Terms of providing psychological services
- These Terms constitute an example of agreement concluded between the Service Provider and the Client.
- All declarations of will and knowledge submitted by the parties to each other, require for their effectiveness, a possibility of reaching the website by respective Party in such a way as to be able to read their content through the website or e-mail address.
- Psychological services can be used by persons with a full legal capacity. The ability to use psychological services by persons without full legal capacity depends on giving their assent by their legal guardians and the effective delivery of the original of that consent to the Service Provider.
- The words used in the present document have the meaning that is common in Polish language, except the following words, which have the following meaning:
- E-mail address – means the address of electronic mail provided by the Customer in the form
- Form – means filling out the registration form which is necessary for enabling a proper use of psychological services,
- Client – means a natural person who uses the services provided by the Customer as a part of the service,
- Account – means a customer’s account generated by filling the form properly, enabling the use of psychological services offered by the Service Provider within the confines service, operated by the Client exclusively, ensuring that no one else can have a legal access to it,
- Psychologist – means a person entitled to practice as a psychologist under the Act of June 8-th, 2001 on the profession of psychologist and professional self-government of psychologists (Dz. U. of 2001, No. 73, pos. 763 as amended)
- Service – means a website with an Internet domain www.psychologonline-24.pl legally owned by Service provider,
- Agreement – means an agreement for providing psychological services electronically,
- Service – means any service offered by the Service Provider but not a psychological service,
- Psychological Service – means the psychological services offered by the Service Provider, in particular psychological diagnosis, assessing, judging unless specific provisions provide so, psychotherapy, psychological assistance.
- Service Provider – means an entity providing services and psychological services in accordance with applicable law
- Services offered by the Service Provider within the confines of service are free of charge and chargeable.
- Within the confines of free services, the Client can get mainly information concerning the range of services and psychological services, means of communication, fees and way of payment.
- Within the confines of chargeable services, the Client can get, most of all, the opportunity to benefit from psychological services, provision of which is subject to the payment of appropriate fees according to the services price list.
- Chargeable services may be made by a bank transfer or using traditional Payu or Paypal payment systems.
- Psychological services are performed each time by a psychologist.
- www.psychologonline-24.pl service offers following forms of services:
- Psychological counselling in the form of an audio-video, individual one
- Psychological counselling in the form of text messages/ email advices
- Chargeable / free authorial self-help books, mp3 video
- For the purposes of services offered on www.psychologonline-24.pl website, the Client is required to meet minimum technical requirements of the equipment and Internet connection.
- The Client should have at least a computer with a dual-core processor with a frequency of 2 GHz or faster.
- The Client should provide at least a broadband connection to the Internet with a bandwidth of at least 1Mb/S (download/upload) and in the event of a group consultation 1Mb/S (upload) and 2 Mb/S (download).
- The Client should have a registered Skype account at: http://www.skype.com/pl/ necessary to conduct video consultation.
FORM OF PROVIDING PSYCHOLOGICAL SERVICES
- Providing psychological services by the Service provider to the Client can be made through one of the forms of communication: text message or video chat.
- The choice of the form of psychological services being provided belongs to the Client.
- The Client, while choosing a specific form of providing psychological services, confirms the familiarization with the technical conditions enabling the correct use of the chosen form of communication. Detailed technical conditions have been indicated by the Service provider in the description of the different forms of communication.
- The Service provider is obliged to make the Psychologist answer Client’s mail within 4 working days from receiving the message.
- To start using free services, all the Client needs is to enter the website.
- In order to start using chargeable services and psychological services, the Client should do as follows:
a) enter the service
b) read all provisions of the Terms,
c) fill the form correctly by providing the required correct personal data, a statement of acceptance of the terms without any reservations and meeting the conditions required by the Terms – by checking the appropriate form fields.
d) approve data entered on the form and send it to the Service provider for processing.
- By performing the above actions by the Client, the Service provider can create the account on the website according to the data given in the form. The Service provider can refuse to create an account with the specified name, if it is already being used by another entity within the confines of the service, is illegal or violating interests of the Service provider.
- By creating an account, Client will get the ability to send messages, to book appointments, to pay for psychological services, to make and receive declaration of intent and knowledge.
- The agreement, under which chargeable services as well as psychological services will be provided, is concluded at the moment when the Client selects services or psychological services offered by the Service Provider, which are to be provided for him/her.
- Conclusion of the agreement under which psychological services will be provided, is synonymous to the agreement of the Customer, being a subject of diagnosis and psychological interaction, and his acceptance of those services.
- Postponement of the visit is possible 72 hours before the visit itself. After this time, it is impossible to postpone it.
- The Client, who did not appear on video chat without postponing it within a minimum time, is not entitled to reimbursement.
- For the Customer who did not provide any confirmation of a traditional transfer for a given service of video conversation with a minimum advance of 48 hours, meeting is cancelled.
- The above mentioned provisions do not exclude § I, paragraph 3 of the Terms.
FEES AND METHODS OF PAYMENT
- A fee for services and psychological services is a contractual fee and it includes value-added tax.
- The Client, after choosing services or psychological services provided to him/her, is obliged to pay an appropriate fee.
- The fee for a service or a psychological service can be paid via PayU and Paypal available on a website.
- There is a possibility of using other forms of payment after previous contact with site administrator at: firstname.lastname@example.org
- The amount of fee for psychological service can be checked at the price list on a website.
- The Client is obliged to pay the fee immediately. In every case, the fee must be paid before starting psychological services by the Service Provider.
- Improper amount of the fee being paid or after the date, means that Service Provider has no obligation to provide psychological services for the Client in the confines of the agreement.
- The fee is considered to be paid off when the money enter a bank account of the Service Provider.
- The Service Provider reserves the right to use discounts at selected periods and in relation to specific groups of entities.
- On Client’s request, the Service provider can issue a bill, after receiving Client data necessary for its issuing.
- In the absence of a Client within the first 15 minutes, the Psychologist has the right to cancel the meeting and then the Client is not entitled to get a refund for the meeting.
RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Service Provider:
a) depending on the type of the agreement, commits to provide the Client with services and psychological services in accordance with its content and provisions of the Terms.
b) agrees to maintain the confidentiality of information concerning the Client and obtained in the confines of the contract, in particular within the range of psychological services, unless the laws provide otherwise. The confidentiality obligation is not time limited.
c) applies a personal data protection policy in accordance with the Act of 1997.
d) shall be liable for failure or improper performance of the Agreement, unless the non-performance or improper performance is due to the act or omission of the Client, act or omission of a third party or force majeure.
e) can withdraw from the agreement in accordance with the Terms.
f) under the agreement, has no obligation to provide chargeable services, in particular psychological services when the Client did not pay the fee.
g) under the agreement, has the right to stop providing services and psychological services when the Client is spreading illegal or offensive content.
h) has the right to suspend the website for given services and their maintenance, as well as software and hardware associated with it.
i) has the right to block the Client’s account, who violates any provision of the Terms or the law.
j) has the right to change the Terms, and the changes will be effective after 14 days from the moment of their announcing on a website.
- 1. The Client:
a) has the right to benefit from psychological services under the agreement and the provisions of the Terms.
b) may submit a complaint, in accordance with the Terms.
c) has the right to withdraw from the agreement in accordance with the provisions of the Terms.
d) has the right and duty to control, change and request deletion of data provided and send to the Service provider.
e) when the account is blocked by the Service Provider, its re-registration cannot be done without the consent of the Service Provider in writing.
f) has a duty not to make available the account to other parties without the consent of the Service Provider in writing.
g) is responsible for the effects of therapy with a psychologist
h) is obliged not to use any information obtained under the contract without the consent of the Service Provider in writing.
- Filling the form by the Client in order to create an account is tantamount to giving the consent to the processing of personal data specified in the form by the Service Provider.
- In the case of non-performance or improper performance of the agreement by the Service provider, the Customer has the right to make a complaint.
- The complaint should be made in writing and it should be sent to the address of the Service Provider.
- The complaint should primarily include data allowing identification of agreement and the Client – as its party and all circumstances concerning non-performance or improper performance of the agreement by the Service Provider.
- The complaint should be made immediately but within 30 days from the date of occurrence of the circumstances causing the failure or improper performance of the agreement by the Service Provider.
- The Service Provider will consider a complaint immediately after its delivery in writing, but not later than within 30 days of its receipt.
- In the case of rejection of the complaint concerning the failure or improper performance of the agreement, the Client can take legal steps in court.
WITHDRAWAL FROM THE AGREEMENT
- Each of the agreement parties has the right to withdraw from the agreement, except the agreement under which the psychological services will be provided via the text messages as a form of communication.
- This right can be executed by submitting an appropriate statement to the other side.
- The statement concerning withdrawal must be delivered so that the other party could read it no later than 72 hours before the date of execution of the agreement.
- In case of withdrawal the agreement within time lesser than 72 hours, the Client is not entitled to a refund for psychological services.
- The Terms are in force from the date of posting it on the site and it is an integral part of the agreement concluded with the Client.
- Psycholoonline-24.pl reserves the right to change the Terms at any time, to any extent, without obligation to notify the Service Users.
- In any case, particularly if the Client is a foreign entity, the law of the agreement is the Polish law and any disputes resulting from the agreement and the Terms between the Service Provider and the Client are considered by Polish courts. It is assumed that the agreement has been concluded at the Service Provider’s headquarters, i.e. in Turbia.
- In cases not covered by the provisions of the Agreement and Terms, particular provisions can apply:
a) Act of June 8-th 2001 on the profession of psychologist and professional self-government of psychologists (Dz.U.2001.73.763 as amended)
b) Act of July 18-th 2002 on electronic services (Dz.U.2002.144.1204 as amended)
c) Act of April 23-rd 1964, Civil Code (Dz.U.1964.16.93 as amended)