1. OUR SERVICES

The provision of our Services is not intended for distribution to or use by any person who is a resident of, citizen of, or entity in any jurisdiction, island or country outside of the Caribbean region. This includes but is not limited to the United States of America, the United Kingdom, Canada and any territory, island or state which is owned or bound by the laws of any of these aforementioned countries including territories not mentioned but expressed. This Agreement is bound by the Laws of St. Lucia and our Services are not intended for the distribution or use in any country where such use or distribution would be contrary to the laws or regulations of St. Lucia, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any person who chooses to access the Services from other locations outside of the permitted islands within the Caribbean region do so in their sole and entire risk and is solely responsible for compliance with their own local, state or territory laws, and to the extent local laws are applicable.

 

1. The Counselors and the Counselor Services

The Platform may be used to connect you with a provider, variously credentialed and experienced based on regional jurisdiction (“Counselor”) who will provide services to you through the Platform [“Counselor Services”].

 

For Our Uses

We require every Counselor providing Counseling Services on the Platform to have an accredited background and relevant qualifications. Counselors may be licensed with the Allied Health Council in St. Lucia, the Trinidad and Tobago Association of Psychologists, or a similar recognized licensing board within the Caribbean. They must hold at minimum a master’s degree in Clinical Counseling, Clinical Psychology, Clinical Community Counseling, Mental Health Counseling, or a closely related field. Additionally, they should have at least 3 years of professional experience in a relevant field and hours of hands-on experience. They also need to meet the qualification and certification standards including all necessary education, exams, training, and practice requirements as applicable.

The Counselors are all independent providers who are neither employed by Healthy Healing Counseling Services nor our agents or representatives. The role of our Platform is limited to providing access to or enabling the provision of Counselor Services. The Counselors are solely responsible for the performance of the Counselor Services. If you believe that such Counselor Services do not meet your expectations, you may change to a different counselor who provides services via our Platform. Should the counselor who you have been receiving Counselor Services from no longer provides services via our Platform, we will notify you via email and you will be given the opportunity to match with a new counselor.

While we hope the Counselor Services would be beneficial to you, you understand, acknowledge and agree that they may not be the most appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs which may require in person therapy or counseling services.

NOTICE: If you are thinking about suicide or if you are considering harming yourself or others or if you feel that any other person may be in any danger or if you have any medical emergency, you must immediately call your local emergency services number and notify the relevant authorities (click here for a link to the relevant emergency crisis resources for you area). The Platform was not designed or created for the use of any of these aforementioned cases and the counselors cannot provide the assistance required in any of the aforementioned cases.

The Platform is also not intended for the provision of any 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/ therapy. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should ignore and disregard any such advice delivered through this platform.

Do not disregard, avoid or delay in obtaining any in person counseling from your doctor or any other qualified professional because of information or advice you received through this platform.

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

The Platform, the website www.healthyhealingco.com and all rights, titles, and interests, including all the related intellectual property rights therein is owned by the organization Healthy Healing Counseling Services. This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any of the intellectual property rights owned by Healthy Healing Counseling Services. “Healthy Healing Counseling Services” “www.healthyhealingco.com”, and all related names, logos, products and services names, designs and slogans (“Healthy Healing Counseling Services Marks”) are all trademarks of the organization, Healthy Healing Counseling Services and it’s respective owner.

 

Your use of our Services and Platform

You are not permitted to use Healthy Healing Counseling Services’ Marks without the prior written consent and permission of Healthy Healing Counseling Services. All other names, logos, product and services names, designs, and slogans on the Platform and website are all the trademarks of Healthy Healing Counseling Services or their respective owners. Our trademarks and content are all protected by the copyright and trademark laws and treaties in St. Lucia. Subject to your compliance with the terms of The Agreement, Healthy Healing Counseling Services grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

1. access and use the Platform solely in connection with your use of the Services on your personal device; and
2. access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Proprietorship and its licensors.

If you wish to make any use of the Platform and/or Healthy Healing Counseling Services’ Marks other than as set out in this section or elsewhere in The Agreement, please address your request to:contact@healthyhealingco.com.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Platform and /or trademarks you must identify us as the owners and/or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content or protected trademarks.

We reserve all rights not expressly granted to you in and to the Platform, and Healthy Healing Counseling Services’ Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Platform and this Agreement and your right to use our Platform will terminate immediately.

 

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Platform to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Platform.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services or the Platform (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Platform you:

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Platform any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

 

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. 3. USER REPRESENTATIONS

Your Account, Representations, Conduct and Commitments

To access our Platform to receive the Counselor Services, you hereby agree and confirm that you are legally able to enter into a contract, that you are legally able consent to receive the Counselor Services, or that you have the required necessary consent of parent of guardian.

 

Minor Consent: In cases where the consent from a parent or guardian is required to receive Counselor Services, you hereby confirm that as the consenting parent or guardian that you have the sole right to consent to such Counselor Services for the minor who is seeking counseling through the use of our Platform. You agree and confirm that you are not required to confer with or receive consent from any other legal guardian prior to consenting. Additionally, you also give full consent to the provisions outlined in the accompanying Privacy Policy regarding the collection, processing, and use of personal information on behalf of the minor. You also agree and consent to the Counselor Services remains valid until the deletion of the minor’s account.

 

All User Accounts

You here confirm and agree that all the information which you provided in and through the Platform, and the information which you will provide in and through the Platform in the future is accurate, true, current and complete. Additionally, you agree that during the term of this Agreement you will ensure to maintain and update this information so that it continues to remain accurate, current and complete.

You acknowledge, confirm and agree that you are solely responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We encourage you to change your password frequently and to take extra precautions in safeguarding your password.

 

You agree to notify us immediately of any and all unauthorized use of your Account Access or any other concern for breach of your account security.

 

You acknowledge, confirm and agree that Healthy Healing Counseling Services will not be liable for any and all 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 confirm and agree that your use of the Platform, including the Counselor Services, is only for your own personal use and that you are not the Platform or the Counselor Services on behalf of or for any other person or organization.

 

You agree, acknowledge 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. This includes but is not limited to obtaining unauthorized access to the aforementioned.

 

You agree, acknowledge and commit to not 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 to not 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.

 

Should you receive any file from us or from a Counselor whether it is through the Platform or not, you agree and acknowledge that you must check and can this file for any virus or malicious software prior to opening or using this file.

 

You agree to indemnify, defend, 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 agree and confirm to only use debit and 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 and acknowledge that all sales are final and that there are no exchanges and no refunds for services for any and all reasons including but not limited to you cancelling an appointment.

 

You agree to pay all fees and charges associated with your use of the Counselor Services on a timely basis and according to the fees for each service and the terms and the rates as published in the Platform.

 

4. 4. PROHIBITED ACTIVITIES

You may not access or use the Platform or the Counselor Services for any purpose other than that for which we make the Platform and Counselor Services available for. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Platform, you agree not to:

• Systematically retrieve data or other content from the Platform or Counselor Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any of Healthy Healing Counseling Services Marks or enforce limitations on the use of the Platform or Counselor Services and/or Healthy Healing Counseling Services Marks contained therein.
• Use the Counselor Services for emergency or life-threatening situations.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
• Use any information obtained from the Platform in order to harass, abuse, or harm another User or the Counselors.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Counselor Services and/ or the Platform in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Platform.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any of Healthy Healing Counseling Services’ Marks.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform and/ or the Provider Services.
• Harass, annoy, intimidate, or threaten any of our Counselors, employees or agents engaged in providing any portion of the Counselor Services to you.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Platform to obtain Counselor Services.
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Counselor Services, and/ or Healthy Healing Counseling Services Marks for any revenue-generating endeavor or commercial enterprise.

 

5. 5. USER GENERATED CONTRIBUTIONS

The Platform offers Users the option to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or privately on the Platform, including but not limited to text on your personal User Journals, questionnaires, writings, photographs, comments, suggestions, or personal information or other material contributed during the provision of Counselor Services, or any and all materials made to the Platform via your Account Access whether authorized by your or not, (collectively, “Contributions”). Contributions are not viewable by other users of the Platform. Contributions made during counseling sessions are viewable by your Counselor. Some Contributions may be visible by Healthy Healing Counseling Services. When you create, post, submit or make available any Contributions, you thereby represent and warrant that they do not constitute any of the aforementioned Prohibited Activities.

 

6. 6. CONTRIBUTION LICENSE

You and acknowledge and agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Platform, you acknowledge and agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You will retain full ownership of any and all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements, representations or misrepresentations associated with the Contributions which are provided by you or through your Account Access whether done by you or through an unauthorized access of your Account Access, to any area on the Platform. You are solely responsible for your Contributions and any and all Contributions made through your Account Access, to the Platform and you expressly agree to exonerate, hold blameless and indemnify us from any and all responsibility, loss or damages and to refrain from any legal action against us regarding your Contributions.

 

7. 7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of The Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or The Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

 

8. 8. TERM AND TERMINATION

The Agreement shall remain in full force and effect while you use the Platform and Counselor Services and will survive your termination of the use of the Platform and/ or the Counselor Services. WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

9. 9. MODIFICATIONS AND INTERRUPTIONS

You understand, acknowledge and agree that we reserve the right to change, modify, suspend, disrupt, remove or discontinue any and all contents of the Platform, the Platform, or the use of the Platform, whether to all clients or specifically to you at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. You agree and acknowledge that we will not be liable to you or any third party for any modification, price change, or any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

Our Platform depends on several factors such as software, hardware and tools either owned by us and / or operated by our Contractors and suppliers. Therefore, while we make an effort to ensure the reliability of the Platform you acknowledge and agree that we cannot guarantee the Platform will be available, accessible and reliable at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, and you acknowledge and agree that this may result in interruptions, delays, inaccessibility or errors. You acknowledge and agree that we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in this Agreement will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

 

10. 10. GOVERNING LAW

This Agreement shall be governed by and defined following the laws of St. Lucia.

Healthy Healing Counseling Services and yourself irrevocably consent that the courts of St. Lucia shall have exclusive jurisdiction to resolve any dispute which may arise in

connection with The Agreement.

 

11. 11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration or legal redress. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute between the parties will be governed by the Arbitration Acts of the member states of Caricom, preferably the member state in which such action arises and will be governed by the laws of St. Lucia unless expressly prohibited by law.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

12. 12. CORRECTIONS

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

 

13. 13. DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COUNSELOR SERVICES AND/ OR THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR COUNSELOR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY INCLUDING BUT NOT LIMITED TO THE COUNSELORS THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE AND ACKNOWLEDGE AND AGREE THAT THIS IS DONE WITH YOUR SOLE AND ENTIRE RISK.

 

14. 14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OR DAMAGES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, ARISING WITH RESPECT TO THE AGREEMENT AND ANY AND ALL USE OF THE PLATFOR WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

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 COUNSELOR SERVICES OR THE PLATFORM, 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 PLATFORM

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 The Agreement.

 

15. 15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our proprietor, affiliates, and all of our respective officers, agents, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Platform or the Counselor Services; (2) breach of The Agreement; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the Counselor Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

16. 16. USER DATA

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform and/ or the Counselor Services, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, including without limitation the loss of journal entry data.

 

17. 17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Platform, sending us emails, and completing the questionnaire or inputting any data onto the Platforms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

18. 18. NOTICES

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, 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 to contact@healthyhealingco.com

 

19. 19. IMPORTANT NOTICES ABOUT THE AGREEMENT

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Saint Lucia.

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.

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 in the High Court of Justice in St. Lucia or in any suitable courthouse in Saint Lucia. 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. Nothing in this Agreement, including the choice of the laws of Saint Lucia, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live and reside.

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 and top 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 headings for each paragraph in this Agreement is solely for the purposes of convenience and must 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 full force and effect.

To remove all and any doubt, all clauses regarding arbitration, limitations of liability, and all indemnification shall survive the termination of this Agreement.

 

Last updated 14th November 2024