THERAPIST TERMS

Welcome to Therapy-e (hereinafter referred to as the “Platform”, “Website”, “Application”, “We”, “Us”, “Our”), owned and operated by Apya Mindmates pty.ltd (hereinafter referred to as “the Company”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Therapist (hereinafter referred to as “You” or “Your” or “Therapist”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE PLATFORM YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

Our Platform is used to connect the Client (the “User”) with a Therapist/Psychologist/Psychotherapist who will provide services to the user through the Platform

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS PLATFORM, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE THERAPISTS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

  1. DEFINITIONS:

    1. “Company” shall mean Apya Mindmates Pty.ltd which owns and operates the Platform Therapy-e.com.
    2. “Therapist” shall mean an individual who wishes to offer therapy services to users through the Platform.
    3. “Clients” or “Users” shall mean the individuals who may use the Company’s Platform for availing the therapy services of the Therapist on Company’s Platform.
    4. “Registration” means the feature offered to Therapists to register on our Platform by providing us your Username, Email- address, password, documents. Once you create an account on our Platform, you can login on our Platform using your e-mail id and password and list your therapy services which you intend to sell on and through our Platform.
  2. INTERPRETATION

    1. The official language of these terms shall be English.
    2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
  3. ELIGIBILITY

    1. You may use the Platform to list your services only if you are eligible to sell the services.
    2. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Platform. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
    3. Our Platform may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Platform is revoked in such jurisdictions.
    4. We require our listed therapists from India providing services on the platform to be accredited, trained, and experienced professionals. Therapists must hold a recognized professional certification or license in India and educational degree. Therapists must be certified and licensed by their respective professional boards in India, such as the Rehabilitation Council of India (RCI) or other relevant regulatory bodies. This includes successfully completing the necessary education, exams, training, and practice requirements as applicable.
    5. We require our listed Therapist from U.S. providing Therapist Services on the Platform to be an accredited, trained, and experienced licensed U.S. psychologist (PhD / PsyD), or similar applicable recognized professional certification based on their state and/or jurisdiction. Therapists 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.
    6. The Therapists providing Therapist Services on the Platform have to be a registered, trained, and experienced as counselor, psychologist, social worker, or therapist. Therapists must have a relevant academic degree in their field, at least 3 years of experience, and have to be qualified and credentialed by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
  4. REGISTRATION

    1. The Therapists will have to register with us in order to list their services on our Platform. Therapists will have to provide documents for verification registered number with accredited board.
    2. In order to register with us, the Therapists will have to click on the applicable link of “Register as Therapist” which shall direct it to the registration page on our Platform and therein you have to provide details such as your Username, E-mail id, password and relevant documents. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at Contact@therapy-e.com of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Platform account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
    3. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
    4. When creating an Account, don’t:
      1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
      2. Use a username that is the name of another person with the intent to impersonate that person;
      3. Use a username that is subject to rights of another person without appropriate authorization; or
      4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
    5. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at Contact@therapy-e.com.
    6. You shall not transfer or sell your account on our Platform and User ID to another party.
    7. Our Services are not available to temporarily or indefinitely suspended Therapists. Our Platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Platform reserves the right to refuse service to anyone, for any reason, at any time.
    8. One individual can own only one account in his/her name.
    9. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our terms of service and all other policies listed on the Platform and all other operating rules, policies and procedures that may be published from time to time on the Platform by the Company
  5. SERVICES

    1. The Company offers the Therapist an online platform to list its services and sell the same to the Clients. The Client shall be assigned to the Therapist based on the information provided by the Client. The Therapist may accept / reject any assigned booking depending upon their schedule.
  6. THERAPIST SUSPENSION

    1. Therapists on may face suspension or termination of their account under the following conditions:
    Professional Misconduct
    1. Breach of Confidentiality:
      Sharing client information without proper consent, especially critical in online settings where data security is paramount.
    2. Unprofessional Behaviour:
      Engaging in inappropriate or disrespectful communication with clients via text, video, or other digital means.
    3. Incompetence:
      Demonstrating a lack of skill or knowledge in providing online therapy services effectively.
    Ethical Violations
    1. Misrepresentation:
      Providing false information about qualifications, experience, or the nature of services offered.
    2. Exploitation:
      Taking advantage of clients financially or emotionally, especially given the potential for anonymity and distance in online interactions.
    3. Inappropriate Relationships:
      Engaging in relationships that could impair professional judgment or exploit the client-therapist dynamic.
    Legal Issues
    1. Non-compliance with Regulations:
      Failing to adhere to legal requirements for telehealth services, such as licensing and jurisdictional laws.
    2. Criminal Activity:
      Being involved in illegal activities that could undermine trust and safety in the online therapy platform.
    Technical Issues
    1. Data Security Breaches:
      Failing to protect client data adequately, leading to privacy violations or unauthorized access to sensitive information.
    2. Improper Use of Technology:
      Using unapproved or insecure platforms for sessions, leading to potential breaches of confidentiality and security.
    Client Complaints
    1. Harmful Practices:
      Engaging in practices that cause harm to clients, such as providing incorrect advice or inappropriate treatment.
    2. Neglect:
      Failing to provide timely and appropriate responses to clients’ needs or emergencies in an online setting.
    Violation of Platform Policies
    1. Non-compliance with Terms of Service, Therapist Terms and other policies:
      Failing to adhere to the online therapy platform’s specific rules and guidelines.
    2. Inconsistent Availability:
      Frequently missing scheduled sessions or being unavailable without reasonable notice, disrupting client care.
    Unprofessional Conduct
    1. Inappropriate Content:
      Sharing or promoting inappropriate content during sessions or on the platform.
    2. Poor Communication Skills:
      Demonstrating inadequate communication skills that hinder the effectiveness of online therapy.
    Unprofessional Conduct
    1. Inappropriate Content:
      Sharing or promoting inappropriate content during sessions or on the platform.
    2. Poor Communication Skills:
      Demonstrating inadequate communication skills that hinder the effectiveness of online therapy.
    Feedback and Reviews
    1. Negative Client Feedback:
      Accumulating consistently poor reviews or negative feedback from clients regarding the quality of care or professional conduct.
    Regulatory Actions
    1. Disciplinary Actions by Other Bodies:
      Prior disciplinary actions by professional regulatory bodies or other online platforms.
    Technical Competence
    1. Inability to Use Online Tools Effectively:
      Demonstrating a lack of ability to use the online platform’s tools and features properly, impacting the delivery of therapy services.
    Procedure for Suspension
    1. Report or Complaint:
      A report or complaint is made by a client, another therapist, or a platform monitor.
    2. Investigation:
      The platform conducts an investigation into the allegations, reviewing session logs, communications, and other relevant data.
    3. Hearing or Review:
      A formal or informal hearing or review process may be conducted where evidence is examined.
    4. Decision:
      Based on the findings, the platform decides on the appropriate disciplinary action, which may include suspension or termination of the therapist's account. Suspension from the online therapy platform aims to maintain the integrity and safety of the platform, ensuring that clients receive high-quality, ethical, and secure care.
  7. THERAPIST’S RESPONSIBILITY FOR LISTING SERVICES ON THE PLATFORM AND ITS OBLIGATIONS:

    1. The Therapist agrees to ensure that the listing description must not be misleading.
    2. Company may perform a variety of marketing activities to promote Therapist and the Therapist’s list of services and other information provided to Company, all such marketing activities will be determined in Company’s sole and absolute discretion and the Company’s Platform content may be changed, without notice and from time to time, to reflect any such changes.
    3. The Therapist hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company’s Platform, or the Company’s Marketing Activities; and, in connection with Company’s exercise of the license rights granted by the Therapist
    4. The Therapist shall be fully compliant towards the terms of service of the Platform, present terms, privacy policy of the Company etc.
  8. PAYMENT AND COMMISSION:

    1. Therapists will be compensated for each completed session. The Platform will deduct a commission of [X]% from the total session fees earned by the therapist.
    2. The Platform shall collect payments, deduct its commission, and transmit the remaining amount in the bank account of the Therapist within _______ business days of the receipt of the payment by the Company.
    3. Therapist No-Show:
      If a therapist does not show up for a scheduled session, they will not be paid for that session. Additionally, their priority for being assigned new clients will be lowered.
    4. Client Cancellation/Rescheduling:
      Clients have the right to cancel or reschedule a session up to 24 hours before the scheduled time. In such cases, the therapist will not be paid for the session.
    5. Client Late Cancellation:
      If a client cancels within less than 24 hours before the scheduled session, the therapist will receive partial session fee.
    6. Client Early Cancellation/Rescheduling
      If a client cancels or reschedules more than 24 hours before the scheduled session, the therapist will not be paid for the session.
    7. If the Platform assigns a Therapist to the Client and the client interacts with the therapist but does not book or schedule a session, the therapist will not be compensated.
  9. COVENANTS OF THERAPIST:

    1. The Therapist hereby covenants with the Company as under:
    1. The Therapist shall have applicable licenses and permits to render therapy services on our Platform.
    2. The Therapist agrees to indemnify and keep indemnified the Company from all claims/losses (including lawyers fee for defending/prosecuting any case) that may arise against the Company due to acts/omission on the part of the Therapist.
    3. To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is derogatory in nature. Further it will forward the therapy services description and image only for the therapy services which is offered for sale through the Platform of the Company. The Therapist agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Company.
    4. To provide full, correct, accurate and true description of the listing so as to enable the clients to make an informed decision.
    5. To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the therapy services offered for sale through portal of the Company.
    6. At all times have access to the Internet and its email account to check the bookings placed by Clients.
    7. To be solely responsible for any dispute that may be raised by the Client relating to the sessions provided by the Therapist. No claim of whatsoever nature will be raised on the Company.
    8. The Therapist covenants that it shall not solicit the Clients of the Company’s Platform at any time during the term of this agreement.
    9. Therapists and clients are strictly prohibited from sharing their personal contact information (such as phone numbers, email addresses, home addresses, or social media profiles) with each other. All interactions must occur through the Platform to ensure privacy and security.
  10. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF THERAPIST:

    1. The Therapist hereby covenants with the Company as under:
    1. All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Therapist.
    2. There are no proceedings pending against the Therapist, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
    3. That Therapist hold all the requisite permissions, authorities, approvals and sanctions to conduct its services and to enter into present agreement with the Company.
    4. Therapist agrees that appropriate disclaimers and terms of service on Company’s Platform shall be placed by the Company.
  11. INTELLECTUAL PROPERTY RIGHTS:

    1. The Therapist expressly authorizes the Company to use its trade marks/copyrights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the Platform and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
  12. CLIENT DATA:

    1. "Client Data" means any and all identifiable information about Clients generated or collected by Company or the Therapist, including, but not limited to, Client’s name, email addresses, services availed, phone numbers, and client’s preferences and tendencies. The Therapist agrees that it will only use the Client’s Data in fulfilling the applicable Client Order and in complying with its obligations in this Agreement, and the Therapist agrees that Client Data will not be used for personal benefit and not to be disclosed to any third party.
    2. The Therapist represents, warrants, and covenants that it will not resell or otherwise disclose any Client Data to any third party, in whole or in part, for any purpose whatsoever. The Therapist agrees that it will not copy or otherwise reproduce any Client Data other than for the purpose of providing services to the Client.
  13. RELATIONSHIP:

    1. Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Therapist and Therapist shall not represent the Company, neither does it have any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
  14. INDEMNITY:

    1. The Therapist indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Therapist’s therapy services, the breach of any of the Therapist’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or terms of use of Company’s Platform or any obligations arising out of the Therapist infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, taxes. Etc. This clause shall survive the termination or expiration of this Agreement.
  15. LIMITATION OF LIABILITY:

    1. The Company on the basis of representation by the Therapist is marketing the therapy services of the Therapist on its Platform to enable Therapist to offer its therapy services for sale through the Company’s Platform. This representation is the essence of the Contract.
    2. It is expressly agreed by the Therapist that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Therapist or any other party whomsoever, arising on account of any transaction under this Agreement.
    3. The Therapist agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the therapy services offered for sale through Company’s Platform (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages. uinuFurther the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Therapist or any of its representatives.
    4. The Company under no circumstances shall be liable to the Therapist for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Therapist has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Therapist to have been deliberately caused by the Company.
  16. TERMINATION:

    1. This Agreement may be terminated by the Company forthwith in the event:-
    1. Therapist commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after written notice given by the Company.
    2. If a Petition for insolvency is filed against the Therapist.
    3. If the Therapist is in infringement of the third party rights including intellectual property rights.
    1. This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
  17. EFFECTS OF TERMINATION:

    1. In the event of termination/expiry of this Agreement, the Company shall remove and shall discontinue display of the Therapist’s therapy services on its Platform with immediate effect.
    2. Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Therapist by virtue of termination of this agreement.
    3. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
  18. GOVERNING LAW AND DISPUTE RESOLUTION:

    1. This Agreement and any action related thereto will be governed by the laws of Australia without regard to or application of its conflict of law provisions or Therapist’s state or country of residence.
    2. Therapist agrees to submit to the exclusive jurisdiction of the courts sitting in _______________, Australia in relation to proceedings arising out of this agreement.
    3. If there is a dispute between the Therapist and a Client, the Therapist understands and agrees that Company is under no obligation with respect thereto, and the Therapist, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
    4. The Therapist agrees that in case it is unable to resolve its disputes with the clients then the Company has the right to remove the Therapist from its listings on the Platform and terminate this agreement.
    5. In case of dispute between Company and the Therapist, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of Australia.
    6. The decision of the arbitrator shall be final and binding.
    7. The language to be used and all written documents provided in any such arbitration shall be in English.
  19. DISCLAIMERS:

  20. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY OTHER PLATFORMS LINKED TO THE PLATFORM, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE THERAPIST'S ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) 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. THE COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES.

  21. NOTICES:

    1. Except as explicitly stated otherwise, any notices given to Company shall be given by email to Contact@therapy-e.com. Any notices given to the Therapist shall be to the email address provided by the Therapist to the Company at the time of listing (or as such information may be updated via the Platform by Therapist from time to time).
    2. Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by email. Such communications shall be effective when they are received by the addressee.
  22. BINDING EFFECT:

  23. This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
  24. ASSIGNMENT:

  25. The Therapist shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.
  26. SEVERABILITY:

  27. If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties.
  28. INJUNCTIVE RELIEF:

  29. Therapist acknowledges and agrees that in the event of a breach or threatened breach of this agreement by Therapist, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.
  30. AMENDMENT:

    1. Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Platform, (ii) be effective thirty calendar days after being so posted on the Platform, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended agreement at the address of the Therapist. The Therapist agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Platform to keeping the Therapist’s listing and contact information current.
    2. Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Platform and (or any part thereof) with or without notice. The Therapist agrees that Company shall have no liability to the Therapist or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Platform.
  31. FORCE MAJEURE:

  32. Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Vendors; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
  33. WAIVER OF RIGHTS:

  34. A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
  35. MISCELLANEOUS:

    1. Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
    2. Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
    3. Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
  36. ENTIRE AGREEMENT:

  37. This agreement along with the terms of use, privacy policy and other policies published on the Platform constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
  38. CONTACT US:

    1. For any further clarification of our Therapist Terms, please write to us at Contact@therapy-e.com.