Terms and Conditions

MYTHERAPIST. NG TERMS AND CONITIONSs 

This terms and conditions are legally binding and applies to you, the User of the App MYTHERAPIST. NG (including any sub-domains, unless expressly excluded by their own terms  and conditions) regarding your access to and use of https://mytheapist.ng/ as well as any other  media, website, form or channel or any mobile application linked or otherwise related thereto (the  ‘Site’) 

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY as they affect your legal right 1.DEFINITIONS 

“Parties” means both the patients(you) and the therapist and the owner of the Service  MyThetrapist.ng 

“Third party” means other users of the App other than Patients and therapist 

“Content” means any content, writing, images, audiovisual content or other information published  on this App 

“Materials” means any materials, information or documentation that we may provide to you in  connection with your use of the services including documentation, data, information developed  and other materials which may assist in your use of the App 

“Terms” means these terms and conditions of this agreement 

“Service” means the application, which is known as MyTherapist.ng including all pages,  subpages, all blogs, forums and other connected internet whatsoever. 

“Product” All services offered on the Application. 

“force Majeures” Any event that might hinder the performance of our obligation under this terms  and conditions 

You agree that by using the App, you have read and understood these Terms of Use and thereby  you have agreed to be bound by all the terms contained herein. You are expressly prohibited from  accessing and using the App and must discontinue use if you do not agree with any of these Terms. 

The responsibility of staying informed to periodical review and update of these Terms lies with  you, the user. You will be deemed to have been made aware of such update and will be subject to  the changes in any revised term(s) by your continued use of the App after the date of the review  has been posted. 

Information provided on the App is not intended for use by any person or entity in any jurisdiction  where the use or distribution would be contrary to laws and/or regulations of such jurisdiction.  Persons who choose to access the App from other locations do so on their own initiative and are  solely liable for any compliance with the local laws, if local laws are applicable. 

This App is intended for users who are 18 years and above. Persons under the age of 18 are hereby  prohibited from accessing and using the App.

  1. ABOUT THE APPLICATION 

MyTherapist.ng is an Indigenous(Nigeria) mental health care startup that provides easy access to  therapists who can offer support and resources on mental health issues and topics. Users get  connected to vetted therapists who are well experience and with the vast knowledge to assist them  solve mental health challenges and maintaining healthy mental living. The App will also serve as  a platform for mental health awareness, and also for access on general health related materials  and resources for their emotional needs in Nigeria. The App will also offer an opportunity for  licensed Therapist to meet prospective patients, have therapy sessions online on health challenges  and get paid. The featured therapist will have various price point that users can select from and  leave rating based on performance. On the APP, Users can also access mental tools that they can  also use in improving their mental health care and cultivate healthier mental health habits. This  service is offered to you upon your acceptance of the Terms and Conditions, notices hereinafter  contained. Your use of this service hereby constitutes your agreement to all the terms and  conditions as contained herein. 

  1. AGREEMENT 
  2. By using this App, you acknowledge that you have reviewed, considered the terms of this  Agreement and understand same and agree to be bound by it. If you do not agree with these  Terms or do not intend to be bound by it, you must quit the use of the App immediately. In  addition, when using these services, you shall be subject to any posted guidelines or rules  applicable to such services. Accordingly, any participation in this service shall constitute  acceptance to this Agreement. 
  3. By using this Application and agreeing to these Terms, you represent and warrant that you  have the legal Capacity to accept these Terms. 
  4. PRODUCTS AND SERVICE 
  5. Our services include connecting the user to vetted verified and licensed therapist with  various price point for their mental health care 
  6. MyTherapist.ng provide our users with the resources for their emotional needs through  our mobile App 
  7. MyTherapist.ng also provide users the variety of choices on our services and also an  opportunity to rate their sessions with the therapist. 
  8. MyTherapist.ng also provide mental health tools which our users can use in improving  their mental health care. Some of such tools include: 

∙ Mobile journal to help users track their progress and growth, find inspiration and  strengthen their consciousness one entry at a time 

∙ Breathing exercises to Reduce Anxiety, improve the quality of their sleep and mood 

∙ Meditation to increase their focus, find emotional balance and experienced more  tranquility

∙ Personality Tests to improve their self-awareness and have a better understanding of  their tendencies. 

  1. REGISTRATION AND USE 

Registration on the App is both free for users and therapist, however registration for any  therapist will be upon meeting all necessary, verified and required licenses and documentations 

  1. a) You shall ensure that the Registration data provided by you is accurate, current,  complete, valid and true an is updated from time to time. We shall bear no liability for  false, incomplete, old or incorrect registrations provided by you 
  2. b) You shall have the sole responsibility of securing your Registration Data (login details) and will be liable for all activities and transactions that occur through the use of your  account whether initiated by you or any third party 
  3. c) You should also check to ensure that you download the correct and updated version of  the App for your device  
  4. d) We allow you to download the App and to open an account with your accurate data  provided by you. In case of any unauthorized use of your account please immediately  take all appropriate steps to block your account or inform us at hi@mytherapist.ng and  make a written request for blocking your account. We will not be liable for any  unauthorized transactions made through your Account prior to the expiry of 72(seventy 

two) hours after you made a request for blocking your account and shall not be liable in  case of any force majeure Events. 

  1. REFUND POLICY 
  2. a) No refund is provided once a session has been booked and paid for. 
  3. b) Sessions are rescheduled only within 72 hours after any cancellation, refund can only  be made when the therapist did not show up for the session, and within 72 hours after  any reschedule and this is automatically tracked and processed by the App 
  4. ACCEPTABLE USE 
  5. MyTherapist.ng may provide you with other items in connection with your use of this service. 
  6. MyTherapist.ng hereby grant you the license to use our service for personal, non-commercial  use to retrieve, display and view the content on a mobile phone. 
  7. the license created under these Terms is limited, non-exclusive, non-transferable and revocable. 
  8. you agree that you will not use the content or materials for any other purpose which may be  contrary to your license to use the service. 
  9. any unauthorized use by You shall terminate the permission or license granted by this  Application.
  10. 8. PROHIBITED USE 
  11. you agree not to use the service in the following manner: 

(i). To harass, abuse or threaten others or otherwise violates any person’s legal rights (ii) To perpetrate fraud; 

(iii) To post, transmit or cause to be posted or transmitted, any communication or solicitation  designed to obtain password, account, or private information of other users or persons 

(iv) To create or transmit unnecessary spam to any person or URL; 

(v) To use robot, spider, scraper or other automated means to access this service without obtaining  the prior consent of MyTherapist.ng; 

(vi) To use this service in any way that impacts users access to the Application; (vii) Disseminating mobile viruses or other software 

(Viii) Violating any intellectual property rights of the owner or any third party; (xi) To use the App or any other of the services for illegal spam activities. 

Any use of this services contrary to this terms and conditions or in a way that causes or may cause  harm to this App, Users or any business entity. We reserve the right to terminate your use of the  service. 

  1. BOOKING SESSIONS 
  2. a) MyTherapist.ng will try to ensure a confirmed on-time appointment for End-user who  requested for an appointment/session on the App, MyTherapist.ng does not guarantee that  a patient will get a confirmed appointment. Further, MyTherapist.ng shall not be liable if  such appointment is confirmed but later cancelled by the therapist, or the therapist is not  available as per the given appointment time over text, video, audio or in-person 
  3. b) You understand and agree that any interaction with a therapist during any session(s) is  strictly between you and the therapist. You shall not hold MyTherapist.ng liable and  responsible for any interaction during such sessions. MyTherapist.ng is merely a facilitator  of the sessions with the therapist through the App and hence is not responsible for any  outcome between you and the therapist you interact with. The result of any search you  perform on the App for any therapist should not be construed as an endorsement by  MyTherapist.ng. MyTherapist.ng will not be responsible for any breach of service or  service deficiency by the therapist. MyTherapist.ng cannot guarantee the ability or intent  of the therapist to fulfil their obligations toward you, although we will take complete  measures to ensure your satisfaction with the therapist. MyTherapist.ng also advices you  to perform your own investigation prior to selecting a therapist. 

Without prejudice to the generality of the above, MyTherapist.ng will also not be responsible for: 

  1. Any wrong medication or treatment quality being given by the therapist, or any medical  negligence on the part of the therapist
  2. Any medical eventualities that might occur subsequent to using the service of a therapist,  whom the user has selected on the basis of the information available on the App or with  whom the user has booked an appointment through the App 

III. Any error in the medical reports provided by the associated bodies/therapist/service  providers 

Further, MyTherapist.ng shall not be liable, under any event, for any comments or feedback given  by any user in relation to the service provided by any therapist. The option of users to give feedback  may be modified or withdrawn by MyTherapist.ng if such feedback violates the legal right of any  therapist. MyTherapist.ng may moderate such feedback anytime, and shall not be obliged to act in  any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a  therapist from the App 

MyTherapist.ng collects, directly or indirectly, and displays on the App, relevant information  regarding the profile and mode of practice of the therapist on the App, such as their specialization,  qualifications, fees, location, visiting hours, and similar details. MyTherapist.ng takes efforts to  ensure that such information is updated at frequent intervals. Although MyTherapist.ng screens  and vets the information submitted by the therapist, MyTherapist.ng cannot be held liable for any  inaccuracies or incompleteness represented from it, despite such reasonable efforts. 

  1. INTELLECTUAL PROPERTY OWNERSHIP 
  2. You agree that we retain ownership of all content included on the App (text, graphics, videos,  software, data, page layout, images, and any other information capable of being stored in a phone,  computer) 
  3. You are granted a limited license only, subject to the restrictions provided in this Terms and  condition. Nothing on this App shall be construed as granting any license or right to use any  trademark or Logo displayed on the App without obtaining the prior written consent of  MyTherapist.ng. mental healthcare solutions limited. 
  4. You hereby agree not to reproduce or distribute the Owner’s intellectual property or use the  intellectual property for any unlawful purpose 
  5. 11. FEES AND COMMISSION 
  6. a) Therapist are allowed to charge their individual fees for any sessions with a therapist 
  7. b) All payments for sessions are made to MyTherapist.ng according to the amount set out by the  therapist for any booked session 
  8. c) MyTherapist.ng will charge 10-15% as commission for any therapy session held by a therapist based on the charge set out by the therapist. 

d)At the end of the month the total accumulated earnings of each therapist will be calculated and  sent to the therapist 

  1. 12. PRIVACY POLICY 

In the process of using this App, the Privacy Policy as set out in the App MyTherapist.ng shall  be applicable

  1. ELECTRONIC COMMUNICATIONS 

You consent to receive electronic communication and you agree that all agreement, notices,  disclosures and other communications we provide to you electronically, via mail and on this App  satisfy any legal requirements that communications must be in writing 

  1. 14. REVERSE ENGINEERING AND SECURITY 

You hereby agree as follows: 

  1. Not to reverse engineer or permit the reverse engineering or dissemble any code or  software from or on the App or service: and 
  2. Not to violate the security of the App or other service through any unauthorized access,  circumvention of encryption or other security tools, data mining or interference with any  host or User or network. 
  3. FORCE MAJEURE 
  4. a) If either Party to this Agreement is prevented or delayed in the performance of any of their  respective obligations under this Agreement by “force majeure”, then such Party shall be  excused from the performance for so long as such cause of prevention or delay shall continue.  b) For the purpose of this Agreement, “force majeure” shall be deemed to be any cause  affecting the performance of this Agreement arising from or attributable to acts, events,  omissions or accidents beyond the reasonable control of such party and includes, but is not  limited to, the following:  
  5. c) strikes, lockouts or other industrial action;  
  6. d) civil commotion, riot, invasion, war threat or preparation for war;  
  7. f) fire, explosion, flood, earthquake, subsidence, epidemic, severe weather or other natural  physical disaster;  
  8. g) political interference with normal operations. 
  9. INDEMNIFICATION 

You agree to indemnify, defend and hold us harmless including our affiliates, subsidiaries and all  of our respective agents, officers, partners and employees, from and against any loss, damage,  claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due  to or arising out of: your use of the App, your Contribution, any breach of your warranties and  representation in these Terms of Use, breach of Terms of Use, violation of third party intellectual  property rights, and/or any harmful act towards any other user of the App who you connected with  through your use of the App. 

Notwithstanding the foregoing, at your expense, we reserve the right to assume the exclusive  control and defense of any matter for which you are required to indemnify us and you agree to  cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to  notify you of any such action, claim or proceeding which is subject to this indemnification upon  becoming aware of it.

  1. NO WARRANTIES 

You agree that you use this App solely at your risk as MyTherapist.ng does not warrant the  accuracy of the contents in this App. You assume all the risk of viewing, reading, or sessions with  therapist etc.  

MyTherapist.ng disclaims all express and implied warranties such as implied warranty of  merchantability as MyTherapist.ng makes no warranties that the Application or other services will  be accurate, error free, secure or uninterrupted. 

MyTherapist.ng makes no warranty about the suitability, reliability, availability, timeliness and  accuracy of the information, contents, services, material, tools contained in for any purpose.  MyTherapist.ng hereby disclaims all warranties and conditions with regards to the information,  software, materials, related graphics and tools, including all implied warranties or conditions of  merchantability, fitness for particular purpose, title, and non-infringement. 

You also agree that the owner and its affiliates shall not be liable for any direct, indirect, punitive  and all consequential damages or any damages whatsoever including, but not limited to damages  for loss of use, data or profits, the failure to provide service or for any information, software,  services, related graphics, tools and materials obtained through this App, or otherwise arising out  of the use of this app, whether based on contract, negligence, strict liability, or otherwise. 

  1. 19. REVIEW AND MODIFICATIONS 

Kindly, be informed that this Terms and Conditions may be changed or modified periodically, as  determined by the laws and other contingency factors. We therefore, encourage you to read  through the updated versions thoroughly before submitting any information. 

Mytherapist.ng may at its sole discretion from time to time, change or modify this Terms and use  of this App to accommodate regulatory requirements, industry practices, new technologies or  other modification it deems relevant and necessary. Any change or modification will be effective  when the notice is uploaded on our Platform. 

Notice of the altered, modified and/or updated terms and use shall remain on our Platform on  the App for a period of 7 days from the publication date, after which it shall be taken down. By  the continued use of our App, you understand and agree to be bound by the terms and use of this  App. 

Users would be given ample time to read through the altered, modified and/or updated terms and  use and can contact us with queries or questions regarding any such reviews and modifications. 

  1. 20. COPYRIGHT INFRINGEMENTS 

We respect the intellectual property right of our users as well as others. Therefore, if you believe  that there are materials available on the App that infringes any copyright you own, immediately  notify us by contacting our Contact Desk of such infringement. A copy of this Notice will be sent  to the person or User who stored or posted the material addressed in the Notice. 

It should be noted that pursuant to Federal Law you may be held liable for damages if you make  material misrepresentations in the Notice. Therefore, if you are not sure that the material is linked  or located on the App infringes your copyright, you should consider seeking legal counsel. 

  1. 21. DISPUTE RESOLUTION 

The parties shall attempt to resolve any dispute arising out of or relating to this contract through  negotiations between senior executives of the parties, who have authority to settle the same.  

If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to  negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed  Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR  procedure as recommended to the parties by the President or the Vice President, for the time being,  of the Chartered Institute of Arbitrator. 

If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that  procedure, or if any party will not participate in an ADR procedure, the dispute may be referred  to arbitration by any party. The seat of the arbitration shall be Nigeria. The arbitration shall be  governed by both the Arbitration and Conciliation Act 1988 and Rules as agreed between the  parties. Should the parties be unable to agree on an arbitrator or arbitrator or be unable to agree  on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to  the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for  the appointment of an Arbitrator and for any decision on rules that may be necessary. 

Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a  court for interim injunctive relief. 

  1. 22. GENERAL PROVISIONS 
  2. Assignment: The Owner(MyTherapist.ng) shall be permitted to assign, transfers its rights  and/ or obligations under these Terms. However, you shall not be permitted to assign,  transfer any rights and/ or obligations under these Terms.  
  3. Entire Agreement: These Terms, disclaimers and any other agreement relating to the use  of this Application constitutes the entire agreement and shall supersede any other  agreement. 
  4. Separate Agreements: You may have other legal agreements with us. These Terms are not  intended to alter, amend, revise or replace the terms of the other agreement. 
  5. Applicable Law: These Terms may be governed and construed in accordance with the  Laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, or  regulations which is applicable in Nigeria.