TERMS OF USE
Therapy Yard Limited (“The Therapy Yard”) operates the website located at www.thetherapyyard.co.uk. The Therapy Yard provides a platform that connects people in search of therapy to a network of affiliated Therapists to obtain online telehealth counselling, psychotherapy and therapeutic or psychological services.
All Therapists who provide Services through The Therapy Yard are independent professionals who are solely responsible for the services each provides to you. The Therapy Yard does not practice psychotherapy, therapy or any other counselling service, and does not interfere with the practice of psychotherapy, therapy or any other counselling service provided by the Therapists, each of whom is responsible for his / her services and compliance with the requirements relevant to his / her professional body and/or license. Neither The Therapy Yard nor any third parties who promote the Services or those who provide you with a link to the Service shall be held liable for any professional consultation you receive from a Therapist via the Services.
This Agreement is a legal document which sets out your rights and obligations, and those of The Therapy Yard in relation to you requesting information or services that are advertised on our Website.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context requires otherwise:
“Client” means an individual or couple who have registered for Services through the Website.
“Client Fee” means the fee payable by the Client for Services provided by the Associate Therapist
“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).
“Force Majeure” means an event or sequence of events beyond reasonable control preventing preventing You or Us delaying from performing any obligations under this Agreement;
“Party” means either party to this Agreement and “Parties” means both of the parties to this Agreement.
“Platform” means the services provided using this Website;
“Registered User” means and individual or couple who have registered to use the Website’s services
“Registration” means your registration with the Website to allow access to the Platform provided by us
“Services” means the provision of counselling, psychotherapy and therapeutic or psychological services
“Site “ means the use of this site to obtain access to the Therapist;
“Therapist” means an accredited Counsellor, Psychotherapist, Psychologist or Psychiatrist or company who is registered with us and advertising its / their services on our Website;
“We”/”Us”/”Our” means Therapy Yard Ltd, a company registered in England with company number 13637465 whose registered office is at 7 Bournemouth Road, Chandler’s Ford, Hampshire, SO53 3DA
“VAT” means value added tax, as defined by the Value Added Tax Act 1994.
“Website” means the website located at www.thetherapyyard.co.uk
“Website Services” means the provision of the online booking platform, telehealth technology, online payment solutions services and Website marketing
“You/Your“ means the individual or company accepting these Terms and/or the person(s) using the Services;
1. GENERAL INFORMATION
1.1 By registering to use The Therapy Yard’s services (becoming a “Registered User”), you agree to the terms of this Agreement, and you confirm that agreement every time you use it.
1.2 You must be over the age of 18 to register with us. If you are under the age of 18, you must ask a parent or guardian to register with us and both you and that parent/guardian will be subject to these Terms.
1.3 Visitors to The Therapy Yard who do not register to become a Registered User similarly affirm that they are bound by this Agreement each time they access The Therapy Yard as a User. You should be aware that this Agreement may vary from time to time without notice. We recommend that you refresh this page every time that you use the Service to ensure that you have the most recent documentation.
1.4 Telehealth is the distribution of health and wellbeing services using interactive video and audio technology, where the Therapist and client are not in the same physical venue. During your telehealth consultation with a Therapist, personal details and your health history may be discussed with you through the use of interactive audio, video and other telecommunications technology.
1.5 Any Treatment within a Therapy Session (“Session”) resulting through the use of, or as a result of The Therapy Yard, by our Therapists whilst operating on behalf of The Therapy Yard, is also bound by this agreement.
1.6 At no time will a contract come into existence as between you and us for the Services. Any contract formed with a Therapist will be solely between you and the Therapist.
1.7 Your Therapist may decide that the Services are not recommended for some or all of your treatment needs, and accordingly may choose not to provide telehealth services to you through this Site.
1.8 The information provided on or from this site is intended to give general information about counselling psychotherapies, and other services and for the provision of such. The information is not intended to be relied upon or to be a substitute for health advice from your GP or other healthcare professional. The Therapy Yard is not responsible or liable for any diagnosis made by a user based on the content of this website. Always consult your own GP if you’re in any way concerned about your health.
1.9 By accessing and then using this Site you agree to abide by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Services or the Site., the Website Terms of Use, and our Privacy and Cookies Policy and that you agree to be bound, without limitation or qualification to all of those terms
2. OUR WEBSITE
2.1 We use our best endeavours to keep the information that we place on the Website as accurate as possible, but we are under no obligation to update the Site.
2.2 We bear no responsibly for information on the Website given to us by Therapists and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on this Website. We may provide you a range of Therapists profiles as part of the Therapist selection process. Therapists are solely and exclusively responsible for the content of their profiles and we expressly disclaim any and all liability for the content of Therapist profiles, including, without limitation, the accuracy or reliability of information contained therein.
2.3 Whilst we interview and verify the identity of the Therapists registered with us we make no warranties in regard to the services they provide, nor have we vetted the Services they provide. All Therapists registered with us represent that they have professional qualifications, certificates and/or degrees as applicable in the areas of psychotherapy or counselling. We expressly disclaim any liability for fraudulent credentials or claims made by Therapists.
2.4 We shall not be liable for and accept no responsibility for any information presented including, but not limited to, information presented by Therapists, liability in connection with any connections made directly with Therapists, or any circumstances that may arise from your use of the Website.
2.5 Whilst we will try to match you with the best Therapist for your circumstances, there is no guarantee that you will be accepted as a registered user, or as a client by one of our Therapists. Therapists may decide that telehealth therapy services are not appropriate for your treatment needs and it is their right to elect not to continue with treatment at any point. The provision of telehealth therapy is at the sole discretion of your Therapist. We cannot and will not be held liable for any loss or damage arising from non-compliance of the above requirements.
2.6 We reserve the right to withdraw or amend the service provided on this Website without notice. We shall not be liable if for any reason our Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, if required. We aim to update the Website regularly and may change the content at any time. We may therefore have to suspend access to the Website if necessary.
2.7 You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them. In order to use the Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.
2.8 We cannot guarantee that the services on the Website will be uninterrupted.
2.9 There is no fee to you to register to use the Website.
3. REGISTRATION AS A CLIENT
3.1 In order to use our Services, you will first be required to become a Registered User by completing a client registration form. So that we can contact you with introductions to potential Therapists, you will need to supply us with a current valid email address. By registering with us, you agree to inform us should your contact information change.
3.2 You agree that the information you provide to us, including during registration and any information you subsequently share with us on email, will be accurate, true and complete. This information includes (but is not limited to) name, address, phone number, email addresses, age and payment information.
3.3 As part of the registration process for The Therapy Yard, you will receive a verification SMS, the purpose of which is to take reasonable steps to ensure that the phone number you have supplied during registration is controlled by you. That email contains simple instructions which you must follow.
3.4 By registering to use our services provided on the Website you agree that:
3.4.1 you have read, understood and agree to all of the terms set out in this Agreement (and all other Terms referred to as if they were set out in full within this Agreement);
3.4.2 you are over the age of 18 and/or that you have the legal capacity to enter into and be bound by these terms, or, that you are a parent/guardian of someone over the age of 18;
3.4.3 you understand that we are only acting as a platform and that the contract for Services to be provided by Therapists is only between you and the Therapist;
3.4.4 the information that you provide to us is accurate;
3.4.5 you will keep any username and password that we supply to you private and shall not allow another person to use those details to introduce you to Therapists via the Website;
3.4.6 The medium through which any therapy sessions are to take place will be telehealth.
3.5 As well being able to view the website to browse like any non-registered visitor, in accordance with our Privacy Policy, Registered Users may:
3.5.1 Book and make payments for Sessions with Our Therapists.
3.5.2 Receive emailed messages and telephone calls, which will be sent to the email address or telephone number contained in your details (which are provided during Registration and may be updated subsequently)
3.5.3 Receive requests for your feedback, as a result of receiving a Session from one of our Therapists, to enable us to maintain and improve our services.
3.5.4 After payment is cleared and a session is arranged directly with the Therapist, view released information about that therapist
3.6 We reserve the right to refuse to accept your registration or to suspend or deny access to the Website if you breach any of the terms set out in this Agreement.
3.7 These terms do not affect your statutory rights.
4. SECURITY PROCEDURE
4.1 You must keep your Security Details secret.
4.2 You must take all reasonable precautions to prevent the fraudulent use of your Security Details.
4.3 You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.
4.4 It shall be your responsibility to notify The Therapy Yard immediately if you notice any unauthorized access or use of your account or password or any other breach of security. The Therapy Yard shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
5. YOUR INFORMATION
We process information about you in accordance with our Privacy and Cookies Policy
5.1 Communications between you and us will take place over standard email or via the telephone numbers supplied by all parties on registration (if permission has been given to contact you by phone or SMS). Through the use of potentially unsecured email, there is risk that Private Health Information may be disclosed to and/or intercepted by unauthorized third parties. As such, we cannot ensure the security of messages sent by email.
5.2 As part of providing you with the Services, we may need to supply you with certain communications, including: appointment reminders, administrative messages, and service announcements. These communications are considered to be part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under specific conditions, insecure email communication containing personal health information may take place between you and The Therapy Yard. The Therapy Yard cannot ensure the security or confidentiality of messages sent by email.
6. FEES
6.1 To confirm the start of any treatment, we will require you to pay in advance for the Therapy Services at the time of booking your Session. For all other appointments, you will be required to make payment within 24 hours of receiving your appointment confirmation email to secure the appointment otherwise the appointment will be released.
6.2 The cost of each Therapist varies, and some charges will be subject to VAT. You will be informed at the time of booking of the cost of the Session, which will depend on the services required and the length of the Session booked.
6.3 All payments and bookings are to be made online through The Therapy Yard Website. The Therapy Yard acts as an agent for the Therapist collecting their Client Fees on their behalf. No payments should be made directly to the Therapist.
6.4 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant The Therapy Yard’s Service. We also reserve the right to introduce a fee for the use of part, or all, of The Therapy Yard’s for which no fee had previously been charged.
7. CANCELLATION OF APPOINTMENTS
7.1 If you do not provide your Therapist with clear notification of cancellation of an appointment with at least 72 hours prior notice to the appointment time, or if you do not attend a session as scheduled, you will be charged for the full cost of the session. It is your responsibility to get confirmation from your Therapist in advance of your booking, that the scheduled appointment will go ahead as planned.
7.2 If for any reason the Therapist cancels your Session you will be offered the choice of an alternative Session or a full refunded.
8. OPERATION OFTHE THERAPY YARD
8.1 Whether you are a Registered User or Non-Registered User who visits The Therapy Yard, you acknowledge that we operate as a central booking platform for Therapists throughout the UK the EU and on a worldwide basis.
8.2 For every booking as a result of referrals and information gained through The Therapy Yard, The Therapy Yard will receive a reasonable payment at an agreed rate from each transaction from the Therapist (in addition to other transaction costs and charges incurred through processing payable to other parties). Any arrangement by intention or otherwise, which aims to avoid these payments (successfully or unsuccessfully) is considered a breach of this agreement, and charges for the recovery of these payments and other costs incurred will be sought.
8.3 The Therapy Yard has taken reasonable steps to ensure that all Therapists whose details appear on The Therapy Yard have achieved recognised high standards of training and experience through their qualifications.
8.4 The Therapy Yard will make best endeavours to ensure services are provided effectively however The Therapy Yard does not, and cannot, monitor the day-to-day activities of its individual Users and Therapists.
8.5 All repeat services beyond those initially booked through The Therapy Yard, must at all times be booked and paid through The Therapy Yard website.
8.6 While We will make reasonable efforts to provide the service, we will not be liable for any failure to provide the service or any part of the service for any reason that is beyond our reasonable control including, in particular, any suspension of the service resulting from maintenance and upgrades to our systems or those of any other party used to provide the Service.
8.7 We reserve the right to withdraw or modify one or more aspects of The Therapy Yard’s service where we have legal or technical reasons to do so (including technical difficulties experienced by The Therapy Yard or on the Internet). There may also be times when The Therapy Yard becomes unavailable, whether on a scheduled or unscheduled basis.
8.8 We may, where we consider it appropriate for your or our protection, suspend, withdraw or restrict the use of The Therapy Yard or any part of the Service. We will tell you as soon as practicable if we take such action. We may also end the operation of the Therapy Yard’s service at any time by giving you reasonable notice.
8.9 For security or other reasons, we may require you to change your security details which facilitate access to The Therapy Yard’s websites.
8.10 Available information is constantly changing and the way the internet and your computer works may mean you do not always receive the latest version, or a complete version, of our Website. Whilst we do everything possible to bring you trustworthy and reliable information we cannot give an absolute guarantee that every piece of information on our Website is true, accurate or up to date at all times.
9. COMPLAINTS
9.1 We hope that you will be happy with the service provided on our Website. However, if you do have any complaints regarding the service we provide then please contact us at info@thetherapyyard.co.uk.
9.2 If you have any complaints relating to the services provided by a Therapist, then please follow their internal complaints procedure. If you are unhappy with the outcome then please contact us at info@thetherapyyard.co.uk. However, we do not make any warranties or representations as to what steps we will take with regards to such complaints, including complaints that involve any breach in the Code of Ethics relating to the Therapists professional body.
10. LIMIT OF RELATIONSHIP
10.1 We are not liable for any information given on the Website or directly to you by a Therapist or for any services (lack thereof or failure to meet legal requirements) provided by a Therapist.
10.2 We do not provide any of the services listed by Therapists on the Website.
10.3 By using this Website and/or registering to use the Website, you agree and accept that no legal relationship is created between you and us with regards to the Services provided by Therapists.
10.4 We make no representations or guarantees as to the Therapist Services being offered or advertised by Therapists. We do not vet the actual services provided by the Therapist and whilst we filter down the number of Therapists to treat each client that is not in any way an endorsement of their services and we cannot guarantee the Therapist’s ability to deliver results. Ultimately, it is for you to choose whether you wish to proceed with a Therapist after we have introduced you.
10.5 All of the Therapists using our Site have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the Country in which the Services are provided but we give no guarantee or warranty in that regard. You are solely responsible for making your own checks in regard to the Therapist’s skills to undertake the services you are wishing for them to complete.
11. TERMINATION
11.1 You may terminate this Agreement at any time by contacting us at info@thetherapyyard.co.uk and we will delete your registration details and all details that we hold on you from our database.
11.2 Upon termination of this Agreement, any monies owed by you to a Therapist will be due for immediate payment and will be collected by us accordingly. Likewise, any credit held by us for services paid for but not provided will be refunded once any final charges and monies owed have been deducted.
11.3 We may suspend or permanently terminate your use of the Website if you breach any of the provisions of the terms set out in this agreement.
11.4 Subject to applicable law, The Therapy reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, The Therapy Yard will have no further obligation to provide the Services, except to the extent we are required to provide you access to your own health records or Therapists are required to supply you with further care under their applicable ethical, legal, and professional obligations to you.
12. LIMIT OF LIABILITY
12.1 To the extent permitted by law, we have no liability whatsoever relating to the information on this Website or the services advertised by/provided by Consultants. This does not affect your statutory rights under English Law. We do not limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which we cannot exclude by law.
12.2 You acknowledge and agree that the Therapists using the Site are entirely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, instructions, advice, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional services will be provided and performed exclusively by or under the guidance of Therapists, in their sole discretion, as they deem appropriate.
12.3 By agreeing to these terms, you agree to fully indemnify, defend and hold harmless us, our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third-party partners from and against all third-party claims, costs, losses and/or liabilities relating to or arising in connection with any illegal use of the Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.
13. EXCLUDED LOSS
13.1 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). The Therapy Yard will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
14. MAXIMUM LIABILITY
14.1 Without limiting the preceding Clause, during any session booking or as a result of, the aggregate liability of The Therapy Yard under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the amount equal to the sums paid by you to us by way of any fees for each session, regardless of the cause or form of action.
14.2 Any action or claim for loss, damages, or personal injury, must first be directed to the therapist or contractor with whom the treatment or contact was received or intended. Only after maximum progress of such action with the therapist or Contractor, or where deemed necessary by the courts, shall The Therapy Yard become liable.
15. NON-EXCLUDED LIABILITIES
15.1 Nothing in this Agreement limits The Therapy Yard’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
16. INDEMNITY
16.1 You agree to indemnify us against all liabilities, claims, and expenses that may arise from any breach of this Agreement by you or through a machine on which you access The Therapy Yard.
17. LINKS TO OTHER WEBSITES
17.1 Any links provided on the Website to other websites are not intended to provide an endorsement by us and we will not be liable for any information, links, or software found on any other website, source of information, or internet location, nor for usage of such information, links, or software, nor for the acts or omissions of any such websites or their respective operators.
18. CONFIDENTIALITY
18.1 Confidentiality is an integral part of counselling and psychotherapy and is seen as essential to building the therapeutic relationship and ensuring the Client’s sense of safety. The therapeutic process encourages the client to be as open and honest as possible and inevitably personal experiences and sensitive information is disclosed. It is vital therefore that the Client can trust that everything discussed will remain completely confidential. All information will remain confidential unless both the Client and Therapist agree to discuss something with a third party. The information you supply to your Therapist during a consultation or Session is legally confidential.
The exceptions to this are:
18.1.1 In adherence with good practice and compliance with my professional association – (COSRT) I receive regular Supervision with a fully qualified COSRT accredited supervisor who is bound by the Code of Ethics and Practice. Should I discuss aspects of my work with you, I will refer to you by your first name only.
18.1.2 If you reveal to you Therapist something that leads them to believe there is a risk of harm to yourself or others; you have committed a serious criminal offence or intend to do so then the right of confidentiality is waived and your Therapist may contact your GP, relevant Public Authority or professionals.
18.1.3 If you have been referred to a Therapist by a GP or Specialist, the Therapist may write a short initial assessment and a brief assessment on completion of therapy. This is something that should be discussed with your Therapist on an individual basis.
18.1.4 If the Therapist is compelled by a Court of Law to disclose information or notes they
18.1.5 If needed to enable the management of any complaint against the Therapist by you, or if the Therapist or The Therapy YardI have to take steps to recover unpaid fees.
18.1.6 In the event of the Therapist’s death or sudden incapacity to practice, a qualified colleague bound by the same rules of confidentiality will access the Therapist’s secure records and contact you to inform you.
19. TRADEMARKS AND INTELLECTUAL PROPERTY
19.1 This Site, and all its contents, features, and functionality (including but not limited to all information, text, displays, software, images, audio and video, and the design, arrangement and selection thereof), belong to The Therapy Yard, its licensors or other providers of such material and are protected by patent, copyright, trade secret, trademark and other intellectual property or proprietary rights laws.
19.2 These Terms of Use permit you to use the Site only for your non-commercial, personal use. You must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, publicly display, download, store, or transmit any of the material on our Site except as commonly and normally permitted through the Site according to these Terms of Use. You must not access or use any part of the Site or any services or materials available through the Site for any commercial purposes.
20. FORCE MAJEURE
20.1 We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.
21. SEVERABILITY
21.1 If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
22. RIGHTS OF THIRD PARTIES
22.1 No person other than you or us will have any right to enforce any of this Agreement’s provisions.
23. ASSIGNMENT
23.1 We reserve the right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of The Therapy Yard dispose of this Agreement.
24. ENTIRE AGREEMENT
24.1 This Agreement includes our Privacy Policy and other Terms and Conditions made clear throughout The Therapy Yard. Together they contain the whole of the agreement between us and you concerning The Therapy Yard and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
25. CHANGES TO THS AGREEMENT
25.1 The Therapy Yard reserves the right to change this Agreement from time to time, and post the new version on the Therapy Partners website. When we do so, it remains your responsibility to ensure you have viewed the most recent update to this page, and the new version of these Terms and Conditions will take effect, and will govern all The Therapy Yard and your relationship with The Therapy Yard, immediately upon the use of any of The Therapy Yard (or such later date as The Therapy Yard indicates in this Agreement).
25.2 If you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use The Therapy Yard.
26. GOVERNING LAW AND JURISDICTION
26.1 This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.
26.2 You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
27. CONTACT
You can contact us by email at info@thetherapyyard.co.uk
For more information or to book an initial assessment
Fill out our Online initial contact form
Or call 020 7459 4067