Terms and conditions - IIA Lotus Flower Counseling

Please read these Terms and Conditions carefully

Introduction

These Terms and Conditions (the “Agreement”) apply to everyone accessing and using our online Platform that is owned and operated by IIA Lotus Flower Counseling Ltd., a limited liability company registered in England under company number 13106106.

By accessing and using The Platform, you signify your consent to the Platform’s Privacy Policy and Terms and Conditions that are legally binding.

We reserve the right to modify this Agreement at any given time, by posting a new version on the Platform. All users will be bound by the revised Terms and Conditions if they continue to use the Platform or the services following the effective date shown. If Users do not agree with these Terms and Conditions, they will stop using the Platform immediately.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN USERS AND IIA LOTUS FLOWER COUNSELING LTD. USERS CONFIRM THAT THEY HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY IIA LOTUS FLOWER COUNSELING LTD, EXCEPT AS SET FORTH IN THIS AGREEMENT.

ALL TERMS AND CONDITIONS SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Purpose of the Platform

The Platform will be used to connect Health Care Professionals in different domains and areas of expertise, thus including Mental Health Care Professionals, who will provide services through the Platform with Clients.

The Platform’s role is limited to enabling these services while the quality of the services themselves is the sole responsibility of the Practitioners who provide them. If Clients feel the services offered by a Health Care Provider do not fit their needs or expectations, they may change to a different Practitioner who provides services through the Platform.

PRACTITIONERS ON IIA LOTUS FLOWER COUNSELING LTD DO NOT PROVIDE CLINICAL DIAGNOSIS THAT REQUIRES IN-PERSON EVALUATION AND DO NOT PRESCRIBE MEDICINE! AS A DIRECT CONSEQUENCE, DO NOT DISREGARD OR DELAY IN GETTING IN-PERSON CARE FROM YOUR PHYSICIAN BECAUSE OF ADVICE RECEIVED THROUGH THE PLATFORM!

IF A PERSON IS THINKING ABOUT SUICIDE OR IF HE/SHE IS CONSIDERING HARMING THEMSELVES OR OTHERS OR IF HE/SHE HAS ANY MEDICAL EMERGENCY, THEY MUST IMMEDIATELY SEEK IN-PERSON ASSISTANCE WHILE CALLING THE EMERGENCY SERVICE NUMBER AND NOTIFYING THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE HEALTH CARE PROFESSIONALS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THESE CASES! WE ADVICE CLIENTS TO IMMEDIATELY NOTIFY US IF PRACTITIONERS ON THE PLATFORM DO NOT COMPLY!

USERS HEREBY AGREE TO LET US HAVE THEIR CONTACT INFORMATION AT HAND AND TO ALLOW US TO OFFER ACCESS TO IT FROM THIRD PARTIES IF WE CONSIDER THEIR SAFETY OR THE SAFETY OF OTHERS IS AT RISK.

Registration

Health Care Professionals that use the Platform are required to have a relevant academic degree in their field, to be accredited and experienced licensed psychologists, therapists, counselors, trainers, psycho educators, ND’s, or similar applicable recognized professional certifications. We maintain that at least a master’s degree is required to become a professional on the Platform, but not necessarily, as exceptions to this rule may be occasionally allowed based on criteria of excellence in their area of expertise.

Data and information provided on the Platform must be accurate, consistent with reality, and can in no way induce the addressee in error.

Counselors/Clinicians/Tutors/Trainers/Psycho educators/Coaches/ND’s (generally referred to as “Health Care Providers” OR “Health Care Professionals” OR “Health Care Practitioners") are not IIA Lotus Flower Counseling Ltd.’ s employees but independent providers. As independent providers, they are solely responsible for the services they deliver on the Platform which they must update promptly to maintain their accuracy, and for all tax returns and payments with respect to compensation from their Clients. IIA Lotus Flower Counseling Ltd. has done a rigorous background check on their credentials, but it does not warrant the service of any Health Care Provider registered on the Platform. It is highly important for Clients to understand it is solely their responsibility to decide which Health Care Professional to work with and to let us know of any information that might contradict deontology and morality on the Platform.

Health Care Providers on the Platform are not authorized to make any representation or contract on behalf of the Platform unless specifically requested or authorized in writing by the founder of IIA Lotus Flower Counseling Ltd. If a Health Care Provider represents a company/organization, it is mandatory to show written proof that they have the authority to act on behalf of that entity.

IIA Lotus Flower Counseling Ltd. reserves the right to refuse a registration if these Terms and Conditions are not met and to terminate the registration of Users who violate any of these Terms and Conditions at any time, without having to justify its decisions.

IT IS FORBIDDEN, WITH NO EXCEPTION, FOR HEALTH CARE PROVIDERS AND CLIENTS TO AUDIO AND VIDEO RECORD SESSIONS OR PARTS OF SESSIONS THEY ENGAGE IN ON ANY PLATFORM THEY USE AS PART OF THE AGREEMENT WITH IIA LOTUS FLOWER COUNSELING LTD AND TO MAKE THEIR EMAIL COUNSELING PUBLIC. CONFIDENTIALITY IS EXTREMELY IMPORTANT TO US AND WE RESERVE THE RIGHT TO TAKE LEGAL ACTION IF USERS DO NOT COMPLY!

ALL PHOTOGRAPHS AND DIGITAL IMAGES ARE PROTECTED BY COPYRIGHT ON IIA LOTUS FLOWER COUNSELING LTD!

Health Care Professionals and Clients must disclose any criminal convictions they may have, including any criminal convictions or cautions received at any time after having registered on the Platform and for as long as they remain registered. If Health Care Providers work with children, they must present a legal document or an affidavit in which they state they are legally allowed to work with children.

HEALTH CARE PROFESSIONALS CANNOT HOWEVER WORK WITH CHILDREN UNLESS A CAREGIVER IS ALWAYS PRESENT OR THE CAREGIVER HAS GIVEN A WRITTEN CONSENT FOR THE HEALTH CARE PROVIDER THEY BOOKED TO WORK WITH HIS/HER CHILD ALONE. IT IS SOLELY THE RESPONSIBILITY OF THE CAREGIVER AND THE HEALTH CARE PROFESSIONAL TO AGREE TO THESE TERMS AND IIA LOTUS FLOWER COUNSELING LTD IS NOT TO BE MADE LEGALLY RESPONSIBLE OTHERWISE.

Health Care Providers must provide a safe experience for all Clients in which they are committed to ensuring that:

(a) the welfare of all Clients whatever their age, gender and sexual identity, racial origin, religious belief, ability and culture is paramount;

(b) all Clients will receive the benefit of counseling in a safe environment while being protected from harm and discrimination and respected in their rights, wishes, and feelings.

Health Care Professionals cannot include in their description any identification detail that will allow Clients to contact them outside the Platform.

Health Care Providers and Clients must not, under any circumstance, use the Platform with the intention to engage directly outside of the Platform afterwards and must not promote other companies on the Platform.

Health Care Providers agree to the Platform’s ranking system which is a mixture of professional achievements, agreement to the economic package, clients ranking and comments, the number of sessions provided, prompt messaging, and repeated bookings. The Platform reserves the right to change the way professionals are ranked at any time.

When Health Care Professionals and Clients use the Platform, the Platform automatically collects personal information about the Users’ interaction on the Platform such as log in date and times, IP address, hardware and software information, as to be able to provide and improve functionalities on the Platform. The Platform may retain personal data from closed accounts in order to comply with legal obligations, enforce our Terms and Conditions, prevent fraud, collect any fees owed, resolve disputes, assist with any investigations and take other actions as permitted by law.

All Users agree not to circumvent or disintermediate, or attempt to circumvent or disintermediate, the Platform in any way during any period of confirmed bookings or at any time within twelve months of the date of the most recent Booking on the Platform and agree to pay a mutually agreed compensation if caught.

All Users are to immediately report to the Platform any defamatory, offensive, or illegal material they view on the Platform. They must contact the Platform immediately if they suspect their password has been compromised. If they fail to do so, they will be solely responsible for any interaction conducted in their name on the Platform until they have notified the Platform.

The Platform will ensure complaints are considered promptly within ten days from the complaints registered within the system and in accordance with these Terms and Conditions.

All Users agree and confirm that their use of the Platform is solely for their own personal use and that they are not using the Platform for or on behalf of any other person or organization.

All Users agree and commit not to make any use of the Platform for the posting, sending or delivering of the following:

(a) unsolicited email and/or advertisement or promotion of goods and services;

(b) unlawful, threatening, harassing, abusive, privacy invading, obscene, racist or potentially harmful content;

(c) any content that infringes and causes damage to a third party’s right including intellectual property rights;

(d) any content which may constitute, cause or encourage a criminal action or violate any applicable law;

(e) malicious software or code.

All Users agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to their use of the Platform.

All Users will indemnify, defend, and hold the Platform 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) Users’ access to or use of the Platform;

(b) any actions made with Users’ account or Account Access whether by Users or by someone else;

(c) Users’ violation of any of the provisions of this Agreement;

(d) non-payment for any of the services (including Health Care Professionals’ Services) which were provided through the Platform;

(e) Users’ violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

ALL USERS HEREBY RELEASE IIA LOTUS FLOWER COUNSELING LTD AND AGREE TO HOLD THE PLATFORM HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE HEALTH CARE PROVIDERS’ SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY HEALTH CARE PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

THIS AGREEMENT SHALL SURVIVE EXPIRATION OR TERMINATION OF CONTRACT BETWEEN USERS AND IIA LOTUS FLOWER COUNSELING LTD.

Fees, billing and payments

Health Care Professionals registered on the Platform are responsible for setting their own fees while in no way undercutting the Platform.

Health Care Professionals and Clients understand and agree to abide by the Platform’s payment policies and to pay all costs associated with the services of the Platform. These costs include but are not limited to:

(a) Health Care Providers’ hourly rate as listed;

(b) cancellation fees as described in cancellation policy;

(c) the commission arrangement between Users and the Platform.

The price of a session is a combination of the Health Care Professional Fee and the Platform’s Fee. The Platform’s Fee is 30% of the Health Care Provider fee received by the Platform as an agent for Health Care Professionals.

The exact price of a session is always displayed on the Platform. Payment of a booked session can be done either online by debit cards, credit cards, or PayPal (“Payment Means”).

HEALTH CARE PROVIDERS SHALL INDEMNIFY IIA LOTUS FLOWER COUNSELING LTD FOR ALL CLAIMS AND LIABILITIES ARISING OUT OF ANY USE OF THE PLATFORM, INCLUDING ANY COSTS AND EXPENSES INCURRED.

All Users confirm and agree to use only credit cards or other payment means which they are solely and fully authorized to use, and that all payment-related information that they 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.

All Users agree to pay all fees and charges associated with their Account on a timely basis and according to the fees schedule, the terms and the rates as published on the Platform. By providing IIA Lotus Flower Counseling Ltd. with their Payment Means, Users authorize the Platform to bill and charge them through the Payment Means they established, herein including but not limited to monthly and annual payments, and to maintain valid Payment Means in their Account information.

Cancelation Policy

Health Care Providers are bound by these Terms and Conditions to provide the sessions they are booked and paid for.

If a Health Care Provider does not, for any reason, provide a session, he/she must reschedule it within 7 days without extra costs from the client OR he/she must refund the client in full. Health Care Professionals agree that the Platform’s fees are non-refundable.

If clients decide to cancel a session, regardless of the reason, they understand they will not be refunded for the session they chose to cancel because Health Care Providers charge for the time that is scheduled to be used, much like other medical professionals.

Health Care Providers on the Platform MUST allow at least 15 minutes from the scheduled start time of the session for Clients to attend.

All Users agree to abide by the Terms and Conditions provided through the Platform. If they do not comply with these Terms and Conditions, they will be suspended from using the Platform without prior notice. The Platform reserves the right to cancel any existing booking under such circumstances and Health Care Providers will refund whatever existing payments they might have in full.

Guarantee limitation

The Platform does not guarantee that the operation of its services is continuous, fast, and fully secure. The Platform will not be held responsible for the loss of information, interruption, and malfunction of their services or for false statements and prejudices resulting from them. All other warranties, express or implied, are excluded.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim. All Users irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. All Users understand and consent that IIA Lotus Flower Counseling Ltd. is not to be held legally responsible for Health Care Providers’ services on the Platform. As a direct consequence, any dispute between Health Care Providers and Clients is to be dealt directly, without involving the Platform.

Unlimited email support

The Platform has dedicated customer support available to assist you and answer any questions that arise within 5 working days of receiving your request. Please don’t hesitate to contact us at office@iiapsy.com or ioana@iiapsy.com

Contact Information

IIA Lotus Flower Counseling Ltd.

Registered Office: Unit 8, City Business Park Somerset Place Plymouth PL3 4BB

Company Number: 13106106

Contact: + 40 728 787 303 or office@iiapsy.com

Collected Data

The Platform automatically collects personal identifiable information that is data that allows the Platform to identify a particular person, such as name, phone number, email and physical address, interests, qualifications etc.

When Health Care Providers and Clients use the Platform, the Platform automatically collects information about the Users’ interaction on the platform such as log in date and times, IP address, hardware and software information, as to be able to provide and improve functionalities on the Platform.

The data is used by us but may be passed on to any 3rd parties (including but not limited to, Clients ISP or law enforcement agents) particularly if we receive abuse from a particular user.

The Platform may retain personal data from closed accounts in order to comply with legal obligations, enforce our Terms and Conditions, prevent fraud, collect any fees owed, resolve disputes, assist with any investigations and take other actions as permitted by law.

Cookies

IIA Lotus Flower Counseling Ltd. uses cookies and similar technologies to better understand site traffic patterns, to approximate location as determined through IP address or mobile device’s GPS, to offer its Users the best of experience, and to optimize efficiency on the Platform.

IIA Lotus Flower Counseling Ltd. does not currently use cookies for any advertising services.

Last Updated: October 5, 2022