Hedepy s.r.o., with the registered office at V Tišině 474/3, Bubeneč, 160 00 Prague 6, the Czech Republic, ID No. 092 06 281, registered in the commercial register kept by the Municipal Court in Prague, file no. C 332559 the “Operator“ or “we“) and we operate the internet platform available at www.hedepy.cz and mobile app Hedepy (together as the “Platform“).

These are our terms and conditions (the “Terms and Conditions“) and we recommend you to read them in full extent. If you do not feel so, we would like to highlight some of the rights or obligations arising from the Terms and Conditions which we consider as good to highlight or which may be considered as surprising for you.

Please note that in general we are not the provider of the Sessions; the Sessions are provided to you directly by the Therapist. However, if you attend the Session as a benefit from your employer or your business partner, in that case we provide you with the Session by ourselves.

The Terms and Conditions and our mutual relationship is governed by the Czech law even if it contains international (foreign) element. However, this provision does not affect any local applicable consumer rights.

We may unilaterally change or amend the wording of the Terms and Conditions at any time. The new wording of the Terms and Conditions is effective on 15th day of its publication on the Platform. We will inform you about such a change via e-mail, via the Platform and when you log into your Account. If you do not agree with the new wording of the Terms and Conditions, you may immediately terminate the Contract by e-mail. This shall be done without prejudice to the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions. In such a case, the Contract will be terminated on the day preceding the effective date of the notified change. If you do not exercise your right to terminate the Contract, the new wording of the Terms and Conditions will be considered as accepted.

Providing of any health nor medical services is not part of the Services or the Sessions.

You may cancel the Session no later than 24 hours before its time and date. If you cancel it later than 24 hours before its time, we will not refund you the price already paid for the Session.

Please note that if you provide us with wrong or uncomplete data or information when registering the Account on the Platform or booking the Session, we are not liable for any harm or damage which may be caused by that. Please note that we do not bear any liability for the Sessions held by and the content posted by the Therapist. The Therapist is directly and fully liable for any harm caused by the Session or by provided information by them. However, you are always responsible for your own actions before, during, and after a therapy session. Furthermore, we are not liable for any harm or damage which may be caused by misuse the Platform or for any harm or damage arising as a result of using the Platform or for limitation or interruption of the Platform`s availability.

You acknowledge that we are entitled, at our sole discretion, to temporarily or completely disable the use of the Account and to block the Account from booking the Sessions as well, if you breach your obligations under the Contract (including the Terms and Conditions) or in connection with the use of the Platform, or you violate the applicable laws and generally binding legal regulations, depending on the severity of such a violation or if you keep cancelling and rescheduling the therapy sessions without any specific reason.

As a consumer, you have, in general, the right to withdraw from the contract entered into online within 14 days from the date of conclusion of the contract online without any reason. Please note that you do not have that right to withdraw from the Contract if we have already provided you with the Services under the contract in full extent. This means that once we have entered into the Contract with you and provided you with the Services, you are not entitled to withdraw from the Contract. If you do not agree with this process, we will not provide you with the Services under the contract until 14-day withdrawal period had expired. This also applies to the purchase of vouchers via the Platform.

1. What is the purpose of Hedepy Platform and what is the purpose of these Terms and Conditions?

The Platform contains

• information for the general public with a focus on psychotherapy and counselling;
• interface for providing on-line consultations, especially in the field of therapy and coaching   by experienced therapists (the “Therapist”).

By means of the Platform, we provide our services under a contract for the provision of services and the use of the Platform (the “Contract“) consisting in particular of providing access to the Platform, enabling creation of an Account, management of the Account, enabling the use of the Platform and other services as described in these Terms and Conditions (the “Services“).

The Terms and Conditions apply to the Contract that we, as the Platform Operator, enter into with any user of the Platform who books individual Sessions through the Platform and participates in them (the “Client“ or “you“) (Client and Operator hereinafter jointly referred to as the contracting “Parties“). These Terms and Conditions govern our mutual rights and obligations arising in connection with or under the Contract. These Terms and Conditions are an integral part of the Contract. We may also settle a Contract under conditions other than those set out in these Terms and Conditions, in which case the provisions set forth in the Contract shall prevail.

If you are interested in using the Platform and booking the Session, it is necessary to accept these Terms and Conditions, familiarize yourself with the Privacy Policy and enter into the Contract with us.

The Contract and the Terms and Conditions are governed by Czech law, in particular the Act No. 89/2012 Coll., the Civil Code, as amended, and by the Act No. 634/1992 Coll., Consumer Protection Act, as amended (if you enter into the Contract as a consumer). If a relationship established by the Contract (including the Terms and Conditions) contains an international (foreign) element, then it is agreed that such a relationship is governed by Czech law. However, this provision does not affect the applicable consumer rights.

We may unilaterally change or amend the wording of the Terms and Conditions at any time. The new wording of the Conditions is effective on the 15th day of its publication within the Platform. We will inform you about such a change via e-mail, the Platform or when you log in to your Client´s Account. If you do not agree with the new wording of the Terms and Condition, you may immediately terminate the Contract by e-mail. This shall be without prejudice to the rights and obligations arising during the period of validity of the previous text of the Terms and Condition. In such a case, the Contract will be terminated on the day preceding the effective date of the notified change. If you do not exercise your right to terminate the Contract, the new wording of the Terms and Conditions will be considered accepted.

If you need to contact us, you can do so via the following contact details:

Hedepy s.r.o.

V Tišině 474/3

160 00 Prague 6

Czech Republic

e-mail: podpora@hedepy.cz

telephone: +420 771 123 001

We will get in touch with you as soon as possible.

As we are an “intermediary service provider” and we operate the “online platform”, we need to comply with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (the “DSA”). These Terms and Conditions specify the necessary information about our rights and your rights and obligations arising from the DSA regarding potential illegal content on the Platform.

The contact e-mail is podpora@hedepy.cz and it is also a designated point of contact for you and also for state authorities regarding the matters related to the DSA; it is possible to communicate with us in Czech, English.

2. Who is the Platform intended for?

The Platform is designed for the general public to raise awareness of the subject of psychotherapy and mental health. In addition, it is possible to arrange an appointment through the Platform (the “Session“) with a consultant in the field of therapy, coaching, or counselling (the “Therapist“).

3. Do we provide health services?

If you use the Platform only for the Session with the Therapists, we do not provide nor arrange provision of health service according to the Health Care Act to you.

By booking the Session, you enter into contact with the Therapist voluntarily and at your own request. You acknowledge that this contact and communication within the Session is not part of healthcare and the Therapist does not assume responsibility for your health.

If you receive, during the Session, a recommendation from the Therapist to seek professional help, you are obliged to consider these recommendations and take them into account in your next course of action. Neither the Operator nor the Therapist bear any responsibility for your actions before, during, or after the Session. You are always responsible for all your decisions and actions.

4. How to conclude the Contract and why to set up the Account?

We will conclude the Contract together by registering your user account on the Platform (the “Account“), when the Contract is concluded and takes effect upon delivery of the acceptance of the Account registration, which we will send to your e-mail address you have provided as part of the registration.

You acknowledge that we are not obliged to enter into the Contract (we may refuse to register the Account) at our sole discretion, in particular with persons who have previously breached the Contract (including the Terms and Conditions) or acted in violation of generally binding legal regulations.

By accepting the Terms and Conditions and by confirming that you have read the Privacy Policy, you express your consent to the conclusion of the Contract, under which we will allow you to use the Platform and use our Services. Therefore, the use of the Platform for the purposes of ordering the Session is only possible on the basis of registration of the Account, through which you will be able to visit therapists’ profiles (the “Therapist´s Profile“), to book individual dates of Sessions and to employ our other Services.

By accepting the Terms and Conditions, you confirm you are not underaged and you have full legal capacity to conclude the Contract. In case you are underaged or you do not have fully capacity to conclude the Contract, the consent of your legal guardian is required to conclude the Contract and to attend the Sessions. We may ask you to prove you are adult, you have full legal capacity or that your legal guardian has expressed consent with you concluding the Contract anytime. If you fail to prove so, we may disable your Account and terminate the Contract. If you do not prove your full legal capacity during the Session, the Session may be ended immediately and the price for the Session shall not be reimbursed.

We would like to inform you that we do not moderate any content which you publish on the Platform since the scope of such content is limited to information and personal data in your profile such as your name and surname, your contact details and information about booked or already attended Sessions.

5. How to register on the Platform and set up the Account?

The registration of the Account takes place via the Platform, where you will fill in the required information, you will agree that you have familiarized yourself with the Terms and Conditions and the Privacy Policy and thereby you will agree to the conclusion of the Contract.

After the Account registration is complete, we will send you a confirmation e-mail of successful Account registration to the e-mail you provided during registration. Along with this confirmation, we will also send you these Terms and Conditions in their current PDF version.

When registering the Account, you are only obliged to provide your e-mail address and a password, provided that this information will be used to log in to your Account, through which it is possible to order Sessions and connect to them. Other data that may be provided during the registration are optional, however, if you fill them in, you must provide true information, and if you change it during the use, you must notify us of the change without undue delay.

We will not be liable to you for any harm caused by you providing false or incorrect information when registering on the Platform. We do not verify the accuracy or truthfulness of the information provided by you. You may check and freely change any of the details you have entered before creating an Account, and changes to the details you have entered may be made after you have registered for an Account.

You must be over 18 years old to set up an Account and use the Services and log in to the Session; in this case, you may set it up without the consent of your legal representative. If you are under the age of 18, you declare that you have the consent of your legal representative, or that you are sufficiently intellectually mature to be able to consider all risks and conditions of the Contract and the provision of the Services yourself. If you are hesitant, you should always consult your legal representative and seek their consent.

It is your sole responsibility to use the login name, password and/ or other login codes provided during the registration. We are not liable for any harm incurred in the event of disclosure, theft or misuse of your login details by a third party and if that is the case, you are obliged to change the login data immediately and inform us without delay. Please do not share or disclose your Account login data with/to anyone. Each Client may have only one Account on the Platform and is not entitled to allow third parties to use this Account.

If you have more than one active Account on the Platform, you are obliged to inform us about such situation in order to pair these Accounts and keep track of the Sessions. We will delete one of the Accounts after it is paired with the other one upon our mutual agreement.

You are entitled to ask us to cancel your Account at any time. We will comply with your request within 10 working days from the date of its receipt. Send us the request to cancel the Account in writing to the address of our registered office or electronically to the e-mail: podpora@hedepy.cz.

You acknowledge that we are entitled, at our sole discretion, to disable the use of the Account temporarily or completely and block your Account from booking the Sessions as well, if you breach your obligations under the Contract (including the Terms and Conditions) or, in connection with the use of the Platform, you violate generally binding legal regulations, depending on the severity of such violation or if you keep cancelling and rescheduling the Sessions without any specific and fair reason.

6. What is the content of our Services?

Based on the Contract, we undertake to provide you with Services to the extent permitted by the functionalities of the relevant Account, therefore, we will allow you to use the Platform to arrange Sessions with your chosen Therapist, manage your Account and, if necessary, to employ other services that the Platform makes possible for you through the Account.

You acknowledge that we are not a provider of consulting services. Sessions are provided by Therapists, with whom you enter into a special contract for the provision of counselling services (the “Contract with a Therapist“). A Contract with a Therapist is governed by the conditions laid down in Article 11 of these Terms and Conditions.

You acknowledge that ordering the Session through the Platform does not create any contractual relationship between us and you. All contractual relationships arising from the ordering of the Session are established between the relevant Therapist and you.

If you breach the obligations of these Terms and Conditions towards us or towards the Therapist, whether intentionally or not, you are responsible for the harm caused and you undertake to reimburse us for all costs that we have had to incur to remedy the harmful condition incurred because of your infringing conduct.

Please note that the content of the Platform, including the Therapists´ profiles, is for information purposes only and does not constitute promotion or approval of the products, services, procedures, treatments, manufacturers, providers, brands, or ideas described or depicted.

You acknowledge that the Platform or the Account do need not be available around the clock, especially with regard to the necessary maintenance of our hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties that provide us with the operation of the Platform or other related services, due to force majeure, third party action or power or connectivity failure. You will be notified of any outages of the Platform, if possible, through the Platform or your Account.

7. How to book the Session and how is the Session carried out?

Through the Platform, you can order time and date of the Session with the chosen Therapist with selected specialization via their Therapist´s Profile, where individual Therapists write out free Session dates.

When you search for the Therapist, we rank the Therapists’ Profiles by default ranking called “recommended”. You may also choose other ways to rank the Therapists and their Profiles such as by their length of experience, number of reviews and lowest or highest price for the Session. Additional ways may be added. The following criteria are decisive for the position in the recommended ranking: the number of provided Sessions by the Therapist via the Platform, the number of Session dates currently available to book, the number of Sessions cancelled by the Therapist and the amount and average of the reviews. All these criteria have the same value and are equal towards each other.

You will make an order of the Session by means of the given offer available on a specific Therapist’s Profile. Within the order form, you fill in the necessary data and, if necessary, the specification of your assignment. By placing the order on a Therapist´s Profile, you will give your consent to the conclusion of the Contract with the Therapist. You place an order for the Session by clicking on the “PAY” button, which commits you to payment. The moment you click on the button, the Therapist Contract is concluded between you and the Therapist.

Then you will pay the price for the Session in the amount specified on the Therapist´s Profile. You can find out more about how you may pay the price in Article 10 of these Terms and Conditions.

After paying the price for the Session, a confirmation of your order will be sent to you by e-mail. By confirming the order, the Therapist undertakes to provide you with the Session and the Contract with a Therapist is concluded between you and the Therapist.

Immediately after you order the Session for a specific time and day with the specific Therapist, we will send you a confirmation of the Session by e-mail and also send you a link to contact the Therapist prior to the Session. The Session itself is conducted online through Twilio Inc’s app, which is accessible directly from the Platform. You can choose whether the Consultation is audio-only or audio-video based on your own preferences.

A single Session lasts 50 minutes, or 90 minutes in the case of a couple therapy or a therapy involving multiple Clients, with the calendar accessible on the Therapist Profiles showing it as a 60-minute session or a 100-minute session. The Session can be booked up to 24 hours in advance. During the Session, the Client and the Therapist may agree on the number of additional Sessions and their regularity, provided that this agreement may then be implemented by ordering additional Sessions from the Account in accordance with the procedure described in these Terms.

The Therapist shall wait online in the Session videocall 20 minutes after the Session begins. If you check in late, the Session time will not be extended by the time you are late. If you do not check in to the Session videocall at all within 20 minutes, the Therapist will log you out of the videocall and the Session will be considered claimed, therefore we will not reimburse the price for such Session.

If you are not satisfied with the first Session and you made the payment directly and you participated in the Session, you may send a request for reimbursement of the amount paid for the Session within 7 days of the Session to the e-mail: podpora@hedepy.cz and the amount will be reimbursed to the account from which it was paid within 30 days of the date on which the request was lodged. This only applies to the first Session and each Client may exercise this option at most once.

If you are not satisfied with the first Session  and you made the payment using the Subscription or Voucher and you have participated in the Session, you may send a request for a new Session of the same value within 7 days of the Session to the e-mail: podpora@hedepy.cz. In such a case, we will arrange a new date for the Session with another Therapist. This only applies to the first Session and each Client may exercise this option at most once.

You may cancel an ordered Session no later than 24 hours before its time and date. You may cancel the Session through your Account, in which case you will be reimbursed with the amount paid for the Session to the account from which it was paid or the original number of Prepaid Sessions will be renewed. If the Session has been paid by a Voucher, the request for cancellation must be submitted electronically to the e-mail: podpora@hedepy.cz and in such a case you will be allowed to choose another date of the Session – such a procedure may be applied only for the period of validity of the Voucher. In specific cases and if the Therapist agrees, it may be possible to reschedule the Session later than 24 hours before its time and date. However, we cannot guarantee you that such a reschedule will be possible.

In case you do not participate in an arranged Session or cancel it in accordance with the procedure described above, the amount paid for the Session, or the amount for the Voucher used to pay for the Session upon its booking, is forfeited as a lump sum compensation for the planned Session in favour of the Therapist and the Platform.

In case the Session is cancelled by the Therapist or the Session does not take place by reason on the part of the Therapist or the Platform and at the same time we do not agree otherwise with you, you will obtain a refund of the price for the Session by transferring the money back to the bank account from which the Session order was paid or the original number of Prepaid Sessions will be renewed. In case of payment of the order by a Voucher, it will be possible to use the same Voucher that has been used for the cancelled Session to order a new Session of the same value. The Therapist also may ask you to reschedule the Session, however you are not obliged to accommodate such a rescheduling.

8. What is the use of Vouchers?

By means of the Platform, you can also order our voucher for drawing consultations in the amount you will choose (the “Voucher“). The Terms and Conditions shall apply to the order and payment of a Voucher, similarly to the booking of the Session date. Based on a purchase contract concerning the purchase of the Voucher, you have the same rights and obligations as in the case of the Contract according to these Terms and Conditions, especially with regard to the consumer rights.

9. How does a membership subscription work?

Sessions may also be provided as part of a monthly membership (the “Subscription“). As part of your Subscription, you can set up a monthly schedule in your Account based on the number of chosen Sessions prepaid for each month for current Therapist (the “Prepaid Sessions“). The Subscription will always be paid in advance for each subsequent calendar month, based on automatic payments from the specified credit card. Confirmation of payment for the Subscription will be sent to your e-mail address listed in your Account.

After payment of the Subscription, the selected number of available Prepaid Sessions will be added to your Account and can be redeemed as part of the Sessions booking. Unclaimed available Prepaid Sessions for each calendar month can be transferred to the next month for the duration of the Subscription.

Your Subscription may be terminated at any time within your Account settings, with effect from the following calendar month for which you have not yet been charged for the Subscription. In the event that you have unclaimed Prepaid Sessions at the end of your Subscription, standard one-time Vouchers will be sent to your e-mail address specified in your Account in exchange for such Prepaid Sessions. The validity of these Vouchers is 1 year from the date of their issue. After this period, these Vouchers are forfeited to the Operator.

For the entire duration of the current Subscription, the price of the Subscription and the number of Prepaid Sessions in the Subscription will correspond to the price for the Session with the selected Therapist valid on the first month of the current Subscription. Any increase in the price of the Therapist’s Sessions (because of a change in the pricelist or promotion of the Therapist to a higher category of individual Sessions) does not affect the number of Prepaid Sessions during the duration of the current Subscription.

10. How to pay for the Session?

The price for the Session can be paid

1. through the one-time payment gateway of Comgate Payments a.s., or Stripe, Inc. accessible from the Platform,
2. through the Subscription with Prepaid Sessions, or
3. by redeeming the Voucher (if the order of the Session allows this option).

A confirmation of payment for the Session or the Voucher will be sent to your e-mail address provided upon the registration of the Account. In the same way, you will be sent a confirmation of payment by the Voucher to the e-mail specified in the Account. The accounting document for the Session as such will be sent to you by us as the Operator, with the tax document being issued in the name and account of the Therapist.

The invoice will be issued and sent after a completed Session, or after the expiration of the Session time in vain without its cancellation, in accordance with the procedure laid down in these Terms and Conditions. If the Session was paid by a Voucher, the accounting document will be sent to the Client who redeemed the Voucher, not to the person who purchased it.

If the Voucher is not redeemed during its period of validity, then it is considered to have been redeemed and the amount paid is forfeited as a lump sum compensation to the Operator for the Services provided and related activities.

11. When do I enter into the Contract with the Therapist and what is its content?

By making the Session reservation, i.e., by sending the order and making the payment for the Session, you enter into the Contract with the Therapist, provided that its content is given by the Session order and these Terms and Conditions.

Based on the Contract with a Therapist, the Therapist provides the Client with services consisting of consultancy work and the Client acknowledges and agrees that the advice and recommendations provided by the Therapist during the Session are not intended to replace the Client´s decision-making and own will in their affairs.

In addition to what is set forth in these Terms and Conditions, you will not bear any additional costs towards the Therapist in connection with a cancellation of the Session.

The information disclosed to the Therapist during the Session is considered confidential and the Therapist undertakes, within the applicable legislation, to keep it confidential. The Therapist´s confidentiality is limited in particular if, according to the Criminal Code, they have so-called duty of notification that a criminal offence has been or may have been committed.

You acknowledge and agree that the Therapist may consult the course and conducting of Sessions with other professionals to ensure the highest possible quality of the Sessions provided. If the Client wishes to keep certain parts of the Session strictly confidential (the Therapist shall not be entitled to disclose their content to anyone third, subject to the confidentiality provisions above), he/ she shall inform the Therapist without delay. The Therapist is bound to respect this wish of the Client unconditionally.

The Therapist cannot provide you with legal services, but you may contact these authorities and seek help or more information here: link.

Please also note that in some cases the Therapist may have the notification obligation arising from the law and in some cases the Therapist is obliged to inform the police or other authorities in case the Therapist suspects that a crime has been or may be committed. This does not apply to all crimes and offences, only to those covered by the notification obligation. The Therapist is also obliged to proceed with adequate steps in case you are in a danger and may contact your emergency contact if needed to prevent such danger.

12. What are the minimum technical requirements for the User to be able to use the Platform and for Sessions to pass off properly?

The minimum technical requirements are as follows:

• Internet speed at least 384 kb/s
• browser see details here,
• tablet, desktop or mobile device capable of connecting to the Internet and having any of the above browsers.

You are responsible for meeting the technical requirements and you also bear the costs associated with them; Internet connection is not associated with any additional costs on our part and the connection rate does not differ from the rate of your ISP.

13. How to behave on the Platform and within the use of the Services?

You undertake that:

• you will comply with all obligations set forth in generally binding legal regulations and these Terms and Conditions;
• you will not infringe the intellectual property of us or third parties (copyrights, trademarks, patents, etc.);
• when using the Services through the Platform, you will not use derogatory, offensive, outrageous or socially unacceptable references, comments, phrases, words or graphic, or other gestures regarding religion, race, sexual orientation, gender, or other target groups, or that may interfere with personal rights (personality, dignity, honour, seriousness, privacy, personal portrayal, bodily integrity) or be of any threatening, hateful, harassing, obscene, deceptive, defamatory, abusive or offensive nature, in particular, where such reference or comment is capable of causing harm to an individual or a target group;
• you will not promote or disseminate on the Platform the addresses of other websites that serve a similar purpose as the Platform and you will not promote, display, and publish advertisements and other messages similar to them, whether for a product, service, manufacturer, or provider;
• you will not use the Platform to sell goods, services, or distribute promotional materials.

14. Do you have any other rights and obligations?

When using the Platform, Account and booking Sessions, you undertake to comply with the following obligations:

• behave in the performance of the Contract in such a way, so as not to harm the good reputation of the Company and to respect these Terms and Conditions;
• to protect the intellectual property rights belonging to us, as well as the rights of Therapists or third parties, which could be affected by the performance of the Contract;
• in case of a change of address for delivery of documents or contact, banking, and other details relevant to the performance of the Contract, inform us without undue delay of such changes; if you do not do so, then any impossibility namely to contact you is at your expense.

The following provisions of this Article shall apply, if you enter into a contractual relationship with us and the Therapist exclusively as a consumer, i.e., a person who acts towards us outside the scope of their business activity or outside the scope of independent performance of their profession.

As a consumer, you normally have the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract online without giving any reason. This means that the Contract is treated as if it had never been concluded and both parties must return what they have provided to each other (in normal e-shops, the customer returns the goods and the seller returns the money).

We are in the role of an intermediary when booking the Session, therefore the Agreement between us relates only to the use of our site and your profile. We are not a party to the Contract with the Therapist, which you enter by directly booking Session with the specific Therapist. Please note that you do not have the right to cancel the Contract with us if we have already provided the Services under the Contract in full. This is because the Civil Code states that you do not have the right to withdraw from the Contract if you have agreed to us providing the services before the 14-day withdrawal period has expired. In short, this means that once we have entered into the Contract with you and provided you with the Services, you cannot withdraw from the Contract with us. If you do not agree to this procedure, we will not provide you with the Services under the Contract until after the 14-day withdrawal period has expired. This will also apply in the case of the purchase of Vouchers.

For this reason, this section of the Terms and Conditions does not contain any further information on withdrawal from the Contract, such as conditions, deadlines and other procedures, nor will you find a withdrawal form.

You give your prior express consent to the provision of the Services and the Session prior to the expiration of the withdrawal period and the Agreement with the Therapist. You acknowledge that you may not withdraw from the provision of the Service if it was performed with your prior express consent prior to the expiration of the withdrawal period.

We handle your complaints via the e-mail address podpora@hedepy.cz. We will send you information about the handling of your complaint to your e-mail address.

15. What are your rights from defective performance and how to exercise them?

If you believe that we have made a mistake, i.e. that we have provided you with a Service that is defective (in scope or quality does not correspond to the agreed terms and conditions), you can make a claim in full compliance with the law (in particular the Civil Code). Likewise, if you consider that the Session have been provided defectively.

If the Therapist does not provide you with the Session in a proper and timely manner, you are entitled to book an alternative Session date with the Therapist of your choice.

Please assert your rights from defects in performance with us as the Platform Operator, either in writing at our registered office or at our e-mail address podpora@hedepy.cz. You will be informed of the progress and settlement of the claimed right to compensation via the contact details you have provided within your Account.

If we can fix the defect, you can ask us to (1) fix it, (2) fill in what’s missing, or (3) ask for a reasonable discount on the price.

If we are unable to remedy the defect, you may require us to (1) make a reasonable reduction in the price, or (2) withdraw from the Contract.

Please note that the reason for a complaint cannot be that the service provided does not meet your subjective expectations.

You must raise the defect as soon as possible after you discover it, but no later than 6 months after the receipt of the performance (provision of services). We will issue a complaint report when you make a claim.

Please include your contact details with your complaint, describe what you are complaining about, how you want the complaint handled and that we have provided you with the service. When you make a claim, we will issue you with an electronic confirmation stating the date of the claim, the content of the claim, the method of handling required and your contact details.

We will process the claim and remedy the defect as soon as possible, but no later than 30 days after you make the claim, unless we agree in writing with you that it will take longer. If we do not meet the 30-day time limit for dealing with the claim, you may withdraw from the Contract. For a legitimate complaint, you are entitled to reimbursement of the necessary costs, which you must ask us for no later than one month after the end of the defect period if you are a consumer. Once the claim has been settled, we will issue you with a confirmation of the settlement of the claim.

We are not responsible for services supplied to you by third parties, such as the quality of your internet connection, the quality of telecommunications services supplied by the relevant operator or the level of charges.

We develop and use tools to ensure that the Platform is safe for everyone. If you notice any violation of the Terms and/or generally applicable laws, you may report it by e-mailing podpora@hedepy.cz. We take any such report very seriously and actively address it. Thank you for helping us keep the Platform secure.

16. To what extent are you liable when using the Platform?  Is our liability as the Platform Operator limited in any way?

The Operator does not bear any liability for Sessions and the content posted on the Therapist´s Profile as well as for the proper provision of Sessions. The Therapist is fully liable for any harm caused by the Therapist´s Sessions or information. However, you are always responsible for your own actions before, during, and after the Session.

We are not liable for any harm caused by misuse of the Platform or the Account for any reason (especially due to force majeure, actions of a third party or the Client, power, or connectivity failure). We shall not be liable for any damage (including lost profits) that would arise as a result of using the Platform, Account, or due to limitation or interruption of their availability, furthermore, we shall not be liable for interruption of the provision of Services, if this is caused by third parties or force majeure (e.g., cyber-attack, long-term power or telecommunications connection outage, improper servicing provided by service companies) or by the Therapist (for example, improper handling of the Platform, Account, failure to provide Internet connection, defect in equipment, defect in hardware, third party components and technologies, etc.) or on the grounds that the operation of the Platform, the Account is terminated. In these cases, you waive the right to compensation.

You undertake to bear all legal consequences arisen as a result of a breach of your obligations, such as the obligations under these Terms and Conditions, the Contract, the Contract with the Therapist or the obligations laid down in generally binding legal regulations. Furthermore, you are required to reimburse us for all costs and expenses incurred as a result of the assertion of third-party claims towards us because of any breach of your obligation. This is without prejudice to the right of the Operator and third parties to compensation (material and non-material damage) incurred because of a breach of any of the Client´s obligations.

17. For what period is the Contract concluded and how can it be terminated?

Either contracting Party may terminate the Contract by giving written (including e-mail) notice addressed to the other Party to the e-mail address of the other Party. The notice period is one month and begins on the first day of the calendar month following the day on which the written notice was delivered to the other Party.

The termination of the Contract also takes place, inter alia, by cancellation of the Account; this is without prejudice to the grounds for the termination of the Contract resulting from regulation. The Account may be cancelled:

• by mutual agreement;
• by reason of a breach of the Contract (including the Terms and Conditions) on the part of the Client
• in case of inactivity of the Account longer than 24 months.

The Parties may withdraw from the Contract only in cases stipulated by law. The Parties may not withdraw from the Contract in respect of performances which they have already provided to each other.

Termination of the Account or other termination of the Agreement shall also be deemed termination of the Subscription. In the event that any number of Prepaid Sessions or issued unclaimed Vouchers are recorded on the date of termination of the Contract or termination of the Account, these shall be forfeited without compensation to the Operator.

18. How about intellectual property?

We are the exclusive and unlimited executor of all property and, to the widest possible and legally permitted extent, also personal rights to the Platform as a copyrighted work within the meaning of the Act No. 121/2000 Sb., on Copyright and Rights Related to Copyright, as amended (the “Copyright Act“).

By concluding the Contract, we grant you a limited right to use the Platform to the extent according to the functionalities that are made available to you within the Account (the “License“). The Licence under this Contract is non-exclusive. The Licence is granted for the duration of the Contract. The License is unlimited in territory and is granted free of charge. Under the License, you are not entitled to grant a portion of the authorizations forming the Licence (to grant a sub-licence) to a third party or assign the Licence to a third party without our consent.

All our rights (both property and personal, for which law permits so) to the Platform remain with us. Under the Contract, we do not grant you any additional rights or access to the Platform beyond the scope of the Licence.

19. What is going on with your personal data?

Both the Operator and the Therapist handle your personal data in accordance with applicable legal regulations for the purpose of performing the Contract and providing Services in accordance with these Terms and Conditions. For more information on how your personal data is processed, see the GDPR Privacy Policy.

20. Content Reporting, Notice and Action Mechanism

If you consider some content published on the Platform to be illegal, you may report that via e-mail. It is possible to use the form attached to the Terms and Conditions as annex 1. Once we receive such a report, we confirm receiving the report to you via an e-mail. We also, without undue delay, notify you about our decision in respect of the information to which the notice relates and provide you with the information regarding the possibilities for opposing such a decision.

If you miss or do not include some of the information as required by the form in the annex 1, you take into account that your notice may not be processed due to the lack of necessary information on our side.

We will process all the notices which include necessary information in a timely, diligent, non-arbitrary and objective manner. We do not use any automated and decision-making means for such processing.

21. Alternative dispute resolution for consumers

If you as a Client are also a consumer, i.e. you conclude the Contract with us outside your business, according to Act No. 634/1992 Sb., Consumer Protection Act, you as a consumer have the right to an alternative dispute resolution of a consumer dispute arising from the Contract. In such a case, you may contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz, website: www.adr.coi.cz).

The alternative dispute resolution of a consumer dispute is always initiated only at your request, in the event that you have not been able to resolve the dispute with us directly (if it concerns the provision of our services).

You can file an application for out-of-court dispute resolution no later than one year from the date you first exercised your right in dispute with us – simply put – when you first complained to us.

In addition, you can also initiate out-of-court dispute resolution online on the ODR platform available at www.ec.europa.eu/consumers/odr.

You can use a similar procedure if the dispute is about the Contract with the Therapist.

22. Final Provisions

The Operator reserves the right to terminate the operation of the Server and/ or the provision of Services through the Server at any time, even without giving a reason. If this happens, the Operator shall ensure that the Clients´; payments for Sessions, which for this reason will no longer take place, will be refunded to the Clients in the same way as they have been paid.

Any ineffectiveness or invalidity of any provision of the Terms and Conditions shall not result in their ineffectiveness or invalidity. An invalid or ineffective provision of the Terms and Conditions shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision.

We are entitled to provide the Services and operate the Platform based on a trade licence; the trade licence control is performed, within the scope of its competence, by the relevant trade licence office. We are also subject to the supervision of the Czech Trade Inspection Authority regarding compliance with the Act No. 634/1992 Sb., Consumer Protection Act, as amended.

These Terms and Conditions shall come into force and effect on 17 February 2024. Subject to change.

Annex 1 to the Terms and Conditions

NOTICE AND ACTION FORM

Sent by (name and surname):

Contact details (e-mail):

Explanation why do you consider the content to be illegal:

Clear identification and description of the content you consider to be illegal (URL address and if necessary additional information enabling the identification of the illegal content):

By sending this report you confirm your bona fide (genuine) belief that the information and allegations contained therein are accurate and complete.