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Terms Of Service


WeLinQ is a business providing therapy solutions that connects individuals with products, actionable contents and experts who empower them to make progress towards better mental wellbeing (“Services”). The following terms and conditions govern your access and use of the web portal, information, content, services and functionality available on the website, https://welinq.io/ and/or the mobile application (collectively the “Platform”). This Platform is owned and operated by Einstein Limited, a registered company at 14 Toronto House, Surrey Quays Road, London, UK SE167AJ (“WeLinQ”,” we”, “us “, or “our “).



PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PLATFORM. BY VISITING OUR PLATFORM, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”) AND PRIVACY POLICY, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE PLATFORM, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, CUSTOMERS, SERVICE PROVIDERS, AND/ OR CONTRIBUTORS OF CONTENT (“YOU OR USERS”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.



You acknowledge and agree that the policies are supported by good and valuable consideration including but not limited to permitting your use of the Platform and receipt of data and information, as well as the potential publicity and promotion received from any comments on the Platform.



The Platform and Services are intended for users who are at least 16 years old. If you are under the age of 16, you are not permitted to register for the Platform or use the Services without parental permission. By registering for any Services, you represent and warrant that you are eligible to use the Platform or have consent from your parent or guardian. We may make changes to these Terms of Service, Platform or the Services to meet our users' needs and/or for our business priorities at any time. The updated version of these Terms of Service will be indicated by an updated revised date and the updated version and/or the changes in the Services will be effective when posted. You are responsible for visiting this Platform and to stay informed of all the updates. Your continued use of the Platform represents that you have accepted such changes.



COPYRIGHT NOTICE

All of the content you see on this Platform, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by WeLinQ, one of its affiliates or by third parties who have licensed their materials to WeLinQ. The entire content of the Platform is copyrighted as a collective work under the Copyright, Designs and Patents Act 1988 and WeLinQ owns a copyright in the selection, arrangement and enhancement of the content in the Platform. The content of the Platform, are intended solely for personal, non-commercial use by the users of our Platform. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. WeLinQ reserves complete title and full intellectual property rights in any content you download from this Platform. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from WeLinQ.



USER CONTENT

“User Content” shall mean any comments, feedback or ideas posted on the Platform by you without any consent of WeLinQ. We welcome your feedback regarding the Platform as well as our Services. However, you acknowledge and agree that you are solely responsible for all of your User Content and the nature, quality and accuracy thereof and that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree that WeLinQ is not responsible for any User Content and furthermore, by posting any User Content, you grant WeLinQ an unlimited worldwide, royalty-free, perpetual, sublicensable, irrevocable, nonexclusive license to have an unrestricted right to publish, store, use, distribute, reproduce User Content in order to market, develop and improve its Services without any responsibility to recognize or reimburse you in any manner for the Content. Furthermore, you agree that you are solely liable for your interactions with other Users on this Platform and WeLinQ shall not be responsible for your interactions with other Users or any damage or harm caused to you resulting from such interactions.



MODIFICATIONS TO AND AVAILABILITY OF THE PLATFORM

  • We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

  • We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that WeLinQ has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.

  • There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.


PERSONAL DATA SUBMITTED THROUGH THE PLATFORM

Our Privacy Policy describes the privacy practices of WeLinQ. We encourage you to check this page from time to time to ensure you are happy with our current Privacy Policy.



DISCLAIMER OF WARRANTIES

THIS PLATFORM AND ALL CONTENTS OF IT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS PLATFORM, THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK, AND THAT WELINQ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM. WHILE WE WILL MAKE EVERY EFFORT TO KEEP CONTENT ON THIS PLATFORM CURRENT, WE DO NOT GUARANTEE IT IS THE MOST UP TO DATE INFORMATION AVAILABLE. FOR UP-TO-THE-MINUTE INFORMATION ON SESSION TIMING CHANGES, CONTACT INFORMATION, AND OFFERS, PLEASE CONTACT WELINQ OR THE CORPORATE CONTACT INFORMATION PROVIDED ON THIS PLATFORM. FURTHERMORE, WE HEREBY CLARIFY THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, QUALITY OF WORK, EXPERTISE OR OTHER INFORMATION PROVIDED ON THE PLATFORM. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THAT FILES FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY PLATFORM LINKED TO THE PLATFORM. WHILE EVERY EFFORT IS MADE TO PROVIDE YOU WITH THE BEST SERVICE AND TO ENSURE THAT IT IS A BENEFICIAL FOR YOU, WELINQ MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE SERVICES PROVIDED BY US AND/OR THE THERAPISTS LISTED ON OUR PLATFORM. WELINQ MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE, OR TO RESULTS OBTAINED BY INDIVIDUALS USING THE INFORMATION OR THE SESSIONS AND/OR FOR ANY ACTION TAKEN DIRECTLY OR INDIRECTLY IN RELIANCE ON THE INFORMATION CONTAINED HEREIN OR GIVEN BY OUR THERAPISTS. THE SERVICES INCLUDED ON THIS PLATFORM IS NOT INTENDED TO BE A COMPLETE SOLUTION OF ALL HEALTH OR MENTAL PROBLEMS AND MAY NOT BE ACCURATE OR APPROPRIATE FOR EVERY INDIVIDUAL CIRCUMSTANCE. THEREFORE, WELINQ MAKES NO GUARANTEES, OR ASSUMES ANY RESPONSIBILITY FOR THE CORRECTNESS, SUFFICIENCY OR COMPLETENESS OF THE SERVICES PROVIDED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



LIMITATION OF LIABILITY

IN NO EVENT WILL WELINQ, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED FROM THE PLATFORM, ANY CONTENT OR SERVICES OBTAINED VIA THE PLATFORM OR OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.



INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, and hold WeLinQ, its affiliates, our licensors, licensees, session experts, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified Parties in connection with any claim arising out of any breach of the policies or representations and warranties by you or arising from your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right of reasonable approval over the choice of counsel to defend the indemnified Parties, which such cost and expense shall be borne by you.



WELINQ MEMBERSHIP

  • 1. You must be 18 years or older to be a Member. In order to become a Member and use the Services, you are required to create an account on the Platform. You may also create an account using Facebook, Apple, Google or other third party social networking service (“SNS”).

  • Any information you provide to us must be accurate, complete and up-to-date and you agree to update such information as needed. You are responsible for all activities that occur under your account.

  • You must treat any usernames or passwords associated with your membership as confidential and you agree not to disclose them to any third party.

  • For cancellation of your account, please reach out to WeLinQ and we shall delete your account as per our Privacy Policy.

  • We reserve the right to suspend and terminate membership of any Member displaying behavior, language and attitude which are contrary to internationally accepted standards when visiting or communicating on our Platform.

  • Members procuring the Services can reach out to WeLinQ to request for a change of Therapist, in case they are not satisfied with the sessions delivered by a particular Therapist.

  • In respect of any and all personal data you provide to us as part of your membership, we will be the data controller for the purposes of applicable data protection law. We agree to comply with the principles of applicable data protection law(s) and our obligations thereunder. Personal data submitted to us by you will be processed in accordance with our Privacy Policy.
    • As used in this section, WeLinQ Membership, the term “Member” shall mean both individuals who intend to use WeLinQ’s Platform for providing or procuring Services.


REGISTRATION AS A THERAPIST

These additional Terms and Conditions (“Therapist Terms”) are with reference to your intention to register with WeLinQ’s Platform, as a mental health professional. The Terms of Service and Privacy Policy of the Platform are hereby incorporated in these Therapist Terms by reference. For the purpose of this document, the term Therapist shall mean the mental health professionals registered on the Platform to provide Services including but not limited to provision of therapy sessions. In addition to the terms mentioned hereinabove under “WELINQ MEMBERSHIP”, if you wish to register with the Platform as a Therapist, you grant WeLinQ the right and license to publish your name and photo on the Platform, at WeLinQ’s discretion. Notwithstanding the above, you agree and understand that WeLinQ has the right and not the obligation to publish the details concerning you. Furthermore, you warrant that you have the relevant qualifications and authority to register yourself as a Therapist and provide the necessary Services which shall be evaluated by WeLinQ during the onboarding process. If you are listed on the Platform as a Therapist, you agree that:

• You will not represent to any third party, by any offline or online means (including on your social media channels) that you are an employee, agent or partner of WeLinQ.

• This publication of your credentials is only intended to allow users of this Platform access to mental health professionals, and does in no way constitute an agency, master-servant relationship, employer-employee relationship, legal representative, partnership, association of persons or other form of joint enterprise between you and WeLinQ.

• You will not enter into any agreement or arrangement which will bind WeLinQ legally or otherwise (iv) You shall not be entitled to claim any benefits enjoyed by WeLinQ’s employees.

• You will solely be liable for any communication, advise, counsel, assessment, or recommendation made to users of this Platform.

In the event that it is brought to WeLinQ’s notice that you have advertised, marketed, or portrayed yourself or your practice as a WeLinQ’s employee, WeLinQ has the right to remove your credentials on the Platform.



THIRD PARTY SITES

For your convenience and advertising purposes, WeLinQ may contain links to other websites, downloadable apps, or other digital properties, products or services of other persons or entities, including without limitation social media networks (collectively, “Third-Party Sites”). When you click on one of these links, you are leaving our Platform and accessing a Third-Party Site over which WeLinQ has no control. Including a link to a Third-Party Site is not and should not be viewed as an endorsement by, or affiliation with, WeLinQ of that Third-Party Site, its operator or its contents, services and/or offerings. Your rights and obligations when accessing and using these Third-Party Sites are not governed by these Terms (or our Privacy Policy) and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to carefully read those terms and policies of these Third-Party Sites, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELINQ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SITES AND HAS NO RESPONSIBILITY FOR SUCH THIRD-PARTY SITES OR THE CONTENTS, FEATURES OR OPERATION OF SUCH THIRD-PARTY SITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS AND USE ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELINQ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD-PARTY SITES.



ACCEPTABLE USE

  • You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  • As a User of this Platform, you agree not to:
    • Systematically retrieve data or other content from the Platform to a compile database or directory without written permission from us.
    • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited email or creating user accounts under false pretences.
    • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
    • Engage in unauthorized framing of or linking to the Platform.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Make improper use of our support services, or submit false reports of abuse or misconduct.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform.
    • Attempt to impersonate another user or person, or use the username of another User.
    • Sell or otherwise transfer your profile.
    • Use any information obtained from the Platform in order to harass, abuse, or harm another person.
    • Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.
    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
    • Attempt to access any portions of the Platform that you are restricted from accessing.
    • Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.
    • Delete the copyright or other proprietary rights notice from any of the content.
    • Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism.
    • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
    • Use the Platform in a manner inconsistent with any applicable laws or regulations.
    • Misrepresent experience, skills, or information about a User.
    • Falsely imply a relationship with us or another company with whom you do not have a relationship.
    • Engaging in exchange of adult oriented or pornographic materials and services.
    • Exchange of rude, abusive, improper language, or violent messages while interacting with other users of the Platform.


GOVERNING LAW; VENUE AND JURISDICTION

This Platform, Services and the use of it and any dispute of any sort that might arise between you and WeLinQ is governed by the laws of England and Wales and the competent courts of England shall have exclusive jurisdiction over any disputes hereunder.



GENERAL



a. Visiting the Platform, completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communication be in writing.

b. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

c. These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.

d. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

e. We may assign any or all of our rights and obligations to others at any time.

f. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

g. If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

h. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Platform or Services.