GENERAL TERMS AND CONDITIONS OF THE HEDEPY PLATFORM

1. Who are we, what is the purpose of the Hedepy Platform and what are these Terms and Conditions for?

Hedepy s.r.o., with its registered office at V tišině 474/3, Bubeneč, 160 00 Prague 6, Czech Republic, identification number 092 06 281, registered in the Commercial Register kept by the Municipal Court in Prague under the Commercial Register No. C 332559 (“Operator” or “we“) is the operator of the Internet platform available at www.hedepy.cz (“Platform“). 

The Platform contains

• information for the general public with a focus on psychotherapy and counselling;
• an interface for the provision of online consultations, particularly in the field of therapy and coaching by experienced therapists .

Through the Platform, we provide our services pursuant to a service and use agreement for the Platform (the “Contract“), consisting in particular of providing access to the Platform, enabling you to create an Account, managing your Account, enabling you to use the Platform and other services as described in these Terms and Conditions (the “Services“).

These terms and conditions (the “Terms“) apply to the Contract that we, as the Platform Operator, enter into with any Platform user who books and participates in individual Sessions through the Platform (the “Client” or “you“) (the Client and the Operator together being the “Parties“). These Terms govern our mutual rights and obligations arising in connection with or under the Contract. These Terms are an integral part of the Contract. We may agree to the Contract on terms other than those governed by these Terms, in which case the provisions set out in the Contract shall prevail.

If you wish to use the Platform and subscribe to a Session, you must agree to these Terms, read the Privacy Policy and enter into a Contract with us.   

The Agreement and the Terms are governed by Czech law, in particular Act No. 89/2012, Coll., the Civil Code, as amended by the latest regulations. If the relationship established by the Contract (including the Terms and Conditions) contains an international (foreign) element, it is agreed that such 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 version of the Terms is effective on the 15th day of its publication on the Platform. We will notify you of such change via an informational email, the Platform or when you log in to your Client Account. If you do not agree with the new wording of the Terms, you may terminate the Contract immediately by email. This is without prejudice to the rights and obligations that have accrued while the previous version of the Terms was in force. In such case, the Agreement will be terminated on the date prior to the effective date of the notified change. If you do not exercise your right to terminate the Contract, the new version of the Terms will be deemed to have been agreed.

If you need to contact us, you may do so using the following contact details:

Hedepy s.r.o.
V Tišina 474/3
160 00 Prague 6

e-mail: podpora@hedepy.cz
phone: +420 771 123 001

We will get back to you as soon as possible.

2. Who is the Platform for?

The platform is intended for the general public to gain awareness on the topic of psychotherapy and mental health. In addition, it is possible to make an appointment (“Session“) with a consultant in the field of therapy, coaching or counselling (“Therapist“) via the Platform.

3. Do we provide health services?

We do not provide health services. Health services within the meaning of Act No. 372/2011 Coll., on Health Services, are not provided or mediated through the Platform. The mediation or provision of health services is not the intention or purpose of the Provider, the Therapists or the Platform.

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

If you receive a referral from the Therapist to seek professional help during the Session, you are obligated to consider such referral and take it into account in your further actions. Neither the Provider nor the Therapist accepts any responsibility for your actions before, during or after the Session. You are always responsible for all your decisions and actions.

4. How is the Contract concluded and why open an Account?

We will enter into a Contract together by registering your user account on the Platform (“Account“), at which point the Contract is entered into and becomes effective upon the creation of the Account.

You acknowledge that we are not obliged to enter into the Contract (we may refuse to register the Account) entirely at our discretion, in particular with persons who have previously breached the Contract (including the Terms) or acted in breach of generally applicable law. By accepting the Terms and confirming that you have read the Privacy Policy, you agree to enter into a Contract under which we will allow you to use the Platform and use our Services. Use of the Platform for the purpose of booking a Session is therefore only possible by registering an Account through which you will be able to visit the profiles of therapists (“Therapist Profile“), book individual Session appointments and use our other Services.

5. How do I register on the Platform and create an Account?

Account registration is done through the Platform, where you fill in the required information, agree to read the Terms and Conditions and Privacy Policy and thereby agree to enter into the Contract. 

When registering an Account, you are only required to provide your email address and password, with the understanding that these details will be used to log into your Account through which you can book and join Sessions. The other details that may be provided during registration are optional, however, if you complete them, you must provide true details and you must notify us of any changes to them without undue delay if they change during your use. 

We shall not be liable to you for any loss or damage caused to you by 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 must be 18 years of age or older to create an Account and use the Services and log in to the Sessions, in which case you may create an Account without the consent of your legal guardian. If you are under 18 years of age, you represent that you have your legal guardian’s consent or that you are of sufficient mental maturity to consider all risks and terms of the Contract and the provision of the Services on your own. If you are unsure, you should always consult your legal guardian for consent.

The use of the login, password and/or other credentials provided during registration is at your sole responsibility. We are not liable for any harm resulting from the disclosure, theft or misuse of your login credentials by a third party and if this happens, you must change your login credentials immediately and notify us immediately. Please do not disclose or publish your Account login credentials to anyone. Each Client may only have one Account on the Platform and is not entitled to allow third parties to use their Account. 

You are entitled to ask us to cancel your Account at any time. We will comply with your request within 10 business days from the date of receipt. Please send your request to cancel your Account to us in writing at our registered office or electronically by email to: podpora@hedepy.cz.

You acknowledge that we may, at our sole discretion, temporarily or completely disable your Account, in particular if you breach your obligations under the Contract (including the Terms) or violate generally applicable law in connection with your use of the Platform, depending on the severity of such breach.

6. What is the content of our Services?

Based on the Contract, we undertake to provide you with the Services to the extent permitted by the functionalities of the relevant Account, i.e. we will allow you to use the Platform to arrange a Session with your chosen Therapist, manage your Account and, where applicable, use other services enabled by the Platform through your Account. 

You acknowledge that we are not a provider of consulting services. Sessions are provided by Therapists with whom you enter into a separate agreement to provide consulting services (the “Therapist Contract“). The Therapist Contract is subject to the terms and conditions set out in clause 9 of these Terms.

You acknowledge that the booking of a Session through the Platform does not create any contractual relationship between us and you. Any contractual relationship arising from the booking of a Session is between the relevant Therapist and you. 

If you breach any of your obligations under these Terms to us or to a Therapist, whether intentionally or unintentionally, you will be liable for any damage caused and you agree to reimburse us for any costs incurred by us to remedy the defective condition resulting from your breach.

Please note that the content of the Platform, including the Therapist Profiles, is for informational purposes only and does not constitute a promotion or endorsement of the products, services, procedures, treatments, manufacturers, providers, brands or ideas described or displayed.

You acknowledge that the Platform, or Account, as applicable, may not be available on a continuous basis, particularly with respect to necessary maintenance of our hardware and software, or necessary maintenance of the hardware and software of third parties who provide the Platform or other related services for us, due to any force majeure, third party action, or power or connectivity failure. You will be notified of any downtime of the Platform, if applicable, through the Platform or your Account.

7. How to book a Session and how does the Session work?

Through the Platform, you can book a Session appointment with a selected Therapist with a selected specialty via their Therapist Profile, where individual Therapists list available Session appointments.

You can book a Session through the given offer available on the specific Therapist’s Profile. Within the order form, you will fill in the necessary data and, if applicable, the specification of your assignment. By placing an order on the Therapist’s Profile, you agree to enter into a Contract with the Therapist.           

You will then make payment of the price for the Session in the amount set out on the Therapist Profile. Please refer to clause 9 of these Terms for more information on how you can pay the price.

Once you have paid the price for the Session, you will receive an email confirmation of your order. By confirming your order, the Therapist agrees to provide you with a Session and a Therapist Contract is concluded between you and the Therapist.

Immediately after you make an appointment for a specific time and day with a particular Therapist and pay the price for the Session, we will send you an email confirmation of the date of the Session and also send you a link to contact the Therapist prior to the date of 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 Session will be text-only, audio-only, or audio-video-only based on your own preferences.

Sessions last for the length specified for each consultation offer.  Sessions 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.

If you are not satisfied with the first Session, and you have paid the payment directly (not by Voucher according to Article 9 of these Terms and Conditions) and you have attended the Session, you may send a request for a refund of the amount paid for the Session to podpora@hedepy.cz within 7 days of the date of the Session and the amount will be refunded back to the account from which it was paid within 30 days of the date of the request. This applies to the first Session only and each Client may use this option at most once.

If you are not satisfied with the first Session, and you have made payment by Voucher in accordance with clause 9 of these Terms and Conditions and have attended the Session, you may, within 7 days of the date of the Session, send a request for a new Session of the same value to: podpora@hedepy.cz. In this case we will arrange a new date for the Session with another Therapist. This applies only to the first Session and each Client can use this option at most once.

You can cancel the booked Session at least 24 hours before its date. You may cancel a Session through your Account, in which case the amount paid for the Session will be refunded to the account from which it was paid. If the Session has been paid for by Voucher, the cancellation request must be made electronically to podpora@hedepy.cz in which case you will be allowed to choose another date for the Session – this procedure can only be used for the duration of the Voucher.

In the event that you do not attend the arranged Session or do not cancel it using the procedure described above, the amount paid for the Session or the amount of the Voucher used to pay for the Session at the time of booking will be forfeited as a lump sum compensation for the scheduled Session in favour of the Therapist and the Platform. 

In the event that the Session is cancelled by the Therapist or the Session does not take place due to a reason on the part of the Therapist or the Platform and we do not agree otherwise with you at the same time, the price for the Session will be refunded to you by sending the money back to the bank account from which the Session order was paid. In the event of a Voucher refund, the same Voucher used for the cancelled Session may be used to order a new Session of the same value.

8. How do Vouchers work?

Through the Platform, you can also order our consultation voucher in an amount of your choice (“Voucher“). The Terms and Conditions will apply to the ordering and payment of a Voucher in a similar way to ordering a Session. You shall have the same rights and obligations under the contract relating to the purchase of the Voucher as you have under the Contract under these Terms, in particular as regards consumer rights.

9. How to pay for the Session?

The price for the Session can be paid by payment through the payment gateway of Comgate Payments a.s. accessible from the Server or by redeeming a Voucher (if the Session order allows this option). 

A confirmation of payment for the Session or Voucher will be sent to the email address provided when you registered for the Account. Similarly, a confirmation of payment by Voucher will be sent to the email address specified in the Account. A tax receipt for the Session as such will be sent to you by us as the Operator, provided that the tax receipt will be issued in the name and on behalf of the Therapist.

The Tax Receipt will be issued and sent after the Session has taken place or, if applicable, after the expiry of the Session without cancellation in accordance with these Terms. In the event that the Session was paid for by a Voucher, a receipt will be sent to the Client who redeemed the Voucher, not to the person who purchased it.

In the event that the Voucher is not redeemed within its validity period, then it shall be deemed to have been redeemed and the amount paid shall be forfeited as a lump sum refund to the Operator for the services and related activities provided.

10. When do I enter into a Contract with a Therapist and what is its content?

By booking a Session, i.e. by submitting an order and making payment for the Session, you enter into a Contract with the Therapist with the content of the Contract being determined by the Session order and these Terms and Conditions.

The Therapist delivers services to the Client under the Therapist Contract consisting of consultation activities 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 will in its affairs.

You will not bear any additional costs to the Therapist in connection with the cancellation of the Session beyond what is set out in these Terms.

Information disclosed to the Therapist during a Session is considered confidential and the Therapist undertakes to keep such information confidential under applicable law. The Therapist’s confidentiality is limited in particular if he/she has a so-called duty of notification under the Criminal Code that a crime has been or may have been committed.

You acknowledge and agree that in order to ensure the highest quality of the Sessions provided, the Therapist may consult with other professionals in the course and conduct of the Sessions under his/her supervision. If the Client wishes any parts of the Session to remain strictly confidential (the Therapist will not be entitled to disclose the contents of the Session to any third party, subject to the confidentiality clause above), he/she will notify the Therapist without delay. The Therapist undertakes to respect this wish of the Client unconditionally.

The Therapist undertakes to provide follow-up care to regular Clients if the Client so desires, the entitlement to follow-up care shall cease if the Therapist and the Client agree to terminate the collaboration or if a period of more than 3 months has elapsed without the Client having booked a Session.

11. What are the minimum technical requirements for the User to be able to use the Platform and for the Sessions to run properly?

The minimum technical requirements are as follows:

• Internet bandwidth of at least 384 kbps
• browser see details here
• a tablet, desktop or mobile device that is capable of connecting to the internet and running one of the above browsers. 

You are responsible for meeting the technical requirements and the costs associated with them are also your responsibility, the internet connection is not associated with any additional costs on our part and the connection rate is therefore no different from that of your connection provider.

12. How should I behave on the Platform and when using the Services?

You agree that:

• you will comply with all obligations set out in generally binding legislation and these Terms;
• 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 any defamatory, offensive, inflammatory or socially unacceptable references, comments, phrases, words or graphic or other gestures regarding religion, race, sexual orientation, gender or other target groups or which may infringe personality rights (personality, dignity, honour, respectability, privacy, expressions of a personal nature, bodily integrity) or be in any way threatening, hateful, harassing, obscene, deceptive, defamatory, offensive or derogatory in nature, particularly if such reference or comment is likely to cause harm to the individual or target group;
• you will not promote or distribute on the Platform the addresses of other websites that serve a similar purpose to the Platform and you will not promote, display or publish advertisements or other communications similar in nature to them, whether for a product, service, manufacturer or provider;
• You will not use the Platform to sell goods, services or distribute promotional materials.

13. Do you have any other rights and obligations?

You agree to comply with the following obligations when using the Platform, Account and booking Sessions:

• To conduct yourself in the performance of the Contract in such a way as not to bring the Company into disrepute and to comply with these Terms;
• protect the intellectual property rights belonging to us and the rights of Therapists or third parties that may be affected by the performance of the Contract;
• in the event of a change of address for the delivery of documents or of contact, banking and other details relevant to the performance of the Contract, inform us without undue delay of such changes; if you fail to do so, any inability to contact you in particular shall be to your detriment.

The following provisions of this article shall apply in the event that you enter into a contractual relationship with us and the Therapist exclusively as a consumer, i.e. as a person who acts towards us outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession.

You give your prior express consent to the provision of the Services and Sessions before the expiry of the withdrawal period from the Contract and the Contract 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 before the withdrawal period. 

We handle your complaints via email at podpora@hedepy.cz. We will send you information about the handling of your complaint to your email address.The Czech Trade Inspection Authority (Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz,web: adr.coi.cz) is the subject of out-of-court settlement of consumer disputes arising between us and you, if you are a consumer, in connection with the Contract or the provision of the Services. Out-of-court resolution of a consumer dispute is initiated exclusively at your request, in the event that we or the Therapist have not been able to resolve the dispute directly. The application may be filed within 1 year from the date on which you first exercised the right that is the subject of the dispute with us or the Therapist. You have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

14. What are your rights under the defective performance and how to exercise them?

If the Therapist fails to provide you with a Session in a proper and timely manner, you are entitled to book a replacement Session with the Therapist of your choice.

Please exercise your rights under defective performance by contacting us as the Platform Operator either in writing at our registered office or by emailing us at podpora@hedepy.cz. You will be informed of the progress and settlement of the claimed right to compensation via the contact details you provided in the order for the relevant Session.

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 amount of such charges. 

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

15. To what extent are you responsible when using the Platform? Is there any limitation on our liability as a Platform Operator?

The Company is not liable in any way for the Sessions and the content uploaded on the Therapist Profile as well as for the proper provision of the Sessions. Any harm caused by the Sessions or the Therapist’s information is the sole responsibility of the Therapist. However, you are always responsible for your own actions before, during and after the Session.   

We shall not be liable for any harm caused by misuse of the Platform, Account for any reason whatsoever (including but not limited to force majeure, actions of a third party or Client, power or connectivity failure). We shall not be liable for any damage (including loss of profit) resulting from the use of the Platform, Account or from any restriction or interruption of their availability, nor shall we be liable for any interruption of the provision of the Services if this is caused by third parties or force majeure (for example, a cyber-attack, prolonged power or telecommunication outage, improper service 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 elements and technologies, etc. ) or because the operation of the Platform, Account is terminated. For these cases, you waive the right to compensation for damages.

You undertake to bear all legal consequences arising as a result of a breach of your obligations, namely obligations under these Terms, the Contract, the Contract with the Therapist or obligations set forth by generally binding legislation. You shall furthermore pay us all costs and expenses incurred by us as a result of third party claims against us as a result of any breach of your obligation. This is without prejudice to the Operator’s and third parties’ claims for damages (both damages and non-pecuniary damages) arising as a result of a breach of any of the Client’s obligations.

16. How long is the Contract and how can it be terminated?

Either Party may terminate the Contract by written (including email) notice addressed to the other Party at the email address of the other Party. The notice period is one month and starts on the first day of the calendar month following the date on which the written notice is delivered to the other Party.

The termination of the Contract shall be effected, inter alia, by cancellation of the Account; this shall be without prejudice to the grounds for termination of the Contract arising from legislation. The Account may be cancelled:

• by our mutual agreement;
• due to a breach of the Contract (including the Terms and Conditions) on the part of the Client
• in the event of inactivity of the Account for more than 24 months.

The Parties may only terminate the Contract in cases provided for by law. The Parties may not withdraw from the Contract in respect of services they have already provided to each other.

17. What about intellectual property?

We are the exclusive and unrestricted executor of all proprietary and, to the fullest extent permitted by law, personality rights in the Platform as a work of authorship within the meaning of Act No. 121/2000 Coll., the Copyright Act, as amended (the “Copyright Act“).

By entering the Contract, we grant you a limited right to use the Platform to the extent of the functionality made available to you under the Account (the “License“). The license under this Contract is non-exclusive. The License is granted for the term of the Contract. The License is not limited in territory and is granted free of charge. Under the License, you may not grant any portion of the authority comprising the License (sublicense) to a third party or assign the License to a third party without our consent.

All of our rights (both proprietary and personality rights where permitted by law) in the Platform remain with us. We do not grant you any additional rights or access to the Platform under the Contract beyond the scope of the Licence.

18. What happens to your personal data?

The Operator and the Therapist will deal with your personal data in accordance with applicable law for the purpose of performing the Contract and providing the Services under these Terms. For more information on how your personal data is processed, please refer to the GDPR Policy.

19. 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, including without giving any reason. In the event that this occurs, then the Operator will ensure that payments made by Clients for Sessions that are no longer held for this reason will be refunded to Clients in the same manner as they were paid.

Any ineffectiveness or invalidity of any provision of the Terms and Conditions shall not render them ineffective or invalid. The invalid or ineffective provision of the Terms shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision.

We are authorised to provide the Services and operate the Platform on the basis of a trade licence and trade control is exercised by the relevant trade authority within its jurisdiction. We are also subject to the supervision of the Czech Trade Inspection Authority as regards compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. 

These Terms and Conditions come into force and effect on 1 September 2021.

II. General terms and conditions of the Operator for business partners

This Section II. Operator’s General Terms and Conditions for Business Partners (hereinafter referred to as “GTCP“), together with the T&Cs, are hereinafter also collectively referred to as the “Terms and Conditions“.

The Operator is entitled to provide the third party with vouchers for Consultations (hereinafter referred to as “Business Voucher“), which are so designated, and which are further assigned by the third party to the holder. The holder of the Business Voucher is then entitled to register for a Consultation through the Server, which is paid for by redeeming the Business Voucher, provided that the User and Client meet their obligations under the Terms and Conditions.

The validity of the Business Voucher is 1 year from its issue.

3. What is the difference between GTCP and T&Cs?

In general, the T&Cs regulate in particular (i) the rules to be followed by the Business Voucher Holder or Client when registering or using the Server, (ii) the relationship between the Operator and the Business Voucher Holder or Voucher Holder or Client and/or users of the Server when using the Server, and (iii) the relationship between the Business Voucher Holder or Voucher Holder or Client and the Operator and the Therapist.

The difference between the GTCP and T&Cs is then mainly that:

– The GTCP applies to the Business Vouchers and their use when it regulates, inter alia, the relationship between the Operator and the third party who purchases the Business Vouchers from the Operator. The Operator is the provider of individual Consultations, which are delivered to Clients using Business Vouchers through Therapists, i.e. subcontractors of the Operator – the Operator is in the position of a service provider;

– T&Cs shall be applied to Consultations which are purchased directly by the Client or which are paid for by means of a Voucher, always through the Operator directly to the Therapist. Thus, the T&Cs governs, among other things, the relationship between the Operator, which mediates the possibility for the Client and the Therapist to enter into a Contract (as defined in the T&Cs) between themselves for individual Consultations – i.e. the Operator is the service intermediary.

4. Application of the GTCP and T&Cs

For the purpose of redeeming a Business Voucher on the Server to order a Consultation, the holder of the Business Voucher shall act in all respects as a Client under the T&Cs, provided that the relevant provisions of the T&C shall apply be used accordingly. The rights and obligations of the Business Voucher Holder are therefore governed by the T&C, where the Business Voucher Holder is a Client under the T&C. Regardless of any other provision to the contrary, it is agreed that the Business Voucher Holder is not entitled to any financial equivalent of the Business Voucher (as they are not in the position of the Purchaser but only the person redeeming the Business Voucher) and is not entitled to any monetary or non-monetary compensation in the event of expiry of the Business Voucher.

The Operator then, according to these GTCP, unlike the T&Cs, has the status of a provider (not an intermediary) of the Consultation, which is provided by the Therapist, as a subcontractor of the Operator, and therefore the individual provisions of the T&Cs must be interpreted appropriately with respect to this arrangement.

All matters relating to the provision of services on the Server, the Consultation, the relationship between the parties using and providing services directly or indirectly through the Server not governed by these GTCP shall be governed by the T&Cs, with the GTCP taking precedence in the event of a conflict.

These GTCP shall come into force and effect on 1 January 2021. Modification of the GTCP is reserved.