Termos e Condições do Usuário

Introduction

These are the terms of supply for services arranged on www.hiwellapp.com and/or through any mobile application we provide (together, the Platforms) which both allow you to arrange counselling support and consulting sessions (Consulting Sessions) from counselling consultants (Consultants). The Platforms operated by or on behalf of Hiwell Teknoloji A.Ş. which is established at Acıbadem Neighborhood, Çeçen Street, Akasya B Block No: 25 B Inner Door No: 32 Üsküdar/Istanbul (we, us and our).

Your use of the Platforms and your purchase of any of the Consulting Sessions (or package of Consulting Sessions) offered on the Platforms is subject to these terms and by using the Platforms or purchasing a Consulting Session you agree to be bound by them. Use of your personal information submitted to or via the Platforms is governed by our Privacy Policy.

We reserve the right to change these terms from time to time by changing them on the Platform, although no such change will affect any Consulting Sessions you have already purchased. These terms were last updated on 7 April 2022.

Medical disclaimers

You acknowledge and understand the Platforms and the Consulting Sessions are not for providing clinical psychiatric or psychological diagnosis, advice or treatment. In the event that information you provide indicates that you are considering suicide or self-harm, diagnosed with a psychiatric condition or require urgent medical assistance, you should speak to a doctor or a an appropriately qualified healthcare professional. In the case of an emergency, call 999 or the emergency services immediately.

The Platform and the Consulting Sessions are not intended for diagnosis or medical advice or treatment. The Consulting Sessions must not be used as a replacement for an appropriately qualified medical professional.

You acknowledge and understand that the Consultants cannot provide medical diagnosis, advice and treatment and no medication will be prescribed or recommended. If you require the aforesaid services, you should consult with your doctor or appropriately qualified healthcare professional. Your membership may be terminated if you insist on receiving medical advice, treatment or medication.

Consultants and the role of the Platforms

The Platforms bring together a range of Consultants that offer Consulting Sessions for sale and supply. On each Consultant page, you can see clearly the name of relevant Consultant by whom that Consulting Session is offered for sale and view the Consultant's contact details. We are not a seller or supplier of any of the Consulting Sessions.

When you purchase any Consulting Session (or package of Consulting Sessions), you will buy directly from the relevant Consultant (not from us) through the Platforms and the contractual relationship in relation to the sale will be only between you and that Consultant. We will not be a party to it. The relevant Consultant will be responsible for the supply of the Consulting Session(s).

Our role is limited to the provision of the Platforms to connect you with Consultants and certain related customer relations tasks. Though we may assist with certain practical issues on behalf of the relevant Retailer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Consulting Session sold or supplied on the Platforms by any Consultant.

Registering with us

To order any Consulting Sessions, you must first register to set up an account with us by completing the account registration form available on the Platforms. You only need to register once.

To register, you must be at least 18 years of age. It is your responsibility to ensure you satisfy this before choosing to register with us. By doing so, you confirm to us that you do meet this criteria.

To register, you must provide us with accurate, complete and up-to-date contact information. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.

Consulting Sessions

On your first use of the Platforms you will be prompted to provide your Consulting Session preferences and related information you choose to provide to us. In the first instance we will recommend a Consultant that appears to match such information. This information will only be shared with any Consultant if you choose to arrange a Consulting Session. Consulting Sessions may then be requested by following the prompts on the Platforms. You may check and correct any input errors in the arrangement of your Consulting Session up until the point at which you confirm it on our user flow. You may request just one Consulting Session or a package of multiple Consulting Sessions.

After requesting a Consulting Session, you will receive an acknowledgment from us that we have received your request. Please note that this does not mean that your Consulting Session has been accepted by the Consultant. Your request constitutes an offer to the Consultant to purchase the Consulting Session. All orders are subject to acceptance by the Consultant. The Consultant is not obliged to accept your order and may decline to accept your request for any reason. You do, however, acknowledge that by confirming a Consulting Session, you enter into an obligation to pay for the Consulting Session. Where the Consultant accepts your request, we will confirm such acceptance by sending you a confirmation of your order (Session Confirmation). The contract between you and the Consultant in relation to the Consulting Session(s) ordered (Contract) will only be formed when we send you the Session Confirmation.

If you contact your Consultant within their working hours set out on their profile on the Platform, they are obliged to respond to you within 24 hours of your contact. If you are not satisfied with your Consultant, we will recommend you a new Consultant.

If the Consultant has not done so, you should ask the Consultant to identify themselves at the start of the Consulting Session.

Price and payment

The price of Consulting Sessions is as quoted on the Platforms from time to time. Prices include VAT. The relevant Consultant will invoice you for Consulting Sessions. We will take a fee from the payment to the Consultant for the provision of our Platforms. Prices are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an Order Confirmation.

It is always possible that, despite best efforts, some of the Consulting Sessions listed on the Platforms may be incorrectly priced. Prices charged will normally be verified so that, where a Consulting Session's correct price is less than the stated price, you will be charged the lower amount. If a Consulting Session's correct price is higher than the price stated on the Platforms, we will normally either contact you for instructions before confirming the Consulting Session, or reject your request for a Consulting Session in which case you will be notified of such rejection.

Payment for all Consulting Sessions must be made by credit or debit card. Payment can be made by most major credit and debit cards and our payments services provider is Stripe. You should be aware that online payment transactions are subject to validation checks by your card issuer, and we and the relevant Consultant are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We and the Consultant are not responsible for this.

From time to time promotions may be run on the Platforms where discount codes are issued. These can be used in part-payment of the price of Consulting Session(s) ordered online, subject to the terms under which they were issued (as indicated in the relevant promotion from which you got the code). Discount codes are personal and can only be used once, and only during the period of validity stated and only in respect of the relevant Consulting Session(s) stated. Discount codes cannot be redeemed for cash.

Cancellation rights

If we have confirmed a Consulting Session but you wish to cancel, you must do this at least 48 hours prior to the arranged date and time of the Consulting Session. If you do not cancel with at least 48 hours' notice, or if you do not attend the Consulting Session, the Consultant may still charge you. We and the Consultant will not be liable to refund any Consulting Session that you do not attend or which you do not cancel with sufficient notice.

If you cancel any Consulting Session(s) at least 48 hours prior to the relevant Consulting Session, you will receive a full refund for the relevant Consulting Session.

You cannot cancel any Consulting Session(s) after the arranged date and time for such Consulting Session(s), whether under the Consumer Contracts Regulations or otherwise. You normally have the right to cancel a Contract within 14 days after the date we send you the Session Confirmation. However, you acknowledge that the Consultant supplies the Consulting Session at the appointment arranged (which, by placing your order, you request the Consultant to do) and that, if the Consulting Session takes place or you do not attend the Consulting Session, you will have no right to change your mind and cancel (or claim any refund).

Nothing in this section affects your legal rights.

Our refunds policy

If you cancel a Consulting Session (see above), we will process any refund due to you as soon as possible and, in any case, within 14 days after you notify us of cancellation.

If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.

Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Defective Services

If any Consulting Session you attend is defective (in other words, it does not comply with the requirements of the Contract), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any Consulting Session is defective, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Please note that we have no control over any Consultant or the quality of any of the Consulting Sessions it supplies, we do not give any commitment (whether on our own behalf or on behalf of any Consultant) regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Consultant.

In the event that you are not satisfied with your Consultant, any complaints should be addressed to the Consultant in the first instance. If you are not satisfied with the response from the Consultant, any complaints should be addressed to us. We will review the complaint and may suggest a new Consultant for a fee once a month.

Nothing in this section affects your legal rights.

Cancellation, suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of the Platforms (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may, with or without prior notice, terminate or suspend your use of the Platforms, or cancel any Consulting Sessions, in the event that:

you have breached any of these terms; or
you fail to pay any correctly billed charges when due.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

issue of a warning to you;
cancelling any Consulting Sessions;
immediate, temporary or permanent withdrawal of your right to use the Platforms;
legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of your account, for any reason:

all rights granted to you under these terms will immediately cease;
you must promptly discontinue all use of the Platforms; and
you must pay us all outstanding amounts that you owe us.

Changes to the Platforms, charges and terms

As it is our policy continually to review and update our service offerings, we reserve the right to make changes to any Platform, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of any Consulting Sessions you have already already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.

We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your account without penalty. If you do not cancel your account before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.

What you are allowed to do

You may only use the Platforms for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Platforms on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platforms and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

'scrape' content or store content of the Platforms on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Platforms;
remove or change any content of the Platforms or attempt to circumvent security or interfere with the proper working of the Platforms or the servers on which they are hosted;
create recordings of the Consulting Sessions (including audio, video or written);
use the Platforms to transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable;
use the Platforms to impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
use the Platforms to transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam); or
use the Platforms to transmit or distribute any virus and/or other code that has contaminating or destructive elements.

You must only use the Platforms and anything available from the Platforms for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Platforms (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platforms. In the event you print off, copy or store pages from the Platforms (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Platforms from time to time. You agree that your use of the Platforms is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Platforms (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platforms and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.

We cannot and do not guarantee that any content of the Platforms will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Access to the Platforms

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Platforms and is compatible with the Platforms.

We may, from time to time, restrict access to certain features, parts or content of the Platforms, or the entire Platforms, to users who have registered with us.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Plaforms. There may be times when certain features, parts or content of the Platforms, or the entire Platforms, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Platforms, or any features, parts or content of the Platforms.

Username and password

Upon registration for an account with us, you will be asked to create a username and password. You must keep your username and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and/or any use of your account by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

External links

The Platforms may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Liability

Nothing in these terms shall limit or exclude any liability to you:

for death or personal injury caused by negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we or the relevant Consultant be liable to you for any business losses and any liability we or the relevant Consultant do have for losses you suffer arising from or under these terms shall not exceed the purchase price of the relevant Consulting Session(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated at the time your order is accepted.

Please remember that the legal contract for the supply and purchase of Consulting Sessions is between you and the relevant Consultant. We have no control over the actions or omissions of any Consultant. We shall not be liable for any acts or omissions (whether in contract or tort) of the Consultant, including negligence or malpractice.

Neither we nor the relevant Consultant will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by events outside our or the Consultant's reasonable control.

Hiwell shall not be liable in any way, directly and/ or indirectly, for any loss, harm or damage (whether direct or indirect) incurred or may be incurred by third parties due to your activity on the Platforms which are in violation of the provisions of these terms and / or the law. We reserve our rights against such third parties, including the right to commence legal proceedings.

General

You may not transfer or assign any or all of your rights or obligations under these terms.

If the relevant Consultant fails to enforce any of its rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us, and you and the relevant Consultant in relation to the subject matter of these terms.

These terms shall be governed by English law, except that if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us, or you and the relevant Consultant, regarding these terms will only be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we or the Consultant brings legal proceedings, it may only do so in your country.

Contacting us

Please submit any questions you have about these terms or anything else in general by email to hello@hiwellapp.com