PRIVATE PRACTICE HUB LIMITED
TERMS AND CONDITIONS FOR THE UK THERAPY HUB WEBSITE
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH PRIVATE PRACTICE HUB LIMITED (“PRIVATE PRACTICE HUB”, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE UK THERAPY HUB THROUGH WWW.UKTHERAPYHUB.CO.UK (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
The General Conditions under Section A shall be applicable to all Users of the Website.
If you are a Client, Section B set out herein shall apply in addition to the General Conditions.
If you are a Therapist, Section C set out herein shall apply in addition to the General Conditions.
IMPORTANT NOTICE: Clients of the Therapist Services will enter into a contract directly with Therapists for the provision of the Therapist Services listed on the Website. Private Practice Hub is not a party to that contract, and Clients and Therapists will be separately responsible and liable to one another under the terms of that contract.
SECTION A: GENERAL CONDITIONS
The following words and expressions shall have the following meanings:
“Account” means the account that Therapists set up when registering their details on the Website;
“Booking” means scheduling the provision of Therapist Services with Therapists via the Appointment.com website;
“Client” means a person or business who books the Therapist Services through Appointment.com;
“Content” means all information created by Therapists, submitted to and/or published by Private Practice Hub on the Website including, without limitation, messages, profiles, qualifications, accreditations and ratings;
“Contract” means the contract between Private Practice Hub and the Therapist in respect of the Therapist’s Use of the Website to market the Therapist Services and which incorporates these Terms;
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, rights in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Listing” means the creation of a Listing detailing the Therapist Services on the Website;
“Listing Information” means the information provided in relation to a Listing, which includes, without limitation, an accurate description of the Therapist Services;
“Login Details” means the usernames and passwords used by the Therapists to access the Account on the Website;
“Network” means the electronic communications network used to provide the Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
“Profile” means information, including without limitation, the name, address, accreditations and company details (where applicable) relating to Therapists (which may or may not be fully accessible by other Users) held by Private Practice Hub and published on the Website;
“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for Private Practice Hub’s own business purposes, including but not limited to purposes in respect of the Therapist Services and/or the Website;
“Therapist” means a person or business registered with Private Practice Hub, who is given an Account by Private Practice Hub and is offering to supply Therapist Services to Clients on the Website;
“Therapist Services” means the therapy sessions being supplied by Therapists to the Client, which are booked through Appointment.com;
“Use” means having access to the Website and “Using” shall be construed accordingly;
“User” means all who access the Website.
2. INFORMATION ABOUT UK THERAPY HUB
2.1 This Website (and its domain name) is owned and managed by Private Practice Hub.
2.2 Private Practice Hub is registered in England and Wales under company number 07793322 and with our registered office at 16 Uplands Road, Saltford, Bristol, BS31 3JJ.
2.3 The Website is an online marketplace offering Clients the opportunity to make Bookings through a third party website known as appointment.com with therapists who are registered with a professional association in therapy.
2.4 Therapists register their details on the Website, which are then available for Clients to view and make a Booking with.
2.5 Private Practice Hub may be contacted at 16 Uplands Road, Saltford, Bristol, BS31 3JJ or by email at email@example.com.
3. ACCESS TO THE WEBSITE
3.1 Users must be:
- where an individual, eighteen (18) years old or over;
- legally capable of entering into binding contracts; and
- not in any way prohibited by the applicable law in the jurisdiction which they are currently located to enter into these Terms, to Use the Website.
4. FORMATION OF THE CONTRACT BETWEEN THERAPISTS AND PRIVATE PRACTICE HUB
4.1 The date for the commencement of your contract with Us shall be determined as follows:
- If you are a User, then upon your first Use of the Website; or
- If you are a Therapist, then upon the date that we provide you with the Login Details and such Contract shall be terminated in accordance with clause 11 or 26 hereunder.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:
- accept or reject the Therapist’s application as a Therapist; and/or
- refuse you access to the Website
5. OUR OBLIGATIONS
5.1 Our ability to make available the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.
5.2 Private Practice Hub relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website available. Whilst Private Practice Hub takes all reasonable steps available to it to provide a good level of service, Users acknowledge and agree that Private Practice Hub does not warrant that the Website shall be uninterrupted or fault-free at all times. Private Practice Hub therefore shall not be liable in any way for any losses suffered as a result of delays or failures of the Therapist Services and Website as a result of Private Practice Hub’s service providers.
5.3 Private Practice Hub shall be entitled at its own discretion to suspend or make changes to the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing the sale or purchase of the Therapist Services.
6. YOUR OBLIGATIONS TO US
6.1 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
6.2 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and shall at all times:
- not use the Login Details with the intent of impersonating another person;
- if you are a Therapist, not allow any other person to use your Login Details;
- not use the information presented on or obtained using the Website or derived from the Therapist Services for any purposes other than those expressly set out in these Terms;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
- comply with instructions issued by Private Practice Hub from time to time relating to the Website;
- co-operate with reasonable security or other checks or requests for information made by Private Practice Hub from time to time;
- not use the Website and not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, posting any information on the Website which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
- not use any information obtained using the Website otherwise than in accordance with these Terms;
- contact us immediately via email at firstname.lastname@example.org or by telephone on 01173 250990 if fraudulent, unlawful or illegal use of the Website is suspected;
- notify Private Practice Hub immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
- use the information retrieved from the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
- not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant massaging, “spimming” or “spamming”; and
- comply with all applicable laws, regulations and legislations in respect of your Use of the Website.
6.3. For the avoidance of doubt, you shall at all times be fully liable for the breach of any of these Terms by a third party to access the Website.
6.4 Private Practice Hub reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
7. USER SUBMITTED CONTENT
7.1 No Content shall be submitted of any nature on the Website which is or may be construed to:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material of any kind;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses;
- infringe the rights (including the intellectual property rights) of any third party;
- false or misleading; and
- solicit a password or any other personally identifying information from other Users of the Website and/or Therapist Services for unlawful and illegal purposes.
7.2 Private Practice Hub has the sole and absolute discretion to modify, edit, vary, or re-format the Contents on its Website.
7.3 Users warrant and undertake to us that they will contact Private Practice Hub at email@example.com immediately if they consider any Content submitted by another User to breach any of the Terms herein.
7.4 If Users feel that any Content submitted by another User is objectionable, please contact us at firstname.lastname@example.org. Private Practice Hub shall use its reasonable endeavours to review the relevant Content as soon as it is practicable and shall take such action as it deems necessary, if any at all.
8. INTERACTIONS WITH OTHER USERS
8.1 The Website is designed solely to connect Clients with Therapists and permit Clients to enquire about and/or make Bookings.
8.2 Users acknowledge and agree that we only provide access to the Website. We are not involved or a participant, in any way, in respect of any contact, (face-to-face or otherwise), therapy sessions or contracts between Clients and Therapists.
8.3 Consequently, Clients acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of any relationship with the Therapist.
8.4 We recommend that Clients and Therapists take all reasonable care when arranging any meeting or otherwise with one another.
8.5 You acknowledge that We do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Therapists. Also, We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Therapists’ profiles. Consequently, all such Therapists’ information and Content available on the Website is provided “as is” and Clients agree that any use made of such content shall be strictly at their own risk. We recommend that you do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.
8.6 We do not guarantee or warrant that Therapists will receive enquiries, responses or otherwise generate business as a result of the Website, or achieve any result whatsoever through their use of the Website.
8.7 Clients acknowledge and agree that they are solely responsible for all communication with, and any subsequent dealings with, other Therapists.
9. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
9.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Private Practice Hub to you, any Intellectual Property Rights owned by and/or licensed to Private Practice Hub and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Private Practice Hub and/or its licensors.
9.2 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with Us.
9.3 You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
- removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Private Practice Hub; and
- doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Private Practice Hub without first obtaining the written permission of the owner of such Intellectual Property Rights.
9.4 Therapists warrant and represent that they own or are licensed to use any and all patents, trade marks (whether registerable or non-registerable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights in all the Content submitted to the Website.
10.1 Subject to these Terms, Therapists hereby grant Private Practice Hub a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence to:
- use the Intellectual Property Rights owned by and/or licensed by them in the Content for the Purpose; and
- at its sole discretion, choose to display or to remove any Content or any part of the same made available on the Website.
10.2 Therapists hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.
10.3 You hereby agree that Private Practice Hub may:
- refer to you in any of its marketing material as a customer of Private Practice Hub and refer to the type of services that Private Practice Hub has provided through the Website; and
- use any of your trademarks and/or logos in Private Practice Hub marketing and publicity materials for its publicity and marketing purposes.
10.4 Therapists hereby indemnify and shall keep Private Practice Hub indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by Private Practice Hub arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with Private Practice Hub’s use and/or possession of the Content for the Purpose.
11. TERM AND TERMINATION
11.1 Private Practice Hub may terminate the Contract at any time and for any reason on the provision of no less than fourteen (14) days written notice.
11.2 Private Practice Hub reserves the right to suspend and/or terminate the Therapist’s access to the Website and/or the Therapist Services immediately on notice if:
- the Network owner ceases to make the Network available to Us;
- we believe that you have failed to comply with one or more of these Terms;
- we believe that there has been fraudulent use, misuse or abuse of the Website, including any breach of clause 6 and/or 7.1; or
- we believe that Therapists have provided us with false, inaccurate or misleading information in respect of the Content and/or Use of the Website.
11.3 Upon the termination of the Contract for any reason and subject to payment of an additional fee, we shall provide the Therapist with such access to the Website for a period of 30 days from the termination of the Contract to enable Therapists to retrieve any of the Content stored on the Website. On the expiry of the aforementioned period, Therapists will no longer have access to the Content and we reserve the right to delete or destroy any such Content in our possession and/or stored on the Website.
12. 1 The Website may include facts, views, opinions, advice and recommendations from other Users which may or may not be endorsed by Private Practice Hub and Private Practice Hub shall, to the maximum extent, permitted by law exclude all liability in respect of the reliability, legality, legitimacy, accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available on the Website.
12.2 All information published on the Website including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Website shall be at your own risk and Private Practice Hub shall not be liable whatsoever for any damages and/or loss which may be incurred as a result of or in connection with your use and reliance of such information and /or Content.
12.3 Commentary and other materials posted on the Website or provided by Private Practice Hub are not intended to amount to advice on which reliance should be placed. Private Practice Hub therefore disclaims all liability and responsibility arising from any reliance placed on such materials by anyone accessing the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given by Private Practice Hub shall remain solely with the Therapists.
13. EXCLUSION OF WARRANTIES AND LIABILITIES
13.1 Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Private Practice Hub excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Website, including but not limited to warranties of satisfactory quality, non-accuracy, completeness, reliability, fitness for a particular purpose or otherwise.
13.2 Subject to clause 13.8, if Private Practice Hub fails to comply with these Terms, Private Practice Hub shall be entitled to a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.
13.3 Private Practice Hub does not verify or have any control in respect of any Content submitted to the Website, or other information made available through a party’s use of the Therapist Services and/or the Website. Consequently, Private Practice Hub does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Content or any other information made available through the Client’s Use of the Website and/or Therapist Services. Private Practice Hub advises parties not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action.
13.4 In the event that a claim or action is brought against Private Practice Hub in connection with or arising from the Therapist’s activities on the Website, including any breach by of these Terms or any charges or complaints made by other parties against the Therapists, the Therapists agrees to pay, hold harmless and defend Private Practice Hub in such a claim or action. Therapists will cooperate as much as required in the defence of any claim and allow Private Practice Hub to assume the exclusive defence and control of such matter.
13.5 Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Private Practice Hub and Private Practice Hub accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
Our liability if you are a personal User
13.6 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall be limited in the aggregate to five hundred pounds (£500.00).
13.7 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.8 In the event that you have a claim or right of action against any other User arising from their Use of the Website, you agree to pursue such a claim or action independently of and without any demands from Private Practice Hub, and you fully and completely release Private Practice Hub from all claims, liability and damages arising from or in any way connected to such claim or action.
13.9 We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
Our liability if you are a professional User
13.10 Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982.
13.11 Subject to clause 13.10, Private Practice Hub’s maximum liability to you under, arising from or in connection with your Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed in aggregate five hundred pounds (£500.00).
13.12 Subject to clause 13.10, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss
howsoever arising, and including, without limitation, any loss in respect of which you have notified Private Practice Hub may be incurred.
14. PRIVACY STATEMENT
15. FORCE MAJEURE
15.1 Private Practice Hub shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Private Practice Hub’s reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Private Practice Hub’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Private Practice Hub shall have an extension of time for performance for the duration of that period. Private Practice Hub will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
16. DISPUTES AND COMPLAINTS
16.1 In the event that the Client has a dispute with another User, the Client releases Private Practice Hub from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
16.2 If a Client has reason to believe that any of the terms contained herein have been breached or has a complaint to make in relation to the Website, please e-mail Private Practice Hub at: email@example.com or write to: 16 Uplands Road, Saltford, Bristol, BS31 3JJ. All notification and communication to Private Practice Hub should be sent to the contact details provided herein.
17.1 If Private Practice Hub fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Therapists from compliance with such obligations.
17.2 A waiver by Private Practice Hub of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by Private Practice Hub of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
17.4 No delay in exercising or non-exercise by Private Practice Hub of any of its rights under or in connection with these Terms shall operate as a waiver or release of Private Practice Hub’s rights. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
17.5 For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
17.6 Private Practice Hub reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
17.7 If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
17.8 These Terms and any document expressly referred to in them represent the entire agreement between the Client and Therapists and Private Practice Hub in respect of the Client’s and the Therapist’s use of the Website, and shall supersede any prior agreement, understanding or arrangement with Private Practice Hub, whether oral or in writing.
17.9 The Therapist acknowledges that in entering into these Terms, they have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between them and Private Practice Hub except as expressly set out in these Terms.
17.10 Private Practice Hub may alter or amend these Terms by giving reasonable notice on the Website or via email. By continuing to Use the Website after expiry of the notice period, Clients and Therapists will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, the Therapists wish to terminate the Contract, they may do so by giving Private Practice Hub notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
17.11 These Terms shall be governed by and construed in accordance with the laws of England and Wales and all parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms.
17.12 These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 (“Act“) which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.
SECTION B: CLIENTS’ ADDITIONAL CONDITIONS
This Section B shall apply to you if you are a Client. You are a Client if you make a Booking through Appointment.com to obtain the Therapist Services from a Therapist.
18. MAKING A BOOKING
Bookings are made through a third party Website, Appointment.com. Private Practice Hub is not responsible for the activities of that Website.
19. MAKING A BOOKING
19.1 You acknowledge and agree that when you make a Booking with a Therapist, you will enter into a contract directly with a Therapist for the provision of the Therapist Services. Private Practice Hub is not a party to that contract, and Clients and Therapists will be separately responsible and liable to one another under the terms of that contract.
19.2 You acknowledge and agree that when making a Booking with a Therapist, You have read and understood the description of the Therapist Services provided by the Therapists in their Listing Information. Private Practice Hub does not vet or verify the accuracy of the description of the Therapist Services or the Listing Information and you enter into a contract for the supply of those Therapist Services at your own risk.
SECTION C: THERAPISTS’ ADDITIONAL CONDITIONS
This Section C shall apply to you if you are a Therapist. You are a Therapist if we accept your registration as a Therapist, as set out below.
20. REGISTERING AS A THERAPIST
20.1 In order to offer Therapist Services on the Website you will need to set up an Account as a Therapist. To set up an Account, you will need to complete and submit a registration form to Private Practice Hub (“Therapists Registration Form”).
20.2 Upon the submission of the Therapists Registration Form, Private Practice Hub will inform you within fourteen (14) days whether your registration has been successful. In the event that your registration is successful, you shall be sent an email (“Registration Email”) to the email address you provided on the registration form. This Registration Email will contain your Account password. Your Account will not be accessible until you have received the Registration Email with your Account password.
21.1 Once you have successfully registered as a Therapist you may place Listings on the Website. You shall ensure the accuracy and completeness of all Listing Information.
22.2 All Listing Information uploaded onto the Website by you shall be in the format required by us and shall:
- relate strictly and solely to the Therapist Services you wish to advertise, which shall all be services connected with therapy sessions that you give;
- be accurate and complete;
- provide details of your accreditations and qualifications,
and we reserve the right to edit and/or remove any Listing Information at any time where we believe it is in breach of this clause 21.2.
You acknowledge and agree that when a Client makes a Booking with you through Appointment.com, you will enter into a contract directly with the Client for the provision of the Therapist Services. Private Practice Hub is not a party to that contract, and Clients and Therapists will be separately responsible and liable to one another under the terms of that contract.
23. PRICE AND PAYMENT
In consideration of providing you with an Account, you shall select a commission option which shall be agreed between us in writing, prior to us providing you with Login Details. For further details, please visit the How it Works page.
24. YOUR ADDITIONAL OBLIGATIONS AS A THERAPISTS
24.1 You shall comply with all policies and guidelines of Private Practice Hub published on the Website from time to time.
24.2 You shall respond promptly in a courteous manner to any questions received from a Client in relation to the Therapist Services made available on the Website.
24.3 You shall ensure that at all times during your Contract, you have all applicable qualifications and insurance policies in place in order to provide the Therapist Services.
24.4 You hereby indemnify and shall keep indemnified Private Practice Hub in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Private Practice Hub arising as a result of any claim or action brought by the Client in connection with the Therapist Services and the Listing Information.
24.5 You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your Use of and activities on the Website, nor will you disclose such personal information to any third party without the data subject’s express written consent. Furthermore you shall not include in the Listing Information or any other communication with any Clients any link to any URL located outside the Website, nor any advertising for any services other than your Therapist Services.
24.6 You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Listing Information and that the Listing Information shall not infringe any intellectual property rights, or any other rights of any third party
24.7 You warrant that the Listing Information is not misleading and contains all necessary information for the provision of the Therapist Services.
24.8 In the event that you are unable to provide a significant proportion of the Therapist Services after the Booking has commenced, you warrant and undertake that you will make alternative arrangements, at no extra cost to the Client for the continuation of the Therapist Services.
25. ADDITIONAL DISCLAIMER
25.1 You acknowledge that We do not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of any Clients. We make no representations and assume no responsibility for any Clients or their health, state of mind, emotions, physical condition or any other factors relevant to their participation in a Booking.
25.2 We do not guarantee or warrant that You will receive enquiries, responses or otherwise generate business as a result of the Website, or achieve any result whatsoever through Your use of the Website.
26.1 You may terminate your status as a Therapist without cause on the provision of not less than 30 days written notice to us. In such event:
- you shall fulfil all Bookings placed with you through Appointment.com on or before the date of termination;
- you shall cease all Use of the Website on or before the date of termination;
- all rights granted to you hereunder shall cease on the date of termination; and
- We shall delete your Listing(s) from the Website on the date of termination or when reasonably practicable thereafter.