1. Terms and Conditions
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which therapy may be provided (collectively the “Platform”). This website is owned and operated by Expathy located at 215 Common St, Apt 1, Quincy, Massachusetts, United States. The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website expathy.org and its related apps.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).

2. The Therapists and Therapist Services

The Therapists are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Therapist Services. The Therapists themselves are responsible for the performance of the Therapy Services. If you feel the Therapist Services provided by the Therapist do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform.
We require every Therapist providing Therapist Services on the Platform to be an accredited, trained, or experienced licensed psychologist (PhD / Master’s) or similar applicable recognized professional certification based on their countries. Therapists must have a relevant academic degree in their field, have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
Since Expathy wants to create a flexible work envrionment for Therapists, not all Therapists available on our database will be available for you to match with, or at any particular time, or for any set period of time. In case that the Therapist leaves Expathy after you have been connected, or the Therapist cancels the appointments, we will send an email to notify you that your Therapist is no longer on the Platform and that you have the opportunity to match with a new Therapist.
While we hope the Therapist Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
If you are thinking about suicide or considering harming yourself or others, or if you feel that any other person may be in danger, or if you have any medical emergency, you must immediately call your local emergency services number and notify the relevant authorities. The platform is not designed for use in any of the aforementioned cases, and the therapists cannot provide the assistance required in any of those situations. The platform is not intended to provide clinical diagnosis that requires an in-person evaluation, and you should not use it if you need any official documentation or approvals. It is also not intended to provide information on which drugs or medical treatment may be appropriate for you, and you should disregard any such advice delivered through the platform.
Do not disregard, avoid, or delay obtaining in-person care from your doctor or other qualified professional because of information or advice you received through the platform.

3. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy (The ‘Privacy Policy’). By agreeing to this agreement and/or using the platform, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

4. Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

5. Disclaimer of Warranty and Limitation of Liability

To the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the therapist services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any therapist and/or any other content or information accessible through the platform.
You understand, agree, and acknowledge that the platform is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. The use of the platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.
You understand, agree, and acknowledge that we shall not be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages.
You understand, agree, and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 12 months period prior to the date of the claim.

6. Your Subscription

We offer different subscription options (depending on the Expathy’s marketing strategy) to provide international expats with short or long term treatment plans. We reserve the right to change our subscription or adjust prices of our services. Any changes to your membership services will only take effect following proper notice to you. You can cancel the subscription to the service at any time for any reason.

Free Trials: All of the users (based on their email address) in the Platform have a right to book two free sessions.

7. Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Services remains valid until the purchase is canceled.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account or any other concern for breach of your account security. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the Account of any other person for any reason. You agree and confirm that your use of the Platform, including the Therapist Services, are for your own personal use only and that you are not using the Platform or the Therapist Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Therapists and us.
If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Therapist Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

8. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

9. Sanctions

Expathy products may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the US Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any US government list of prohibited or restricted parties.
You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Expathy under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

10. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to expathy@expathy.org.

11. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Massachusetts excluding any rules governing choice of laws.
This agreement constitutes the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

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