Terms of Service
Last updated: 05/05/2022
1. Preamble of Healpers terms of service
1.2. Healper ApS (hereinafter called “Healper”) is a company registered in Denmark with registered company number DK41186822, whose registered office is at Bergthorasgade 8 st tv, 2300 København S, Danmark.
1.3. Healper provides "Users'' an overview of relevant options within personal development and mental health, and introduces Clients to a matching platform where they are matched with Therapists, who offer face to face therapy and other counseling services. Healper provides a secure interface for Clients to find, contact and communicate with Therapists through the Website. In these Terms ‘Therapists’ means psychiatrists, psychologists, psychotherapists and other licensed clinical workers.
1.4. When Clients make a booking request, request a call back or email a Therapist within the Website, the communication will normally continue between these parties without monitoring or interference by Healper Customer Service. In order to secure good service for the Clients it is however always possible for Healper to monitor the content of mails, call back requests or booking requests. When employees and Healper collect information through the initiated contact between Client and Therapist or the Website Chat, this information is handled through a data processor agreement between Healper (data processor) and Therapist (data responsible)
1.5. All Healper Customer Service employees are bound by confidentiality and will handle the given information with the utmost care considering the possible sensitive character of the provided information.
1.6. Healper is committed to use safe and secure technology to provide the Clients with a good and satisfactory interface for confidential communication with Therapists and Healper. Healper uses SSL encryption for security.
1.7. Access to some areas of the Website, taking advice or submitting information may be restricted to Clients (a) if Clients are a minor without verified consent from your parents or guardians; or (b) your location is in a country or state where the laws prohibit usage or participation; or (c) the location of the Client is in a country or state where the laws prohibit trading with companies domiciled in the Kingdom of Denmark or its people. By accessing such areas of the Website Clients warrant to Healper that Clients (a) are an adult (a person who has attained the age of maturity and is therefore regarded as independent, self-sufficient, and responsible and able to engage in a contract and to be legally bound by it); and (b) have the legal right to initiate the usage of the material in restricted area; and (c) will not, in any way, enable, permit, facilitate or introduce any minors or other person(s) to use the area who is restricted from doing so.
1.9. Clients are responsible for making all arrangements necessary for Clients to have access to the Website. Clients are also responsible for ensuring that all persons who access the Website through an Internet connection or use your account are aware of these Terms and that they comply with them.
1.10. Healper may revise these Terms at any time by updating this posting. Clients should check this Website regularly to review the current Terms, because the at all-time current Terms are binding on Users.
2. CONTENT AND ARTICLES
2.1. The Content on the Website is provided for general information purposes only and is intended to be complimentary but not in any way to be a substitute for professional advice or treatment. Nor should the content be relied upon for the diagnosis or treatment of a mental or medical condition. If Clients seek such advice or treatment Clients should consult a licensed practitioner or doctor. Individuals with urgent medical problems should immediately seek medical advice and/or treatment from a general practitioner or doctor.
2.2. If Clients are considering or contemplating suicide or feel that Clients may be a danger to themself or others, please immediately call a national emergency telephone number, notify the police or contact the emergency medical services.
2.3. Opinions expressed on the Website are solely the opinions of the Therapists or other authors of such material posted or appearing on the Website. Healper does not endorse any information, material, or opinion that may be posted on the Website.
2.4. Reliance on any information on the Website is solely at your own risk and Healper does not assume any liability or responsibility for damages or injury to persons or property arising from the use of any information or material of any nature provided on the Website.
3. THERAPISTS AND INTERACTIVE AREAS
3.1. In cases where there is doubt about the Therapist's licensure or certification and liability insurance required to conduct their private practice within the area of expertise of the Therapist, Healper will require the specific Therapist to provide proof.
3.2. Therapists are not employees of Healper.
3.3. The Client acknowledges that although the Website facilitates the introduction to online Therapists, Healper cannot guarantee to predict or assess a Therapist’s competence and appropriateness for the need of the User. The Client takes full responsibility for the decision to access and interact with a Therapist through the Website and that Healper is solely providing an interface to access the Therapists and their services for your consideration.
3.4 Once Clients have selected their preferred online Therapist from the listings and gallery Clients will be given the opportunity to submit the booking request for a consultation, Webinar or other session or service by selecting to proceed. Please note it is important that Clients check the information that the Clients have entered and correct any errors before Clients proceed, because after Clients accept the information by proceeding the provided information cannot be corrected.
3.5. If at any time prior to Clients selecting to proceed, Clients decide that Clients do not want to proceed with an order, Clients shall simply close the application window.
3.6. On receipt of a Clients booking request, Healper will begin processing the request for a consultation, webinar, session, shop product or other service with the selected Therapist and will send Clients a notification by email that the booking or order has been received and Clients will get a confirmation when the payment has been authorized through Healper’s payment partner Stripe.
3.7. If Healper mediates contact between Client and Therapist. The two parties are obligated to pay for said
session through Healper and their payment partner.
3.8. Where any payment of Clients fails to be authorized, Healper or Therapist shall not be obligated to provide the services.
3.9. Please note that once Clients have made the request and the booking or order has been confirmed, should Clients cancel the booking Healper may still charge Clients a cancelation fee depending on the circumstances of the cancelation, hereunder the timing of the cancelation and the value or nature of the session(s) involved.
3.10. Healper is committed to provide the Clients with a secure interface for confidential communication with Therapists. However, a Therapist may be permitted or required to breach confidentiality if the Clients are in such mental or emotional condition that he, she or they is a danger to themself or others. The Therapist may for instance also be under a duty to report suspected child abuse or neglect, elder abuse or dependent adult abuse. The Client should consult the Therapist as to the specific limitations the Therapist is subject to in respect of the confidentiality. Healper is further obliged to work with law enforcement and can through an enquiry be forced to provide information.
4. FEEDBACK FORUM RATING SYSTEM
4.1. Healper provides a feedback rating and testimonial system, which is a forum for the Client to express their opinion about Therapists. Clients are asked to use caution, tact and good judgement when leaving feedback regarding Therapist to ensure precision and avoid abuse of the rating system.
4.2. Clients undertake not to do anything that may devalue the referral or feedback system for Clients used to secure feedback, hereunder imparting negative comments for a Therapist failure to do something that is beyond the scope stipulated in the selected listing.
4.3. Other Clients may be able to read what Clients have written and Clients may be held legally responsible for libelous remarks and damaging someone’s reputation.
4.4. Healper does neither investigate the accuracy of the feedbacks nor do Healper censor the remarks, but Healper has the right to delete feedbacks, e.g. in the situations where the feedback (a) includes personal recognizable information; (b) is made by a Therapist for him or herself; (c) is made by a fictitious Client, or include content that is prohibited by clause 4.2 and 4.3.
5.1. Customer Care is extremely important to Healper and therefore, in the event that Clients are dissatisfied with a session facilitated through this Website, Clients are able to lodge a formal complaint. Please note that any complaint shall be filed in writing by contacting firstname.lastname@example.org. Please provide full details required by Healper to substantiate the claim, including the date, payment method and Therapist information.
5.2. any complaints shall be filed within 24 hours of the dissatisfied sessions end date in order to be a valid complaint in order to give Healper and the Therapist the opportunity to respond to the complaint. if a complaint is filed later than 24 hours of the dissatisfied session occurred, the complaint is deemed as filed too late and thereby neither Healper nor the Therapist are obligated to respond to the late-filed complaint.
5.3. Healper will immediately investigate any timely correct filed complaints, and without undue delay notify the Client of the outcome of the investigation by the preferred method of communication expressed.
5.4. Healper may in its sole discretion choose to remove a Therapist subject to a complaint, following the completion of an investigation.
6. PRICE AND PAYMENT
6.1. Prices will be as quoted on this Website. The quoted prices are including VAT (or similar taxes), where applicable depending on the location of the Clients and the location of the Therapist.
6.2. Clients are responsible for payment in full for any session or other services rendered using the Website. If the Clients seek the ordered service to be paid by the insurance company, health plan or the-like of the Clients, the Clients shall solely be responsible for this. The Clients are in any circumstances responsible for payment in full for any Healper video sessions, face-to-face, and other related services rendered using the Website.
6.3. This Website contains a large number of services and it is possible that some of the services may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website Healper normally contacts Clients before the consultation in question takes place. Healper is under no obligation to ensure that the consultation is provided to Clients at the incorrect lower price or to compensate Clients in respect of incorrect pricing.
6.4. Payment shall be by credit or debit card or other payment methods made available by Healper on the Website or at physical attendance if this is agreed with Therapist.
6.5. Discount may apply if the Clients use a promotional code recognized by the Website and accepted by Healper, or in cases where Healper offers a discount for online booking and payment, or in cases where a Therapist offers a special discount for online video sessions for one specific User.
6.6. Please note that from time to time there may be delays with processing payments and transactions. On very rare occasions this can take up to sixty (60) days to be withdrawn from your bank account or credit card.
6.8. The therapist is responsible for setting the price and conditions such as the cancellation deadline and terms for any service.
6.9. Users are responsible for complying with the terms of the service purchased.
7. LICENCES AND COPYRIGHT
7.1. The Client is permitted to print and download extracts from this Website for your own use on the following basis: a) No documents or related graphics on this Website are modified; b) No graphics on this Website are used separately from accompanying text; and c) Our copyright and trademark notices and this permission notice appear in all copies.
7.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Healper, the Therapists or Healper’s licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with paragraph 7.1 is not allowed. If Clients breach with any of the terms in this legal notice, the permission to use the Website automatically terminates without further notice and Clients must immediately destroy any downloaded or printed extracts from this Website.
7.3. Except as stated in paragraph 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4. Any rights in other intellectual property rights not expressly stated in these terms are reserved.
8. SERVICE ACCESS
8.1. While Healper tries to ensure this Website is normally available twenty-four (24) hours a day, Healper will not be liable if the Website is unavailable for any time or period.
8.2. Access to this Website may be suspended temporarily and without notice.
8.3. Should Clients and Therapist be unable to conduct a booked online video session, written conversation or other related services online due to the Website being unavailable, Healper will endeavor to reschedule the online video session, written conversion or other related services online with the same Therapist. Should rescheduling not be possible the Clients will receive a refund in full for any sessions interrupted by unavailability of the Website.
9. LINKS TO AND FROM OTHER WEBSITES.
9.1. Links to third party websites on this Website are provided solely for the convenience of the User. If a Client uses these links, the Clients leave this Website. Healper has not reviewed all of these third party websites and does not control (and are not responsible for these websites or their content or availability). Healper does not endorse or make any representation about third party websites, the material or the results from using them. If Clients decide to access any of the third party websites linked to the Website, Clients do so entirely at the sole risk of the User.
9.2. Clients may link to this Website, provided that Clients do so in a good faith manner and legally lawful manner, which does not damage or harm the reputation of Healper or in any way take advantage of it unless it has been agreed upon in writing by Healper. Clients shall not establish a link from a website that is not owned by Clients or in a way that suggests a form of association with or endorsement by Healper where none exists. The Website from which Clients link must comply with the content standards set out in these Terms. Healper has the right to withdraw the linking permission at any time.
10.1. While Healper tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. Healper may make changes to the material on this Website, or to the services and prices described on it, at any time without any notice. The material on the Website may be out of date, and Healper make no commitment to update that material. In particular, Healper does not promise that the information provided by the Therapists and displayed on the Website such as the subjects, pricing, calendars, and timetables for sessions is correct or up to date.
10.2. The material on this Website is provided without any conditions, warranties or any other terms. Healper provides Clients with the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms might apply in relation to the Website).
10.3. Clients are responsible for the security of passwords that Clients use to register with the Website. Healper strongly recommends not using the Website on public computers. Unless Healper negligently discloses your password to a third party, Healper will not be liable for any unauthorized transaction entered into using name and password belonging to the User.
10.4 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect the information on the Website, we cannot guarantee the security of data transmitted to the Website; any transmission of data to the Website is at sole risk of the User.
10.5 Should the Danish and English versions of these terms have any inconsistency in their meanings, the Danish version will be deemed to apply."
11.1. Except as set out in this agreement, all warranties, terms and conditions whether implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law, including any warranties, description, merchantability, satisfactory quality and fitness for a particular purpose.
11.2 The products will be prepared and the services performed using the expertise of Healper’s subcontractors (Therapists). While reasonable and customary care is taken in carrying out the services, Healper makes no warranty or representation as to the accuracy, completeness or correctness of any product or service performed using the expertise of Healper’s subcontractors (Therapists).
11.3 Clients understand that Healper does not provide advice, whether of a legal, financial, medical or other professional nature. The information materials and opinions (if any) contained in the products or services are the professional advice from the Subcontractor. Healper shall not be liable for any loss that may arise from any reliance by User, or any third parties, on the products or services delivered or performed by Healper’s Subcontractors (Therapists).
11.4 Client acknowledges that the services may be based and rely on (i) information provided by Therapist, or a third party on behalf of therapist, (ii) resources provided by Therapists, or (iii) other factors not within the control of Healper. In such cases, Healper shall not be responsible for any breach or non-performance that occurs due to Healper’s subcontractors (Therapists) behaviour or other factors outside of Healper’s control.
11.5 Healper will not be liable in contract, tort (including negligence) or otherwise for: a) loss of profits, business, opportunity, reputation or anticipated savings (except in relation to Therapist’s obligation to pay the fees); b) corruption, alteration, damage, loss or mistransmission (as applicable) of Clients or any third party’s data, software, hardware or systems; c) loss or damage resulting from the inadequacy of security of data during transmission via public electronic communications networks or facilities, in each case whether direct or indirect, or d) any other indirect or consequential loss or damage however such indirect or consequential loss or damage may arise even if such party or any of its affiliates have been advised of the possibility of such losses.
11.6 in no event shall the aggregate liability of either party and its affiliates arising out of or in connection with any agreement exceed the fees paid or payable by client to Healper under this agreement during such 12-month period.
11.7 Clauses 11.3, 11.4, 11.5 and 11.6 shall not apply in relation to: (i) each Party’s obligation to indemnify the other Party under this Agreement; and (ii) any liability arising out of or in connection with Client’s infringement of any Intellectual Property Rights in the Services or in the Products, or Client’s unauthorized use of the Products.
11.8 Nothing in this Agreement excludes or limits either Party’s liability for death, personal injury resulting from its negligence, fraud or any other liability to the extent that such liability cannot be excluded or limited by applicable law.
11.9 With the exception of any liability referred to in the paragraphs above, Healper and the Therapist’s total liability to Clients in relation to their use of the Website and the service of the Therapists including (but not limited) to liability for breach of these Terms and tort (including but not limited to negligence) is limited to an amount equivalent to the total fees paid by the Clients for Healper services.
11.10 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, Clients assume all associated costs.
12.1. Healper may at sole discretion of Healper terminate or suspend the User’s right to use the Website and the use of the services immediately by notifying the Clients in writing (including by email) if the Clients are in material breach of these Terms: As an example which shall not be deemed as exhausting – if Healper has sufficient concerns that Client is in breach of paragraph 10.2 (Links to and from other websites).
12.2. Upon termination or suspension, Clients shall immediately destroy any downloaded or printed extracts from the Website.
13. ADDITIONAL TERMS
13.2. Clients undertake not to use the Website for any purpose which would violate any laws, impersonate another person, or engage in any other conduct which, in the opinion of Healper, inhibits or restricts others from using and enjoying the services available on the Website.
13.3. Any failure or delay by Clients or Healper in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of the rights or remedies set out above.
13.4. Clients may not transfer any of the rights or obligations under these Terms without prior written consent of Healper. Healper is entitled to assign its rights and obligations to a third party if this third party joins the obligations under these Terms.
13.5. Headings in these Terms are included for convenience only and shall not affect their interpretation.
13.6 This agreement constitutes the entire agreement and understanding between the parties with respect to the matters dealt with therein and supersedes, cancels and terminates all prior agreements between the parties relating to such matters, even if the conditions of such prior agreements or provisions are expressed as if they would continue to be in force after the expiry of the agreement.
13.7 If any term in this agreement (full or partial) is considered illegal, invalid or unenforceable by a territorial and professionally competent court, then the remaining terms of the agreement still have full legal force and effect.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms shall be governed by and construed in accordance with Danish law with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Danish courts. For Clients outside the EU the following amendments apply in general, for User’s outside of the EU, Healper facilitate the connection between the Client and the Therapist and thereby a Client domiciled outside of the EU enters into a binding contract regarding counselling with the Therapist. Specifically, the above section 1.8 is amended with the following term: Please note that Healper is only a technology provider and not a provider of therapy, counselling, life coaching, coaching, Therapisting or other professional services and the relationship and legal binding contract for the provisions of these services are between Clients and the Therapist that Clients place their consultation with.