The Company may revise this Agreement at any time by updating this document. Upon such update, you will be emailed notice with a link to the new Agreement. Your continued use the Site after such update will constitute your acceptance of the changes. BY ACCESSING, ENGAGING, USING, OR REGISTERING FOR ANY PART OF THE SITE OR THE SERVICES OF THE COMPANY, YOU ACCEPT THIS AGREEMENT IN ITS ENTIRETY AND WITHOUT MODIFICATION.1.Use of the Site
You warrant that you have agency to use and contract with the Company. You agree not to use the Site or any services of the Company if it is prohibited in your jurisdiction.
The Company is committed to protecting our users and therefore complies with the Children’s Online Privacy Protection Act (“COPPA”). If you are accessing the Site to create an account for a child younger than 18 years of age (the "Child User"), you:
warrant that you are the parent or legal guardian of the Child User and give express permission for the Child User to use the Site and its services;
acknowledge that you may contact the operator of the Site responsible for collecting personal information at: Welivise, Inc, 4300 W Lake Mary Blvd #1010-162 Lake Mary, FL 32746. Management@welivise.com;
acknowledge that you will give verifiable parental consent in the form of credit card verification prior to each Transaction (as defined below) for the collection of personal information from the Child User;
agree to contact the Company if you wish to terminate the use of a Child User.
For the consideration contained herein, we grant you a limited, non-transferable, non-exclusive, personal license to use the Site for its intended purposes.
We may restrict your access to Site or limit or revoke your personal license at any time without notice and for any reason, including:
activity which could be deemed illegal in any jurisdiction;
misuse of intellectual property;
disrupting, or attempting to disrupt, the Site's or Company's security, service, or communications;
nonpayment for services;
non-verification of a child user as required by COPPA.
You agree not to alter, modify, publish, sell, share, or in any other way distribute content, or derivative works thereof, from the Site. You agree not to data-mine, utilize spiders or robots, or use any methodology to catalog or image any portion of the site or disrupt service.
You agree to use the Site solely for personal, noncommercial use.
You will be required to create a username and password to fully utilize the Site. You agree to keep these login credentials confidential.
You warrant that all information provided by you to the Company is accurate and truthful. You agree to indemnify, defend, and hold harmless the Company for any use of your account or the account of a Child User for whom you are responsible.
You acknowledge that any intellectual property used on the Site or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “Welivise," for any purpose other than those expressly permitted in this Agreement. The Company retains full rights to all intellectual property.
You agree not to share, copy, transmit, sell, or in any other way distribute on the Site any intellectual property to which you do not own the rights.
The Site offers you or your Child User ability to schedule appointments ("Sessions") with mental health professionals ("Service Providers"). While the Company screens the credentials of the Service Providers, the Site in no way guarantees the effectiveness of the Sessions. Service Providers are not employees or agents of the Company and, as such, we have no control of their provision of services and shall not be held responsible for any act or omission of any Service Provider. The Company shall not be involved in any treatment of any kind.
The Site charges a fee for booking a Session (each such booked Session a "Transaction"). By booking a Session, you agree to the payment amount and terms listed for the Transaction, and further agree that if the Session is booked for a Child User, your credit card verification in connection with Transaction shall be considered verifiable parental consent as that term is understood under COPPA.
Transactions may be completed online through the use of third party payment processing services ("Processors") utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. Neither the Company nor the Processors shall be responsible for any distribution of your credit card information.
All prices noted within the site are in United States denominations unless expressly designated otherwise.
Due to the personalized nature of arranging a Session with a Service Provider, the Company is not responsible for any delay or failure in arranging the Session through fault of you or the Service Provider. However, if the Session is canceled through the Site's online cancellation system by either you or the Service Provider 24 hours or more prior to the Session, you will be issued a full refund for the Transaction. In the case of a refund, your credit card shall be credited with the full refunded amount within a reasonable amount of time.
The Company is not responsible for typographical errors or inaccuracies as it relates to services available on the Site. Pricing is subject to change at any time without notice.
You may cancel your account or the account of a Child User at any time by accessing your account on the Site and following the cancellation procedures outlined therein.
The Company may cancel your account at any time without notice. Upon cancellation no refunds shall be due for previous payments.
Sessions are provided using a variety of interactive audio and video technology, where you or the Child User and the Service Provider are not in the same physical location. When you or a Child User participates in a Session, details of your or your Child User's health, medical, and therapy history and information may be discussed with through the use of interactive video, audio and other telecommunications technology, and if licensed to do so, the Service Provider may provide a physical examination remotely.
The Sessions provided are not intended to replace a primary care physician relationship. Further, in an emergency (or if recommended by a Service Provider), you or your Child User should immediately seek nearby medical help.
Your first Session with any Service Provider will begin as a consultation and will not necessarily give rise to an ongoing treatment relationship. However, you may enter into an ongoing treatment relationship if you or your Child User and the Service Provider wish. We may make arrangements for follow up care either through the Site or through other healthcare providers.
As with any form of counseling, therapy, or medical care, there are some risks associated with utilizing the Site to undertake Sessions. These risks include, but may not be limited to:
online video conferencing hardware of software may be susceptible to downtime or failure. This could delay your access to a Session or your treatment. If this happens, you may be contacted by phone or any other available method of communication.
a lack of access to all of your health, medical, or treatment records may result in adverse drug interactions, allergic reactions, or improper treatment;
while we strive to incorporate adequate security devices to guard your information, security measures are not absolute and a failure could cause a breach of privacy of personal health information; and
information transmitted to a Service Provider may not be sufficient to allow for appropriate diagnosis or treatment.
You verify that you are the custodial parent or legal guardian of the Child User and hereby give permission to Service Provider and its students, interns, clinic, and counselors (as applicable) for treatment of your Child User. You also affirm that as custodial parent or legal guardian, you have the legal right to consent to treatment. This treatment may include individual, family, or group psychotherapy, counseling, and testing. This treatment may include consultations with other therapists as needed. You also give permission for your Service Provider to contact anyone she or he needs to contact to gather data for assessment purposes and to facilitate the treatment of your Child User, you, and your family.
You hereby represent that you are an applicant for therapeutic services or are a representative or guardian for an applicant for therapeutic services, whose name is attached to your account as a Child User, and you expressly permit the Service Provider to administrate therapy.
The therapeutic relationship between you or the Child User and the Service Provider is held in the strictest confidence and neither records nor will information be released to anyone without your informed and signed consent. Notwithstanding the previous sentence, there are certain legal limits to confidentiality which include the following:
If the client or guardian indicates a desire to hurt themselves or another person, the Service Provider has a duty to ensure others safety, and thus confidentiality will be waived.
If a minor, elderly person, or disabled person indicates they have been physically or sexually abused or neglected, the therapist is required by law to report this to the appropriate authorities and confidentiality will be waived.
If a judge issues a court order for release of records or information, or a release of information is required by law, the Company or the Service Provider may comply and confidentiality will be waived.
The Company shall in no way be responsible for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or services of the Company including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, your use of the Site, and your violation of any statute, regulation, ordinance, code, or agreement.
Without limiting the generality of the foregoing, the Company makes no warranty as to the content of any Session. You and your Service Provider are solely responsible for all information shared during a Session or otherwise. If you require urgent care, please contact your local emergency services immediately.
Any dispute or claim arising out of or relating to this Agreement shall be adjudicated by binding arbitration. You understand that you are waiving your right to a trial. Such arbitration shall be administered by the American Arbitration Association, or if is no longer in existence, a similar such organization chosen in good faith by the Company. The arbitration panel shall consist of one arbitrator, chosen by the American Arbitration Association. Such arbitration shall take place exclusively in Seminole County, Florida, and shall be governed in all respects by Florida law, without regard for the conflict of laws.
You agree to waive your right to participate in any class action, including a class or group arbitration.
Notwithstanding the terms of this Section 6, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction to prevent (1) the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights or (2) actual or threatened tortious interference with a business relationship or contract.
The Company may provide you with messages regarding the Company, the Site, or its business partners via email or SMS message. You hereby expressly consent to receive such messages, and further consent that by typing your name when registering for the Site, that you have electronically signed your name agreeing to such.
Any delay or failure of the Company to exercise or enforce any portion of this Agreement shall in no way constitute acquiescence or a waiver of rights.
We value the security of our clients and screen for fraud on a regular basis. We reserve the right to refuse to process any Transaction if we suspect fraud or misuse of financial information.
Notice may be sent to the Company at the below address.
4300 W Lake Mary Blvd,#1010-162
Lake Mary, FL 32746