Terms of use
Last updated on: 01.09.2021
These Terms of Use govern the provision and use of the website and platform offered by Aepsy for the mediation of Psychological Providers. These terms of use may be supplemented by special conditions. Special conditions precede these Terms of Use: These Terms of Use as amended from time to time current version and the Privacy Policy in its current version.
Terms of Use.
Aepsy provides the Website and the Platform only under the unconditional Consent to these Terms of Use. If you do not agree with these Terms of Use, you may not access the Website or use the access the Website or use the Platform. By accessing the Website and using the Platform, you declare, that you have read and understood these Terms of Use in their entirety and agree to be bound by them in their entirety.
1 Definitions
Website: the website under the domain www.aepsy.com and all of its subdomains.
Aepsy: Aepsy AG, with its registered office in Zurich.
Platform: The totality of the services offered by Aepsy. Services for the mediation of psychological providers, including the website as well as the Aepsy app.
User: individuals who access the Website and/or use the Platform.
Psychological providers: The listed psychotherapists ("therapy") and psychologists ("psychological coaching") on the website and the Platform.
Counseling session: The psychological treatment agreed upon within the framework of the platform by the psychotherapists ("therapy") and psychologists ("psychological coaching").
. 2 Platform
2.1 Scope
The purpose of the platform is to connect users to psychological providers and to facilitate the delivery of counseling sessions:
- The user can register, create a user account, describe symptoms and provide other information. Based on the information provided, the user can be suggested to one or more psychological providers to arrange a counseling session.
- The user can view the profile pages of the psychological providers, if necessary search for other psychological providers and arrange a first, free telephone conversation and/or a first paid session.
- The user can arrange with the psychological provider of his choice a Counseling session online or in-person. Aepsy can provide functions such as (video) call or a chat function, in order to facilitate the implementation of counseling sessions. The psychological provider can contact users for whom he has been suggested.
- The user has access to a dashboard through which he can communicate with the psychological providers and manage his appointments and his user account.
- Aepsy can provide content on psychological topics on the platform. This content is provided solely for informational purposes and in no way replace the Consultation by a suitably qualified professional.
The platform is limited exclusively to the services listed under para. 2.1 (listed services). In particular, the provision of the consulting session(s) is not part of the platform and is subject exclusively to the contractual relationship between the psychological provider and the user. Aepsy does not offer the user any therapeutic or medical counseling services.
2.2 Remuneration
The platform is basically offered to the user free of charge.
However, the user is aware that the counseling sessions will be charged by the psychological provider. The respective psychological providers pursue their own pricing strategies. Aepsy endeavors to present the remuneration to the user as transparently as possible prior to the agreement of a counseling session. The user is solely responsible for ensuring that he/she can pay for the consultation session(s) and must and must clarify independently whether and to what extent the costs are covered by his/her the costs will be covered by his/her insurance.
Aepsy may also offer a number of premium membership plans, including memberships offered in conjunction with third parties. Some membership plans may have different terms and restrictions, which may be disclosed during the registration process or in other communications.
.
The User may pay for certain consulting sessions through the Platform and may choose from the available payment methods. In the gross price of the consulting sessions paid through the platform includes a commission for Aepsy, which enables Aepsy to provide the platform and to and to ensure a secure purchase process. The gross Price is inclusive of the statutory value added taxes.
3 Duties of the user
The user undertakes to provide accurate and truthful information when registering and under the agreement of consulting sessions to provide accurate and truthful information.
The user is aware that making an appointment with a psychological provider is binding and any failure to appear at an an agreed appointment must be notified in advance by a cancellation or postponement and it must be communicated to the psychological provider. The user is solely responsible for all financial and non-financial disadvantages caused by a non-appearance or a missed or defective cancellation or postponement.
The user may cancel free of charge the appointment up to 24 hours before the consultation session and already paid fees will be refunded. If a cancellation is not made 24 hours prior to the consultation session, the the fees for the consultation session will be charged to the user in full and a refund is excluded.
The user is within the scope of these terms of use as well as repeatedly on the website expressly pointed out that if he / she is in a in a life-threatening situation or any other emergency and / or is in need of urgent assistance, he/she should immediately contact the responsible institutions.
4 Duties of the psychological provider
Aepsy offers psychological providers the opportunity to contact Aepsy and if successfully recruited through the Platform to conduct psychological counseling sessions with Users. Aepsy reviews the requests and, if recruitment is successful, creates a personal profile for the psychological providers on the website and the the platform. As part of the recruitment process, psychological providers agree to be accurate and truthful information during the recruitment process. The psychological provider expressly agrees that his personal profile and the information contained therein are publicly vieawable on the platform. The psychological provider is aware and expressly agrees that Aepsy may advertise the platform and its contents and that and its contents and that in this context the personal profile as well as the information contained therein may be publicly viewable outside of the Platform.
The psychological provider is aware that Aepsy exclusively provides mediation services and is in no way responsible for the conduct of the counseling sessions. If a treatment contract is concluded between the psychological provider and the user, this does not result in any obligations for Aepsy and the psychological provider is solely responsible for the treatment of the user.
The psychological provider warrants at the time of registration as well as for and for the entire period during which he/she offers counseling sessions via the platform. offers, to have at least the following training:
- Therapists: federally or foreign recognized title in psychotherapy according to PsyG.
- Coaches: recognized training qualification in psychology according to PsyG, or the applicable law for coaches based in an EU/EFTA member state.
The psychological provider also guarantees, at the time of registration as well as for the entire period during which he offers counseling sessions via the Platform offers, to have the licenses and permits required to provide the relevant services.
5 Restrictions on usage
In addition to any other restrictions which may be set forth in these Terms of Use or otherwise specified, the following activities in particular are are not permitted:
- Copying, reproducing, modifying, selling, sublicensing and/or otherwise commercialize the platform and website as well as their contents;
- Removing, altering, circumventing or interfering with any copyright, trademark or other proprietary notices affixed to the Website, the Platform or the content contained thereon;
- Using the Platform or the Website in any manner that is or may be harmful
- Use of the Platform or the Website in a manner that interferes with the access of other users or psychological providers
- Use of the Platform or the Website in a manner contrary to applicable laws and regulations or in a manner that causes damage to the platform or the Website or any natural or legal person any harm
- Use of malicious software, including, without limitation, viruses, Trojan Horses or other malware;
- Performing data mining, data harvesting, data extraction, scraping or other similar activities in connection with the Platform or the Website or during the use thereof;
- Accessing the Platform or the Website through any automated System, including but not limited to spiders, offline readers, robots, etc., or any other means that may place an Infrastructure may place an unreasonable burden on;
- Use of the Platform or the Website to collect personally identifiable data;
- Circumventing measures that Aepsy has taken to prevent or restrict access to or use of the Platform or the Website; and may use; and
- Reverse engineering (or attempting to reverse engineer) any part of the Website, including the derivation of source code or the Creation of derivative works or materials of any kind using the content available on the Website.
6 Limitation of liability
6.1 Scope of the platform
Aepsy shall recruit Psychological Providers with reasonable diligence and requires confirmation at the time of recruitment that the Psychological Providers possess the required education, licenses and accreditations pursuant to subsection 4 of these Terms of Use. Aepsy cannot, however, guarantee that the above-mentioned requirements will be met requirements exist for the entire period of time during which the psychological psychological providers are listed on the platform. For the rest the treatment relationship exists solely between the psychological providers and the user and the psychological provider has the full responsibility for the responsibility for the conduct of the counseling session(s). Aepsy offers no guarantee for the quality of the counseling session(s).
Within the framework of the platform, only appointments with psychological providers can be which have been selected in advance by Aepsy and have been admitted to the service. Service have been approved. Within the framework of the platform can therefore not appointments with all psychotherapists and/or psychologists. psychotherapists and/or psychologists. The user is accordingly expressly advised that he or she must use the available industry directories and other sources of information sources of information if he or she wishes to find additional psychological providers. would like to make out.
Aepsy is in no way responsible for appointment cancellations by or Unavailability of psychological providers. As already mentioned in item 3, the user is advised that he / she should should not use the platform and that he / she should immediately contact the competent institutions, if he / she is in an emergency and / or on urgent emergency and / or is in need of urgent assistance. Aepsy can in no case guarantee that the user will be referred in time to a psychological psychological provider or otherwise be helped in a timely manner. can.
Certain features (e.g., video calls or chat features) may be provided by be provided by third parties. Aepsy selects these carefully and obligates them to take all reasonable measures to ensure secure and reliable secure and reliable communication. Users and psychological providers are aware, however, that no mode of transmission can guarantee complete security and reliability and reliability and, accordingly, Aepsy is not responsible for the timely timely and complete transmission of data from User to psychological Psychological Provider and vice versa.
6.2 Use of the platform and the website
The Platform and Website, together with all content, data, information and materials contained therein, "as is. " and "as available" made available. All information provided is obtained from sources that have been carefully selected and deemed reliable sources. Aepsy however, makes no warranty, express or implied, warranty of any kind with respect to the timeliness, accuracy accuracy, reliability, completeness or fitness for a particular purpose. Fitness for a particular purpose of the information.
The user is aware that the use of the website and platform require a functioning Internet access. Aepsy guarantees that the platform or the website as well as individual parts thereof will be parts thereof will function and be accessible without error at all times and accordingly and is not liable for the complete faultlessness and continuity of the continuity of the Platform and Website. Aepsy undertakes all reasonable reasonable measures to protect the data of users and psychological psychological providers. However, they are aware that no measures can measures can guarantee complete security and, accordingly Aepsy accepts no responsibility for any loss of data. any loss of data. For more information about how Aepsy personal data can be found in the privacy policy. can be found.
Aepsy disclaims any liability for any and all direct and indirect damages including pure financial losses arising from the use of the platform and Website, to the extent permitted by law. Mandatory legal Provisions remain reserved.
Users and psychological providers agree, Aepsy fully indemnified and held harmless from and against any and all liabilities, costs, claims, causes of action, damages and expenses arising in any way in connection with your breach of any of of any of the provisions of these Terms of Use.
6.3 Third Party Content and Links
The Platform and Website may contain third party content and links to third party websites Third Parties. Aepsy assumes no responsibility for and makes no guarantees, warranties or representations of any kind with respect to third party Third Party Websites and their content. Aepsy disclaims any liability in this in this context. Should Aepsy become aware of any infringements of the law the corresponding links or contents will be removed as soon as possible. removed.
7 Intellectual property
Aepsy (and any licensors) owns and retains all rights, title and interest in all information and content (including all text, data, graphics and logos) on the website. website. This also includes the design and structure of the website and the platform. Without prior written permission Information, text, graphics, images, video clips, directories, databases, data, listings or software that originate from the website may or software originating from the Website may not be modified, copied, transmitted, distributed, displayed distributed, displayed, performed, reproduced, published, licensed, created derivative works from, transmitted or otherwise used, in whole or in part otherwise used, in whole or in part, for any purpose, commercial or otherwise. commercial or other purposes. All rights are reserved. Systematic retrieval of content from the website for any purpose without any purpose without prior written permission is prohibited.
The user is granted only a limited, non-exclusive, non-transferable, non-commercial and purely for internal purposes, subject to the following purposes only, subject to the limitations provided for in these Terms of Use and any further restrictions, to use the website and the platform. Platform.
8 Privacy Policy
The protection of the privacy of users is of central importance. Accordingly, Aepsy only collects personal data from users and psychological providers, insofar as this is necessary for the provision and improvement of the platform and website. Comprehensive information on the collection and processing of personal data by Aepsy can be by Aepsy can be found in the Privacy Policy.
Users are particularly aware that by using the Platform particularly sensitive data about their health may be collected and the may be collected and users expressly consent to this. Further, the the users agree that this data may be transmitted to psychological providers providers, who, in connection with their participation in the platform, undertake to platform, to use these data within the scope of their careful professional professional practice and in compliance with professional secrecy. treat.
9 Changes
Aepsy reserves the right to change these terms of use at any time. changes at any time. Amendments will be posted on the Website and may, at Aepsy's Aepsy's discretion, may also be additionally communicated to users and psychological Providers otherwise at the discretion of Aepsy. For existing users and psychological psychological providers shall be deemed to have accepted the changes, unless they have do not expressly reject the changes within 5 days after the changes are posted on the on the website. Aepsy has the right to terminate users and psychological providers who reject changes from the platform at any time. Platform at any time.
10 Final provisions
If any provision or provisions of these Terms of Use shall be (in whole or in part) unlawful, void or otherwise unenforceable, the other otherwise unenforceable, the other provisions of these Terms of Terms of Use shall remain in effect mutatis mutandis.
These Terms of Use are governed by Swiss law to the Swiss law, to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). Competent for all disputes arising out of or in connection with these these Terms of Use are exclusively the ordinary courts at the registered Aepsy AG's registered office.
11 Contact
If you have any questions about these terms of use, please contact please contact:
Aepsy AG
Seilergraben 53, 8001 Zürich