Anxiety Ireland is a private website run by Mr. Michael Ledden using the trading name Anxiety Ireland with a registered office at 63 Claremont Crescent, Glasnevin, Dublin 11 (“we” and cognate phrases such as “us” and “our” shall be construed accordingly).
We have agreed to make available our website www.anxietyireland.ie (the“Website”, on the terms and subject to the conditions set out herein (these “Terms”) to any person over 18 years of age who has registered to use the Website (“Client” or “you”) to arrange appointments with professional providers such as counselors, consultants, practitioners, coaches, advisors (the “Therapists” and cognate phrases shall be construed accordingly) and/or to obtain counselling, therapy and other mental health related services from the Therapists in each case via the Website (the “Services”).
1.1 Please take the time to carefully read these Terms and all other policies and guidelines referred to herein, as amended, revised, modified or replaced from time to time (the “Policies”). Each of the Policies is incorporated by reference into these Terms as if specifically set out herein and references herein to these Terms shall include the Policies. Our current Policies are:
- Privacy Statement; and
- Cookies Policy;
1.2 Your use of the Website is conditional upon your compliance with these Terms.
1.3 By using the Website to obtain the Services you confirm that you accept these Terms and that you agree to comply with them. If you do not accept these Terms you shall immediately cease to use the Website. We recommend that you print a copy of these Terms for future reference. These Terms constitute the sole and entire agreement between you and us in relation to their subject matter and supersede all prior written and oral arrangements, understandings, representations, warranties and agreements between you and us in that regard (if any). You acknowledge that you are not relying, and shall not seek to rely, on any arrangement, understanding, representation, warranty, agreement, term or condition which is not expressly set out in these Terms.
1.4 We may make changes to these Terms from time to time at our absolute discretion. By continuing to use the Website you confirm that you accept these Terms, as revised by us from time to time in our absolute discretion.
2. THE THERAPISTS AND THE THERAPIST SERVICES
2.1 The Website enables you to book appointments with fully accredited Therapists for the purpose of arranging and obtaining counselling, therapy and other mental health related services (the “Therapist Services”).
2.2 You acknowledge and agree that:
- the Therapists are neither our employees nor our agents or representatives;
- we make no representation or warranty whatsoever as to the willingness or ability of a Therapist to give advice;
- we do not control the quality of the Therapy Services;
- we do not in any way provide any reference or endorsement whatsoever of any Therapist, his or her competency or the efficacy of his or her Therapist Services.
- we do not guarantee that any Therapist is qualified to provide any specific service nor whether a Therapist is categorized correctly or matched correctly to you;
- we make no representation or warranty whatsoever as to whether you will find the Therapist Services relevant, useful, correct, relevant, satisfactory or suitable to your needs;
- your relationship relating to the Therapist Services is strictly with the Therapist. We are not involved in any way with the actual substance of that relationship or any part of the Therapist Services (whether provided through the Website or not), and we do not validate and are in no way involved in any of the Therapist Services.
3. YOUR USE OF THE WEBSITE
3.1 You acknowledge and agree that although the Therapist may provide the Therapist Services via the Website, we cannot assess whether the use of the Therapist Services or the Website is right and suitable for your needs. The Website does not include the provision of medical care or other professional services by us. As operators of the Website, our role is strictly limited to facilitating the communication between you and the Therapist and to enable the provision of the Therapist Services. It is up to you to consider and decide whether these services are appropriate for you or not.
3.2 You acknowledge and agree that you are aware of the fact that the Therapist Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Therapist Services. Furthermore, we strongly recommend that you consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional by face-to-face appointment because of information or advice you received through the Website.
3.3 You agree, confirm and acknowledge that the Website including the quiz is not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such advice if delivered through the Website.
3.4 You are advised to exercise a high level of care and caution in the use of the Website and the Therapist Services.
3.5 If you are thinking about suicide or if you are considering to take 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 (112) and notify the relevant authorities. You may also phone the free Pieta House 24-hour suicide helpline on 1800 247 247 or alternatively, text HELP to 51444 (standard message rates apply). You acknowledge and agree that the Website is not designed for use in any of the aforementioned cases and that you must not use the Website in any of the aforementioned cases.
3.6 By using the Website, you represent, warrant and undertake to us that you shall not, nor allow any third party to:
- make copies, duplicate, modify, create derivative works from or distribute all or any portion of the Website;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Website;
- make alterations to, or modifications of, the whole or any part of the Website, or permit it to be combined with, or become incorporated in any other programs;
- access, use or copy all or any part of the Website in order to build a product or service which competes with the Website or our business;
- sell, resell, trade or otherwise provide access to the Website to third parties or otherwise furnish third parties with access to any login details in respect of the Website or your Profile (as defined below);
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Website;
- use the Website fraudulently, maliciously or in any unlawful manner or for any unlawful purpose or in any manner inconsistent with these Terms;
- use the Website in any way that interrupts or impairs the Website’s performance or renders the Website less efficient;
- use the Website to transfer files that contain viruses, trojans or other malicious code;
- use the Website to access or attempt to access the accounts of any other Website users or to penetrate or attempt to penetrate any security measures;
- use our Intellectual Property Rights in any way or mention us in any publication, website, press release or other media without our prior written consent. For the purposes of these Terms “Intellectual Property Rights” includes any patent, trade or other mark, registered design, topography right, copyright, database right or any other right in the nature of any of the foregoing (or application, or right to apply for, any of the foregoing), and trade or business name, invention, discovery, improvement, design, technique, confidential process or information or know how, in each case subsisting anywhere in the world and whether registered, unregistered or unregisterable, and any licence or right of user of any of the foregoing, and the full right to all legal protection relating to the same; or
- use the Website to infringe our Intellectual Property Rights or the Intellectual Property Rights of any third party.
3.9 We reserve the right, at our absolute discretion, without prior notice to you or liability on our part and without prejudice to our other rights against you, to reject, prevent, terminate or suspend your use of and access to the Website and/or your Profile (as defined below) if we believe that you have breached any warranty, representation or undertaking contained in this Clause 3.
3.10 Use of the Website requires a computer or other like device and internet access connected through an internet service provider with a web browser.
4. DATA PROTECTION
4.1 In order to be able to make the Website available to you and to Therapists and to maintain the functionality and safety of the Website, we require your Profile Information. Your Profile Information may contain or constitute personal data within the meaning of data protection legislation.
4.2 We may also collect, store and otherwise process your personal data which we obtain from you directly, from your use of the Website or from third parties. You acknowledge and agree that your personal data will be processed in accordance with our Privacy Statement. If you do not wish for your personal data to be processed in such a way, you shall immediately cease to use the Website.
4.3 During the course of your obtaining the Therapist Services on the Website, a Therapist may request your personal information. You acknowledge and agree that when you provide your personal information to a Therapist, the Therapist is solely responsible for your information and we shall not be held liable for the Therapist’s handling, use and storage of your personal information.
5. WEBSITE FUNCTIONALITY
5.1 You acknowledge and agree that we may, at our absolute discretion, revise, discontinue, or otherwise modify, temporarily or permanently, the Website or any part thereof or your access to the Website. We will try to give you reasonable notice of any major changes. You may choose to accept or decline our changes to the Website by continuing or discontinuing use of the Website. Your use of the Website after we make any changes to the Website shall constitute your acceptance of such changes.
5.2 We may from time to time and at our absolute discretion perform maintenance upon the Website or experience hardware, software or other problems related to the Website, resulting in interrupted Website service or delays or errors in the Website. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
5.3 The Website is provided to you “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from any course of dealing or performance or usage of trade. While we make every effort to provide accurate information in connection with the Website, we makes no warranty that:
- the Website or our Services will be uninterrupted, timely, secure, virus-free or error-free; or
- any information contained on, results that may be obtained from the use of, or other aspect of the Website will be accurate, current, complete or reliable.
5.4 Nothing made available on the Website is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
6. LINKING TO THE WEBSITE
6.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
6.2 You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6.3 You shall not establish a link to our site in any website that is not owned by you.
6.4 Our site shall not be framed on any other site, nor may you create a link to any part of our site other than the home page.
6.5 We reserve the right to withdraw linking permission without notice.
6.6 If you wish to link to or make any use of content on our site other than that set out above, please contact us at Anxiety Ireland, 63 Claremont Cresent, Glasnevin, Dublin 11
These Terms are personal to you and you may not assign rights or obligations contained in these Terms or your rights related to the Website to any other party. We expressly reserve the right to assign these Terms and to delegate any of our obligations hereunder, in our absolute discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties in our absolute discretion and without your consent.
8. NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
9. HARM TO COMPUTER SYSTEMS AND DATA
You acknowledge and agree that we shall have no liability of any kind for viruses, worms, Trojan horses or other similar harmful components that may enter your computer by downloading information, software or other materials from the Website.
10.1 This Clause 14 prevails over all other provisions of these Terms and sets forth our entire liability in respect of: (a) the performance, non-performance, purported performance or delay in performance by us of our obligations under these Terms; and (b) these Terms or the entering into or performance of our obligations under these Terms.
10.2 You acknowledge and agree that we are not a healthcare provider. We cannot and shall not assume responsibility for or control over the Therapist Services, which shall at all times remain the responsibility of the Therapist. We shall not be responsible for any activity involving the provision by the Therapist of the Therapist Services.
10.3 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
10.4 To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
10.5 You acknowledge and agree that we are not responsible for:
- the accuracy, reliability, timeliness or completeness of the profile information of any Therapist, any personal data provided by you to a Therapist or any other data or information provided or received by you through the Website;
- the results that may be obtained from your or a Therapist’s use of the Website; or
- the cancelling or rescheduling of any appointment for the Therapist Services with a Therapist that is booked through the Website.
10.6 We shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise):
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (a) to (j) above),
whether arising out of, or in connection with, or in relation to these Terms or the performance of our obligations hereunder or any transaction or matter contemplated by these Terms.
10.7 Our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to our supply or non-supply or purported supply or delay in supply of services under these Terms or otherwise out of or in connection with or in relation to these Terms (including the performance of our obligations hereunder) or any transaction or matter contemplated by them shall be limited to the amount of Website Fees paid by you in the last 30 days, in aggregate. The limitation of Liability under this Clause 14 has effect in relation both to any liability expressly provided for under these Terms and to any liability arising by reason of the invalidity or unenforceability of any term of these Terms.
10.8 We shall not be liable to you in contract, tort or otherwise for any failure or delay in the performance of any of our obligations under these Terms which is caused by any event or circumstances beyond our control including any labour disputes between us and our employees.
If any provision of these Terms is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
12. LAW AND JURISDICTION
These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Irish law. Subject as provided below, the Irish courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and any non-contractual obligations arising out of or in connection with these Terms and we and you submit to the exclusive jurisdiction of the Irish courts for that purpose. Nothing in this Clause 16 limits our right to bring proceedings against you arising out of or in connection with these Terms:
- in any other court of competent jurisdiction; or
- concurrently in more than one court of competent jurisdiction.
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