Welcome to Solacetree!
Thank you for using our products and services (“Services”). By using our Services, you agree to these terms. Please read them carefully.
Terms and Conditions
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 999 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE, EMERGENCY MEDICAL SERVICES, OR THE RELEVANT AUTHORITIES.
- The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which counseling may be provided (collectively the “Platform”). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website Solacetree.com and its related apps.
- By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
- When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to Solacetree. The terms “you,” “your, “and “yourself” refer to the individual you as a user of the Services.
The Counselors and Counselor Services
- The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counselor Services”).
- We require every Counselor providing Counselor Services on the Platform to be an accredited, trained, and experienced licensed psychologist, licensed marriage and family therapist, licensed clinical social worker, licensed professional counselor, or similar applicable recognized professional certification based on their state and/or jurisdiction. Counselors must have a relevant academic degree in their field, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
- The Counselors are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Counselor Services while the Counselor Services themselves are the responsibility of the Counselor who provides them. If you feel the Counselor Services provided by the Counselor do not fit your needs or expectations, you may change to a different Counselor only after three (3) sessions with the same Counselor.
- While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation.
- THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
- The Platform’s content should not be considered medical advice. You should always speak with an appropriately qualified healthcare professional for information regarding diagnosis and which medical treatment may be appropriate for you. None of the Platform’s content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Your account, representations, conduct and commitments
- You hereby confirm service that you are at least 18 years old of age.
- You hereby confirm that you are legally able to enter into a contract.
- 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 maintain and update this information so it will continue to be accurate, current and complete. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Counselors you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Solacetree and the Counselors you interact with from any resulting damages, costs, or claims.
- 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”). We advise you to change your password frequently and to take extra care in safeguarding your password.
- You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
- You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
- You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
- You agree and commit not to use the account or Account Access of any other person for any reason.
- You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor 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 Platform’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 Platform 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 Platform and your relationship with the Counselors and us.
- If you receive any file from us or from a Counselor, whether through the Platform 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 Platform; (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 Counselor Services) which were provided through the Platform; (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 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 on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. 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.
- If you have any concerns about a bill or a payment, please contact us immediately by sending an email to email@example.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
Privacy and Security
- You affirmatively consent to the fact that Solacetree’s Clinical Oversight Personnel will, as needed, review your “Session Transcripts” or “Rooms” in a de-identified “Safe Harbor” form for the following purposes:
- During your on boarding and during the Counselor matching process to ascertain you are able to successfully engage with a Counselor. This access to only de-identified Safe Harbor information may be accomplished using a Solacetree on-boarding counselor;
- To review your complaint about a particular issue/instance that your report about your Counselor;
- For your safety concerns or complaints of unethical Counselor practices;
- To transition you to a new Counselor or if your account is non responsive or inactive for an extended period of time; or
- For your quality assurance concern. You consent to Solacetree using “Meta Data” and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of service to you or the practices of the Counselors. If your particular complaint requires review of Session Transcripts in the original form, you consent that a Solacetree Oversight Personnel may access your account only to respond to your particular complaint or raised issue. You consent that Solacetree may record your calls/video chats to Customer Service for the purpose of quality assurance. You affirmatively grant Solacetree permission to have your Counselor periodically provide non content based clinical assessments of your progress to Solacetree. You understand that the Platform provides the Counselors clinical assessments tools that serve to provide information on your mental health and well-being; and that results can be seen by your Counselor to discuss with you.
Third Party Content
- The Platform 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. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
- The Services are designed for and intended for users in Hong Kong. Solacetree makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside of Hong Kong. Accessing the Services from territories where the content is illegal is prohibited. If you choose to access the site from a location outside of Hong Kong, you do so on your own initiative and you are responsible for compliance with local laws.
Disclaimer of Warranty and Limitation of Liability
- 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 COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
- YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM 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 PLATFORM 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 PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 2 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.
Modifications, Termination, Interruption and Disruptions to the Platform
- You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
- The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
- We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, 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 firstname.lastname@example.org.
Important notes about our Agreement
- This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the HKSAR excluding any rules governing choice of laws.
- You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the courts of HKSAR. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
- We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its Services.
- We may freely transfer or assign this Agreement or any of its obligations hereunder.
- The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
- If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
- To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
- If the Counselor is late for more than ten (10) minutes for the appointment time, we will issue a full refund to you.
- You can join the call by clicking the join button on the app after the Counselor joins.
- You will have twenty-four (24) hours before the session appointment to receive a full credit cancellation. Afterwards you will get a 50% credit, up until one (1) hour before the session appointment time. By then, unless the Counselor does not show up, you can no longer cancel the appointment and will be charged 100%.
- The Counselor will endeavor to reply the appointment request within twenty-four (24) hours in business working days as per the counselor’s location. For weekend and public holidays, the counselor will endeavor to reply the appointment request within 48 hours.
- All contact with the Counselor must be done within the app; direct contact with the Counselors is strictly prohibited unless there is written approval from Solacetree.
- Solacetree reserves the right to record the video chat/chat for security reasons.
- You must have engaged the same Counselor for at least three (3) sessions before you request to change the Counselor and can only change once unless agreed by Solacetree’s Customer Service with sufficient reason.
- All tokens cannot be transferred to another user.
- The first session must be at least sixty (60) minutes or above. Subsequent sessions may be thirty (30) minutes.
- Counselors reserve the rights to cancel the session if she/he feels threatened by you. No refund will be made under the said circumstances.
- All personal information must be true and accurate in order for the Counselors to do the most accurate judgment.
- Solacetree will not be responsible for inaccurate personal background or information that may lead to wrong judgment or advice of the Counselor.
- Solacetree reserves the right to maintain your personal information for security reasons.
- Solacetree reserves the right to report to the official if Solacetree feels there is a danger in yourself or other individual(s).