‘The Practitioner’ refers to any person submitting registration information to The Site.
By submitting any content to this directory, The Practitioner grants The Site and The Provider a license to distribute that content worldwide in any form, without royalty or compensation of any kind. The Practitioner warrants that neither the posting nor any further publication by The Provider of that content infringes on the legal rights of others, including intellectual property rights.
The Practitioner grants The Provider this license irrespective of whether material contributed by The Practitioner is accepted by The Provider for publication on The Site. Material will be accepted at the sole discretion of The Provider.
The Practitioner agrees not to register for The Site unless they are members of one or more professional organisations with an ethical framework and a complaints procedure, such as the ACA or PACFA. The Practitioner agrees to inform The Provider immediately should their membership in such an organisation be withdrawn by the organisation or should they be found guilty of professional misconduct or any related offence.
The Practitioner is responsible for maintaining the security of The Practitioner’s assigned individual account, including but not limited to all associated passwords, and The Practitioner is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. The Practitioner must not provide information to The Site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Provider may change or remove any description or content that it considers inappropriate or unlawful. The Practitioner must immediately notify The Provider of any unauthorized uses of The Practitioner’s account or any other breaches of security. The Provider will not be liable for any acts or omissions by The Practitioner, including any damages of any kind incurred as a result of such acts or omissions.
The Practitioner is responsible for maintaining a valid, regularly checked email address as part of their profile so as to enable The Provider to contact them about their service and account. The Practitioner agrees that email will be the sole supported means of contact with The Provider; under no circumstances will communication by telephone be offered.
The Practitioner agrees not to register on this site using an email address provided by Hotmail or any other email service provider known to mis-classify account setup emails as spam, unless The Practitioner assumes full responsibility for whitelisting all relevant domains to ensure that The Provider’s emails will not be discarded by their email service provider. The Practitioner agrees that The Provider will not provide technical support to help The Practitioner configure their own email service.
Paid Services, Refunds and Termination
By registering as a mental health practitioner with The Site, The Practitioner agrees to pay The Provider the fees specified at the time of registration as well as fees for any further services which The Practitioner may request. Applicable fees are payable in full prior to the delivery of such services. The Provider reserves the right to change the payment terms and fees for any services for which The Practitioner has not already paid upon notice to The Practitioner by email.
The Provider will happily refund The Practitioner’s subscription fees upon request within 30 days of payment. After 30 days from payment, refunds are at the discretion of The Provider. The Practitioner acknowledges and accepts that with effect from 5 March 2020, PayPal will refuse to refund fees that it deducts in the course of delivering a payment, and that these fees will therefore not be returned to The Practitioner in the event that The Provider initiates a refund; The Practitioner acknowledges and accepts that this policy has been introduced by PayPal and not by The Provider.
The Practitioner agrees that in the event of any complaint regarding their registration with The Site, they will first contact The Provider for a resolution, and they will not raise any claim directly via PayPal or their card issuer prior to allowing The Provider reasonable time to respond. The Provider notes that over many years of operation, 100% of complaints raised with The Provider first have been resolved fully and promptly.
Should The Practitioner raise a claim via PayPal falsely indicating that The Practitioner was not made aware of the subscription basis of The Provider’s services, falsely indicating that The Practitioner did not enter into a subscription agreement with PayPal, falsely indicating that The Provider initiated a charge against The Practitioner’s account, or any combination of the three, The Provider reserves the right to deduct an administration fee of $20 from any potential refund to offset a small portion of the significant costs associated with handling the PayPal complaint process, and The Provider reserves the right to pass The Practitioner’s details to third-party fraud prevention agencies and credit monitoring agencies. (For the avoidance of doubt, The Provider notes that this specific provision of this document exists in recognition of the fact that a tiny minority of Practitioners lose track of their subscriptions and then blame The Provider, occasionally going so far as to make a false claim via PayPal — or, even more egregiously, via their card issuer — rather than simply contacting The Provider for a prompt and courteous resolution.)
The Provider may terminate The Practitioner’s access to all or any part of The Site at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, The Provider will use commercially reasonable best efforts to maintain and support the operation of The Site as a going concern and to maintain public access to the information it contains for the full duration of paid services.
The Provider can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event will The Provider, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Provider under this agreement during the 30 day period prior to the cause of action. The Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The Site is provided “as is”, without warranty of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-violation or non-infringement of rights. At its sole discretion, The Provider may elect to offer technical support by email in connection with The Practitioner’s use of The Site, but The Provider is not obligated to do so.
This Agreement constitutes the entire agreement between The Provider and The Practitioner concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Provider, or by the posting by The Provider of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of The Site will be governed by the laws of England and Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of England and Wales. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Practitioner may not assign The Practitioner’s rights under this Agreement to any third party; The Provider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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