The current Terms and Conditions apply to the use of products and services provided to the users and customers of the web-based platform Heal and Learn, owned by Kaltenhauser Online GmbH & CoKG, VAT Number: ATU71071626 (Company). The Terms and Services regulate the relationship between the Users and the Company.
I. GENERAL PROVISIONS. MAIN DEFINITIONS
1. Heal&Learn is a web-based system that enables duly registered users to directly contact Consulting Professionals online, who offer and deliver services that are exemplified, and are not limited to those in Section III of these Terms and Conditions (online consultation).
2. Heal&Learn performs the administration and the mediation in the process of payment of the service selected by the duly registered user, provided by the respective Consulting Professional.
3. Heal&Learn is a provider of technology that facilitates the access, billing and payment of online consulting services (provided by Consulting Professionals) through the platform.
5. Consulting Professionals are persons holding a qualification/degree in psychology, as well as Consulting Professionals, counselors, mediators, family therapists, personal and career development specialists and other specialists (please refer to “Consulting Professionals” below).
6. Consulting Professionals are not Heal&Learn employees. The Consultant has personal and full responsibility for the quality of the service one provides.
7. Consulting Professionals offer and provide services that are exemplified and are not limited to those in Section III of these Terms and Conditions.
8. Consulting Professionals provide their services against a fixed fee, which is specified individually for each consultant in one’s personal profile. In some cases the service may be provided as a part of package that includes the services of other consulting professionals, and digital content products.
9. The services subject to these General Terms and Conditions provided by the Company to the User include services previously designated by the Company and as being available under a particular usage regime.
10. The products subject to these General Terms and Conditions include products previously designated by the Company and available under a certain use/ provision scheme.
11. “User”, within the meaning of these General Terms and Conditions, is any legally enforceable physical or duly registered legal entity. Consumers within the meaning of these Terms and Conditions are two types:
a. Registered – users who register on the Heal&Learn website by duly completing a registration form.
b. Unregistered – Users who visit the Heal&Learn page without performing registration actions.
12. “Site/ Platform” means an internet resource consisting of files, programs, text, sound, pictures, images and/ or other materials available through the Heal&Learn.com domain.
13. “Direct marketing” – advertising or other communications for the supply of goods and services, by mail, telephone or other direct means.
14. These Terms and Conditions are published on the Heal&Learn.com website and are deemed to have been accepted by the User with the fact of entering the Website.
15. “Partner” is any person with whom the Company, owner of Heal&Learn, is in a contractual relationship, which is entitled to provide additional information about the goods and services it provides to the registered Users of the website.
II. REGISTERED USERS. USER NAME AND PASSWORD
1. In order to use the services and products provided by Heal & Learn, the User is required to register in advance by filling in the registration form on the Heal & Learn website and by agreeing to these Terms and Conditions.
2. By ticking off the “I agree with the General Terms” field and clicking on the virtual button “Registration”, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act. By this statement the User declares that he/ she is familiar with these Terms and Conditions, accepts them and is obliged to observe them.
3. Each user must indicate a valid email address for correspondence and agree that any future correspondence between him/her and Heal & Learn should be made electronically at the email address he/she has specified.
4. By registering with Heal & Learn and acquiring the quality of a “Registered User”, each User has access to the products and services offered by Heal & Learn.
5. The User ensures that the data one provides during the registration process is true, complete and accurate, and that, when changed, will update them in a timely manner. In the event of inaccurate data being provided, Heal & Learn is entitled to terminate or suspend the provision of services as well as the maintenance of the User’s registration.
6. When filling in the application form, the User specifies a Username and a Password for access to products and services. In case the selected User Name is already occupied, the User should choose another one that is not registered by another User.
7. Heal & Learn is not responsible for the registered User name, which may affect the rights of third parties, in particular the right to name or other personal rights, the right to a trade name (trade name), trademark rights or other intellectual property rights.
8. The User bears full responsibility for the protection of one’s Password, as well as for all actions performed by it, or by a third party using the Password.
9. Upon successful completion of the registration process, the User has a way to secure one’s legitimacy in front of third parties by using one’s Heal & Learn account.
III. SERVICES PROVIDED AND SUPPLIED BY CONSULTING PROFESSIONALS
1. Coaching, consulting, counseling and therapy in the field of mental health, concerning the mental, spiritual and physical health of the person, and the personal and career development, realized through a consulting session (s), carried out by Consulting Professionals. This includes consultancy services related to the personal, family and professional development of Consumers, for the sake of brevity called “online consultation”;
2. Online consultations are provided for a set fee by a Consulting Professional at the time of purchase of the service, or paid in advance as a part of a subscription package.
3. “Express consultations” are online consultations offered without prior booking. Each Consulting Professional indicates, whether he/she is available for “Express Consultations”.
4. Services offered and provided by Consulting Professionals do not include the provision of medical care, mental health services, or professional services outside the scope of the services provided through Heal&Learn, describer in point 1 of this section.
5. Each Consultant is personally and completely responsible for the quality of the service he/she provides.
IV. PRODUCTS AND SERVICES PROVIDED ON AND BY HEAL& LEARN
Heal & Learn provides its Registered Users the right to use free of charge, or to purchase products that are various in nature and content.
2. Products provided by Heal & Learn are:
a. Video and audio clips and programs aimed at self-help and self-learning;
3. Heal & Learn provides an opportunity for Consultative Professionals to create and develop their own profiles describing their professional competences, acquired qualifications and degrees of education, and any other information regarding their services and any other information.
4. Heal & Learn is not responsible for the authenticity, infringement of third-party rights, trademark rights or any other intellectual property rights of the information posted by the Consultants in their individual profiles.
5. The Heal & Learn platform also provides the following services:
a. facilitation of online communication between Users and Consulting Professionals;
b. provision of a schedule of available hours and confirmed appointments;
c. sending of reminders for upcoming appointments per email to both User and Consulting Professional;
d. processing of the online booking/purchasing for the services/products, selected by the User. Processing of other services related to the support/ administration of the online consultations;
e. administration of the process of payment of the due remuneration to the Consulting Professional, for which payment is made by the User;
f. providing information about Heal & Learn services and products.
2. By entering Heal & Learn through the Heal & Learn.com website, the User declares that one is familiar with these Terms and Conditions, and that one expresses explicit informed consent to receive the requested services and products. The User thereby agrees to abide by these Terms in the use of Heal & Learn, any link and section thereof.
3. The Terms and Conditions are applicable to both the current configuration of the site and any changes made to it in the form of additional modifications, deletions, or adding new links, sections, and more.
4. Heal & Learn reserves the right to unilaterally modify, amend and add these General Terms and Conditions and is not required to expressly notify the User. Any changes to the Terms and Conditions that Heal & Learn will make will be posted on this page and each User has free access to them. Changes take effect as soon as they are published.
5. If the User explicitly decides to reject the changes by duly submitting a written notice to firstname.lastname@example.org, it is considered that the contractual relationship between the parties is terminated and the Company has the right to deactivate or delete the username and password to access the User’s profile.
6. Heal & Learn may change or terminate any aspect, service, or feature of the Heal & Learn site at any time, including, but not limited to, hours of availability, as well as equipment (hardware and software) required to access or use the website.
7. Heal & Learn is not responsible for any losses, direct or indirect damages, and lost profits resulting from changes in the Terms, products and services, and any other changes in the Heal & Learn content.
8. Heal & Learn Partner Services can also be found on the platform site. Heal & Learn is not responsible and is not a party to any contracts entered into between the User and any third-party partners of Heal & Learn.
9. Heal & Learn is under no obligation to control the manner in which the User uses the services provided and is not responsible for the purposes and activities of the User in connection with the use of the Services. Heal & Learn is under no obligation to monitor the information stored on the platform’s servers or made available in the provision of the services, nor to seek facts and circumstances indicating that the User has committed an illegal activity by using the services and products.
10. Heal & Learn has the right to place on any of the pages of the Site, electronic links, advertising banners and other advertising forms for goods and services offered by Heal & Learn, or third parties, as well as electronic links and banner ads pointing to websites located beyond the control of Heal & Learn. Heal & Learn is not responsible for the content, truthfulness and legality of such websites, or for products and services or for products and services that have been made available to the User when using Heal & Learn.
11. Heal & Learn collects and uses information for the purposes of direct marketing, promotions, organizing raffles, queries, surveys. For statistical purposes, by providing site-specific information to advertisers/ advertising agencies, or third parties who keep statistics on clicks and other actions by users on their advertising banners and links, compile internal statistics.
12. Any User may use the services of the Site and the information therein for personal/ non-commercial purposes only, agreeing that the information posted on the Site may not be a basis for making any claims to Heal & Learn and its owner.
13. The use of any information, or any other kind of content by Heal & Learn for commercial purposes is prohibited. This includes copying, reproducing or publishing part or all of the information system on the Site, unless expressly agreed in writing by Heal & Learn.
14. The user undertakes to use the services of the site in compliance with the legislation, good morals, morality, established Internet ethics and not to act maliciously in the meaning of these General Terms and Conditions. Heal & Learn has the right to terminate unilaterally and without notice the access to the provided services to a User who does not meet these requirements.
15. Heal & Learn informs the Users that the authors who publish information and articles on the website express their personal opinions on various issues. Heal & Learn is not responsible for the authenticity, infringement of third-party rights, trademark rights or other intellectual property rights of the information and articles published by the authors on the website.
16. All Rights Reserved. The entire information system, resources and materials of the site are protected under the Copyright and Related Rights Act and are owned by Heal & Learn or its partners and clients. In the use of the services and products subject to these Terms and Conditions, the User has access to a variety of content and resources that are subject to copyright or other intellectual property rights of Heal & Learn, other users or the persons specified therein.
17. The User is not entitled to remove the trademark and affiliation of another intellectual property right from the available materials, regardless of whether the holder of the respective rights is Heal & Learn or any other person. The User’s right of access does not include the right to copy or reproduce information and to use intellectual property objects, unless it is a small amount of information for private use.
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and obligations of the Platform Heal & Learn
1. A successful user registration does not oblige Heal & Learn to provide the services and products subject to these Terms and Conditions.
2. Heal & Learn undertakes to refund any sum of money paid by the User for the provision of a service or a product that Heal & Learn, or a Consulting Professional has failed to provide. The User undertakes to notify Heal & Learn in writing to email@example.com within 7 days from the day, on which he/she should have received the service/ product. Heal & Learn refunds the amount within 14 days of receiving the written complaint/ notification.
3. Heal & Learn does its best to keep the platform in good working order, to maintain true and accurate content, without excluding the possibility of objectionable inaccuracies, or omissions. Heal & Learn does not guarantee that the services provided are unaffected by computer viruses and malicious third-party attacks that violate the normal operation of computer systems. Heal & Learn is not responsible for the consequences, including any damages (caused to software, hardware or telecommunication equipment, and/or data loss), caused by or in any way related to the access, use or inability to use this site.
4. In the event that the User infringes Heal & Learn’s intellectual property rights, the Company has the right to disable or erase the username and password for accessing the User’s profile.
5. If the User uses Heal & Learn to distribute commercial or other trade information without the express permission of Heal & Learn, the Company shall have the right to disable or delete the user’s username and password to access the User’s profile.
6. If the User uses Heal & Learn to distribute unauthorized information, the Company has the right to disable or erase the username and password for accessing the user’s profile.
7. Heal & Learn has the right to install Cookies on the Registered User’s computers. The latter are small text files that are saved from the Web site through the Internet server on the Registered User’s hard disk and enable the recovery of User information by identifying him/her through the Heal & Learn system.
8. The Company reserves the right to discontinue the provision of specific Services available through Heal & Learn after giving notice, by publishing a message on Heal & Learn, or by sending an email message to the Registered User.
9. Heal & Learn is not responsible for any actions/ activities, and/ or omissions of Consulting Professionals in connection with the services provided by them.
Rights and Obligations of the User
10. The User is entitled to access the Services provided through Heal & Learn, subject to the present Terms and Conditions.
11. The user has the right of access and edit one’s personal data provided by filling in a registration form.
12. By using services related to the User’s participation in forums, blogs, or other communication on the Heal & Learn Website, the User undertakes to comply with the following requirements:
a. not to put/ use Heal & Learn obscene, offensive, defamatory, threatening or other texts and/ or images detrimental to the honor and dignity of other Users, or the reputation of Heal & Learn, including the publication of pornographic material.
b. not to place commercial, ad text and/or images, and off-topic messages on the Heal & Learn website.
13. By publishing opinions, materials and content in any form and format on the Heal & Learn website, the User grants Heal & Learn the right to use, record, store, publicly disseminate them on the Internet, including offering unlimited access without any reward for that.
14. In the event that User’s submissions, content, and materials include intellectual property objects, the User declares that he/she is the holder of the respective intellectual property rights, or has the right to use the relevant materials in the manner specified in these General Terms. Heal & Learn bears no responsibility in the event of a breach of such rights,
15. Heal & Learn does not owe compensation to the User for publishing third-party content.
16. The user is solely responsible to ensure one has the necessary computer/mobile device equipment and software, and required Internet access for the use of the services/products, provided by Heal & Learn.
17. In cases of internet connection failure that makes it impossible to conduct a quality online consultation, the User and the Consultanting Professional, each separately, submit a notice to the platform asking to reschedule the online consultation. The new consultation can take place after obtaining approval from the Platform and entering the new time, saved in the counselor’s calendar. In this case, no payment is due by the User. In case the online consultation has begun and there is an internet connection failure, other communication platforms (skype, viber, whatsapp, or other messangers) may be used to complete the consultation.
18. By using the services provided by the Company each User agrees:
a. to comply with the Austrian legislation, the applicable foreign laws, the present Terms and Conditions, morality and good manners;
b. not to violate the good name of another, and not to call for a violent change in the constitutionally established order, to commit a crime, to use violence against a person or to spur racial, national, ethnic or religious enmity, not to preach fascist or other antidemocratic ideology, not to infringe any physical or intellectual property rights;
c. not to store, or use in any way, nor to disclose to third parties information, data, text, sound, files, software, music, photographs, graphics, video or audio materials on the Heal & Learn server, as well as any other materials:
– contrary to the Austrian, or to the applicable foreign law, containing a threat to life and human integrity, with pornographic content or any other content that threatens the normal psychological development of the person, or that violates the moral and ethical norms;
– that have a promotional purpose, are of commercial or of professional secrecy, or any other confidential information that is subject of intellectual property rights of third parties, except with the consent of the rightholder, and any other materials and resources violating any proprietary or non-material rights or legitimate interests of third parties;
d. to immediately notify Heal & Learn of any breach or breach committed in the use of the services and products provided; not to interfere with the proper operation of the system, not to hinder another User’s identification procedure, not to harm or impede the availability, reliability or quality of the services with respect to other Users, and not to use the services and products in a way that causes User’s rejection of the Platform’s services and products.
19. In the event of non-compliance with the terms of these Terms and Conditions, Heal & Learn is entitled immediately and without prior notice to deactivate or delete the user’s profile, as well as to seek compensation for all damages and lost profits caused by the User.
20. If the User violates the above Terms, the User bears full and complete responsibility in accordance with the applicable Ausrian or foreign legislation.
21. The user agrees to pay in advance a fixed remuneration, stated individually in the personal profiles of each Consultanting Professional for the provision of their services.
22. The User agrees and acknowledges that he owes/foregoes any amount of prepaid monetary remuneration for the service selected and omitted by the fault of the User, if he does not cancel or re-schedule an online consultation at least 24 hours in advance.
23. If the selected service includes the possibility to provide online consultation to persons under the age of 18, the registered user must be a parent or legal representative – guardian or tutor of under 18 – year olds, or of partially or fully handicapped persons. Certification of the quality of a legal representative or parent of the Registered User is performed by presenting the relevant documents to the platform, according to the established order of communication.
24. The User shall indemnify Heal & Learn and all third parties for any loss or damage suffered, including any material sanctions, lawyers’ fees and other costs incurred as a result of claims and/or benefits owed to third parties when using Heal & Learn’s services/products by making materials available to third parties, or made available by using the services provided by Heal & Learn, in violation of Austrian law, the applicable foreign laws, the present Terms and Conditions, the good will and etiquette.
25. The User expresses his explicit knowledge and consent that the contract between him/her and the Site is in effect with the receipt of confirmation of purchase of a service/product.
26. In view of the nature of digital content, the User expresses his explicit knowledge and consent that by receiving access to the selected digital product, he/she loses his/her right to return the digital product and to get reimbursed for its purchase, unless otherwise specified in the individual product offer.
Rights and duties of the Consulting Professional
27. The Consulting Professional is entitled to a monetary remuneration, that he/she states on his personal profile for the services he/she offers.
28. The successful registration of a User does not oblige the Consulting Professionals to provide the services they offer on the Platform. Even after confirmation of purchase of a service, provided by a Consulting Professional, he/she may determine, at his own discretion, that the selected online consultation (service) is inappropriate for the User concerned and refuse to provide it. In such a case, the prepayment fee shall be refunded in full to the User within 14 days of the date of the Consultant’s refusal is made in the established order, by sending an email/notification to the specified email address for correspondence with the User and to HealnLearn to request the processing of the refund.
29. The Consulting Professional has the right to cancel a consultation no later than 24 hours before the scheduled appointment, by notifying the User per email. In this case, the Consulting Professional may offer an alternative time for the appointment. If the User refuses to accept the rescheduling, Heal & Learn undertakes to refund the fee paid by the User. The refund will be processed within 14 days of the date of the submitted request by the User made by sending a letter to firstname.lastname@example.org.
30. The Consulting Professional has the right to communicate with the User to determine his/ her health and psychological status, on the email address specified by the User at the time of registration.
31. The Consulting Professional shall declare the amount of remuneration to be paid for the provision of services offered on his/her user profile.
32. The communication between the Consulting Professional and the User is subject to the generally accepted rules of secrecy of correspondence.
33. Each Consulting Professional agrees to provide a quality service depending on the services he/she offers, listed in his/her profile page on the Platform.
34. Each Consulting Professional is personally liable for failure to provide a service on his/her behalf.
1. Heal & Learn does not bear responsibility to the User for:
a. losses, foregone benefits and other damages borne by the User as a result of one’s use of Heal & Learn’s services, or the inability to use these;
b. inability of the User to use any single service; claims by third parties against the User against or in connection to the use of the Services.
2. Heal & Learn takes care that the information on Heal & Learn is always kept up-to-date but does not guarantee the authenticity and completeness of the content and does not commit to deadlines for updating the information. Heal & Learn is under no obligation and does not guarantee that the services provided will satisfy the User’s requirements or that they will be uninterrupted, timely or secure. By accepting these Terms and Conditions, the User declares that the use of the service will be entirely at one’s own risk and liability and the parties agree that Heal & Learn is not responsible for any damage caused to the User in the use of the provided service, unless caused by Heal & Learn deliberately or by gross negligence. Heal & Learn is not responsible for the information contained in the Heal & Learn platform and for the User’s activity.
3. Heal & Learn shall not be liable for any failure to use the Services in circumstances outside its control – cases of force majeure, incidental events, Internet problems and the provision of services beyond Heal & Learn’s control and in case of unauthorized access or intervention third parties in the functioning of the information system or server.
4. Heal & Learn shall not be liable to the User and third parties for any damages or loss suffered as a result of the termination, suspension, alteration or limitation of the Services, deletion, modification, loss, inaccuracy, inaccuracy or incompleteness of messages, materials or information, transferred, used, recorded, or made available through Heal & Learn.
5. The Parties agree that Heal & Learn is not responsible for failing to provide the Services or for providing them with any deterioration due to tests performed by Heal & Learn for the purpose of checking equipment, links, networks, etc., as well as tests aimed at improving or optimizing of the Services provided. In these cases, Heal & Learn will notify the User in advance of any possible temporary failure or degraded service quality by posting a message on Heal & Learn.
6. Payments of the due remuneration for the provision of services and/ or products previously ordered by the User shall be made using the following payment systems: Paypal, Visa and Mastercard, the last two administrated by Mpay24. Each User chooses a payment system.
VIII. PERSONAL DATA AND CONFIDENTIALITY
1. The company Kaltenhauser Online GmbH & CoKG, VAT Number: ATU71071626, owner of the platform Heal & Learn, is a data controller registered under the Personal Data Protection Act.
2. The Company pays due care and is responsible for protecting the User’s information that has become known to him regarding the provision of the services and products subject to these General Terms and Conditions, except in cases of force majeure, accidental occurrence or malicious actions of third parties.
3. The Company undertakes not to disclose any personal information about the User and not to disclose the information gathered to third parties – state bodies, commercial companies, natural persons, etc., except in the following cases:
a. the User has given one’s explicit concent at the time of registration or at a later date;
b. the information is required by government bodies or officials who, under current law, are authorized to request and collect such information in accordance with statutory procedures;
c. other cases stated in the law.
4. In the User registration form, the Company shall indicate the mandatory or voluntary nature of the provision of data and the consequences of the refusal to provide it. By completing the registration form, the User agrees that the information about him/ her will be processed in the manner prescribed.
5. The Company has the right to collect and use information about its Users when the person is registered as a Registered User. The information by which the person can be identified may include name, surname, date of birth, gender, and any other information that the person provides voluntarily upon registration. The information also includes any other information that the User enters, uses or provides when requesting, receiving or using goods and services through Heal & Learn (as applicable), participating in promotions, lotteries and competitions, filling in questionnaires, quizzes, forms and others.
6. The company may provide aggregated statistics on website visits to advertisers/ advertising agencies and third parties who keep statistics on clicks on their advertising banners and links, to produce internal statistics, and for direct marketing purposes (own and of its partners).
7. By accepting these Terms and Conditions, the User agrees to the processing of his/her personal data for the purposes of direct marketing. The user has the right to object to the processing of his or her personal data for direct marketing purposes by sending a written message to the specified contact email.
8. In view of the specific nature of the information provided by the User that affects his/her privacy, health status, psychological condition, his/her relationships and attitude to the world around him/her, Heal & Learn and the Consulting Professionals undertake to take all necessary care for the protection of this information and its non-disclosure to third parties.
1. The relationship between the parties shall be terminated upon the occurrence of any of the following circumstances:
a. termination of the activities of the COMPANY, owner of Heal & Learn, or termination of the maintenance of Heal & Learn;
b. unilaterally by the COMPANY by suspending the access to the User platform, at the sole discretion of the COMPANY;
c. automatically by voluntarily deregistering the User from the Heal & Learn platform;
d. mutual consent of the parties for the termination;
e. other cases provided in these General Terms;
f. other cases provided by law;
2. The User may, at any time at his own discretion, discontinue the use of the services provided by Heal & Learn.
3. Upon termination of the relationship between the User and the Platform, Heal & Learn disables the User Profile.
X. APPLICABLE LAW
Any potential dispute between the COMPANY, the owner of Heal & Learn, and the Users shall be resolved by mutual agreement. If this is not possible, the dispute shall be decided by the competent courts in Austria.
XI. OTHER PROVISIONS
The written form is deemed to have been complied with by sending an email to email@example.com, insofar as the statement is recorded technically in a way that enables it to be reproduced. The parties agree that if any clause (or several clauses) under these Terms and Conditions is invalid, it will not result in invalidity of the contract, other clauses or parts thereof. The invalid clause will be replaced by the mandatory rules of the law or established practice.
Important for every user:
You are advised to ways consult your GP for diagnosis and treatment, including information on which medicines or treatments may be appropriate for you.
No part of the information on the Heal & Learn platform is a specific prescription for taking certain medical drugs or medicines.
The information that Heal & Learn offers is only the opinion of different authors who take full responsibility for their comments and the information they upload to the platform. Always consider the advice and guidance given by your doctor or other qualified medical practitioner.
If you have or suspect that you have a medical condition, please contact a qualified healthcare professional or call the emergency helpline in your country.
If you disagree with these terms and do not wish to be bound by them, you are not allowed to visit or use the healnlearn.com website, or be a party to the legal relationship defined hereby.