Terms and Conditions

Last Updated: September 11, 2020

Please read these Terms and Conditions (“Terms” and/or “Terms and Conditions”) carefully before using the www.calmerry.com website (“Website”).

INTRODUCTION

Your access to and use of this Website are conditioned on your full acceptance and compliance with these Terms and Conditions and this Website Privacy Policy, which are published at www.calmerry.com and which are incorporated herein by reference (“Privacy Policy”). These Terms and Conditions and Privacy Policy are applied to all visitors, users, and others who access or use this Website. By accessing or using this Website, you agree to accept these Terms and Conditions and Privacy Policy. If you disagree with these Terms and Conditions and/or Privacy Policy or any part of them, you must not use this Website. Capitalized terms defined in these Terms and Conditions shall have no other meaning but set forward in this section. The following terminology is applied to these Terms and Conditions: “You,” “Your” and “User(s)” refers to You as a person accessing this Website and accepting these Terms and Conditions; “We,” “Us” and “Ourselves” refers to Website; “Qualified therapists,” “Expert(s)” means licensed, trained, experienced, and accredited professionals who are specialized in different kinds of therapy (psychologists, family therapists, clinical social workers, and professional counselors) who provide User(s) with online consulting services. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

ELIGIBILITY

By using our Services, you agree and warrant that:

  1. all registration information you submit to www.calmerry.com is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you are 18 years of age or older and/or have the full legal capacity to enter into legally binding relations; and
  4. your use of the Services does not violate any applicable law, regulation.

Your profile may be deleted, and the Services provided to you may be terminated without warning if we believe that you are under 18 years of age and/or do not have the full legal capacity to enter into legally binding relations.

GENERAL TERMS

Please note that these Services are only available and may only be used by User(s) who are 18 years and older who can form legally binding contracts under applicable law, as well as to perform payments related to Services under these Terms and Conditions. User(s) under the age of 18 can only use Our Services in conjunction with and under the supervision of a Parent(s) or guardians. In this case, Parent(s) or guardians are responsible for any and all activities of User(s).

By using our Services, you agree and warrant that:

  1. all registration information you submit to Website is truthful and accurate;
  2. You will maintain the accuracy of such information;
  3. You are 18 years of age and use Our Services only in conjunction with and under the supervision of a Parent(s) or guardians, or older and have the full legal capacity to enter into legally binding relations; and
  4. Your use of the Services does not violate any applicable law, regulation.

To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall control. Any express waiver or failure to exercise promptly any right under the Terms and Conditions will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms and Conditions is held to be invalid by any law or regulation of any government or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose. The other provisions of the Terms and Conditions will remain in full force and effect.

PROVIDED SERVICES

This Website may be used to connect you with the Expert(s) who will provide consulting services to you through the Website (“Services”). We require all Expert(s) providing Services on the Website to be licensed, trained, experienced, and accredited professionals who specialize in different kinds of therapy (psychologists, family therapists, clinical social workers, and professional counselors), or have similar applicable recognized professional certification based on their state and/or jurisdiction. Expert(s) must have a relevant academic degree in their field, hands-on experience, and have to be qualified and certified by their respective professional board after completing the necessary education, exams, training, and practice requirements as applicable. The Expert(s) are independent providers who are neither our employees nor agents nor representatives. The Website’s role is limited to enabling the consulting services while the Expert(s) themselves have the responsibility of the Expert(s) who provides them. If you feel the services provided by the Expert(s) do not fit your needs or expectations, you may choose a different Expert(s) who provides services through the Website. While we hope the Services are beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be suitable for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care for every specific situation.

IF YOU ARE THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE WEBSITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES, AND THE EXPERT(S) CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. THE WEBSITE IS NOT INTENDED ON THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION, AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR 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. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE WEBSITE.

You agree and confirm that your use of the Website, including the Services, are for your own personal use only, and that you are not using the Website or the Services for or behalf of any other person or organization. Please note that these Services may be provided only to the users who submit an appropriate order form at the Website and may charge fees for such Services. The Services are provided according to the provisions of these Terms and Conditions and the specific commercial provisions and policies (including Privacy Policy, etc.) as detailed on the Website, and these provisions and policies may be amended or changed from time to time.

WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH EXPERT(S) ON OUR WEBSITE IS A LEGITIMATE INSTRUCTOR, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF EXPERT(S) AND THE INFORMATION THEY PROVIDE VIA OUR WEBSITE. WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DON’T KNOW.

PLACING AN ORDER

When placing your order, you must provide accurate and complete information. You are solely responsible for any possible consequences and misunderstandings in case you provide us with inaccurate and/or incorrect and/or unfaithful information. Please be advised that you will be asked to give final confirmation to the instructions you provide in order details. Orders without instructions will not be worked on and may be delayed, and you take sole responsibility for such delays. You must not change the instructions once you have confirmed them. Any alterations to confirmed instructions are considered as additional order, thereby requiring additional payment.

PAYMENT

All payments are due upon receipt. If the payment is not received or payment method is declined, the Client forfeits the Services. All fees are exclusive of all taxes and/or levies, and/or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes and/or levies, and/or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you under these Terms. If you contact your bank or credit card company and decline or otherwise reject the charge of any payment, this act will be considered a breach of your obligation hereunder, and your use of the Services will be automatically terminated. The use of stolen credit cards and/or any credit card fraud is a serious crime.

By providing payment method information and authorizing payments, you warrant that:

  1. You are legally authorized to provide such information;
  2. You are legally authorized to make payments using the payment method.

As far as it’s allowed by applicable law, and according to our Privacy Policy, you acknowledge and agree that we may use third-party service providers to process payments (payment facilitators). In case you would like to save the payment method for future use, please read the following requirements introduced by Visa. More Information on card details storing: We are legally obligated to secure your consent to allow us to store your card details for future use. As per our policy, We cannot process your payment before you agree to such storing. What is a Stored Credential? A stored credential (your card details) is information (including, but not limited to, an account number or payment token, last four digits of your credit/debit card) that is stored by a payment facilitators to process your future transactions.

How long will card details be stored?

Payment facilitators will store your card details for 400 days since they are last used for successful transactions. How will your stored card details be used? You can initiate a card-absent transaction where you do not need to enter your card details as payment facilitators use the payment credential previously-stored to perform the transaction. Examples include a transaction using your profile or staged digital wallets.

Your card details can be used by payment facilitators to process your future transactions such as:

  1. Installment Payments: A transaction in a series of transactions that use a stored credential, representing your agreement for the payment facilitators to initiate one or more future transactions over a period for a single purchase of goods or services.
  2. Recurring Payments: A transaction in a series of transactions that use a stored credential and that are processed at fixed, regular intervals (that do not exceed one year between transactions), representing your agreement for the payment facilitators to initiate future transactions for the purchase of goods or services provided at regular intervals.
  3. Unscheduled Credential on File (UCOF): A transaction using a stored credential for a fixed or variable amount that does not occur on a scheduled or regularly occurring transaction date. You provide consent for the payment facilitators to initiate one or more future transactions. An example of such a transaction is an account auto-top up transaction.

Can these terms be changed?

Yes, but all changes in the permitted use will require your agreement. You will be notified of any changes to the consent agreement or any changes to the terms of use on your email and/or other contact details from your profile. For stored credentials used for the purpose of transactions in Europe, payment facilitators will provide notification for recurring transactions (seven business days) and UCOF transactions (two business days) before any change to the agreement, including date, amount, or how it is calculated.

USER(s)’ CONDUCT

You agree to use the Services and Website in a lawful, relevant, and proper manner to the applicable forum. Any use of the Website, in its sole discretion, considered inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. You shall not manipulate the price of any goods or services offered within the Services, in any manner. Furthermore, You shall not disrupt or otherwise interfere in any way with any other User’s use of the Services. By accessing our Services or any chat room, online discussion session, or other Service provided through our Website that allows users to communicate to other users (“Public Areas”), you agree to abide the following standards of conduct.

You agree that you will not authorize and will not facilitate any attempt by another person to use Our Website to:

  • Circumvent or manipulate our fee structure, the billing process, or payment owed to Website or the Expert(s); fail to deliver payment for items purchased by you;
  • Manipulate the price of any item or interfere with other Users’ Listings;
  • Use a name or language that this Website, in its sole discretion, deems offensive;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • Post hateful or racially or ethnically objectionable content;
  • Post content which infringes another’s copyright, trademark or trade secret;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Service, which are not related to the Services;
  • Post unsolicited advertising or unlawfully promote products or services;
  • Take any action that may undermine the feedback or rating system when it becomes available (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to us);
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity;
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
  • Exploit children under 18 years of age;
  • Engage in disruptive activity such as sending multiple messages to monopolize the forum;
  • Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use;
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
  • Scan or test the vulnerability of the Website or any network connected to the Website;
  • Reverse, look-up, trace or seek to trace any information on any other user of Website;
  • Obtain unauthorized access to any computer system through the Website;
  • Harvest or otherwise collect information about Users, including email addresses, without their consent;
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
  • Solicit personal information from children under 18 years of age;
  • Violate any federal, state, local, or international law or regulation;
  • Encourage conduct that would constitute a criminal or civil offense.

You may not (i) share your login credentials with any third party nor (ii) transfer your account to any third party. We are not responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your login credentials. You agree that you shall not rent, resell, or remarket the Website, or provide access to the Services to any third party. We are not responsible for losses or damage caused by your failure to safeguard your login and password. The Website may terminate any login credentials in its sole discretion. You will not be entitled to create a new account to access the Website if your prior login credentials have been terminated by the Website.

VERIFICATION

We may require you to provide us with personally identifiable information, and we may also legally consult other sources to obtain information about you. By accepting these Terms and Conditions, you authorize us to make any inquiries. We consider it necessary to validate the information you provide us with. We may do this directly or verify your information against third party databases or other sources. Essentially, verification procedure involves, among other things, confirming that the order is authentic and that the cardholder is aware of charges by making a phone call to them and in certain cases, by requesting some additional documents to be submitted for verification to our Risk Department. This procedure should be completed quickly and without delay to ensure the timely delivery of your order. Therefore, it is vital to provide accurate and valid phone numbers. Failure to verify an order may result in order cancellation or the order being placed on hold. You consent to our processing your personal information for the purposes of providing the Services, including for verification purposes as set out herein. You also agree that we can use such data for communicating with you for statutory and accounting purposes. You acknowledge that you have read and consented to the Website’s Privacy Policy.

DISCLAIMER

The materials on the Website are provided ‘as is.’ www.calmerry.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, www.calmerry.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Website or submit to us, or your breach or violation of the law or these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense of such claim.

LINKS

  1. You may be able to link from the Website to third-party sites, and third-party sites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising, or other materials, which may be provided by or through Linked Sites, even if they are owned or run by our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. Any reliance on the contents of a third-party site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
  2. You agree that if you include a link from any other website to the Website, it will open in a new browser window and link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our products or services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another site. You agree not to download or use images hosted on this Website on another site, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other site to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other site at any time upon written notice to you.

LIMITATIONS

In no event shall www.calmerry.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.calmerry.com, even if www.calmerry.com or a www.calmerry.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

GOVERNING LAW

Any claim relating to www.calmerry.com and our relationship with you shall both be interpreted solely following the laws of the State of Delaware, excluding any rules governing choice of laws.

INTELLECTUAL PROPERTY INFORMATION

For purposes of these Terms of Use and Privacy Policy, ‘content’ is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. By accepting these Terms and Privacy Policy, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of www.calmerry.com. You are only permitted to use the content as expressly authorized by us. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents, or information from this site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

COMMUNICATION

If you provide us with your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes or emails containing commercial offers, promotions, or special offers. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.

TESTIMONIALS

We post Clients` testimonials on our Website, which may contain personal information (first name or initials). Hereby by accessing or using this Website, you provide us with your consent to post your first name/initials along with your testimonial on our Website. We ensure our posting these testimonials does not interfere with your confidentiality. If you wish to request the removal of your testimonial, you may contact us at [email protected]

MISCELLANEOUS

These Terms and Conditions comprise the entire agreement between You and Us concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

NOTIFICATION OF CHANGES

We reserve the right to change these Terms and Conditions at any time, and your continued use of the Website will signify your acceptance of any adjustment, improvements and/or alterations to these Terms and Conditions. You are, therefore, advised to re-read these Terms and Conditions regularly.

NOTICE TO CALIFORNIA RESIDENTS

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors).

You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.