Terms & Conditions
Definitions
A counselor refers in these terms and conditions as any clinical psychologist or any other person who registers to provide Counseling Services, through the use of the Platform, to the User and the Counselor is an independent and/or separate entity with the Company and is not the Company’s agent, employee and/or representative.
The User refers in these terms and conditions as a person who registers or subscribes to use the Platform to engage with the Counselor for counseling, consulting, professional advice, and/or any other services and/or information provided on the Platform.
The Platform refers in these terms and conditions is an online website provided by the Company for the service of the Counselor which can be accessed by the user through the website address available at treeholestory.com.
The Counselor and Counseling services
The Counselor is neither the Company’s employee nor agent nor representative and the Company bears no responsibility for any act, omission, or doing of any Counselor.
The Company makes no representation or warranty whatsoever as to the willingness, ability, qualifications, or quality of a Counselor to give advice and whether or not the User will find the Counseling Services relevant, useful, correct, satisfactory, or suitable to the User’s needs.
The Company does not control the quality of the Counseling Services and does not determine whether any Counselor is qualified to provide any specific service as well as whether a Counselor is categorized correctly or matched correctly to the User.
It is the User’s responsibility to conduct independent verification regarding any Counselor that provides the User with Counseling Services (whether through the Platform or not) and the Company strongly recommends that the User will conduct this verification prior to communicating with any Counselor through the Platform and on a continuous basis as the User use the Platform.
The User relationship and/or communication relating to the Counseling Services is strictly within the Counselor and the User, and the Company is not involved in any way with the actual substance of that relationship or any part of the Counselor’s Service (whether provided through the Platform or not), and the Company hereby warrants that the Company shall not validate or involve in any of the Counseling Services.
Any payment made by the User through the Platform, or directly to the Company, the payment is solely made to the Counselor for the purposes of the Counseling Services. The Company may charge the Counselor by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). Strictly without prejudice basis, the Company cannot be deemed as the Counselor of any Counseling Services regardless of any payment. Furthermore, the payment for the use of the Platform is made by the Counselor and not by the User.
Representation and warranties by the user
The User hereby confirms that the User is at least 18 years old and has a legal capacity into a contract when registering as the User on the Platform.
The User hereby confirms and agrees that all the information provided by the User in or through the Platform is accurate, true, current, and complete and the User will ensure to maintain and update the current information on the Platform when necessary.
The User hereby agrees, confirms, and acknowledges that the User is responsible for maintaining the confidentiality of the password and any other security information related to the User’s account (collectively “Account Access”) and it is advisable to change the password frequently and to take extra care in safeguarding the password.
The User hereby further agrees to notify the Company as soon as possible in the event the User is notified that there is unauthorized use of the Account Access or any other concern for breach of the User’s account security.
The User also agrees, confirms, and acknowledges that the Company will not be liable for any loss or damage incurred as a result of someone else using the User’s account, either with or without the User’s consent and/or knowledge.
The User further agrees, confirms, and acknowledges that the User is solely and fully liable and responsible for all activities that are made by using the User’s Account Access the User will be liable and responsible for any damage or loss incurred as a result of the use of the Account Access by any person whether authorized by the User or not, and the User hereby agree to indemnify the Company for any such damage or loss.
The User hereby agrees and confirms that the use of the Platform, including the Counseling Services, is for the User's personal use only and not for or on behalf of any other person or organization.
The User also agrees and commits not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Company systems, services, servers, networks, or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
The User agrees and commits not to make any use of the Platform for the posting, sending, or delivering of either of the following:
(a) unsolicited email and/or advertisement or promotion of goods and services;
(b) malicious software or code;
(c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
(d) any content that infringes a third-party right or intellectual property;
(e) any content that may cause damage to a third party;
(f) any content that may constitute, cause or encourage a criminal action or violate any applicable law.
The User further agrees and commits not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation, or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.
In the event the User receives any file from the Company or from a Counselor, whether through the Platform or not, the User must check and scan this file for any virus or malicious software before opening or using this file.
The User will indemnify, defend, and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:
(a) the User's access to or use of the Platform;
(b) any actions made with the User’s account or Account Access whether by the User or by someone else;
(c) the User’s violation of any of the provisions of this Agreement;
(d) non-payment for any of the services (including Counseling Services) which were provided through the Platform;
(e) the User’s violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. This clause shall survive expiration or termination of this Agreement;
(f) any infringement of the Personal Data Protection Act (“PDPA”) and any applicable law in connection with personal data protection.
Use of the platform
All the features and functionality of the Platform will be subject to the Company’s decision, instruction and/or consent.
The Company reserves the right to close, change, modify, suspend, disrupt, or discontinue the Platform or any part of the Platform (including the profile of the Counselor when there are any spelling errors) without any prior notice to the User for whatsoever reasons (including but not limited to maintenance) that the Company seems reasonable for the continuation of the services provide and the Company will not be held liable for any losses, damages, harms that may be suffered by the User as the consequences of the aforesaid actions.
The Platform is not guaranteed by the Company to be fully uninterrupted and/or error-free while the service is provided to the User, but the Company will ensure that in the event the Platform is unavailable or inaccessible, the Company will attempt to fix the problem soonest possible and the Company shall have absolute discretion to decide whether or not to reimburse to the User in the event the Platform is under maintenance for an unreasonable length of period.
The Company hereby reserves its right to terminate or suspend the User’s account without any refund for payment that had been made by the User in the event the Company finds out there is a misuse of the User’s Account and/or the Platform for unauthorized purposes and the Company or the Counselor notify that the User no longer fit for the Counseling Services and further medical advice from a doctor or other qualified healthcare counselor are necessary for the User.
The Platform enables the User to communicate with the Counselor for the purpose of getting counseling, information, advice, or any other input, benefit or service (collectively “Counseling Services”).
The User hereby agrees, confirms, and acknowledges that although the Counselor may provide the Counseling Services through the Platform, the Company cannot assess whether the use of the Counselor, the Counseling Services or the Platform is right and suitable for your needs. The platform does not include the provision of medical care, mental health services, or other professional services by the company. As operators of the Platform, the Company's role is strictly limited to facilitating the communication between the User and the Counselor and to enable the provision of the Counseling Services. It is up to the User to consider and decide whether these services are appropriate for the User or not.
The User hereby agrees, confirms, and acknowledges that the User is aware of the fact that the Counseling Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional, and the User should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Counseling Services. The User hereby acknowledges that the User will never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice the User received through the Platform.
The platform is not intended for medical or health diagnosis, including information regarding which drugs or treatments that may be appropriate for the user, and the user should disregard any such advice if delivered through the platform.
The User is advised to exercise a high level of care and caution in the use of the Platform and the Counseling Services and the Company hereby assures that the confidentiality of the User’s information will always be protected but the Company cannot fully guarantee such confidentiality throughout the use of the Counseling Services as the Company cannot assess the communication between the User and the Counselor.
The Company hereby clarifies that the Company is committed to provide reasonable controls to protect the Platform against foreseeable hazards such as (but not limited to) unauthorised access, software contamination, computer hacking, destruction, misuse, modifications, and improper disclosure. However, no computer system or information can ever be fully protected and the User hereby agrees to accept the risk of transmitting information via the Platform when engaging the Counseling Services. By using the Platform, the User hereby acknowledges that the Company is not liable in the event these circumstances arise.
In the event the user is thinking about suicide or considering to take actions that may cause harm to themself or to others or if the user feels that or any other person may be in any danger or if the user has any medical emergency, you must immediately call the emergency service number (999) and notify the relevant authorities. The user hereby acknowledges, confirms, and agrees that the platform is not designed for use in any of the aforementioned cases and that the user must not use the platform in any of the aforementioned cases.
The Platform may contain other contents, products, or services that are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites), or advertisements that are related to Third Party Content. The User hereby confirms and acknowledges that the Company bears no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms, or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
Further disclaimer of warranty
The user hereby releases the company and agrees to hold the company harmless from any and all causes of action and claims of any nature resulting from the counseling services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any mental health professional or any other counselor in a field requiring licensure and/or certification, who may be accessed through the platform.
The user hereby agrees, confirms, and acknowledges that the company does not review, recommend, endorse, evaluate, or provide any guarantee, representation, or warranty, and specifically disclaims all representation and warranties, with respect to:
(a) any counselor;
(b) any information about any counselor including without limitation any qualifications, expertise, claims or background of any counselor;
(c) the counseling services (whether through the platform or not) including without limitation any opinion, response, advice, recommendation, information or any other content written or said by a counselor;
(d) the content and the substance that are part of the counseling services;
(e) any other content or information posted on the platform or through the platform;
(f) the validity, accuracy, availability, completeness, safety, legality, security, privacy, quality or applicability of the platform and the counseling services.
The user hereby further agrees, confirms, and acknowledges that the platform is provided on “as is where is basis” and therefore the user will not have any claim or demand against the company. The use of the platform and services is at the user's sole risk. To the fullest extent of the law, the company expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
Any consultation with a counselor via the platform cannot and does not replace a meeting with a professional and the user is encouraged to verify the information provided by the counselor. Any reliance on such information is done at the user's full and sole risk and liability.
The company does not assume, and will not be liable for; (a) the accuracy or availability of the platform or any part of the platform; or (b) any damages, harm, or injury arising from or related to the platform, the counselor, or the counseling services.
Without limiting the foregoing, the company does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.
You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. The company cannot and does not assume any responsibility for any loss, damages, or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for any viruses or malicious software accessed through the service, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the service.
In the event of a dispute regarding any transaction conducted via the Platform, the User hereby relieves the Company from all manner of actions, claims, or demands and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which the User may have against one or more of the above.
Limitation of liability
The user hereby agrees, confirms, and acknowledges that the company shall not be liable to the user or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
The user further agrees, confirms, and acknowledges that the company's aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money received by the company as its fees from the user through the platform in the 3 months period prior to the date of the claim.
The company explicitly disclaims any liability with respect to any claim, suit or action made by a counselor, whether relating to the counseling services or not, in connection with the user’s payment for the counseling services or otherwise. The user agrees, confirms, and acknowledges to indemnify, defend and hold the company harmless with respect to any such claim.
If the applicable law in Malaysia does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Fees and payment
The Company hereby warrants and represents that the service provided is on a per-session basis, and the User will be billed on an ad hoc basis. There shall be no refunds after payment is made by the User.
All payments made by the User for services rendered by the Counselor will be made through the Platform or Company. Payment made is used to compensate the Counselor for the provision of mental health services and the Company for its software development, overhead, administrative services, and other corporate costs and fees, including transaction fees for credit card usage. The Company has a right to deduct its portion of the fee from the payment before releasing the remaining balance to the Counselor.
The User confirms and agrees that all payment-related information that the User provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
The User hereby confirms and agrees to use only payment means (credit cards or others) which the User is duly and fully authorized to use.
The User agrees that all current and future interactions (whether online or offline) between the user and a Counselor will be made, managed and billed through the Platform.
If, for any reason, an interaction between the User and the Counselor is not made through the Platform, the User hereby agrees that it will be billed through the Platform and that the standard Platform Use Fees will be charged and delivered to the Company even if the Platform hasn’t been used for this interaction.
The User further agrees and commits to immediately notify the Company for all the relevant details that the User receives a service from a Counselor not through the Platform or in any case that is billed by a Counselor, not through the Platform.
The User also agrees to pay all fees and charges associated with the User's Account on a timely basis and according to the fee schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the User's credit card.
The User agrees that in the event that initial payment is not received in full by the Company within 7 days of the billing date, User agrees to make full payment including any surcharges as notified by the Company.
By providing the Company with the User’s credit card information, the User hereby authorizes the Company to bill and charge the User through that credit card and the User agrees to maintain valid credit card information in the User’s Account information.
Upon agreeing to these terms and conditions, you acknowledge and covenant that any changes or adjustment of the charges of the service provided by the Company shall be informed and/or notified by the Company to you via email and the revised rates of the charges shall be imposed on the future billings.
Notices
The Company may provide notices or other communications to the User regarding this agreement or any aspect of the Platform, by email to the email address that the Company has on record, by regular mail, or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to the Company must be delivered by email to .
Miscellaneous
These Terms of Use: (i) constitute the entire agreement between the Company and the User; and (ii) supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral. Any term which may be implied by law into these Terms of Use (to the extent that they may be excluded by contract) is expressly excluded.
The Company owes no fiduciary duty to the User.
This Agreement and the relationship between the Company and the User shall both be interpreted solely in accordance with the laws of Malaysia and the court to bring or initiate any action or proceeding arising out of relating to this Agreement or the relationship between the Company and the User, regardless of theory, shall be the court in Malaysia.
The User hereby irrevocably consents to the personal jurisdiction of the aforementioned courts and hereby waives any objection to the exercise of jurisdiction by the aforementioned courts.
The Company may change this Agreement by posting modifications on the Platform and it shall have an immediate effect upon the posting unless otherwise specified by the Company.
The User is hereby encouraged to check the terms of this Agreement frequently and the last update of this Agreement is posted at the bottom of the Agreement.
The User hereby agrees to be bound by such changes to the Agreement by using the Platform after the changes become effective. In the event the User does not agree to the changes made, the User must terminate access to the Platform and participation in its services.
The Company may transfer or assign this Agreement or any of its obligations hereunder.
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. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.