IHEERU DIGITAL SOLUTIONS INC, registration address 5519 Marine Drive, West Vancouver, British Columbia, Canada, administering the websites www.iheeru.com and app.iheeru.com, hereinafter - the Service.
Service Provider - a specialist registered to provide mental health guidance services of general nature on the website (Service).
Service Recipient - a visitor of the Website (Service) who has registered to receive psychological consultations.
The Service, the Service Provider and the Service Recipient are hereinafter collectively referred to as the Parties, and each separately as the Party.
The Service enables the Service Provider to register and provide paid and free Mental Health Guide services to the Service Recipient remotely.
The Service administers and performs technical maintenance of the websites www.iheeru.com and app.iheeru.com, advertises and provides information about the services provided by the Service Provider.
The Service Provider registered on the page app.iheeru.com and / or www.iheeru.com agrees with these Terms of Service and undertakes to comply with them.
1. SUBJECT OF THE AGREEMENT
1.1. These terms and conditions define the relationship between the Service Provider and the Service. It also defines the obligations, responsibilities and confidentiality of the Service Provider and the Service Recipient in relation to each other.
1.2. The Parties agree that the Service Provider will keep secret and will not disclose to third parties the secrets of the Service Recipients and other confidential information (in whole or in part), which the Service Recipient has disclosed, transmitted and which has become known to the Service Provider in any other way.
1.3 These terms and conditions are all subject to any applicable laws and guidelines relating to the Service Provider, including any requirements for mental health providers to maintain confidentiality of, or to disclose, actual or prospective client information in certain circumstances.
2. CONFIDENTIAL INFORMATION
2.1. Confidential information may be stored in documents, magnetic, film and photographic tapes, photographs, faxes, computer disks, other digital and electronic information carriers, drawings, drawings, diagrams and any other means of data storage. Confidential information can also be verbal, that is, existing in human memory and not stored (expressed) in any material form.
2.2. The Parties agree that in case of doubt as to the nature of certain information (i.e. whether the information is confidential), the Service Provider shall treat such information as confidential until the Service Recipient indicates in writing that this information is not confidential.
3. OBLIGATIONS OF THE PARTIES REGARDING CONFIDENTIALITY
3.1. The Service Provider undertakes the responsibility to ensure the complete confidentiality and security of the Confidential Information entrusted or otherwise made known to them, not to disclose it or pass it on to the third parties, and not to take any other actions that allow this information to be accessed by third parties in any way.
3.2. Any person who is not a party to this Agreement shall be considered a third party.
3.3. The Service Provider agrees to use the confidential information only for the purposes of performing the Services. When using confidential information, the Service Provider agrees to strictly comply with the requirements for handling the confidential information as provided in this agreement.
3.4. The Service Provider may not use the Confidential Information for personal purposes or interests, or for the benefit of themselves and / or any third parties, including, but not limited to, family members and relatives of the Service Provider.
3.5. The Service Provider undertakes to take all necessary measures to prevent the unauthorized use and / or disclosure of the confidential information to third parties. The measures include, but are not limited to, prohibiting third parties from using Service Provider’s tools and / or equipment containing the confidential information and / or access to it.
3.6. The service provider makes no claim to the ownership of any of the contents within the acquired confidential information.
3.7. Upon termination of the provision of services, the Service Provider must immediately, but not later than the date of termination of the provision of services, destroy all available confidential information. The Service Provider shall not retain any confidential information in any form.
3.8. The Parties agree that the requirements for the protection and use of confidential information set out in this Agreement shall not apply to information which becomes publicly available.
4. DISCLOSURE OF CONFIDENTIAL INFORMATION
4.1. Confidential information may be disclosed to the competent government authorities or institutions under the condition that such disclosure is in accordance with the laws governing the Service Provider’s services. When providing confidential information, the Service Provider must inform the Service Recipient in writing, and, if applicable, of the requests received from the competent authorities to provide certain information.
5. TERM OF PROTECTION OF CONFIDENTIAL INFORMATION
5.1. The Service Provider's obligations related to the protection and use of confidential information set forth in this Agreement shall be valid during the validity of the provision of services and indefinitely after the termination of the provision of services or to the maximum extent permitted by the legislation of Canada, but in any case not less than 3 (three) years.
6. USE OF PERSONAL INFORMATION
6.1. The Service Provider grants the Service the right to publish on the website and other marketing materials the personal information of the Service Provider, which includes name, surname, photo, specialization, period of experience and other personal information to be provided by the Service Provider.
6.2. The Service Provider grants the Service the right to publish the Service Provider's personal information in banners and / or Internet search advertisements, which includes name, surname, photo, specialization, period of experience and other personal information provided by the Service Provider, for the purpose of promoting The Service.
6.3. The Service will issue invoices to the Service Recipients for work by the Service Providers. The following data of the Service Provider will be used within the invoice: name, surname and certificate/license number.
6.4 When issuing the invoice, the Service will use the information provided during the registration of the Service Recipient: Name, Surname, e-mail address.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Service Provider undertakes to pay CAD 10,000 to the aggrieved Service Recipient for disclosing confidential information in violation of the procedure set forth in this Agreement, as well as for in any way transmitting such information to third parties.
7.2. In case the article 7.1 is enforced, the Service Provider undertakes to pay the specified fine and indemnify the injured Service Recipient or third parties not later than within 10 (ten) days from the date of submission of the claim, unless the Parties agree otherwise in writing.
7.3. Payment of the fine and / or indemnification shall not release the Service Provider from further performance of its obligations under this Agreement.
7.4. The Service Provider may be prosecuted for the disclosure or transfer of information constituting a commercial secret in accordance with the procedure established by the laws of Canada. If the Service Provider suspects that the Service Provider's actions are in violation of this Agreement, or that these actions may be indicative of a criminal offense or crime, The Service has the right to inform the competent law enforcement and / or public authorities.
7.5 In cases where the Recipient discloses the content of the conversations without the consent of the Service Provider and such violation of the provisions of the Agreement causes direct and indirect losses to the Service Provider, the Recipient undertakes to compensate the injured Service Provider for all damages.
7.6 The Service Provider agrees to maintain a malpractise insurance during the time they are active on The Service.
7.7 The Service Provider will not hold The Service liable for any lawsuit or claim brought against The Service Provider.
8. FEES AND PAYMENTS FOR SERVICES
8.1 The Service Provider may provide paid and / or free services to the Service Recipient.
8.2 The Service Provider receives for the paid services:
8.2.1 65 (sixty five) Canadian Dollars for a 50 (fifty) minute consultation provided to the Service Recipient.
8.3 The Service adds the Service Fee to the Service Provider's fee, which is necessary to ensure the operation of the system: for broadcasting video calls, to pay payment processing fees, to cover advertising, payroll, administration and other operations necessary to keep the service operational.
8.4 The Service Fee is set by the Service in an effort to maintain a competitive environment and to cover the Service Provider's service costs. The service fee applies only for paid services and is added only at the time of payment for services.
8.5 Payment processing services for Service Providers on The Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Service Provider on The Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Service enabling payment processing services through Stripe, you agree to provide The Service accurate and complete information about you and your business, and you authorise The Service to share it and transaction information related to your use of the payment processing services provided by Stripe. By registering your account, you agree to Stripe Services Agreement and the Stripe Connected Account Agreement.
8.6 Money is transferred from their Stripe account to the Service Provider’s bank account every Monday for those consultations which meet the following criteria:
8.6.1 Are successfully paid for by the Service Recipient.
8.6.2 Have already taken place.
8.6.3 At least 7 days have already elapsed since the payment was made.
9. PROVIDED DATA AND ITS ACCURACY
9.1 The Service Provider agrees to provide accurate and truthful information when asked by The Service or its representative, given that such information is necessary for the lawful and ethical delivery of services to the Service Recipient.
10. OTHER PROVISIONS
10.1 The Parties agree that this Agreement with the Service Providers shall enter into force on the day of registration of the Service Provider on the website www.iheeru.com and / or app.iheeru.com and shall be valid indefinitely.
10.2 Disputes arising from this Agreement shall be settled by mutual negotiations. If the Parties fail to reach an agreement, depending on the amount of the dispute, the matter will be settled within the courts of the Province of British Columbia.
10.3 If the Service Provider decides to withdraw from the Service, the Service Provider must notify by e-mail (lukas@iheeru.com) not earlier than 30 days before the date of withdrawal. In the event of withdrawal, the Service Provider and the Service shall negotiate the further course of work.
10.4 These Terms of Service are subject to change and the Service will always notify the Service Providers by e-mail of any material changes.