Terms and Conditions for Clients
About us
Common Care Limited (“we”, “us” and “the Company”), is a company registered in the Hong Kong Special Administrative Region (“Hong Kong”) with company number 2917076 and our registered office is at Unit 2302, 23/F, New World Tower 1, 18 Queen’s Road Central, Central, Hong Kong. We operate the website: www.commoncarecentral.com.
To contact us email our customer service team at: support@commoncarecentral.com.
Our agreement with you
The following are the terms and conditions (the “Agreement”) which govern your access and use of our online platform through which counselling, consulting, professional advice and any other information are made available (collectively the "Platform"). The Platform through its applications and websites, may be provided or be accessible via multiple websites, devices, operating systems, and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website: www.commoncarecentral.com.
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 all of the terms of this Agreement, do not access or use the Platform.
Therapy Services
The Platform may be used to connect you with a therapist who will provide services to you through the Platform (“Therapy Services”). On the Platform, you may choose to use the services of either a licensed therapist (“Licensed Therapist(s)”) or a counsellor in training (“Counsellor(s)-in-Training”) (collectively referred to herein as the “Therapist(s)”).
All Licensed Therapists providing Therapy Services on the Platform hold valid relevant professional degrees, certifications, and/or membership with a professional board that qualifies them to practice psychotherapy, counselling or coaching and they have to be qualified and recognized by their respective professional board after completing the necessary education, exams, training and practice requirements as applicable. All Counsellors-in-Training providing Therapy Services on the Platform must be currently enrolled in an accredited Masters of Counselling or equivalent programme and must be receiving ongoing supervision from a qualified counsellor for their practicum hours gained through the Platform.
The Therapists are independent providers who are neither our employees nor agents nor representatives. Our role is limited to providing the Platform, enabling you access to the Therapy Services while the Therapy Services are the responsibility of the Therapists who provides them. If you feel the Therapy Services provided by the Therapist do not fit your needs or expectations, you may change to a different Therapist who provides services through the Platform.
While we hope the Therapy 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 an in-person 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 have any medical emergency, do not use the Platform. You must immediately call 999 if you are located in Hong Kong, or your local emergency assistance number, or notify the relevant local authorities. The Platform is not intended for emergency services, or 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. 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 it is delivered through the Platform.
You must partake in a minimum of twelve (12) online meeting sessions and wait for ninety (90) days since your last online therapy session via the Platform with a Therapist before you may have an in-person, video, telephone or other online platform meeting with such Therapist for any therapy services that are operated outside of the Platform, with the exception that the Platform or the Therapist deems that you may not be suitable for Therapy Services on the Platform and that transitioning to in-person services with the Therapist is for your safety and/or in your best interest due to suspicion or confirmation of any of the following conditions: imminent risk to self or others, acute crisis, acute symptoms that develop over time, or other psychological barriers that may interfere with online therapy.
Privacy Policy
Protecting and safeguarding any information you provide through the Platform is of paramount importance to us. Information about our security and privacy practices is available at: www.commoncarecentral.com/privacy-policy (the “Privacy Policy”).
By agreeing to this Agreement and/or by using the Platform, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of this Agreement.
Disclaimer and Limitation of Liability
The Company does not provide the Therapy Services itself. All of the Therapists are independent of the Company and they use the Platform to communicate with you. Any information or advice received from the Therapists comes from them alone, and not from the Company. While the Company facilitates your selection of, communications with and other interactions with the Therapists, the Company does not provide the Therapy Services and the therapist-patient relationship is between you and the Therapist you select. All Therapists identified or accessible on the Platform are independent providers and are not employed by or affiliated with the Company. While all Therapists are required to submit their qualifications for review by the Company, the Company shall not be responsible for any inaccuracy, misrepresentation or lack of completeness in or regarding the qualifications or biographies of the Therapists.
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 Therapy Services or the Platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Therapist 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 warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy. The use of the Platform is at your own risk. To the fullest extent of the laws of Hong Kong, 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, the Therapy Services and any and all use of the Platform will not exceed the total amount of money paid by you through the Platform in the three (3) 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 the applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Using the Platform
You hereby confirm that you are above the legal age of eighteen (18) and legally able to consent to receive Therapy Services, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information 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.
Using the Platform as Minor
You hereby confirm that you as a minor, under the legal age 18, that you will provide the name and contact information of a parent or legal guardian that is legally able to prescribe consent for you to receive Therapy Services, and are legally able to enter into a contract.
Any information that you share in therapy is strictly confidential between the Therapist and you. This information will not be shared, unless you give consent to disclose certain information to your parent or legal guardian. In some situations, it is required by law or professional guidelines that information discussed in therapy has to be disclosed for your personal safety.
You hereby confirm and agree that all the information 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.
Your Account
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 Details”).
You agree to notify us immediately of any unauthorized use of your Account Details 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 incurred as a result of someone else using your account, either with or without your consent and/or knowledge. Further, you agree that you are solely and fully liable and responsible for all activities that are made by using your Account Details. 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 Details 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 Details of any other person for any reason.
You agree and confirm that your use of the Platform, including the Therapy Services, are for your own personal use only and that you are not using the Platform of the Therapy Services for or on 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.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
unsolicited email and/or advertisement or promotion of goods and services;
malicious software or code;
unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content, including that sexual in nature;
any content that infringes on a third party right or intellectual property;
any content that may cause damage to a third party; and/or
any content which may constitute, cause or encourage a criminal action or violate any applicable law.
If you receive any file from us or from a Therapist, 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:
your access to or use of the Platform;
any actions made with your account or Account Details whether by you or by someone else;
your violation of any of the provisions of this Agreement;
non-payment for any of the services (including Therapy Services) which were provided through the Platform; and/or
your violation of any third party rights, including, without limitation, any intellectual property rights, publicity, confidentiality, property or privacy right.
This clause shall survive expiration or termination of this Agreement.
Termination, modifications or disruptions to the Platform
We may modify, suspend or discontinue your access to 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.
While we take reasonable efforts to ensure the Platform’s reliability and accessibility, 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.
Therapy Services Fees
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 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. Subject to subsequent changes, our payment plan is as follows: either on a per-session basis where full payment for Therapy Services received must be paid in full before or by the time of a scheduled appointment; or on a multi-session package basis where full payment for purchased sessions must be paid in full at the time of purchase. Cancellation of a session within 48 hours of the scheduled appointment time will not result in any full or partial refund of purchase. In the case of any payment-related dispute, you must contact us by sending us an email at support@commoncarecentral.com. The Platform reserves the right to review the accuracy of any claim and may require you to provide any evidence to support your claim within twenty-one (21) days.
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 section.
If you have any concerns about payment, please contact us by sending us an email at support@commoncarecentral.com.
Communications between us
Any notice or other communication given to us under or in connection with this Agreement or any aspect of the Platform, must be in writing and be delivered via email to support@commoncarecentral.com.
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, via email to the email address that we have on record or by posting it online.
General
Term and Termination. The term of this Agreement shall commence upon the setting up of your account on the Platform or upon schedule confirmation of your first therapy session on the Platform. This Agreement may be terminated by us, in accordance with Clause 8, through terminating your access to the Platform. You may also terminate this Agreement by deleting your account by submitting a withdrawal request by email to support@commoncarecentral.com.
Entire agreement. This Agreement is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this Agreement.
Language. This Agreement is made only in the English language. In the event of any inconsistency between a translated version of this Agreement and the English language version, the English language version shall prevail.
Assignment and transfer. We may assign or transfer our rights and obligations under this Agreement to another entity but will always notify you in writing or by posting on our webpage if this happens.
No partnership. Nothing in this Agreement shall be construed as making either party a partner, joint venture, agent, legal representative, employer, or employee of the other.
Variation. 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. By using the Platform after the changes become effective, you agree to be bound by such changes to this Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
Severance. Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Limitation of liability. To clear any doubt, all clauses regarding limitations of liability and indemnification shall survive the termination or expiration of this Agreement.
Third party rights. This Agreement is between you and us. Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap.623, Laws of Hong Kong) to enforce any term of this Agreement.
Governing law and jurisdiction. This Agreement is governed by the laws of Hong Kong and we each irrevocably agree to submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts of Hong Kong, except that the Company at its election may submit a dispute or bring a claim against you in a court on any other jurisdiction which has jurisdiction over you.