There is no forum or way to communicate directly with Partner Therapists through Our Site or your Account.
Any personal information provided in your Questionnaire Submission will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 13.
Intellectual Property Rights and Our Site
With the exception of the content of Business Listings, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Business Listings) is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to a licence granted to Us, Partner Therapists retain the ownership of copyright and other intellectual property rights subsisting in Business Listings provided by them (unless any part of a Business Listing is owned by a third party who has given their express permission for their material to be used in the Business Listing).
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download Our Site (or any part of it) for caching;
Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
Save pages from Our Site for later and/or offline viewing.
You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
Subject to sub-Clause 5.3, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at email@example.com.
Our status as the owner and author of the Content on Our Site (or that of identified licensors or Partner Therapists, as appropriate) must always be acknowledged.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 6. Specifically:
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When using Our Site (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:
is sexually explicit;
is obscene, deliberately offensive, hateful, or otherwise inflammatory;
promotes, assists in, or constitutes any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Partner Therapists or any other business or person);
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or business or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 6 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Links to Our Site
You may link to Our Site provided that:
you do so in a fair and legal manner;
you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
You may link to any page of Our Site.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
7.4 You may not link to Our Site from any other site the content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
8.1 Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Paid Membership & Third Party Advertising
9.1 We do not currently charge for Accounts. However, should We introduce a paid membership structure, We will update these Terms and Conditions and advise you of the same before any fees will be charged.
9.2 We may feature advertising (in addition to Business Listings) on Our Site and We reserve the right to display advertising on the same page as any Business Listing.
9.3 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
9.4 We are not responsible for the content of any advertising on Our Site.
10. Disclaimers and Legal Rights
10.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. In particular, We make no representation or warranty that any part of Our Site (including Business Listings) is suitable for your requirements or that any Match Result or Partner Therapist will be effective in helping you or providing successful treatment.
10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
10.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not Content uploaded by a Partner Therapist) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.4 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
10.5 We are not responsible for the content or accuracy of, or for any commentary expressed in or provided in any Match Result generated from Our Site. The Match Result is based on an algorithm program and not produced manually by Us. We accept no responsibility for any actions taken or omitted to be taken (including, but not limited to, contact made in error or failure to disclose all relevant information on a Questionnaire Submission), or for any services purchased by you once you have chosen to work with any Partner Therapist from your Match Result.
10.6 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Business Listings. Any such opinions, views, or values are those of the relevant Partner Therapist and do not reflect Our opinions, views, or values in any way. We accept no responsibility for any actions taken or omitted to be taken (including for example failure to observe cancellation policies, requesting refunds, non- payment or failure to complete any sessions), or for any services purchased by you once you have chosen to work with you as a Partner Therapist from your Match Result.
10.7 We are not responsible for any conduct by or communication between you and a Partner Therapist once a Match Result is generated and you make direct contact with the Partner Therapist. Any contract for services offered by a Partner Therapist to you is a contract between you and the Partner Therapist. We are not a party to any such contract. We do not hold any medical, counselling, coaching or therapy qualifications and do not take any responsibility, or liability, for any procedure, tests or course of action included in any contract you enter into with a Partner Therapist. Additionally, we are not responsible for any termination of contract between a Partner Therapist and you nor if you are refused treatment for any reason by any Partner Therapist.
11. Our Liability
11.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Business Listing posted by a Partner Therapist) included on Our Site.
11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Business Listings) included on Our Site.
11.3 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
11.4 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.5 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Viruses, Malware and Security
12.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.3 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.4 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.5 By breaching the provisions of sub-Clauses 12.2 to 12.4 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Data Protection
13.1 All personal information that We may use will be collected, processed, and held in accordance your rights under the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) OR unless and until GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookies Policy.
14. Communications from Us
14.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 14 business days for your new preferences to take effect.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com or via the contact page on Our Site.
15. Changes to these Terms and Conditions
15.1 We may alter these Terms and Conditions at any time and will notify you of such changes via email. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16. Contacting Us
To contact Us, email Us at firstname.lastname@example.org or contact Us via the contact page on Our Site.
17. Dispute Resolution and Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.