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terms & conditions

This agreement sets out the terms and conditions in relation to you requesting information or services that are advertised on our website.

 

Please read these terms carefully before you start to use the Website or register with us.  By registering with us you indicate that you have read and understood and accept these terms, the Website Terms of Use, and our Privacy and Cookies Policy and that you agree to be bound, without limitation or qualification to all those terms.

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background

  • The Listener provides a platform that connects people in search of counselling (Clients) to a trained mental health professional (The Listener) to obtain online guidance, counselling and therapy services. Any counselling service delivered is provided by The Listener.

 

  • The Listener IS NOT SUITABLE FOR THOSE IN CRISIS.  IF YOU ARE CONTEMPLATING SUICIDE OR BELIEVE YOU ARE AT RISK OF HARMING YOURSELF OR OTHERS, PLEASE CONTACT THE EMERGENCY SERVICES BY PHONING 999 OR GO TO ANY HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT.

 

  • The Listener is not suitable if you were required to undergo therapy either by a court order or by any other authority.

 

  • You must be over the age of 18 to register with us.  If you are under the age of 18, you must ask a parent or guardian to register with us and both you and that parent/guardian will be subject to these Terms.

 

definitions & interpretation

In this Agreement, unless the context requires otherwise:

  • A Listener means a person who is registered with us and provides counselling services on our website.

 

  • ‘Counselling Services’ means the services supplied to you by a Listener.

 

  • ‘Force Majeure’ means an event or sequence of events beyond reasonable control preventing You or Us delaying from performing any obligations under this Agreement.

 

  • ‘Registration’ means your registration with us to allow you to access the Platform provided by us.

 

  • ‘Platform’ means the services provided using this website.

 

  • ‘Site’ means the use of this website to obtain access to The Listener.

 

 

  • ‘You/Your’ means the individual accepting these Terms and/or the person(s) using the Counselling Services.

 

  • ‘VAT’ means value-added tax, as defined by the Value Added Tax Act 1994.

 

about this website

By registering to use the Website you can obtain information and/or request services from counsellors (aka Listeners) who appear on the Website.

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1.         Payments For Counselling Services

To confirm the start of any session, we will require you to pay us in advance for up to 1 hour’s worth of counselling services at least 24 hours before your first counselling session. For each appointment, you will need to pay for that session.  All sessions must be paid in advance, and you will receive electronic confirmation / receipt for each session.

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2.         Healthcare Insurance Policies

  • If you plan to use private healthcare insurance to help you with the counselling costs, then you should discuss this fully with your healthcare insurance provider.  You should be aware that many insurers limit the costs that they may be willing to pay (either per session/hour or as a total cap on treatment costs) so you need to ensure that you are happy with the amount that is to be paid by the insurer.  You will be fully responsible for the payment of any shortfall in the counsellor’s fees.

 

  • It will be your responsibility to inform your insurer of the type and costs of treatment and to pass all counsellor’s details to the insurer so that they can arrange payment directly with The Listener.

 

  • Neither we nor the counsellor will be responsible for liaising with your insurance company or dealing with any invoice enquiries raised by your insurer.

 

  • Where there is a shortfall in Counselling fees (or if your insurer makes payment directly to you), we will invoice you for such payment or shortfall and all invoices must be paid within 5 working days of the date of the invoice.

 

  • Outstanding or late payments for therapy may result in the delay or cancellation of planned appointments until payment has been settled. This will be at the discretion of your consultant.

 

  • All payments are to be made by electronic transfer.

 

  • We do not accept cheques as a form of payment.

 

  • No payments should be made directly to the counsellor personally.

 

  • The cost of each Consultant is the same, but some charges may be subject to VAT.  The Counsellor will inform you in advance of session costs, which could vary depending on how and where Consultant Services are due to take place.
     

cancellation

1.         Your General Rights of Cancellation

  • Under the Consumer Contracts Regulations 2013 you have 14 days starting the day after the Consultant has agreed to provide services to you in which to change your mind and cancel the contract.  However, if you have agreed for the Consultant to provide their services within that 14-day period, although you can still cancel the contract with the Consultant, they will be able to charge you for any services provided up to the point that you informed the Consultant that you wish to cancel.
     

2.         Cancellation of Appointments

  • If you do not provide your consultant with clear notification of cancellation of an appointment with at least 24 hours prior notice to the appointment time, or if you do not attend a session as scheduled, you will be charged for the full cost of the session. 
     

  • It is your responsibility to get confirmation from your consultant in advance of your booking, that the scheduled appointment will go ahead as planned.
     

3.         Registration as a Client

  • To use our services, you will first be required to complete a client registration form so we can contact you with details of your sessions. You will need to supply us with your name and a current and valid email address.  By registering with us, you agree to inform us should your contact information change.

 

  • You agree that the information you provide to us, including during registration and any information you subsequently share with us on email, will be accurate, true, and complete. This information includes (but is not limited to) name, phone number, email addresses, age, diagnosis (optional) and payment information.

 

  • We will contact you initially using the e-mail address provided on registration.  If we do not receive a reply to our initial email(s), we will follow-up by text or WhatsApp message(s) using the phone number provided on registration.  If you do not wish to receive our communications, you can opt out of further correspondence by informing us on email or texting STOP. 
     

4.         Initial Free Consultation

  • The Counsellor(s) on the Website offer an initial consultation of no more than 15 minutes, usually to take place by way of distance medium (Zoom) as agreed with the counsellor.
     

  • The free consultation will offer you and the Listener the opportunity to:

 

  • Meet/speak ahead of treatment starting,

 

  • Check you can engage comfortably with your Listener before committing to any paid treatment,

 

  • Establish if counselling via Zoom suits you and your Listener,

 

  • Allow for a brief initial understanding of the problems you want to address in counselling.

 

  • No actual advice will be offered by the Listener during this consultation.

 

We reserve the right to withdraw or amend the service provided on this Website without notice.  We shall not be liable if for any reason our Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, if required. We aim to update the Website regularly and may change the content at any time. We may therefore have to suspend access to the Website if necessary.​

 

  • You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them. In order to use the Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.

 

  • We cannot guarantee that the services on the Website will be uninterrupted.

 

information on the website

  • We use our best endeavours to keep the information that we place on the Website as accurate as possible, but we are under no obligation to update the Site on a regular basis

 

  • We have no responsibility for information on the Website given to us by clients and we have no liability or responsibility as to the accuracy, reliability, or completeness of any information on this Website. We may provide you with a range of Listener profiles as part of the selection process (if appropriate).  Listeners are solely and exclusively responsible for the content of their profiles and we expressly disclaim all liability for the content of their profiles, including, without limitation, the accuracy or reliability of the information contained therein.

 

  • We do verify the identity of the Listeners registered with us, but we make no warranties regarding the services they provide, nor have we vetted the services they provide. All Listeners registered with us represent that they have professional qualifications, certificates and/or degrees as applicable in the areas of psychotherapy, psychology, or counselling.  We perform credential checks on all Listeners on initial introduction to ensure they are held in good standing within their respective professional body.  We expressly disclaim any liability for fraudulent credentials or claims made by Listeners.  Changes in a Consultant’s professional relationship with their respective body may have occurred between our initial checks and subsequent pairing with you.  We recommend that you perform your own separate confirmation that the Listeners you wish to use is in good standing with their professional body in advance of initiating therapy.

 

  • We shall not be liable for and accept no responsibility for any information presented including, but not limited to, the information presented by Listeners, liability in connection with any connections made directly with Listeners, or any circumstances that may arise from your use of the Website.

 

  • Whilst we will try to match you with the best Listener for your circumstances, there is no guarantee that you will be accepted as a registered user, or as a client by one of us.  The Listener may decide that online counsellor services are not appropriate for your treatment needs and it is their right to elect not to continue with treatment at any point.  The provision of online counselling is at the sole discretion of your Listener.  We cannot and will not be held liable for any loss or damage arising from non-compliance with the above requirements.

 

  • We provide information on a wide range of counsellors but there may be other therapists or service providers that are more appropriate, suitable, or lower in cost available for you than those identified by us.

 

  • Where you post information on the Website you understand that the information you provide will be open to the public to view however, no contact information will appear.  This will only be provided to Listeners that are registered with us.  Any information you place on the Website must be in strict compliance with our Website User and Acceptable Use Policies.

 

links to other websites

Any links provided on the Website to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.

 

limit of relationship

  • We are not liable for any information given on the Website or directly to you by a Listener or for any services (lack thereof or failure to meet legal requirements) provided by a Listener.

 

  • By using this Website and/or registering to use the Website, you agree and accept that no legal relationship is created between you and us in regard to the services provided by The Listener.

 

  • All of the Listeners using our Site have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the Country in which the Counselling Services are provided but we give no guarantee or warranty in that regard.  You are solely responsible for making your own checks in regard to the Consultant’s skills to undertake the services you are wishing for them to complete.

 

termination

  • We may suspend or permanently terminate your use of the Website if you breach any of the provisions of the terms set out in this agreement.

 

  • You may terminate this Agreement at any time by contacting us at hello@callthelistener.org and we will delete your registration details and all details that we hold on you from our database.

 

limit of liability 

 

  • To the extent permitted by law, we have no liability whatsoever relating to the information on this Website, or the services advertised by/provided by The Listener.  This does not affect your statutory rights under English Law.  We do not limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which we cannot exclude by law.

 

  • We shall not be liable for losses or damages (whether direct, indirect, or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from this Website or the use of the Platform, or from any interruption or delay in accessing this Website.

 

  • By agreeing to these terms, you agree to fully indemnify, defend and hold harmless us, our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third-party partners from and against all third-party claims, costs, losses and/or liabilities relating to or arising in connection with any illegal use of the Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.

 

your information

 

 

  • Communications between you and us will take place over standard email, video conference or via the telephone numbers supplied by all parties on registration. Through the use of potentially unsecured email, there is a risk that Private Health Information may be disclosed to and/or intercepted by unauthorised third parties.  As such, we cannot ensure the security of messages sent by email.

 

registration

 

  • By registering to use our services provided on the Website you agree that:

 

  • You have read, understood and agree to all of the terms set out in this Agreement (and all other Terms referred to as if they were set out in full within this Agreement);

 

  • you are over the age of 18 and/or that you have the legal capacity to enter into and be bound by these terms, or, that you are a parent/guardian acting on behalf of someone under the age of 18.

 

  • you understand that we are only acting as a platform and that the contract for counselling services to be provided by The Listener is only between you and The Listener.

 

  • the information that you provide to us is accurate.

  • you will keep any username and password that we supply to you private and shall not allow another person to use those details to introduce you to The Listener via the Website;

 

  • The medium through which any therapy sessions are to take place (i.e. Zoom) will be as agreed between you and your counsellor;

 

  • your contact information may be shared with The Listener to enable the Introductory Session to proceed.  Where The Listener is unable to contact you via e-mail, you consent to them contacting you by text message / WhatsApp where possible.

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  • These terms do not affect your statutory rights.

 

  • We reserve the right to refuse to accept your registration or to suspend or deny access to the Website if you breach of the terms set out in this Agreement.

 

  • There is no fee for you to register to use the Website.

 

complaints

  • We hope that you will be happy with the service provided on our Website. However, if you do have any complaints regarding the service, we provide then please contact us at hello@callthelistener.org.   You can also submit a complaint for online resolution to the European Commission Online Dispute Resolution platform if you are a resident of the European Union.

 

  • If you have any complaints in regard to the services provided by a The Listener, then please follow our internal complaints procedure. 


  • If you are unhappy with the outcome then please contact us at hello@callthelistener.org however, we do not make any warranties or representations as to what steps we will take in regards to such complaints.

 

force majeure

We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.

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general severance

  •  If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.

 

  • Rights of third parties.  No person other than you or us will have any right to enforce any of this Agreement’s provisions.

 

governing law & jurisdiction

This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.

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You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

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