TERMS OF USE

Just A Moment Wellness Company Limited (“Just A Moment”, “Platform”, “we”, “our” or “us”) operates an online Platform that matches you and certain third parties to communicate and transact directly for online counselling and/or coaching (“Service”).

The Service allows you to get matched with a professional, accredited or licensed clinical psychologist, therapist or counsellor (collectively, the “Providers”) for the purpose of getting professional counselling and/or coaching service from such personnel through communicating with him/her via video and/or audio calls conducted under the software suggested by Just A Moment. 

By accessing and using this Service, you accept and agree to be bound by the terms of this Agreement. The Privacy Policy is incorporated into and deemed a part of this Agreement. In addition, when using our Services, you shall also observe our other guidelines or rules applicable to such services. If you do not agree to abide by the above, please do not use this service. 

Just A Moment values your privacy and safety greatly. Information about our security and privacy practices can be found on our Privacy Policy. 

Our Service

We only allow accredited or licensed clinical psychologists, therapists and counsellors with relevant, hands-on experience to offer Service on the Platform.

On top of that, we make it compulsory for each and every Provider on the Platform to follow our Privacy Policy, internal policy and regulations so long as they are with us.

In that way, the Service you get through the Platform shall meet the professional standard that one would expect from their traditional face-to-face counter-parts.

The Providers are independent contractors of the Platform, who are neither employees, agents nor representatives of Just A Moment. The Platform’s role is limited to supervising and enabling the Service while the counselling and/or coaching itself remains the responsibility of the Provider who provides them. If you would like to meet another Provider, you could swap another Provider after any of your counselling session on the Platform. 

While we hope our Service can benefit you and satisfy your need, you understand, agree and acknowledge that it may not be an appropriate and/or ideal solution for everyone’s needs and that it may not be appropriate and/or ideal for each and every specific circumstance and/or may not be a complete substitute for a face-to-face counselling and/or coaching session in every specific circumstance. 

We are regretted to inform that currently the Platform and the Service are not intended to be made available to you if you: are in, or tend to get into, an emergency situation, are ordered by the court (or any other authority) to undergo therapy or counselling, have severe mental illness and/or been advised to stay under psychological supervision or psychiatric care and/or have thoughts of hurting yourself or others. Also, if you, or any other person, are in danger, please seek emergency help immediately. To the extent not prohibited by applicable law, in no event we will be liable for personal injury due to your personal situation and physical condition.

Also, neither the Platform nor the Service is intended to provide you with any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the Platform and/or the Service. 

Do not disregard, avoid, or delay in obtaining in-person, face-to-face service and care from your doctor or other qualified professional because of information or advice you received through the Platform and/or the Service. 

Refund, cancellation and amendment

All appointments once confirmed shall be non-refundable and cannot be amended or exchange for other types of service except for provided otherwise in these terms. If you are unable to attend an appointment, you shall contact us 24 hours prior to the scheduled time to re-schedule an appointment to a date within 1 month from the first appointment. Otherwise, the appointment would still be treated as spent. Each appointment may be re-scheduled for ONCE only.

Each counselling session shall take place during the time as stipulated on the Platform upon confirmation and no time extension is available for any lateness unless it is due to reason of us. In the event that you are late for any confirmed counselling session for over 15 minutes, we or the Provider may cancel the session without notice and such session is deemed as spent. No rescheduling or refund is allowed for any spent session.

We reserve the rights to re-schedule or cancel any confirmed counselling session or change Provider that you reserved. In the event that we exercise our rights to change or cancel either the time or Provider of your counselling session, we will notify you through Platform message, email and/or text message. Please check your inbox from time to time. The revised schedule shall be deemed as confirmed if we do not hear from you before the deadline mentioned in such notification. All appointments once cancelled shall be non-refundable and cannot be amended or exchange for other types of service except for provided otherwise in these terms or unless it is due to reason of us.

Third Party Content  

The Platform may contain other content, products or services which 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 which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content. 

Disclaimer of Warranty and Limitation of Liability  

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Platform and/or the Service, including (but not limited to) any act, advice, information, omission, opinion, response, suggestion, information and/or service of any Provider and/or any other content or information accessible through the Platform. 

You understand, agree and acknowledge that the Platform and the Service are provided “as is” without any express or implied warranties of any kind, including (but not limited to) accuracy, fitness for a particular purpose, merchantability, non-infringement, or security. Using the Platform and the Service is at your own risk. To as far as the law possibly allows, we expressly disclaim all warranties of any kind, expressed or implied. 

You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, punitive and/or exemplary damages. 

You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this Agreement and any and all use of the Platform and the Service will not exceed the total amount of money paid by you through the Platform in the 2 months period prior to the date of the claim. 

We do not warrant:

1. the accuracy, quality, completeness, or reliability of the Platform, the information and any offering made by a third party;
2. that the Website and the information is be error free, virus free, uninterrupted or free from unauthorized use or hackers
3. the quality of goods and/or services of any offering made by a third party.

If the applicable law 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. 

Your Conduct and Representations  

You hereby confirm that you are legally capable (or with the consent of a parent or guardian) to consent to use the Platform and the Service, and that you are legally capable to enter into a contract.

You hereby confirm and agree that all the information, in particulars, any contact details and emergency contact that you provided, or will provide, in or through the Platform and/or throughout the Service, , is accurate, complete, true and not in any way misleading. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, complete, true and not in any way misleading. The provision of incorrect or incomplete information may render us unable to provide appropriate Services to you and we reserve the rights to suspense or terminate your accounts without compensation.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password. 

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. 

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, with or without your knowledge and/or consent. 

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person (whether authorised by you or not), and you agree to indemnify us for any such damage or loss. 

You agree and commit not to use the account or Account Access of any other person for any reason. 

You agree and confirm that your use of the Platform and/or the Service, is for your own personal use only and that you are not using the Platform and/or the Service for or behalf of any other person or organisation. 

You agree and commit not to (or attempt to) interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including (but not limited to) obtaining unauthorised access to the aforementioned. 

You agree and commit not to make any use of the Platform for communicating (through delivering, sending and/or posting) any: (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 including intellectual property rights; (e) any content that may cause damage to a third party; and/or (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. 

You agree and commit not to violate any applicable local law, regulation or ethical code in relation to your use of the Platform and the Service. 

If you receive any file from us or from a Provider, whether through the Platform or not, you should be responsible for checking and scanning this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us 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: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including the Service) which were provided through the Platform; and/or (e) your violation of any third party right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform and the Service, is accurate, correct and up-to-date and will continue to be accurate, correct and up-to-date. 

You agree to pay all fees and charges associated with your usage of the Service on time either on a single-use basis or according to our subscription plans. By providing us with your payment means you authorise us to bill and charge you through that payment means and you agree to maintain valid payment means information. 

In the event that you directly deal with or otherwise engage with any of our co-operating Providers, we shall not be responsible matters, disputes or losses and damages for any such direct dealings between you and Providers.

Modifications, Termination, Interruption and Disruptions to the Platform  

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform and/or the Service, any part of the Platform and/or the Service, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we 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. 

While we make commercially reasonable efforts to ensure the accessibility and reliability of the Platform and the Service, you understand and agree that none of the them are 100% accessible and/or reliable and so we cannot guarantee that access to the Platform and/or the Service will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times. 

Users: who may use this service  

You should be at least 18 years old to use the Service. 

If you are under 18 years old (a “minor”) and would like to use the Service, you consent that: (a) you must be capable of understanding the nature and implications of the proposed Service in consenting to receive the proposed Service; and (b) consent must be obtained from your parent or legal guardian, with such parent or legal guardian reading and fulling consenting this Agreement with you.  We are not responsible for verifying such guardian’s consent and by using our service, you represent to us that such consent has been duly obtained.

If you are the parent or legal guardian of a minor, you consent that you do not have an absolute right to determine what treatment your child receives. By allowing your child to use the Platform and/or Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Platform and the Service. 

We would deem sufficient to have consent from one parent unless exceptional circumstance arises.

If you are using the Platform and/or the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. 

Notices  

We are entitled to set the form of notice and mode of communication with respect to each type of notice to be given under the Agreement. Unless specified otherwise, you will be considered as having received any notice given by us immediately after we have sent it to the communication method(s) that you have provided to us upon your registration for the Platform and/or Service or notified to us in such manner acceptable to us from time to time. 

Notices sent to us must be delivered by email to service@jamwellness.io. We are not considered as having received your instructions or communications unless they are given in such manner as we may specify from time to time and after we have actually received them. Instructions or communications sent by you to us will be considered as having been received by us on the day of actual receipt. 

Miscellaneous  

You must not infringe, or assist in the infringement of, the intellectual property rights (including, without limitation, copyright, patents, trademarks and database rights) of Just A Moment; Just A Moment shall own all intellectual properties rights of the content, posts, photos, pictures, video, graphic and layout contained on the website; and you shall not use any such content for any other purposes.

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Hong Kong, excluding any rules governing choice of laws. 

These Terms together with our Privacy Policy and Amendment, Cancellation and Complaints Policy and other documents as referred herein and Application Form contain the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the Platform and/or the Service inconsistent with any of the terms hereof. 

We may change this Agreement by posting revised version on the Platform. Unless we specify otherwise, all modifications shall be effective upon posting. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must stop using the Platform and the Service.

We may freely transfer or assign the rights and obligations under this Agreement. 

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 concerned provision shall be severed from these Terms and the remaining provisions of this Agreement will remain in full force and effect. 

All clauses on limitations of liabilities and indemnification are to survive the termination or expiration of this Agreement. 

Should you have any comments and/or complaints to services of our Provider or our Platform, please send us a message particularises your experience with us to service@jamwellness.io within 14 days from the date you received your counselling session.

This Agreement is effective as of 1 September 2021. This version shall prevail any of its previous version(s).