TYT Terms and Conditions
- The Terms and Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform"). This website is owned and operated by M/s. The Yellow Therapist which is located at 264, Chorsolakia, Kishoreganj (email@example.com). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website theyellowtherapist.com and its related apps.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any firm that owns and operates the Platform (the "Firm").
- The Counselors and Counselor Services
The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counselor Services”).
We require every Counselor providing Counselor Services on the Platform to be an accredited, trained, and experienced licensed mental health professional. Counselors must have a relevant academic degree or professional training in their field and at least 1 years of experience, and have to be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
The Counselors are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Counselor Services. The Counselors themselves are responsible for the performance of the Counseling Services. If you feel the Counselor Services provided by the Counselor do not fit your needs or expectations, you may change to a different Counselor who provides services through the Platform. If a Counselor you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Counselor is no longer on the Platform and that you have the opportunity to match with a new Counselor.
While we hope the Counselor 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 appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular 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 YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR 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. 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 PLATFORM.
- Privacy and Security
- Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
- Disclaimer of Warranty and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
- Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.
If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to firstname.lastname@example.org. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.
BetterHelp and Therapists working on the BetterHelp platform do not file for reimbursement or endorse the filing for reimbursement by members from any private, state, provincial, or federally funded insurance programs, including but not limited to Medicare, Medicaid, TRICARE, Veterans Affairs health care, state therapy assistance programs, or the Government Health Insurance Plan available in Puerto Rico, for therapy provided through BetterHelp or any of its affiliated businesses.
Proper Cause (For Refunding, Rescheduling and Canceling)
Proper cause is defined as a cause that is inevitable and heavily affects the ability to attend a session. The basic characteristics of a proper cause are but not limited to-
A. Physical disability to attend the session. Example: Severe disease or physical inability.
B. Contradiction of time with another event with high importance. “High Importance” will be discussed and defined on a case by case basis.
C. The time contradiction of sub-section B must be totally aligned. It means if the therapy session is scheduled for 17:30 to 18:30, the event must be functional between 17:30 to 18:30.
D. And for other time related cases, if the event time is not aligned with the therapy session time, there must be a chance of high destruction of physical or financial loss and that must be discussed and defined on a case by case basis.
Proper documentation according to the situation must be provided by the client.
- Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
- Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the peoples’ republic of Bangladesh.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
- Information Collection, Use, and Disclosure
Categories of Information Collected
Visitor Data: The Yellow Therapist collects, uses, and stores data regarding user visits to its website and use of The Yellow Therapist application ("Visitor Data"), including the particular pages visited or viewed by the user, the amount of time the user spent on the website or application, website errors experienced by the user, visits to The Yellow Therapist "FAQ" page, and information about the browser or device used to access the website and application, such as the user’s mobile device ID and IP address. These practices apply to users who visit pages for prospective new customers as well as those who visit pages for prospective Counselors.
Onboarding Data: In addition to the questionnaire responses provided by users (including Counselors) in the process of initial registration, The Yellow Therapist collects, uses, and stores certain additional data from users during the onboarding process ("Onboarding Data"). This data includes the pages viewed by the user, whether the user clicks the "Get started" link to begin completing the questionnaire, and whether the user responds to any of the questionnaire prompts.
Account Registration Data: The Yellow Therapist collects, uses, and stores certain information in connection with the account registration process, such as whether users registered using their Facebook or Google profiles, and whether a user verifies their reported email address or phone number ("Account Registration Data"). The Yellow Therapist also assigns each user (including Counselors) who creates a The Yellow Therapist account an anonymized, sequentially-generated client ID.
Transaction Data: The Yellow Therapist collects, uses, and stores certain information regarding payment for its services by users and related transactions on its website, such as whether a user completed payment for The Yellow Therapist’s services, signed up for The Yellow Therapist’s services using a trial offer, canceled or otherwise ended a trial, or completed a request to receive financial aid for The Yellow Therapist’s services ("Transaction Data").
Login Data: The Yellow Therapist collects, uses, and stores data regarding logins to The Yellow Therapist’s Platform by registered users (including Counselors) and activity conducted during that log in such as when a user logs in, the number of messages received or sent through The Yellow Therapist’s website or app during that log in, and whether a user has been assigned, started, or completed a counseling goal ("Login Data"). Login Data does not include the content of any messages sent or received by users or the content of any counseling goals.
Counseling Session Data: The Yellow Therapist collects, uses, and stores certain general data regarding user counseling sessions such as whether a live session has been scheduled by the user, whether a Counselor or user joins a scheduled session, when a counseling session began and ended, and whether a counseling session was canceled or re-scheduled.
Customer Data: The Yellow Therapist collects, uses, and stores certain data from users that have signed up for The Yellow Therapist’s services such as a user’s self-reported name or nickname, age, e-mail address, phone number, and emergency contact information ("Customer Data").
Counselor Data: In order to identify, credential, re-credential, run checks, and pay Counselors, The Yellow Therapist collects, uses, and stores certain data from Counselors. This data includes information such as the Counselor’s name, bank account information, governmental identification numbers, e-mail address, phone number, address and education and job history ("Counselor Data").
Communications Data: The Yellow Therapist collects, uses, and stores communications between users and Counselors on the Platform, and communications between users and The Yellow Therapist’s customer service team ("Communications Data").
Purposes for Which Information Is Used
We may use the information we collect for one or more of the following purposes:
Communication with you
- To contact you or provide you with information, alerts and suggestions that are related to the Platform.
- To verify your identity.
- To complete an activity you requested, such as register for the Platform or obtain more information.
- To reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act.
- Delivery of services to you
- To create your account on our Platform and let you log in to your account and use the Platform.
- To manage your account, provide you with customer support, and ensure you are receiving quality service.
- For billing and transaction processing purposes.
- To match users with Counselors and facilitate the Counselor Services.
- To provide, support, personalize, and develop our Platform and the Counselor Services.
- Administration and improvement of services
- To supervise, administer and monitor the Platform.
- To measure and improve the quality, effectiveness, and delivery of our services.
- To personalize the website experience and to deliver content and product and service offerings relevant to individual interests, including targeted offers and ads.
- Compliance with law
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To comply with applicable state and federal laws, including, but not limited to laws related to protecting client and public health and safety.
- To allow therapists to comply with the licensure, legal and quality requirements in their jurisdictions.
- Other uses with consent
- Any other purpose with your consent.
- Purposes for Which Information Is Disclosed to Third Parties
Information about you may be disclosed to third parties for one or more of the following purposes:
For business purposes: Only as necessary for facilitating the Counselor Services, we may share a user’s information with a Counselor and a Counselor’s information with a user. We may also share your information with vendors and service providers, including our data hosting and data storage partners, analytics and vendors providing technology services and support, payment processing, and data security. We also may share information with professional advisers, such as auditors, law firms, and accounting firms.
With your direction or consent: We may share your information with third parties if you request or direct us to do so.
With affiliates within our corporate group: We may share your information with any subsidiaries or parent companies within our corporate group.
For advertising: If you opt-in to the use of targeting cookies and web beacons, information regarding your activity on our websites, excluding activity when you are logged in and have started therapy, may be disclosed to our advertising partners to optimize marketing. We do not share with any advertising platform private information like member names, email addresses, phone numbers, diagnosis, sessions data, journal entries, messages, worksheets, or any other type of communication you have with your therapist.
Compliance with law: We may share your information with a court, a regulatory entity, law enforcement personnel, or pursuant to a subpoena, to comply with applicable law or any obligations thereunder.
In the context of a transaction: We may share your information in connection with an asset sale, merger, bankruptcy, or other business transaction.
Note that if you make any information publicly available on the Platform, anyone may see and use such information.
- Opting-out of Marketing Communication
You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our marketing email communications.
- Cookies and Web Beacons
Like many websites, we use "cookies" and "web beacons" (also known as pixels) to collect information. A "cookie" is a small data file that is transferred to your computer's hard disk for record-keeping purposes. We collect cookies that are necessary for the Platform to function, cookies that enhance the Platform’s performance, and cookies used for third-party tracking. A "web beacon" is a tiny and sometimes invisible image or embedded code, placed on a Web page or email that can report your visit or use to a third party. Web beacons are typically used by third parties to monitor the activity of users at a website for the purpose of web analytics, advertising optimization, or page tagging. Additional information regarding web beacons is available on Wikipedia.
You can change your browser's settings so it will stop accepting cookies and web beacons or to prompt you before accepting a cookie or web beacon.
Our Platform also uses analytics vendors to collect information (for example, Visitor Data and Onboarding Data) about user actions on our websites for purposes of analytics and analysis of certain Platform usage.
- Social and General Information Tools
Online identity theft and account hacking, including the practice currently known as "phishing", are of great concern. You should always be diligent when you are being asked for your account information and you must always make sure you do that in our secure system. We will never request your login information or your credit card information in any non-secure or unsolicited communication (email, phone or otherwise).
- Security of Information
While using any Internet-based service carries inherent security risks that cannot be 100% prevented, our systems, infrastructure, encryption technology, operation and processes are all designed, built, and maintained with your security and privacy in mind. We apply industry standards and best practices to prevent any unauthorized access, use, and disclosure. We comply with all applicable federal laws, state laws, and regulations regarding data privacy.
- Service Providers
We may employ third-party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform, or to provide audit, legal, operational, or other services for us. These tasks include, but are not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. We will share with them only the minimum necessary information to perform their task for us and only after entering into appropriate confidentiality agreements.
- Children's Privacy
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user. The Platform is not directed and not intended to be used by children under the age of 13. If you are aware that we have collected Personal Information from a child under age 13 please let us know by contacting us and we will delete that information.
- Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials to enforce and comply with the law. We may disclose information necessary or appropriate to protect the safety of the public or any person, to respond to claims and legal processes (including but not limited to subpoenas), and to prevent or stop activity that may be illegal or dangerous. You should also be aware that Counselors may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, you should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to another person; (d) court-ordered presentation of treatment.
- Contacting us
TYT Refund, Rescheduling and Canceling Policy
We review refund requests on a case-by-case basis.
Except as prohibited under applicable law, The Yellow Therapist may at its sole discretion provide a full, partial or pro-rated refund for services rendered. You can file a complaint explaining why you should get a refund at firstname.lastname@example.org. The Yellow therapist team will then investigate the complaint and if applicable, will issue a refund within 7 business days.
The Yellow Therapist is committed to offering everyone the best possible experience. If you’re ever dissatisfied or feel there's something we could do differently to improve your experience, let us know by contacting us at email@example.com.
- The session can not be rescheduled once confirmed.
- If there is an emergency, you have to send an email explaining the reason behind rescheduling at firstname.lastname@example.org.
- We will consider the rescheduling request on a case by case basis.
- You have to file a cancellation request at email@example.com.
- An appointment can not be canceled after less than 72 hours remaining.
- In case of any TYT funded free sessions you have to pay the regular payment amount if you cancel a session without proper cause.
- You will get a refund of 80% of the appointment fee if you cancel the appointment before 144 hours, 75% before 120 hours, 70% before 96 hours, and 60% before 72 hours.