Provisions & conditions

The following terms and conditions (the “Agreement”) govern your access to and use of our Online/face-to-face therapy services (collectively the “Counselling services”). This website is owned and operated by Kay’s Counselling, whose address is 71 Vyse street, Jewellery Quarter, Birmingham, B18 6EX (Enquiries@KaysCounselling.co.uk). The Counselling services may be provided or accessible via multiple websites or applications owned and/or operated by us or by third parties, including, without limitation, the Kay’s Counselling.com website and its associated apps.

  1. By using or accessing the Counselling Services, you agree to the terms of this Agreement. Before beginning to use our services, you must thoroughly read this Agreement. You may not access the Counselling Services if you do not agree to be bound by the terms of this Agreement.

When “we,” “us,” and “our” are used in this Agreement, they refer to any entity that owns and operates the Counselling services (the “Company”).

Psychotherapists and Psychotherapy Services

The website may be used to connect you with a therapist (“Therapist Services”) who will provide services to you via the online or face to face.

We require that every Therapist offering Therapist Services must be a registered, trained, insured, and experienced Practitioner Psychologist, Accredited Therapist, or possess an equivalent recognised professional certification. Therapists must have a relevant academic qualification in their field, qualified and accredited by their respective professional organisation after successfully completing all applicable education, examinations, training, and practise requirements, unless you choose to book in with a trainee therapist who is currently on placement and undertaking the relevant qualifications.

For every Therapist

The Therapists are independent contractors who are neither our employees nor our agents nor our representatives. Kay’s counselling only function is to facilitate Therapist Services.

Individual Therapists are responsible for the delivery of Therapy Services. If you feel that the Therapist’s services do not meet your needs or expectations, you may switch to another Therapist who provides services through our website. While we have a large database of Therapists, you should be aware that, due to licensure requirements that vary by jurisdiction, not all Therapists in our database will be available for you to match with at any given time or for any given duration. If a therapist with whom you have been matched stops using the website at any time after you have been matched, we will send you an email notifying you that you have the option to connect with a new Therapist.

While we hope the Therapist Services are beneficial to you, you understand, agree, and acknowledge that they may not be the best solution for everyone’s needs, may not be suitable for every situation, and/or may not be a suitable replacement for an in-person examination and/or care in every situation.

You must call 999 instantly should you feel you’re in harm’s way, are going to harm yourself or others.

We are not an emergency service and are unable to provide such services. We have created a Crisis page where you can access suitable services.

Privacy and Security

Protecting and safeguarding any information you provide through the website is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.Kay’s Counselling.com/privacy (The ‘Privacy Policy’).

by agreeing to this agreement and/or by using the website, you are also agreeing to the terms of the privacy policy. the privacy policy is incorporated into and deemed a part of this agreement. the same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

Third Party Content

The Website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

Disclaimer of Warranty and Limitation of Liability

to the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the therapist services or the website, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any therapist and/or any other content or information accessible through the website or in person.

You understand, agree and acknowledge that the services is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. the use of the services is at your own risk. to the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

You understand, agree, and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages.

you understand, agree, and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the services will not exceed the total amount of money paid by you or on your behalf through the services in the 12 months period prior to the date of the claim.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.

Minor Consent: Where consent from a parent or guardian is required to receive Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Services remains valid until membership is cancelled.

You hereby confirm and agree that all the information that you provided in or through the website, and the information that you will provide in or through the website/in person in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.

You agree and confirm that your use of the website, including finding a therapist or booking a session, are for your own personal use only and that you are not using the website or the Therapist Services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation, or ethical code in relation to your use of the website and your relationship with the Therapists and us.

If you receive any file from us or from a therapist, whether through the website or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the website; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Therapist Services) which were provided through the website; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current, and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published on our website. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to enquiries@Kayscounselling.co.uk

Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the United Kingdom excluding any rules governing choice of laws.

You agree irrevocably that the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you shall be the United Kingdom courts. You consent irrevocably to the personal jurisdiction of the above-mentioned courts and waive all objections to their exercise of jurisdiction.

This Agreement, including the choice of UK law, has no effect on your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of your country of residence.

This agreement is the complete agreement between us and you. you acknowledge that you have not relied on any promises or representations by us other than those set forth in this agreement.

We may modify the terms of this Agreement by posting amendments to the website. Unless otherwise specified by us, all changes will become effective immediately upon posting. Therefore, you are encouraged to frequently review the terms of this Agreement. The date of the last update to this Agreement is displayed at the bottom of this document. By continuing to use our services after the modified terms take effect, you agree to be bound by the modified terms of the Agreement. If you do not agree with the modifications, you must cease using the website and participating in its services.

We may assign or transfer this Agreement or any of its obligations without restriction.

The headings of the paragraphs in this Agreement are merely for convenience and will not be considered when interpreting this Agreement.

If any provision of this Agreement is deemed illegal, invalid, unenforceable, or otherwise contrary to law by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

For the avoidance of doubt, all limitations on liability and indemnification provisions shall survive the termination or expiration of this Agreement.

Updated on 29th Jan 2023.