The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which certain therapy-related, counselling, wellbeing, coaching and related services may be provided (collectively the "Platform"). This Platform is owned and operated by Pinnacle Partners Consultancy - FZCO, trading as Therapy is Brown, with its registered principal place of business located at DSO-IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, United Arab Emirates.
The Platform may be made available through one or more websites, applications or other digital interfaces operated by or on behalf of the Company, including www.therapyisbrown.com and any related applications or services made available by the Company. The Services, Provider titles and terminology used to describe the Services may vary depending on your location and the applicable legal, regulatory and professional requirements.
“Services” means the therapy-related, counselling, psychotherapy, wellbeing, coaching or other related services made available through the Platform, as applicable to your location and the relevant Platform interface.
“Provider” means an independent person who provides Services through the Platform and who may be described by different professional or service titles depending on the jurisdiction and the Services provided, including, where applicable, a therapist, counsellor, psychotherapist, mental health coach or other appropriately qualified professional.
“Applicable Laws” means all laws, regulations, rules, professional standards, licensing and registration requirements and other legally binding requirements applicable to the Company, a Provider, the Services or you in connection with the relevant activities or transaction, including requirements applicable in the jurisdiction in which the Company, Provider or you is located or in which the Services are provided or received.
“Data Protection Laws” means all laws and regulations relating to privacy, data protection, confidentiality, cybersecurity and the collection, use, disclosure, storage or other processing of Personal Data applicable to the Company, a Provider or you in connection with the Platform or Services.
“Personal Data” means information relating to an identified or identifiable individual, or any equivalent term used under applicable Data Protection Laws.
By accessing or using the Platform, you acknowledge that you have read and agree to be bound by this Agreement. You should read this Agreement carefully before accessing or using this Platform. If you do not agree to be bound by the terms of this Agreement, you must not use and / or access the Platform.
References to "we", "us", "our" are references to the Company.
The Services
Providers are located in different jurisdictions and may be subject to different professional, licensing, registration, certification and other regulatory requirements. The Company will only make Services available to a user where the relevant Provider is appropriately qualified, licensed, registered, certified or otherwise legally authorised to provide those Services to the user in the jurisdiction in which the user is located, to the extent required by Applicable Laws.
The terminology used to describe the Services and Providers may vary between jurisdictions to reflect applicable legal, regulatory and professional requirements. The nature and scope of the Services available to you may also vary depending on your location.
The Company may use information provided by you and reasonable technical measures, including location information, to determine or verify your location for purposes of determining which Services and Providers may be made available to you. You are responsible for providing accurate information regarding your location when accessing or receiving Services and must notify the Company and your Provider if your location changes.
Providers must possess appropriate education, training, qualifications and experience relevant to the Services they provide and must comply with all applicable professional, ethical, licensing, registration, certification and regulatory requirements in the relevant jurisdiction. The Company may request evidence of a Provider's qualifications, licences, registrations, certifications or other authorisations as part of its onboarding and ongoing verification processes.
Providers provide Services as independent service providers and are not employees, agents, or representatives of the Company. Nothing in these Terms creates an employment, agency, partnership, joint venture or similar relationship between the Company and any Provider. The Company's role is to provide and operate the Platform through which users may identify, connect with and access Services provided by independent Providers.
Providers are responsible for the professional aspects of the Services they provide, including compliance with their applicable professional, ethical and regulatory obligations.
- Providers must provide the Services professionally, competently and in accordance with their qualifications, training, experience and applicable professional standards.
- Providers must take all reasonable steps, consistent with applicable professional standards, to protect the safety and wellbeing of clients and to avoid foreseeable physical, emotional or psychological harm during or arising from the provision of Services.
- Providers must not exploit clients financially, sexually, emotionally or in any other manner.
- Providers must provide Services in a non-judgmental and professional manner, free from discrimination and with respect for the individuality, dignity and autonomy of each client.
- Providers must establish and maintain appropriate professional boundaries and a professional helping relationship that supports the integrity, autonomy and empowerment of the client.
- Providers must maintain and develop their professional knowledge, skills and competence through appropriate ongoing education, training, professional development, supervision and other relevant activities.
- Providers must undertake appropriate professional supervision, consultation or debriefing where required by their professional standards or reasonably necessary to maintain professional competence and accountability.
- Providers must ensure that clients are given appropriate information regarding the nature, purpose, process and boundaries of the Services and the professional relationship.
- Providers must maintain client confidentiality and explain, where applicable, the circumstances in which confidentiality may be limited by law, professional obligations or safeguarding requirements.
- Providers must obtain the client's informed consent, to the extent required by Applicable Laws or professional standards, before disclosing confidential information or contacting another person or professional on the client's behalf, except where disclosure or contact is otherwise permitted or required by law.
- Providers must make an appropriate referral where the Services required by a client fall outside the Provider's qualifications, competence, scope of practice or legal authorisation.
- Providers must not provide legal advice or hold themselves out as providing legal services or acting as legal counsel on behalf of a client.
- Providers must not act as an agent or representative of a client, except where expressly authorised and permitted under Applicable Laws and applicable professional standards.
- Providers must not engage in sexual or otherwise inappropriate relationships with current clients and must comply with all applicable professional and ethical requirements concerning relationships with former clients.
- Providers must comply with the professional and ethical codes, standards and requirements applicable to their practice and the Services they provide.
- Providers must maintain appropriate safeguards to protect the security and confidentiality of client records and information in accordance with Applicable Laws and professional requirements.
- Providers are responsible for the professional decisions they make in connection with the Services they provide.
- Providers must take appropriate steps to ensure that counselling or other Services are conducted in a private environment and that sessions are not overheard, recorded or observed by another person without the client's informed consent, except where otherwise permitted or required by Applicable Laws.
- Providers must not engage in negligent, fraudulent, criminal, unethical, discreditable or otherwise improper conduct in connection with the provision of Services.
Changing Providers
If the Services provided by a Provider do not meet your needs or expectations, you may request to access another Provider available through the Platform, subject to availability and any applicable eligibility or location requirements. If a Provider ceases to provide Services through the Platform, we will notify you and, where available, provide you with an opportunity to connect with another Provider.
Limitations of Services
The Services may not be suitable for every person or every situation and are not a substitute for services that require in-person assessment, treatment, supervision or intervention. The Services available through the Platform may also be subject to limitations based on your location, the nature of the Services and the applicable professional or regulatory requirements.
Emergency Situations
The Platform and Services are not intended for emergencies or situations requiring immediate medical, psychiatric or other emergency intervention. If you are experiencing an emergency, believe that you may harm yourself or another person, or believe that you or another person is in immediate danger, you should immediately contact the emergency services or an appropriate emergency or crisis service available in your location. Do not rely on the Platform or Services for emergency assistance.
Clinical Diagnosis and Official Documentation
The Platform and Services are not intended to provide clinical or medical diagnosis, or to provide prescriptions, medical treatment or advice regarding medication. The Platform should not be used to obtain official documentation, certification or approvals where an in-person assessment or specific professional authorisation is required, including court-ordered services or other legally mandated assessments.
In-Person Care
You should not disregard, avoid or delay seeking appropriate in-person care from a doctor, mental health professional or other qualified professional because of information or advice received through the Platform or Services. Where a Provider considers that in-person care or another form of professional support is appropriate, you should consider following that recommendation.
Privacy and Security
Protecting the privacy and security of information provided through the Platform is important to us. Information about how we collect, use, disclose, store and otherwise process your Personal Data, and the measures we take to protect it, is set out in our Privacy Policy.
The Privacy Policy forms part of this Agreement and explains how we process Personal Data in connection with the Platform and Services. Nothing in this Agreement limits or excludes any rights or protections available to you under Data Protection Laws. We may update the Privacy Policy from time to time in accordance with Applicable Laws. Where required, we will provide notice of material changes and obtain any consent required by Applicable Laws.
Third Party Content
The Platform may contain content, products, services, links or advertisements provided by or relating to third parties (“Third Party Content”). Third Party Content is provided for your convenience or information and may be subject to the terms and privacy policies of the relevant third party.
We do not control Third Party Content and, except to the extent otherwise required by Applicable Laws, we are not responsible for the content, products, services, practices, terms or policies of third parties.
Nothing in this section limits or excludes any liability or responsibility that cannot lawfully be limited or excluded under Applicable Laws.
Disclaimer of Warranty and Limitation of Liability
To the extent permitted by Applicable Laws, the Platform and Services are provided without warranties or guarantees other than those expressly provided in this Agreement or those that cannot lawfully be excluded. We do not guarantee that the Platform or Services will be uninterrupted, error-free or suitable for every user's particular needs.
Providers are independent service providers. We do not control the professional relationship between you and your Provider or the professional decisions made by your Provider. However, nothing in this Agreement excludes or limits any liability or responsibility of the Company to the extent that such liability or responsibility cannot lawfully be excluded or limited.
To the extent permitted by Applicable Laws, the Platform is provided on an “as available” basis and we do not guarantee that the Platform will always be available, uninterrupted, secure or error-free.
To the maximum extent permitted by Applicable Laws, we will not be liable for indirect, incidental, special or consequential loss or damage arising from your use of the Platform or Services. This limitation does not apply to liability that cannot lawfully be excluded or limited, including liability arising from fraud, wilful misconduct, or death or personal injury caused by negligence where such liability cannot be excluded or limited under Applicable Laws.
Nothing in this Agreement is intended to exclude, restrict or modify any liability, right, remedy, warranty, guarantee or protection that cannot lawfully be excluded, restricted or modified under Applicable Laws. Any provision of this Agreement that is prohibited or unenforceable in a particular jurisdiction will apply only to the maximum extent permitted in that jurisdiction.
The provisions of this section will survive termination or expiration of this Agreement to the extent necessary to give them effect.
Billing
You are obliged to pay for each booking in advance at the time the session is booked online. If there is a failure in payment for reasons independent through no fault of you or the Platform, you undertake to pay outstanding fees within 7 days of the failure becoming apparent.
Cancellation Policy
Unless otherwise stated on the Platform, if you cancel less than 48 hours before the scheduled session or do not attend, you will be charged the full session fee and will not be eligible for a refund, subject to any cancellation, refund or other consumer rights available to you under Applicable Laws.
Provider Unavailability
If a payment is made, and the Provider is unable to provide the Services, such as attending the booking, then you will receive a refund within 30 business days.
Your Account, Representations, Conduct and Commitments
Consent and Contractual Capacity: You confirm that you are legally capable of entering into this Agreement and using the Platform and Services. Where Applicable Laws require the consent or involvement of a parent or legal guardian for a person to access or receive the Services, you confirm that such consent has been obtained.
Minor Consent: Where a parent or legal guardian is required to provide consent for a minor to access or receive Services, the parent or legal guardian confirms that they are authorised to provide such consent and agree to these Terms on behalf of the minor to the extent permitted by Applicable Laws. Any consent required for the processing of the minor's Personal Data will be obtained and managed in accordance with Applicable Data Protection Laws.
Accuracy of Information: 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. 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, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). You should take reasonable steps to protect your Account Access and should not share your password or other Account Access with any other person.
You must notify us promptly if you become aware of any unauthorised access to or use of your Account Access or any other security concern relating to your account.
You are responsible for activities carried out through your account, except to the extent that any unauthorised use or activity results from our acts or omissions or from circumstances for which you are not responsible under Applicable Laws.
You must not use another person's account or Account Access without their permission or otherwise in violation of these Terms.
You may use the Platform and Services only for your personal purposes or, where expressly permitted by the Company and Applicable Laws, on behalf of a minor or another person for whom you are legally authorised to act. You must not use the Platform or Services on behalf of an organisation or for commercial purposes unless expressly authorised by us.
You must not interfere with, disrupt or attempt to interfere with or disrupt the Platform or any systems, services, servers, networks or infrastructure used to operate or support the Platform, including by attempting to obtain unauthorised access to any such systems, services, servers, networks or infrastructure.
You must not use the Platform to post, transmit, upload or otherwise provide:
- unsolicited commercial communications, advertising or promotional material;
- malicious software, code or other material intended to disrupt, damage or compromise the Platform or any device, system or network;
- unlawful, harassing, abusive, threatening, discriminatory, obscene or otherwise harmful content;
- content that infringes or misappropriates any third-party rights, including intellectual property, privacy, confidentiality or other proprietary rights;
- content that is intended to cause harm to another person; or
- content or material that violates Applicable Laws or encourages or facilitates unlawful conduct.
You must comply with Applicable Laws in connection with your use of the Platform and Services and your interactions with Providers.
You should take reasonable precautions, including using appropriate security software, before opening or using any file received through the Platform or from us or a Provider.
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless the Company, its affiliates, and their respective directors, officers, employees and service providers from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- your material breach of these Terms;
- your unlawful, fraudulent or wilfully wrongful use of the Platform or Services;
- any content, information or materials submitted, uploaded or otherwise provided by you through the Platform that infringes or misappropriates a third party's intellectual property, privacy, confidentiality or other rights; or
- your violation of Applicable Laws or the rights of any third party.
You will not be required to indemnify any person to the extent that the relevant claim, loss, liability, damage, cost or expense arises from the negligence, wilful misconduct, fraud or breach of these Terms by the Company or any person acting on its behalf.
Nothing in this clause requires you to indemnify the Company to the extent that doing so would be prohibited by Applicable Laws or would unlawfully limit any mandatory rights or protections available to you.
This clause will survive termination or expiry of this Agreement to the extent necessary to give it effect.
You confirm and agree to use only credit cards or other payment method (collectively “Payment Method”) 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 Platform, 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 when due and in accordance with the fees, rates and payment terms displayed on the Platform. By providing a Payment Method, you authorise us or our payment service providers to process payments for amounts properly due under these Terms. You are responsible for maintaining valid and up-to-date Payment Method information.
Modifications, Termination, Interruption and Disruptions to the Platform
We may modify, suspend, restrict or discontinue the Platform or any part of the Platform, including access to particular Services or features, where reasonably necessary for operational, technical, security, legal, regulatory or other legitimate business reasons. Where reasonably practicable, we will provide you with reasonable notice of any material change, suspension or discontinuation that is likely to materially affect your use of the Platform or any Services you have already paid for, except where immediate action is required for security, legal, regulatory or other urgent reasons.
Nothing in this section limits or excludes any rights or remedies you may have under Applicable Laws, including in relation to Services that you have already paid for.
The Platform depends on software, hardware, systems and services provided by us and by our contractors, service providers and suppliers. While we use reasonable efforts to maintain the availability and reliability of the Platform, you acknowledge that no online platform can be guaranteed to be continuously available, uninterrupted, secure or error-free. Accordingly, we do not guarantee that access to the Platform will always be uninterrupted, timely, consistent or error-free.
Nothing in this section limits or excludes any rights or remedies that cannot lawfully be limited or excluded under Applicable Laws.
Notices
We may provide notices or other communications to you regarding this Agreement or the Platform by email to the email address associated with your account, by posting the notice on the Platform, or by any other method permitted by Applicable Laws. Unless otherwise required by Applicable Laws, a notice sent by email will be deemed received when sent, provided that we do not receive a notification that the email was not delivered. A notice posted on the Platform will be deemed given when posted.
Notices to the Company must be sent to [email protected] or to any other contact details specified on the Platform for legal or contractual notices.
Severability
If any provision of this agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid or enforceable without materially changing its effect, it will be read down accordingly. Otherwise, the offending provision will be severed and the remaining provisions will continue in full force and effect.
Governing Law and Consumer Rights
This Agreement is governed by the laws applicable to the Company, except to the extent that the mandatory laws of the jurisdiction in which you are located apply to your use of the Platform or Services. Nothing in this Agreement limits or excludes any mandatory consumer rights or protections available to you under Applicable Laws.
This Agreement, together with any policies or other documents expressly incorporated into it, constitutes the entire agreement between you and us in relation to your use of the Platform and Services and supersedes any prior agreements or understandings relating to that subject matter.
Nothing in this section excludes or limits any liability, right or remedy that cannot lawfully be excluded or limited under Applicable Laws.
We may update or modify this Agreement from time to time. Where we make changes, we will provide reasonable notice of material changes where required by Applicable Laws. Changes will take effect on the date specified in the updated Agreement or, where no date is specified, within a reasonable period after the updated Agreement is posted, subject to any notice or consent requirements imposed by Applicable Laws.
Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Agreement, to the extent permitted by Applicable Laws. If you do not agree to a material change, you may stop using the Platform and Services.
We may assign or transfer our rights and obligations under this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganisation, sale of assets or similar transaction, provided that such transfer does not materially reduce your rights or protections under this Agreement. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent, except where otherwise permitted by Applicable Laws.
Any provisions of this Agreement which by their nature are intended to survive termination or expiry of this Agreement will survive such termination or expiry, including provisions relating to intellectual property, confidentiality, indemnification, limitations of liability, governing law and dispute resolution, to the extent applicable.