1.Overview

Welcome to NAFSNA SARL.

This Terms and Conditions (Terms), together with the documents and policies incorporated and referenced in these Terms, including the Privacy Policy, shall constitute an agreement (Agreement) between You (You, Your, Yourself), and “NAFSNA” along with its affiliates, successors and assigns (NAFSNA, We, Us, or Our).

By visiting Our Website www.nafsna.com (Website), Our mobile and web application (App) and/or any application and/or technology We make available (collectively the Website, the App and NAFSNA Dashboards are referred to the Platform), and/or use any service offered on the Platform, whether as a visitor, a registered user and/or a User, Therapist and by accessing Our Platform, You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these Terms, please do not access Our Platform. You should read this Agreement carefully before starting to use the Platform.

Users agree and are aware that NAFSNA will only account for Users’ details, information and Service instructions that are provided on the App when the Service is provided. NAFSNA is not liable to account for User or other related information and details that are provided outside the App including, NAFSNA’s Website and other communication channels including but not limited to mobile and email conversations.

We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Platform. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of  those  changes. When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use NAFSNA’s account to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.

2- Definitions

 Forum means the public space, especially one devoted to debate, comment and share ideas, reserved to Users and Registered users.

Registered user(s) means the internet user who is registered and can comment on the Forum and/or the Platform.

Service(s) and/or Therapy Service(s) means the psychotherapy treatment or training sessions offered by the Therapist or the training providers to the Users through the Platform.

Therapist(s) means the licensed psychotherapist service providers or workshop provider offering the Services to the User through the Platform.

User(s) means the client who benefits from psychotherapy and/or workshops and/or App customers and can comment on the Forum and/or Platform.

Visitor(s) means an internet user who visits the Platform but cannot participate, comment and post on the Forum.

3-Using the Platform on Behalf of Another

If You use the Platform on behalf of another, whether a natural person (Individual) or legal non- natural person or entity (Organization), You represent and warrant that You (1) are duly authorized and empowered by and for that Individual or Organization to agree to these Terms and accept this Agreement on behalf of the Individual or Organization, and (2) do accept this Agreement on behalf of the Individual or Organization; unless the Individual or Organization has a separate paid contract with NAFSNA, in which event the terms of that separate paid contract will control. You also represent and warrant that You are duly authorized and empowered to use the Platform on behalf of the Individual or Organization.

4. The Platform Description

The Platform operates under the name of NAFSNA, which is a social entrepreneur project that promotes mental health through its Services. The Platform may be used to connect you with a Therapist who will provide psychotherapy services to you through the Platform (“Therapy Services”).

The Platform act as a Disclosed Agent (the Disclosed Agent), and intermediary between the Therapists and User, and the items and/or Services displayed are owned and supplied by the Therapists       directly      to                                            the                                   User.

 

By creating an account and registering to the Platform (Membership), You are a User requesting to benefit from psychotherapy and/or workshops. Users can access Our Platform, provide any of the Services and pay online through the Platform.

NAFSNA reserves the right, from time to time, to: update the Platform; and/or make new applications, tools, features or functionalities available through the Platform, the use of which may be contingent upon Your agreement to additional Terms and/or service fees. NAFSNA reserves the right to discontinue the services, or the Platform or certain applications, tools, features or functionalities of the Platform, for any reason at any time, in NAFSNA’s sole discretion, without any liability to You.

5. What You Represent.

For Users only:

You represent and warrant that: (a) all Users are at least 18 years of age; (b) You have not previously been suspended or removed from the Platform; and (c) You will provide any and all documentation as requested by NAFSNA, included as needed to verify Your identity and Your credit card to pay.

You understand and agree that Users under the age of 18 years are not eligible to and may not use the Platform without parental supervision.

You also agree to represent Yourself honestly, that all of the information You provide is true, correct, and current, to the best of Your knowledge, and that You have the necessary rights, power and authority, to agree to these Terms and to perform the acts required of You by this Agreement.

The Therapists are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is solely limited to enabling the Therapists Services while the Services themselves are the responsibility of the Therapists who provide them. If you feel the Services provided by the Therapists do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US, 999 in the UK, [ ] in Cyprus OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE THERAPIST 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 THERAPY. 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.

For Visitors and Registered users Only:

You represent as a Visitor or a Registered user that: (a) You will provide information as: (1) First Name, (2) Last Name, (3) Nickname (optional), (4) Question, (5) Email and Password. Optionally, Registered users can post their picture/about me/gender/place of birth/date of birth/ education and work, (b) You as Registered users can post/reply in the Platform.

6. Use of the Platform.

By visiting the Platform and/or purchasing any Services through the Platform, You agree that:

• You will not use Our Platform for any illegal or unauthorized purpose nor may You, in the use of the Platform, violate any laws in Your jurisdiction (including but not limited to copyright laws).
• You will not transmit any worms or viruses or any code of a destructive nature.
• You will not reproduce, duplicate, copy, sell, resell or exploit any portion, use, or access to the Platform or any contact on the Platform, without Our prior written
• Users will provide Us with, including but not limited to, date of birth (optional), phone number, email address, address details, gender (optional) and credit/debit card details on the checkout page as set out in these Terms (User Data).

Users also agree that We may use some information to contact them in the context of their request if necessary (in accordance with Our Privacy Policy). If Users do not provide Us with all the required information, they cannot be provided by any of the Services.

• Users should create a profile for themselves (User Profile). In order to create Your Profile, NAFSNA may ask You to provide the following details: (i) First name, (ii) Last Name, (iii) email, (iv) password, (v) gender, (vi) credit card, (vii) nationality (optional), (viii) ID (optional), and (ix) any special instruction(s) that the User wishes to provide to the Therapists including but not limited to health problem or injuries or past therapy sessions (optional).

7. Account Creation and Login Credentials

 User Account Creation and Login Credentials: To use the Platform, You may be required to enroll as a User and create an account (User Account). To enroll as a User, You will be required to provide Us with information about Yourself, including but not limited to Your User Data and User Profile as defined in these Terms under sections 5 (d) and 5 (g). You agree that the information You provide to Us will be accurate and that You will keep it up-to-date at all times. Users are solely responsible for maintaining the confidentiality of their login credentials (User Login Credentials), and to the extent allowed by law, You accept responsibility for all activities on Your account authenticated through User Login Credentials, whether authorized or not. Each User agrees to keep User Login Credentials confidential and secure, and Users will not give or make User Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to User Login Credentials, with or without permission, the User is authorizing that person to use the User Account, and You will be responsible for all transactions/activities that result from such access, even if You did not want the transactions/activities to be performed, and even if they are unauthorized or fraudulent.

For ease of reference and in the context of these Terms, “User Login Credentials” should refer to “Login Credentials”.

Lost, Stolen or Compromised Account or Login Credentials: You agree to immediately notify NAFSNA’s customer support through e-mail: [email protected] if You believe that Your User has been: compromised or accessed without authorization, Login Credentials lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through User Account without authorization.

For Users Only:

 

To the extent allowed by law, You agree to be bound by all payment instructions or transactions initiated in compliance with NAFSNA’s security procedures and this Agreement, whether or not authorized. You agree that You will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of Your account or Login Credentials, unless (1) You have notified NAFSNA of possible theft, loss, compromise or unauthorized use, and (2) We have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of Your systems. You agree that You will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law. Upon Your timely report, We may, in Our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on Your behalf, but NAFSNA will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.

8. Prohibited Uses.

In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Platform: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate Our Intellectual Property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or the internet (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose and to interfere with or circumvent the security features of the Platform, other websites, or the internet and (k) to encourage others to commit suicide. We reserve the right to terminate Your use of the Platform or any related services for violating any of the prohibited uses.

9. Accuracy, Completeness and Timeliness of Information.

We are not responsible if any information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at Your own risk.

The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.

We reserve the right, but are not obligated to, limit the provision of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of the Services, including pricing are subject to change at any-time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on the Platform is void where prohibited. We do not warrant that the quality of any Services provided or obtained by You will meet Your expectations.

10. For Users only: Payment and Billing Information.

• The Services provided by the Therapist are charged based on the following conditions: (a) the access to the Platform, or to certain features of the Platform, may require the User to pay certain fees (individually and collectively, Service Fees), including but not limited to transaction fees, payment processing fees, and other special services fees. You, as a User, agree to pay when due all Service Fees applicable to Your Services provided. The Payment is exclusively made through the App. You agree that You are responsible for the full amount of applicable Service Fees for each billing transaction; (b) when purchasing a Service with a fee, You have an opportunity to review and accept the Service Fees to be charged; Service Fees may change from time to time and will be updated on the Platform. NAFSNA may choose to temporarily change the Service Fees for promotional events, or introduce new services; such changes are effective when We post the temporary promotional event or new service on the Platform or inform the Users; (c) You, as a User, authorize to use the credit or debit card You have provided to Us (as updated from time to time) to automatically charge You in United States Dollar (USD) or any other currency for the Service Fees applicable to

 

Your provision of the Services. You will also be able to process payments in international currencies but You will bear the currency conversion rates and fees applicable accordingly.

 

• Price and Taxes. The Services provided on the Platform are subject to VAT and prices are exclusive of VAT as well. The price of the Services is as stipulated at all times on the Platform, except in the case of an obvious Although We make every effort to ensure that the prices featured on the Platform are correct and accurate, an error may occur.
• Payment Gateway. You agree and guarantee that: (a) You will not use the Payment Gateway for money-laundering, and You will report any suspicious activity or parties knowingly engaged in money-laundering, (b) that Your use complies with all laws and regulations in Your jurisdiction, (c) that all usage is in compliance with the Payment Gateway’s terms and policies and (d) that NAFSNA will ask You to provide the following payment details: Your card number, Your CVV and the expiration date of Your card upon

 

• Use of Credit/Debit Card. To minimize the risk of non-authorized access, Your credit/debit card details will be Once We receive Your request, We may request a pre- authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit/Debit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We shall not be liable for any delay or failure to deliver the Service and We will be unable to conclude any contract with You. Visa or MasterCard debit and credit cards in Your local currency will be accepted for payment. Please note that Therapists will not have access to any credit/debit card information provided by Users under no circumstances. Please note that once a specific Service is booked by a User, his/her credit/debit card is authenticated and charged at the moment of booking.

 

• Updating Your Account. You agree to provide current, complete and accurate purchase and account information for all purchases made on Our Platform. You agree to promptly update Your account and other information so that We can complete Your transactions and contact You as

 

• Restrictions on We reserve the right to refuse any request for any Service You place with Us. We may, in Our sole discretion, limit or cancel the Services requested. These restrictions may include paid Services placed by or under the same account, the same credit card, and/or requests that use the same email address and/or the same mobile number. In the event that We make a change to or cancel any Service, We may attempt to notify You by contacting the e- mail address and/or the mobile number provided at the time the Service was requested. We reserve the right to limit or prohibit the requested Services that, in Our sole judgment, appear to be provided by Therapists.

10.   Refund and Cancellation Policy.

Once You have agreed to the Terms and Your request for the Services has been accepted and the Services have been completed, there are no refunds. The User can register for the psychotherapy session/workshop up to 24 hours before the beginning of the session/workshop.

 

The User who registers for the psychotherapy session/workshop are allowed to cancel their session up to 24 hours before the start of the session while receiving the full fund in the form of money in their profile wallet available on the Platform. The User can use this money to register for another session at a later stage.

The User who cancels their session within 24 hours of the start of the session are not refunded.

Kindly note that Users will not be charged a cancellation fee irrespective of the order’s cancellation time.

NAFSNA reserves the right to update the Refund and Cancellation Policy at any time and at its own                                                                                                                                           discretion.

11. Correct Errors.

 In the event any error occurred when entering User Data and the Therapist Data, You can modify such error by contacting Our customer service via [email protected] or directly through one of Our Platform as applicable.

User’s section: In case You are purchasing any Services and if You detect an error in Your request after the completion of the Services’ payment process, You should immediately contact NAFSNA via the App chat feature to correct the  error.

12. Third-Party Links.

Certain content and services available via Our Platform may include materials and content from third-parties.

Third-party links or content video on the Platform may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products, content, practices, should be directed to the third-party.

13. User, Registered user and Visitor Comments, Feedback and other Submissions.

If, at Our request, Users, Registered users and Visitors send certain specific submissions (for example contest entries) or without a request from Us, Users and Registered users send creative ideas, suggestions, proposals, plans, feedback, post, reply or other materials, whether online, by email, by postal mail, or otherwise (collectively, Comments), Users, Registered users and Visitors agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments Users, Registered users and Visitors forward to Us.

We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

The feedbacks and Comments on the Forum (reserved to Users and Registered Users) and/or the Platform must not be used to promote any commercial or business activity nor to arrange a transaction outside the scope of the Platform or otherwise seek any sales commission nor to harm NAFSNA or to encourage other regarding suicide nor to prescribe any medications. Any feedbacks, images, messages or listings must always relate to a specific Service and not contain any contact details, including but not limited to, email addresses, phone numbers, and web addresses. However, kindly note that Users can only provide feedbacks upon the Service’s completion.

It is important to note that Users, Registered users and Visitors can post/reply on the Platform, their published comments will be viewed by others. Registered users are also optionally encouraged to review the Platform and can choose to publish their reviews publicly with or without their names or keep them private. Users are optionally encouraged to submit a comment/feedback choosing optionally to publish their comments publicly with or without their names or keep them private.

Users, Registered users and Visitors agree that their Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Users, Registered users and Visitors further agree that their Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related to the Platform. Users, Registered users and Visitors may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead Us or third-parties as to the origin of any Comments. Users, Registered users and Visitors are solely responsible for any Comments they make and their accuracy. We take no responsibility and assume no liability for any Comments posted by Users, Registered users, Visitors or any third-party.

14. Intellectual Property.

This Platform contains material, content which is owned by or licensed to NAFSNA. This material and content include, but is not limited to, the design, layout, look, appearance, videos, information and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. The Platform may be used only by You, and You may not rent, lease, lend, sub-license or transfer the Platform or any data residing on it or any of Your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Platform. You may not transfer to or store any data residing or exchanged over the Platform to any electronic network for use by more than one user unless You obtain prior written permission from NAFSNA. Except as otherwise expressly provided, You shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivative works from any content contained in the Platform. The use of the Platform’s content on any other Platform or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that NAFSNA creates to generate its pages. You shall not upload, post or otherwise make available on the Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NAFSNA does not have any express burden or responsibility to provide You with indications, markings or anything else that  may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Subject to any third-party rights in any preexisting content included within Your User Content, You retain ownership of any rights You may have in Your User Content and submitting Your User Content to the Platform does not transfer ownership of Your rights. You hereby grant NAFSNA an unrestricted, assignable, sub licensable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use all or any part of all User Content (User Content) You post to or through the Platform by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting NAFSNA and the Platform; (ii) displaying and sharing Your User Content to other Users of the Platform; and (iii) providing the service as authorized by these Terms. You acknowledge that We may not always identify paid services, sponsored content, or commercial communications as such. You further grant NAFSNA a royalty-free license to use Your User’s name, image, voice, and likeness to identify You as the source of any of Your User Content. You must not post any User Content on or through the Platform or transmit to NAFSNA any User Content that You consider to be confidential or proprietary. Any User Content posted by You to or through the Platform or transmitted to NAFSNA will be considered non-confidential and non-proprietary, and treated as such by NAFSNA, and may be used by NAFSNA in accordance with this Agreement without notice to You and without any liability to NAFSNA. The foregoing provisions apply equally to and are for the benefit of NAFSNA, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

15. Warranty Disclaimer for the Platform.

Your access to the Platform and/or Your use of any of its services is at Your sole risk.

You acknowledge that We may use third party suppliers for hardware, software, connectivity and all business requirements to get You the services. The acts and omissions of those third-party suppliers may be outside of Our control and You can’t hold Us liable for any loss or damage suffered as a result of any act or omission of any third party.

We do not warrant that: (i) the Platform will meet Your specific requirements; (ii) Our access to the Platform or any of its services will be uninterrupted, timely, secure, or error-free; (iii) the Platform will be accurate or reliable; (iv) the quality of any Services, information, or other material provided or obtained by You through the Platform will meet Your expectations; or (v) any errors in the Platform will be corrected.

The information presented or contained in NAFSNA, or provided through the Platform (Content) is presented for the purpose of provide Services and promoting mental health.

The User acknowledges that the Platform are a marketplace to enable User and Therapist to buy and sell Services. In the event where a User clicks on “proceed to checkout” link on the Platform, the order is placed with the Therapist and not NAFSNA. NAFSNA makes the Services available to be provided, takes the Service and collects the payment as the disclosed agent of the Therapist and not on Our own behalf. Upon the click on “proceed to Checkout” link on the Platform, the agreement is formed between the User and NAFSNA directly.

NAFSNA is not responsible or liable for any misconduct of any of its Users and Therapists. All contact between You and the other party be it a User or a Therapist, including any transactions or messages, is entirely at Your own risk. We are not responsible for the ownership, content, quality or legality of Services sold or listed on the Platform or for the accuracy of listings or ability to complete a transaction.

The Content and other information contained in the Platform are compiled from a variety of sources.

16. Limitation of Liability.

You waive and shall not assert any claims or allegations of any nature whatsoever against NAFSNA, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers or other partners, licensors, any of their successors or assigns, or any of their respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platform, including, without limitation, any claims or allegations related to infringement of proprietary rights, or allegations that any of the mentioned above parties (Related Parties) has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Platform. Without limiting the foregoing, neither NAFSNA nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property, or otherwise, arising out of or in any way connected to the access to the Platform and the use of or inability to use any or all of the services, including without limitation any damages caused by or resulting from Your reliance on the Platform or other information obtained from or accessible via NAFSNA or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to NAFSNA’s or any other Related Parties’ records, programs or services.

Moreover, NAFSNA shall not be held liable for User/and or other’ information details that are provided outside the scope of the App including, but not limited to, the NAFSNA Website and different channels of communication like phone and email conversations or even physical/live communication.

17. Community Guidelines.

You are responsible for Your communications and Your use of the Platform. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to NAFSNA with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Platform to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for You; (g) send email to other users for any purpose including personal communication, or to advertise or offer to sell unsolicited goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use Your email account as an address to which users need to respond (except as otherwise expressly permitted by NAFSNA); (h) send unsolicited email messages through third-party mail servers in order to relay Your email or hide the origination of Your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control the rights to such files or have received all necessary consents; (j) delete any author attributions, legal notices or proprietary designations or labels in a file that You upload to NAFSNA; (k) falsify the source or origin of software or other material contained in a file that You upload to NAFSNA; (l) use NAFSNA in a manner that adversely affects the availability of its resources to other users; (m) falsely purport to be an employee or agent of NAFSNA (n) cause repeated disruptive incidents; (o) act, or fail to act, in Your use of NAFSNA, in a manner that is contrary to applicable law or regulation; or (p) engage in any other activity deemed by NAFSNA to be in conflict with the spirit or intent of this Agreement. In addition, You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of NAFSNA to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in NAFSNA. Nonetheless, NAFSNA reserves the right to take such action as it deems appropriate in cases where NAFSNA is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time You upload a file on NAFSNA, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

18.Indemnification.

You agree to indemnify, defend and hold harmless NAFSNA and its Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of the Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

YOU HEREBY RELEASE US AND AGREE TO HOLD NAFSNA HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE EXPERTS’ SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY EXPERT 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 THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

19. Severability.

In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

The headings used in the Agreement are included for convenience only and will not limit or otherwise affect  the  Terms.

20. Termination.

THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO USERS REGISTERED ON NAFSNA. IN CASE A THERAPIST WISHES TO TERMINATE THEIR RELATIONSHIP WITH NAFSNA, THE APPLICABLE TERMINATION CLAUSE IS THE ONE STATED IN THE SERVICE AGREEMENT ONLY.

These Terms, as amended, will be effective commencing with Your first use, pre-Membership or Membership of the Platform and will remain in full force and effect throughout Your use of the Platform and/or its services.

Notwithstanding any of these Terms, NAFSNA reserves the right, without notice and in its sole discretion, to terminate your Membership to use the Platform, and to block or prevent Your access to and use of the Platform. NAFSNA reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Platform for any reason, You have no right to obtain a copy of any data or communications You stored or effected via the Platform, or any other data. You are free to terminate Your use of the Platform at any time. You can simply choose to stop visiting or using any aspect of the Platform.

21. Force Majeure.

THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO USERS REGISTERED ON NAFSNA. THERAPISTS SHOULD REFER TO THE SERVICE AGREEMENT SIGNED WITH NAFSNA.

NAFSNA will not be held liable for any delay or failure to perform any obligation related to the Platform if the delay or failure is due to unforeseen events that are beyond NAFSNA’s reasonable control, including, without limitation, acts of God, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.

22. Entire Agreement.

THIS SECTION CONTAINS SPECIAL TERMS THAT APPLY TO USERS REGISTERED ON NAFSNA. THERAPISTS SHOULD ABIDE TO THE TERMS AND TO THE THERAPISTS AGREEMENT.

The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms and any policies or operating rules posted by Us on the Platform or in respect to the services, constitute the entire agreement and understanding between You and Us and govern Your access and use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

23. Terms Modification.

We reserve the right to review and modify the Terms at any time. You are subject to the Terms in effect at the moment in which You access the Platform or use any of its services, except when by law or decision of governmental entities We must make changes retroactively to said policies,

Terms or Privacy Policy. In this case the possible changes will also affect requests made previously by You.

24. Governing Law and Jurisdictions.

• Governing

This Agreement shall be governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with the Laws of Lebanon.

• Dispute

If either Party has any issues, concerns or complaints about these Terms, or any matter related to this Agreement, that Party will notify the other Party in a maximum period of 5 business days (the Dispute Notice) and the Parties will then seek to resolve the issue by a process of consultation. Such process will do everything possible to settle amicably any dispute, controversy, or claim arising between the two Parties. The attempt to bring about an amicable settlement will be considered to have failed if not resolved within 5 business days from the date of the Dispute Notice.

 

In the event of failure of amicable resolution

 

In by means of consultation pursuant to clause 24.2, either party may submit the dispute to arbitration, in accordance with the Rules of Arbitration of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon by a sole arbitrator appointed in accordance with said Rules.

The place of arbitration shall be Beirut and the proceedings shall be conducted in English.

Each party agrees that an arbitral award rendered in accordance with this clause 24.2 shall be conclusive and binding on it and not subject to appeal, and such award may be enforced against it in the courts of any competent jurisdiction, subject to the grounds for non-enforcement under the laws of the jurisdiction in which such enforcement is sought.

25. Contact Information. 

Your comments and suggestions related to this Agreement or to any of Our Platform, are always welcome. You may contact Us through the following email: contact@nafsna,com.