Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Psykee Platform, you agree to comply with and be bound by these Terms of Service.
In the case of a medical emergency, please do not use the Psykee Platform and please call 911 immediately or visit your nearest emergency room.
In the case of suicidal ideation, or actions to create harm to others, you need to call 911 immediately. Psykee does provide an action button to connect you with the national suicide prevention hotline in the time of crisis.
Last updated: January 14, 2019
Thank you for using Psykee!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Psykee (as defined below) governing your access to and use of the Psykee website, including any subdomains thereof, and any other websites through which Psykee makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Psykee Services"). The Site, Application and Psykee Services together are hereinafter collectively referred to as the “Psykee Platform”.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
Please note we offer the Services “AS IS” and without warranties. In the event which you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
1. Scope of Psykee Services
1.1 The Psykee platform provides a marketplace where persons who seek to schedule and pay for appointments (“Clients”) with licensed psychologists, therapists and counselors with persons who are available (“Provider Partners”) to be scheduled for appointments. Clients and Provider Partners are collectively referred to herein as “Users,” and each User should create a User account to access the Psykee platform.
1.2 As the provider of the Psykee Platform, Psykee does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Appointments or Provider Partner Services. Provider Partners alone are responsible for their Appointments and Provider Partner Services. When Users make or accept a booking, they are entering into a contract directly with each other. Psykee is not and does not become a party to or other participant in any contractual relationship between Users, nor is Psykee a healthcare insurer. Psykee is not acting as an agent in any capacity for any User, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Psykee has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Appointments or Provider Partner Services, (ii) the truth or accuracy of any Appointment descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Psykee does not endorse any User, Appointment or Provider Partner Services. Any references to a user being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Psykee about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book an Appointment or use other Provider Partner Services, accept a appointment booking request from a Client, or communicate and interact with other Users, whether online or in person.
1.4 If you choose to use the Psykee Platform as a Provider Partner, your relationship with Psykee is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Psykee for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Psykee. Psykee does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Provider Partner Services. You acknowledge and agree that you have complete discretion whether to list Provider Partner Services or otherwise engage in other business or employment activities.
1.5 Due to the nature of the Internet, Psykee cannot guarantee the continuous and uninterrupted availability and accessibility of the Psykee Platform. Psykee may restrict the availability of the Psykee Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Psykee Platform. Psykee may improve, enhance and modify the Psykee Platform and introduce new Psykee Services from time to time.
2. Eligibility, Using the Psykee Platform & User Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Psykee Platform or register an Psykee Account. By accessing or using the Psykee Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Psykee may make access to and use of the Psykee Platform, or certain areas or features of the Psykee Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Psykee Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Psykee Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Psykee Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modifications of these Terms
Psykee reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Psykee Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Psykee Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Psykee Account") to access and use certain features of the Psykee Platform, such as publishing or booking an Appointment. If you are registering an Psykee Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Psykee Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Psykee Account and your SNS Account at any time, by accessing the "Settings" section of the Psykee Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Psykee Account and public Psykee Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Psykee Account unless Psykee authorizes you to do so. You may not assign or otherwise transfer your Psykee Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Psykee Account credentials and may not disclose your credentials to any third party. You must immediately notify Psykee if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Psykee Account. You are liable for any and all activities conducted through your Psykee Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Psykee may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Psykee Account. For example, we may allow eligible Users or certain third parties to book Appointments on behalf of other Users. These features do not require that you share your credentials with any other person. No third party is authorized by Psykee to ask for your credentials, and you shall not request the credentials of another User.
5. Content — We Do Not Provide Medical Advice
5.1 Provider Partners may guide or advise you directly throughout the time using Psykee, but you acknowledge that any content on the site does not constitute nor be considered medical advice. “Content” means content, text, photographs, data, graphics, images, video, audio information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
5.2 While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.
6. Service Fees
6.1 Psykee may charge fees to Provider Partners ("Provider Fees") and/or Clients ("Client Fees") (collectively, "Service Fees") in consideration for the use of the Psykee Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Provider Partner or Client prior to publishing an Appointment. Psykee reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Psykee. The applicable Service Fees (including any applicable Taxes) are collected by Psykee . Psykee will deduct any Provider Fees from the Service Fee before remitting the payout to the Provider Partner. Any Client Fees are included in the Total Fees collected by Psykee. Except as otherwise provided on the Psykee Platform, Service Fees are non-refundable.
7. Terms specific for Provider Partners
7.1 Terms applicable to all Appointment Times
7.1.1 When creating a Time Slot through the Psykee Platform you must (i) provide complete and accurate information about your Provider Service (such as professional description, treatment modalities, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age or proficiency) and (iii) provide any other pertinent information requested by Psykee. You are responsible for keeping your Time Slot information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Time (“Time Fee”). Once a Client requests a booking of your Time, you may not request that the Client pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Time, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Time.
7.1.4 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Provider Service(s) to the Client as described in your Service when the appointment request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes.
7.1.5 Psykee recommends that Providers obtain appropriate insurance for their Provider Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client has booked for, if applicable) during your Appointment.
8. Terms specific for Clients
8.1 Subject to meeting any requirements (such as completing any verification processes) set by Psykee and/or the Provider Partner, you can book an appointment available on the Psykee Platform by following the respective booking process. All applicable fees, including the Provider Fee, Security Deposit (if applicable), Client Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking an Appointment. You agree to pay the Total Fees for any appointment requested in connection with your Psykee Account.
8.1.2 Upon receipt of a booking confirmation from Psykee, a legally binding agreement is formed between you and your Provider Partner, subject to any additional terms and conditions of the Provider Partner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Appointment. Psykee Payments will collect the Total Fees at the time of the booking request or upon the Provider Partners’s confirmation pursuant to the Payments Terms. For certain appointments, Clients may be required to pay or have the option to pay in multiple installments.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Provider Partners and Clients are responsible for any modifications to a booking that they make via the Psykee Platform or direct Psykee customer service to make ("Booking Modifications"), and agree to pay any additional Service Fees, Provider Fees or Client Fees and/or Taxes associated with such Booking Modifications.
9.2 Clients can cancel a confirmed booking at any time pursuant to the Appointment’s cancellation policy, and refund will be made to the amount of the Total Fees due to the Client in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Provider Partner under the applicable cancellation policy will be remitted to the Provider Partner by Psykee pursuant to the Payments Terms.
9.3 If a Provider Partner cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Psykee may allow the Client to apply the refund to a new appointment, in which case Psykee Payments will credit the amount against the Client’s subsequent booking at the Client’s direction. Further, Psykee may publish an automated review on the Appointment cancelled by the Provider Partner indicating that an appointment was cancelled. In addition, Psykee may (i) keep the calendar for the Appointment unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Provider Partner has a valid reason for cancelling the booking pursuant to Pskee Extenuating Circumstances Policy or has legitimate concerns about the Client’s behavior.
9.4 If inclement weather creates an unsafe or uncomfortable scenario for Clients or Provider Partners, they both may modify or cancel the Service. If there is a substantial change in the itinerary or the Provider Partner’s Service needs to be cancelled, Psykee will work with the Provider Partner and/or Clients to provide Clients an alternative date for the Provider Partner’s Service, an appropriate refund or a new appointment.
9.5 In certain circumstances, Psykee may decide, in its sole discretion, that it is necessary to cancel a confirmed appointment and make appropriate refund and payout decisions. This may be for reasons set forth in Psykee’s Extenuating Circumstances Policy or (i) where Psykee believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Psykee, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Client suffers a Travel Issue pursuant to the Client Refund Policy, Psykee may determine, in its sole discretion, to refund the Client part or all of the Total Fees in accordance with the Client Refund Policy.
9.7 If, as a Provider Partner, your Client cancels a confirmed booking or Psykee decides that it is necessary to cancel a confirmed booking, and Psykee issues a refund to the Client in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Psykee Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Users may use the Resolution Center to send or request money for refunds or additional Provider Services related to appointments. You agree to pay all amounts sent through the Resolution Center in connection with your Psykee Account, and Psykee Payments will handle all such payments.
10.1 As a Provider Partner you are solely responsible for determining your obligations to report, collect, remit or include in your Provider Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
10.2 Tax regulations may require us to collect appropriate Tax information from Provider Partner, or to withhold Taxes from payouts to Provider Partners, or both. If a Provider Partner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
10.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Clients or Provider Partners on Service Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Service Fees set by Psykee, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
10.4 In certain jurisdictions, Psykee may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Clients or Psykee, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Psykee or Provider Partners have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Psykee (via Psykee Payments) to collect Occupancy Taxes from Clients on the Provider Partner’s behalf at the time Service Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Psykee will be visible to and separately stated to both Clients and Psykee on their respective transaction documents. Where Psykee is facilitating Collection and Remittance, Psykee are not permitted to collect any Occupancy Taxes being collected by Psykee relating to their Accommodations in that jurisdiction.
10.5 You agree that any claim or cause of action relating to Psykee’ facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Psykee in connection with facilitation of Collection and Remittance, if any. Clients and Provider Partners agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Psykee from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
10.6 Psykee reserves the right, with prior notice to Provider Partners, to cease the Collection and Remittance in any jurisdiction for any reason at which point Provider Partner and Clients are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.