1. Service Agreement
The Parties to the Service Agreement (“Agreement”) is signed by "LifEm" (“Company”) for short, which has the trade name LifEm, onlifem.com (“Website”) regulates the terms and conditions for the services offered through the site and their use. Any natural or legal person who fills out the application form on onlifem.nl with a purpose of receiving psychotherapy and counselling services on the topics stated on the website, hereinafter referred as ‘the client’; specialists, psychologists or clinical psychologists who provide the service by creating a profile on the website and offer sessions will be referred as "consultant’. The parties declare, accept and undertake the accuracy of the information written in this agreement by using this service or by visiting the website.
2. Definition and Duration of the Agreement
“User" means consultants who request a single or package session service through the website, as well as consultants who provide the session service.
For the provision of services that are the subject of this agreement onlifem.com internet services a single session or package at the website specified by selecting one of the payments of the price, with all the rights and duties of the validity period and continues until the last service.
3. Contract Price
3.1. The fee to be paid for the services specified in this agreement indicated on the relevant service pages on the website, onlifem.com, and VAT is included in the specified fees.
3.2. When the client creates a session service request via the website, he/she agrees that he/she will pay the amount specified in relation to the session service in question.
4. General Provisions
4.1. onlifem.com each user who has started his membership on the site is considered to have read and accepted all the current terms of the following agreement. The following rights and obligations are for both the client and the consultant.
4.3. Membership to the website is free of charge.
4.4. In order to create a valid session service request, you must provide the necessary information about the service (the date, time of the requested service, etc.), it must be given in full, accurately and clearly, and its content must comply with the conditions set out in this agreement.
4.5. A single session starts from the moment of payment with the selection of a client – consultant and takes place in the form of one (1) session. If the match is for an upcoming date (24 hours or more), the appointment request can be cancelled with a refund at least twenty-four (24) hours in advance.
4.6. If a single session request is for less than 24 hours, cancellation status and/or refund cannot take place. The balance can be suspended for later use.
4.7. From the moment of a single session match, the client has the right to change his current consultant at least one (1) hour before the session takes place.
4.8. The client has the right to change the date of the session he has chosen at least one (1) hour before the single session takes place.
4.9. The package session starts from the moment of the Client - Consultant match and takes place in the form of four (4) sessions. If the match is for an upcoming date (24 hours or more), the appointment request can be cancelled with a refund at least twenty-four (24) hours in advance. If the session request is received less than 24 hours in advance, cancellation status and/or refund cannot take place. The balance can be suspended for later use.
4.10. The client requesting a package session must use the remaining 3 session requests no later than 12 months after the first session match, subject to the previous conditions.
4.11. The client who receives the service, including single and package sessions requested via the appointment system, confirms the request for the service by making a payment for the relevant service. The client who receives the service agrees and declares that he knows that the payment was received at the time of the creation of the request for this service.
4.12. A single or package sessions that will be given via the website is conducted by consultants with a profile on the website.
4.13. This contract is valid from the date the client becomes a member of the system until he terminates his membership and is deemed to have been accepted.
4.14. The client and the consultant agree that they are responsible for all damages that may arise when they go outside the rules listed in this agreement, and the website is not responsible for such damages.
4.15. The client has the right to change the consultant any time and to leave the system. OnLifEm is not responsible if the client is not satisfied with the quality of the service provided by the consultant.
4.16. Clients can send multiple session requests through a single member account.
4.17. It is users’ own responsibility to determine and protect the password for their accounts. Users should not share and carefully protect the account name and password for their account. Users are directly responsible for the malicious use of their own account by other people due to their own flaws. The Company has the right to appeal to the relevant user in kind for any judicial/administrative fines and/or compensation that it will have to pay for this reason. User rights, username and password related to the client and consultant profile cannot be transferred to third parties or persons.
4.18. OnLifEm and the consultant are not responsible for any failures that may occur if the information provided is incomplete or incorrect by the client when becoming a member. The consultant has the right to terminate the service if there is a lack of this information or the accuracy of it cannot be verified.
4.19. If the client does not fulfill his responsibilities and obligations in violation of any article of this agreement, or if the information stated in this agreement is found to be incorrect, the consultant has the right to terminate the contract unilaterally without any notice and notice. After termination in this way, the client declares, accepts and undertakes that he/she cannot ask for the refund of the package price he/she has paid regardless of the remaining period. The client has the right to terminate the contract before or at the end of the term without any justification. However, he cannot ask for the refund of the prices paid without a valid reason.
4.20. The client must be alone during the sessions with the consultant and ensure silence and privacy during the conversation, that there is no noise, distractions that will prevent the session, no mobile phone use, no divisions and interruptions. Otherwise, the consultant has the right and authority not to interrupt and end the session.
4.21. The client cannot demand a refund of the session if the sessions took place with the consultant.
4.22. The client will not contact the consultant for the purpose of excluding the website and/or the company, agreeing on a lower price or non-payment of fees to the company regarding a request for a session service created through the website.
4.23. The client must be at the computer, telephone and/or tablet at the time of the session agreed with the consultant. The consultant has the right not to extend the session period in case of delay. If the client does not participate in the interview within 15 minutes as of the beginning of the interview time, the interview may be terminated by the consultant.
4.24. If the session is cancelled by OnLifEm or the consultant (except for the clauses contained in the agreement), the session fee will be refunded.
4.25. The client cannot record or use audio or video recordings of session calls without the permission of the consultant. In the same way, it cannot distribute, share, use the services it has received to third parties without the permission of the consultant.
4.26. If the client is legally underage (under the age of 18), severe psychological disorders, psychiatric problems requiring medication, cases of self-harm to the person and someone else, and cases involving a criminal element in terms of legislation, psychotherapy services are not provided. OnLifEm is not responsible for any problems that may arise in important matters such as the age of the consultant and/or in cases where the consultant is misled. When such a situation is noticed, the consultant reserves the right to interrupt the service and not refund the fee.
4.27. All consultants within OnLifEm are obliged to comply with the requirements set out in the Regulation of the American Psychological Association (APA).
4.28. In order to ensure the functioning of the system specified in this agreement, consultant agrees that OnLifEm is responsible of collection of the service fee from the client and the transfer to consultant’s account. All conditions for the payment of the session service provided by the consultant to him, under which the payment collection and distribution authority specified in this article belongs to OnLifEm, are stipulated by the Sales Agreement signed between the consultant and OnLifEm during the creation of the consultant profile.
4.29. If the conditions specified in this agreement are not accepted by the consultant or the consultant contradicts them, the company has the right to terminate this agreement and cancel the consultant's profile on the website.
4.30. The consultant has the right to terminate the service if he finds that an online conversation with the client during the therapy process is inappropriate for the situation and does not provide benefits, and to terminate the conversation at that moment when he is subjected to verbal and/or sexual harassment.
4.31. The consultant is not responsible for technical failures that may occur in the process of online psychotherapy (internet outage, power outage, etc.). If the session is interrupted for technical reasons, the session that is missing and the client has paid the fee is completed later.
4.32. Client can select the consultant by clicking “psychologists” tab.
4.33. The website performs ranking, rating and recategorization among consultants through some algorithms within the system, such as blog post numbers, interview frequency and eligibility calendar numbers, and some consultants may be highlighted for reasons such as excess points arising from this algorithm, topic matching. However, this does not mean a certification or warranty issued by the company.
4.34. The consultant cannot record or use audio/video recordings of the session calls without the consent of the client. OnLifEm is not responsible if the consultant records audio or video recordings without the consent of the client.
4.35. Consultants who are dismissed from OnLifEm agree and undertake to provide services until their processes with their current clients are completed.
4.36. The consultant cannot continue his ongoing sessions at OnLifEm on another platform.
4.37. OnLifEm does not certify or recommend the consultant or its services and does not guarantee the performance of the work or the result or quality of the services provided.
4.38. There is no (a) employment, (b) part-time employment, (c) consultancy, (d) contracting, (e) joint venture or (f) agency relationships between the consultant and the company.
4.39. OnLifEm is not responsible for the relationship between the consultant and the person receiving the service, damage it caused to the client or a third party during the service.
4.40. The company will only take the necessary care to provide the services at the specified time and at the specified price.
4.41. The company is competent to provide appropriate and advisers about the reliability of the service, or the provision of the services to be given at the same time, be secure or free from error, adequacy or reliability of the results to be obtained from use of the service or to respond to the expectations of quality of service does not make no guarantees or warranties.
4.42. OnLifEm will make every effort to ensure the correct and full performance of the session services provided by the consultants, although it has no responsibility. However, in case of gross negligence or defect of the consultants, if there is any harm done to the person who received the session service or third person in any way and/or when directed to the company to litigation in this topic, the company reserves the right to offset, also judicial expenses and all damages, fines and attorneys ' fees for counsel on the website or recourse to the rights and receivables/swap.
4.43. All consultants working within OnLifEm start to serve after sharing their diplomas and resumes with OnLifEm and the accuracy of the documents is examined and confirmed by the system. The accuracy of the information or statements specified in the profile created by the consultant on the website is assumed by the consultant; the company has no responsibility for this information.
4.44. The consultant is responsible for all kinds of permits, approvals, control documents, licenses and similar documents that he must provide in accordance with the applicable legislation regarding the session service, any administrative, legal and criminal liability that may arise otherwise belongs to the consultant. Company’s and 3rd person’s liability for damages suffered and / or incurred for this reason, is the obligation of the consultant to compensate for any damages, and OnLifEm has no responsibility for such damages.
4.45. The consultant is obliged to keep any information about the client with absolute confidentiality. However, without the consent/approval of the client, the consultant may share this information in the event of a danger to the life of himself or someone else, or in cases requiring legal necessity, such as a Court decision.
4.46. Consultants are legally and criminally responsible for the content they have uploaded to the website in accordance with Dutch law. The fact that the content has been published by the company does not eliminate the responsibilities of the consultants.
4.47. OnLifEm is not responsible for any situations that are not in the hands and/or jurisdiction of the company, such as mandatory cancellation of the session service on duly agreed terms or based on force majeure; mandatory cancellation of the request due to the fact that the session service request cannot be forwarded to the relevant consultant for technical reasons; failure of the consultant to perform the session service.
4.48. OnLifEm provides an appointment system that provides for the referral of a consultant in the form of a one-time or package session at a standard tariff that is appropriate on the days and times determined by the consultant requesting the relevant single or package session for the session service requested via the website.
4.50. The recommendations that consultants within OnLifEm may have given regarding the treatment, institution and other consultants cannot be considered as recommended and approved by OnLifEm. OnLifEm will not be liable under any circumstances for damages and losses that will occur in accordance with the information provided by the consultants or their recommendations.
4.51. The Company may temporarily suspend or completely stop access to the website and the operation of the systems or systems located there.
4.52. The company or the payment institution with which it cooperates are responsible for transactions that cause security doubts and/or for technical reasons the relevant client may temporarily suspend or completely stop the possibility of making online payments by credit card. Therefore, the company has no responsibility to the clients or third party.
4.53. The company or the payment institution it cooperates with has the right to question the limit adequacy of the card, which is the subject of the online payment system, before approving the relevant service request within the scope of the session service reservation system.
4.55. The company can inform its customers about promotions, new services and projects, or news by e-mail. If users do not want to receive such e-mails, they can stop receiving such notifications by giving a written notification to [firstname.lastname@example.org] or through the commercial communication channel that reaches them.
4.56. The Company reserves the right to temporarily or permanently change or terminate the website (or part of it) at any time, with or without prior notice.
4.57. In order to protect the integrity of the website, the company may at any time, on its own initiative, prevent some users from accessing the website.
4.58. The Company reserves the right to make some or all of the services offered and/or to be offered through the website in the future, paid or free of charge. The pricing and commission policy of some services may vary from time to time depending on the number, intensity or quantity of services purchased or provided.
4.59. The Company may use SMS, e-mail or other technical means to verify clients' e-mail addresses, mobile phone numbers and other information.
4.60. The company may prevent users from using the website and access membership rights, suspend the consultant profile, and temporarily stop use if it is determined that users violate this agreement or to the extent required by the situation, without having to give any reason.
4.61. In accordance with the legal regulation, the Company has switched to e-invoice and e-archive invoice applications. The e-archive invoices of clients and consultants who are not e-invoice users will be created and stored electronically. Notifications about invoices created electronically will be sent to the e-mail addresses of the users within 7 days at the latest and the invoices will be sent via e-mail in PDF format. Invoices created electronically can be used as legal documents before all official authorities and authorities.
4.62. Users are completely responsible for the relations between each other.
4.63. When users communicate with each other or with company employees, cannot use racist, hate speech against any group or person, contrary to personal rights, insulting, harassing or defending harassment, praising illegal activities, creating unfair competition, threatening, obscene, defamatory and slanderous content. Otherwise, the rights of clients, consultants or users will be terminated and, if necessary, may require reporting the situation to official authorities.
4.64. Users do not receive or provide services for themselves or anyone else, they cannot write favorable or unfavorable comments, cannot write content about other consultants in a way that creates unfair competition.
4.65. To the extent permitted by law under applicable law, the company does not warrant that the website will be error-free, uninterrupted or secure, or that the use of any content, search or link on the website will provide specific results and the company cannot guarantee that any file downloaded from the website will be free of viruses or other dirty or destructive features.
4.66. The company is not responsible for the acts, omissions and behaviors of any third party, website users, advertisers and/or sponsors regarding the website and its use, as far as legally permitted under the applicable laws.
4.67. The company is not responsible for any data loss resulting from the website operation or the implementation of its terms.
4.68. The company takes reasonable precautions for protection. However, it does not accept responsibility for the consequences that may arise in the event that user information is captured by malicious persons as a result of attacks on its own computer network and the existing database information on this network, and in case of malicious use of these.
4.69. The Company does not accept any responsibility for any direct or indirect, material or moral damages, such as but not limited to bodily harm, emotional discomfort, arising as a result of the behavior of third parties regarding the use of the website.
4.70. The visual and written content presented on the Website is for corporate use. Company, all domain name, logo, graphic, sound, icon, design, text, image, html code, other codes, demonstrative, written, electronic, graphic or machine-readable technical data in the website content, applied sales system, business method and all materials (“Materials”), including the business model, and the intellectual and industrial property rights related thereto, and are under legal protection. Unless otherwise stated, it cannot be used for commercial or personal purposes without permission or reference. It is forbidden for users to publish any item on this site in any other medium or website, with the exception of their own picture and portfolio.
4.71. The right of the software used in the design of these pages and the creation of the database belongs to the company. It is strictly forbidden to copy or use the aforementioned software and to reverse engineer the software and technologies used.
4.73. The ideas, advice, explanations, reviews, comments, evaluations or other information or content published on and through the Website belong to the authors of the relevant content. The authors in question are solely responsible for the aforementioned content. The Company does not (i) guarantee the accuracy, completeness or usefulness of any information on the website, or (ii) accept, endorse or accept responsibility for the accuracy or reliability of the website and any ideas, advice or explanations given by any person on it.
4.74. The website may contain links or references to other websites that are not under the control of the company. The company is not responsible for the content of these sites or any other links they contain.
4.75. OnLifEm is not responsible for the problems that may arise between the counselees and the counsellors or any damage that may occur due to the sharing of personal data such as the name, address, e-mail and phone number of the counselee registered in the website system with the counselors for the creation of the session service request or the provision of the relevant service. The counselee and the consultant have consented to the processing of their personal data for the marketing and performance of the services under this contract and to share them in accordance with the purposes in this contract.
4.76. The information of the Client receiving the Session Service is shared by the Company with the consultant for the provision and performance of the session service. With this information sharing, it is aimed to provide the session service without any problems. The company is not responsible for the use of such information for advertising, marketing, personal etc. for any situation or purpose, sharing it with third parties or transferring it, or any problems that may arise between the client and the consultant, or any damage that may occur, unless the consultant's approval of the client receiving service is obtained
4.78. User information, offers, comments/evaluations etc. registered in the Website system. stored for at least three (3) years. In case of disputes that may arise from this contract, the confidentiality obligations in the Confidentiality Agreement remain valid after the end of the treatment. Legal consequences will be accepted if this statement is not complied with in accordance with Dutch law.
4.79. The user, who caused the relevant damage, is responsible for all kinds of damages to be incurred by the company and third parties as a result of the users acting in violation of the provisions of this Agreement. If the Company determines that the contract has been violated, it may terminate this contract unilaterally, without prejudice to its claims arising from this contract.
4.80. The parties may terminate this agreement at any time. At the time of termination of the contract, the rights of the parties to each other remain unaffected.
4.81. This agreement will remain in effect as long as the website continues to be used and a new agreement is not presented to the users by the company.
4.82. This Agreement is governed by Dutch law.
4.83. Dutch laws and current legislation will be applied in the resolution of any disputes that may arise during the implementation of this contract, and Amsterdam Courts and Enforcement Offices are authorized.
5. Prohibition of Competition
5.1. With this contract, the consultant will not communicate with the clients by deactivating the company during the contract period and after the expiry of the contract, will not carry out the online psychotherapy activity on his own behalf by disabling the company, shall not be involved in any commercial activity for which online psychotherapy mediation services are offered, with or without using the client portfolio provided by the company through its own account and/or third parties and irrevocably undertakes that it will not profit from the conduct of such activity and that it will refrain from engaging in any other form of interest relationship with any competing business. If the consultant determines that he has violated the provision of this article in any way, the company has the authority to suspend or close his profile on the website. The Consultant irrevocably accepts and undertakes to pay a penalty clause of 100.000 Euros, without prejudice to the rights of the company regarding the excess of the loss incurred due to this violation, in case the Consultant violates the provisions of this article during and/or after the termination of the contract.
5.2. Session Service fee can only be made via credit card through the online payment institutions contracted by the company through the website.
The Company does not accept any payments made directly to the consultant in cash or by any other means, in any way disabled. Counselors are not authorized to collect the cost of the session service from the clients. The session service fee has been paid directly to the consultant and/or the company; the company has no responsibility for online psychotherapy services that are disabled by the counselor or the client. The fact that the counselor has received payment from the client in return for the online psychotherapy service arranged in this way is not considered to have been received in return for the services provided by the company and with the knowledge of the company.
5.3. The client who receives the session service agrees to collect the relevant service amount from the credit card, and to inform the company in case of a change in the previously shared credit card information.
5.4. In the event that the fee for the session service cannot be collected from the card, whose information is given by the client regarding the payment of the session services that are canceled or changed without complying with the cancellation and change conditions stated above, and the session services that are performed, a new session service cannot be requested by the relevant client before the said fee is collected.
5.5. The client who receives the Session Service accepts that the company has the authority to store the credit card information by the contracted payment institutions and share it with the system operators, to the extent allowed under the legislation. The Company is not responsible for any malfunctions that may occur in the contracted payment institution system.
5.6. In cases based on interpretation, the company's practices are taken as a basis.
Last Updated: 01.01.2022