KONSULT.EXPERT IS A SOFTWARE COMPANY THAT BUILT A PLATFORM TO OFFER ITS CLIENTS THE ABILITY TO MATCH THEIR CONCERNS AND ISSUES TO THE BEST SUITED LICENSED THERAPIST WITH THE PROPER SKILL SET AND BACKGROUND AND ALLOW FOR COMMUNICATION WITH THAT THERAPIST USING MOBILE DEVICES AND OTHER DIGITAL MEANS. KONSULT.EXPERT DOES NOT OFFER THERAPY SERVICES DIRECTLY TO CLIENTS.
DISCLAIMER OF MEDICAL LIABILITY
THE PLATFORM IS NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
Konsult.Expert does not employ the Therapists matched through this site. Therapists act as INDEPENDENT CONTRACTORS to Konsult.Expert. Konsult.Expert carefully screens Therapist applicants using licensed experts in the Therapy field and insists on evidence of the applicant's credentials. The Therapists are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Therapist. While the site will help Client match with a Therapist and will help Client find a new Therapist if the match is unsuccessful, the Site makes no representation or warranty whatsoever as to whether you will find the Therapy Services relevant, useful, correct, satisfactory or suitable to your needs.
ALL KONSULT.EXPERT THERAPISTS PRACTICE INFORMED CONSENT. CLIENT WILL BE MATCHED TO A THERAPIST IN YOUR STATE OF RESIDENCE AS CLIENT HAS CONFIRMED IT. THE THERAPIST WILL CONFIRM TO YOU THEIR STATE OF LICENSURE AND LOCATION AND THE RISKS AND BENEFITS OF USING REMOTE DIGITAL DEVICES FOR THERAPY SERVICES. BY USING THE SERVICES OF KONSULT.EXPERT, YOU ARE AGREEING THAT ANY REMOTE SESSION CONDUCTED IS LEGALLY TAKING PLACE IN THE SITE OF LOCATION OF THE THERAPIST AS SUCH STATE IS CONFIRMED TO YOU.
While Konsult.Expert does research and verify certain documents of the Therapists using the site, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Therapist. Client's relationship relating to the Therapist services is strictly with the Therapist. Konsult.Expert is not involved with the actual substance of that relationship and we do not validate or control any of the Therapist Services. You are advised to exercise a high level of care and caution in the use of the Konsult.Expert. You agree, confirm and acknowledge that you are aware of the fact that in some cases, Konsult.Expert's offered services may not be completely substitute for a face-to-face session by a licensed Therapist. You should never rely on or make health or well-being decisions purely on use of Konsult.Expert. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare Therapist, or by traditional face-to-face appointment; because of information or advice you received through Konsult.Expert.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. KONSULT.EXPERT PROVIDES LINKS AND NUMBERS ON ITS HOME PAGE.
While Konsult.Expert protects and honors your Privacy, Independent Contracting Therapists' practicing through Konsult.Expert retain a "Duty to Warn" as regulated by their State Ethics and License Regulations and Client acknowledges that any solicitation of advice from Konsult.Expert does diminish that duty which may include transmittal of Client's location, IP address or personal identification to proper authorities.
Understanding that such consent may impact privacy protections of Client, Client affirmatively consents that Konsult.Expert's Clinical Oversight Personnel will, as needed, review particular Client "Session Transcripts" or "Rooms" for the following purposes:
- During on boarding of Client and during Therapist matching process to ascertain Client is able to successfully engage with Therapist.
- To review a Client complaint about a particular issue/instance that Client reported about Therapist.
- For Client Safety Concerns or complaints of Unethical Therapist.
- To transition Client to a new Therapist.
- For a quality assurance concern of Client.
The Client acknowledges and consent to fact that Konsult.Expert uses "Meta Data" and other search terms to scan de-identified Client transcripts to search for trends and patterns that may affect the Quality of Service to the Client or the practices of the Konsult.Expert contracted Therapists.
Client affirmatively grants permission to Konsult.Expert to have their matched Independent Therapist periodically provide clinical assessments of Client progress to Konsult.Expert. Client understands that clinical assessments serve to provide information on your mental health and well-being, and that results can be seen by your Therapist to discuss with you.
Client affirmatively consents to the above review of Client's otherwise HIPAA protected communications by Konsult.Expert when the above conditions are present.
All de-identified data, meta-data and research data collected by Konsult.Expert through Client's of Konsult.Expert remains the sole property of Konsult.Expert and its corporate owners. Client has no rights to the ownership, removal or deletion of data on the Platform. All data kept by Konsult.Expert and stored as part of Agreement with Therapist and Client will be securely stored in at least HIPAA level secure storage systems.
Proper Use of the Site
Client agrees that Konsult.Expert and its affiliates shall not be liable to Client or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of Konsult.Expert. In no event will Konsult.Expert or its affiliates be liable to Client or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if Konsult.Expert, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.
Any link (including a hyperlink, button or referral device of any kind) used on Konsult.Expert or on the mobile Konsult.Expert Application is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Konsult.Expert. Konsult.Expert does not endorse the content on any third-party websites. Konsult.Expert is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Konsult.Expert does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Client's use of third-party websites is at Client's own risk and subject to the terms and conditions of use for such websites.
Client Responsible for All Posts and Communication
Neither Konsult.Expert nor its affiliates are under any obligation to respond to messages posted to Konsult.Expert. If Client posts any information or material to Konsult.Expert he is responsible for such information or material and the consequences of his posting. If Client chooses to post material, Client agrees to do so solely for lawful purposes and in compliance with all applicable laws. Konsult.Expert reserves the right to edit or delete any material posted on Konsult.Expert. Konsult.Expert does not endorse any opinions expressed by third parties or other Clients on Konsult.Expert. Client acknowledges that any reliance on content posted by others on Konsult.Expert, and Client use of that content, is Client's own risk.
Modifications, Termination, Interruption and Disruptions to Konsult.Expert
Client confirms and acknowledges that Konsult.Expert may modify, suspend, disrupt or discontinue Konsult.Expert or any part of the Konsult.Expert website or the use of the mobile applications, whether to all Clients or to Client specifically, at any time with or without notice. Client agrees and acknowledges that Konsult.Expert will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Konsult.Expert technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. Konsult.Expert does not guarantee that the website or mobile applications will be uninterrupted or that it will be secure, consistent, timely or error-free.
Forbidden Uses of Konsult.Expert
All Clients expressly agree not to post any material that:
Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
Infringes on the copyright or any other proprietary right of a third party;
Would invade the privacy of any other person;
Is intended to advertise to or solicit others without our express permission;
Constitutes charity solicitations, chain letters or pyramid schemes;
Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or
Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
Interfere with another Client's use and enjoyment of the website.
Konsult.Expert Copyright and Trademarks
Client hereby grants to Konsult.Expert a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information Client submits to the website by all means and in any media now known or hereafter developed for any use or purpose. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any or to content posted during therapy session.Konsult.Expert only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, Konsult.Expert does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. All content and materials available on Konsult.Expert, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of Konsult.Expert, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited.
"Konsult.Expert" is a copyright term. All rights reserved.
Age Requirements, Password, Email, Texting and Honesty Policy for Konsult.Expert
General Legal Terms
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
This Agreement shall be interpreted only in accordance with the laws of the State of Delaware.
This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
UNLESS OTHERWISE EXPRESSED, KONSULT.EXPERT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GIFT CARD TERMS AND CONDITIONS
PURCHASING, SENDING AND RECEIVING E-CARD GIFT CERTIFICATES FOR ONLINE THERAPY SUBSCRIPTIONS THROUGH Konsult.Expert
Konsult.Expert E-card Gift certificates are void where prohibited or restricted by law.
Konsult.Expert E-card Gift certificates cannot be used to purchase other gift certificates.
Except as provided herein, Konsult.Expert E-card Gift certificate have no cash value.
Konsult.Expert E-card Gift certificates are not valid until payment has been received and successfully processed by Konsult.Expert
Konsult.Expert reserves the right to refuse service or reverse any Konsult.Expert E-card Gift certificate purchase for any reason and return the funds to the purchaser.
Redeeming Gift Certificates
Gift certificates are only redeemable at Konsult.Expert for the amount or service specified on the e-card gift certificate, by the expiration date indicated. Konsult.Expert reserves the right to convert service-based gift certificates to their monetary value, equivalent to what was paid for the gift certificate, at its option and sole discretion.
Except as required by law, gift certificates are not redeemable for cash and cannot be returned for a cash refund.
Any unused balance of the gift certificate will remain until redeemed or the original expiration date indicated on the gift certificate, whichever occurs first.
If a purchase exceeds the amount listed on the gift certificate, the redeemer is responsible for paying the difference at time of purchase.
Cancellation and Expiration of Gift Certificates
Konsult.Expert reserves the right to immediately invalidate E-card gift certificates, without notice, should it receive a credit card chargeback, returned check or other form of repudiated payment made towards the gift certificate.
Konsult.Expert is not responsible for lost e-card gift certificates. Reasonable and prudent steps are taken to verify the legitimacy of a redeemer and upon full redemption or at the expiration date, the gift certificate will be identified as not valid for payment of any kind.
Konsult.Expert reserves the right to dishonor the gift certificate, if it reasonably believes it was not validly purchased, has already been redeemed, or the redeemer stole or is otherwise not the intended beneficiary of the purchaser.
E-card Gift certificates are not valid or redeemable after the expiration date indicated on the gift certificate email.
Konsult.Expert will replace a valid lost e-card gift certificate, provided the original gift certificate hasn't been redeemed and the replacement is issued to either the original purchaser or a verifiable recipient.
Konsult.Expert reserves the right to contact gift certificate purchasers, or known recipients, to remind them of upcoming expiration dates.
Miscellaneous Terms and Conditions
Konsult.Expert reserves the right to change these Terms and Conditions from time to time in its sole discretion.
Konsult.Expert is not responsible for emailed gift certificates that do not reach their intended recipient for reasons beyond its control. Bounced email is not monitored. Receipt of email cannot be verified. Konsult.Expert can only verify receipt of the gift certificate, if the recipient of the gift certificate actually uses the URL enclosed in the email message to access the gift certificate using an Internet browser. Konsult.Expert is not responsible for late delivery of gift certificates.
Gift certificates, and these Terms and Conditions, are subject to and governed by the laws of Delaware, without reference to its principles of conflicts of law.
If any provision of these Terms and Conditions should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such term will not apply. However, the remainder of these Terms and Conditions shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.
Risk of loss will pass to the purchaser of the gift certificate upon the electronic transmission of such gift certificate to the recipient or purchaser.
KONSULT.EXPERT, ITS AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-CARD GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE NUMBER OR BAR CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND KONSULT.EXPERT'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
The Personal Data and Browser Data (hereinafter collectively referred to as "Data"), automatically collected from this website (hereinafter the "Site"), by means of automated systems or freely entered by the User of this Site.
We receive a number of different types of information about you, including:
- The information that's required when you sign up for the site, as well as the information you choose to share.
- Required information such as your name, email address, birthday, and gender. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
- Usernames and User IDs, which are a way to identify you on Konsult.Expert. A User ID is a string of numbers and a username generally is some variation of your name.
- "Public Information" which means the information you choose to make public, as well as information that is always publicly available.
- Information posted to a group chat or moderated session and information kept within a one on one session.
Parties processing the data
Konsult.Expert is a "Data base administrator" used by Konsult.Expert LLC who runs the site and keeps the Data.
We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies). Generally, we will only use your information within our company. However, sometimes we use third parties to process your information (for example payment providers). We will require these third parties to comply strictly with its instructions and we will require that they not use your personal information for their own business purposes.
The use of the collected Data by Konsult.Expert
We use non-identifying and aggregate information to better design our Web site and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our Web site, or that Y number of men and Z number of women filled out a site survey or form, but we would not disclose anything that could be used to identify those individuals. We only provide data to our partners, if any, after we have removed your name and any other personally identifying information from it, or have combined it with other people's data in a way that it no longer personally identifies you.
Konsult.Expert use non-identifying and aggregate information about responses to the clinical outcome assessments (personal assessments), and the frequency of the utilization of the Konsult.Expert service. These efforts enhance program evaluation.
The anonymous and aggregated data can also be published through various media platforms/academic journals. No personal identifying information will be tied to the results, and Konsult.Expert will not share anything that could be used to identify your account or your private information.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
We store data only for as long as it is necessary to provide products and services to you and others, including those described above and for legal protections or as required by applicable laws and regulations.
We may enable access to public information that has been shared through our services.
We may allow service providers to access information so they can help us provide services.
IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and to analyze and improve the services offered on our website, e.g. to provide you with the most user-friendly navigation experience.
Certain information is needed to provide you with services, so we only delete this information after you delete your account.
Some forms of processing (sending promotional information, commercial profiling, behavioral advertising, geo-location, etc.) may require the express consent of the User. Specific information may be shown on the pages of the Site in connection with particular services or processing of Data provided by the Site User.
Upon request we provide site visitors with access to a description of information that we maintain about them. Konsult.Expert uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. If you feel that this site is not following its stated information policy, you may contact us at addresses or phone number below.
For content that is covered by intellectual property rights, like photos and videos you specifically grant Konsult.Expert a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Konsult.Expert (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Protecting the Privacy of your fellow Konsult.Expert Users
During your use of Konsult.Expert services, you will not send or otherwise post unauthorized commercial communications (such as spam) on Konsult.Expert.
You will not collect users' content or information, or otherwise access Konsult.Expert, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission:
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any other User.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not provide any false personal information on Konsult.Expert, or create an account for anyone other than yourself without permission. You will not create more than one personal profile.
Copyrights- Ours and Protecting Other People's Intellectual Property Rights
Portable Electronic Devices
The Konsult.Expert Platform is available on a multitude of portable electronic devices. We provide our connection to mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, may still apply. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Konsult.Expert, as well as your name and profile picture.
Your Use of Your Personal Data
If a Konsult.Expert User utilizes the Site to publish or otherwise share Personal Data with third parties, he or she assumes full responsibility: the User states possession of the right to communicate or disclose personal data to third parties, and that they have received prior information thereto, thus relieving the Site of all responsibility for their improper use following disclosure or dissemination.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Konsult.Expert exclusively in a state or federal court located New York. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Konsult.Expert, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Social Networks and Konsult.Expert
These services allow the web site to access the data on your profile in the social networks, and to interact through your post. These services are not activated automatically, but require express authorization by the user.
Cookies and Use Thereof on Konsult.Expert
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet, phablet, cell phone or other electronic devise (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track traffic flows.
Information supplied by cookies can help us to analyze the profile of our visitors so we can provide you with a better user experience.
- General Location: The location of the state and city, but NOT address/place of residency.
- Personal identifying information: Name, address, credit card number
We try to keep Konsult.Expert safe, but you use it at your own risk. We are providing Konsult.Expert as is without any express or implied warranties. We do not guarantee that Konsult.Expert will be safe or secure. Konsult.Expert is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Konsult.Expert (such as advertising or payments) By content we mean anything you post on Konsult.Expert that would not be included in the definition of information. By data we mean content and information that third parties can retrieve from Konsult.Expert or provide to Konsult.Expert through Platform. By post we mean post on Konsult.Expert or otherwise make available to us (such as by using an application). By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
Understand, that we treat your use of our platform with the utmost respect to your privacy. We keep all information not disclosed above private between the Therapist and the User, keeping only non-decimated "file" copies for reference in case of legal dispute of by court order as we are required to under Federal Laws for period up to seven years. File retention protects both the User and the Therapists safety. The data will be protected at high levels of security and privacy, and should the user use a pseudonym, will not include their real name in the conversation records.
Konsult.Expert is not responsible for data lost/exposed/used due to the nature of the Internet and digital environments, illegal actions of hackers and criminals, technical malfunctions of servers and database etc. These are the accepted risks of our Users and users of the Internet in general. You are agreeing to this standard in using our site.
Konsult.Expert reserves the right to amend this Privacy Statement at any time without notice, and only the current Privacy Statement may be deemed effective. Regardless of later updates or changes to our privacy notice, we will never use the information you submit under our current privacy notice in a new way without first providing you an opportunity to opt-out or otherwise prevent that use.