1.1.1. “Business Day” means any day which does not include Saturday, Sunday and public holidays;
1.1.2. “Parties” means the User and TherapyNow, and “Party” means either one of them as the context may indicate;
1.1.3. “Personal Information” means information relating to the User, including but not limited to (i) views or opinions of the User or of another individual about the User and (ii) information relating to the User’s race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a User, account or client number, password, pin code, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views, or preferences; correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and corporate structure, composition and business operations (in circumstances where the User is a juristic person) irrespective of whether such information is in the public domain or not;
1.1.5. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means, or merging, linking, blocking, degradation, erasure or destruction, and “Process” has a corresponding meaning;
1. “TherapyNow” means Elizabeth Berk (Pty) Ltd t/a TherapyNow, registration number 2022/281383/07, a private company with limited liability, duly incorporated in accordance with the company laws of the Republic of South Africa;
1.1.6. “User” means the person using the Platform;
2. “Platform” means the online counselling services platform developed by TherapyNow and implemented to enable Counsellors to provide the Services to Clients, found at www.therapynow.co.za;
1.1.7. “Terms and Conditions” means the terms and conditions in respect of the Platform, contained on the Platform;
2. CONDITIONS OF USE
2.2. The User may not use the Platform’s relevant communication facilities for purposes of unsolicited communications or spam, or to send or publish any Content that is in violation of any law or that is obscene, defamatory, racist, or offensive of nature or may result in the infringement of any person’s Intellectual Property rights.
2.3. The User agrees to treat all Content and information on the Platform as confidential, and not to share any such Content or information with any person other than on the Platform without the relevant Party’s express consent, if applicable.
3.1. TherapyNow does not warrant that the Platform is completely secure, although TherapyNow shall use all reasonable endeavours to keep any Personal Information safe.
3.2. In order to provide adequate security to all Users of the Platform and to monitor activities prohibited under law the User hereby agrees to TherapyNow’s appointed service providers’ right to intercept, monitor, block, read, delete, or access all data sent to the Platform or any other communication facility provided by TherapyNow.
3.3. TherapyNow cannot guarantee that documents or files downloaded from the Platform (if applicable) will be free from viruses and TherapyNow does not accept any responsibility for any damage or loss caused by any virus. The User must use virus-checking software when using the Platform and when uploading or downloading any Content. The User agrees not to upload any file that may contain a virus to the Platform. The User hereby indemnifies TherapyNow and its service providers and affiliates against any possible damages, expenses, or losses as a result of delivering computer programs or any other code that may damage the Platform, infrastructure, or the service provider’s infrastructure.
4. USERNAMES AND PASSWORDS
4.1. Each User shall receive a username and password to log in to the Platform and associated database(s). The User hereby undertakes to keep the username and password secure and warrants that no third party shall use the password to access the Platform.
4.2. The User further acknowledges that it is responsible for ensuring that no unauthorised access to the Platform is obtained using its username and password.
4.3. The User will be liable for all activities conducted via the User’s account, whether authorised by the User or not.
4.4. TherapyNow has the right to deny the User access to the Platform at any time at its sole discretion.
5. PERSONAL INFORMATION
TherapyNow shall –
5.2.2. not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and staff) other than authorised personnel or third parties who require access to such Personal Information strictly in order for TherapyNow to operate the Platform or to provide services to the User unless the User has provided its prior written permission to do so to TherapyNow; this excludes Corporates or business who have paid for the Users sessions.
5.2.3. ensure that all persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information; and
5.2.4. take appropriate, reasonable, technical, and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure, or access.
5.3. Information collected by TherapyNow
The User agrees that TherapyNow may collect, store, and use the following information –
5.3.1. information about the User’s computer and about the User’s visits to and use of the Platform (including but not limited to the User’s internet protocol address, geographical location, browser type, referral source, length of visit and number of page views);
5.3.2. information that the User provides voluntarily for the purpose of registering on the Platform and maintaining its profile in order to provide or receive counselling services (including but not limited to username, password, first name, last name, identity number, physical address and email address);
5.3.3. any other information that the User chooses to input on the Platform, including but not limited to information processed after login on the Platform or information submitted through the Platform; and
5.3.4. information that other users share about the User.
5.4.1. Cookies may be used by TherapyNow to understand the Users better. Cookies allow TherapyNow to understand who has seen which pages and advertisements, in order to determine how frequently particular pages are visited and to determine the most popular areas of the Platform. Depending on the type of cookies used, cookies also allow TherapyNow to make the Platform more user-friendly. For example, permanent cookies allow the User’s password to be saved so that the User does not have to re
enter it every time the User visits the Platform.
5.4.2. The User is entitled to adjust its browser so that cookies are not accepted. Should the User do this, he/she will still be able to browse the Platform, but the functions that allow the user to access an existing account or page that requires a username or password, may not be available.
5.4.3. Cookies do not contain Personal Information. TherapyNow does not exchange cookies with any third-party websites or external data suppliers.
5.4.4. TherapyNow shall only keep cookies for the duration of the User’s visit to the Platform, except where the User elects to save login information.
5.5. Use of Personal Information
5.5.1. Personal Information submitted on the Platform or by any other communication will be used for the purposes specified herein.
5.5.2. The User hereby consents to the use of his/her Personal Information to allow TherapyNow to -
188.8.131.52. administer the Platform;
184.108.40.206. improve User experience by personalising the Platform;
220.127.116.11. carry out obligations arising from any contracts entered into between the User and TherapyNow, insofar as it is applicable;
18.104.22.168. allow participation in interactive features of the services provided; 22.214.171.124. notify the User about changes to the services provided; 126.96.36.199. send the User email notifications as requested by the User;
188.8.131.52. provide the User with information, products and services relating to the information, products or services of TherapyNow, which TherapyNow thinks may be of interest, by email or similar technology. The User is entitled to
inform TherapyNow at any time if the User does not wish to receive such communication;
184.108.40.206. provide third parties with statistical information about the Platform users, which information will not include Personal Information;
220.127.116.11. contact emergency services with the necessary Personal Information of a User making use of counselling services provided through the Platform, insofar as TherapyNow reasonably believes is required;
18.104.22.168. deal with enquiries and complaints made by or about a User relating to the Platform; and
22.214.171.124. use the information for such other things as may be required by TherapyNow, or may be ancillary to, the administration of the Platform or the provision of its services.
5.5.3. For the avoidance of doubt, any Personal Information provided to a Counsellor during a Session is not provided to TherapyNow, and the use of such Personal Information is the responsibility of the Client and the Counsellor.
5.5.4. It is the User’s responsibility to obtain the necessary consent from a third party prior to submitting a third party’s Personal Information to the Platform, and the User accordingly warrants that any such consent has been obtained in respect of any Personal Information uploaded by the User.
5.5.5. TherapyNow shall not share information about the User unless TherapyNow, in accordance with clause 5.6 -
126.96.36.199. has received permission from the User; or
188.8.131.52. has removed the User’s Personal Information from it.
5.5.6. TherapyNow stores Personal Information and other data for as long as it is necessary to provide products and services to the User and others, including those described above. Personal Information will be destroyed once it has become obsolete unless TherapyNow is required to retain it in terms of any applicable laws.
5.6.1. TherapyNow may disclose information about the User to any of its employees, officers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes as set out herein.
5.6.2. In addition, TherapyNow may disclose information about the User – 184.108.40.206. to the extent required to do so by law;
220.127.116.11. in connection with any legal proceedings or prospective legal proceedings;
18.104.22.168. in order to establish, exercise or defend its legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
22.214.171.124. to the purchaser (or prospective purchaser) of any business or asset, which TherapyNow contemplates selling, to the extent required.
5.6.3. Occasionally third parties may provide information processing services to TherapyNow. In those circumstances those third parties shall be required to enter into a non-disclosure agreement or any other agreement with reference to the protection of Personal Information on no less stringent terms than those found herein, and to process and protect a User’s Personal Information in accordance with TherapyNow’s instructions.
5.7. Notification of a Personal Information security breach
5.7.1. TherapyNow shall –
126.96.36.199. notify the User in writing, immediately if it becomes aware or has reasonable grounds to believe that the Personal Information of a User has been accessed or acquired by an unauthorised person, and take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible;
188.8.131.52. as soon as reasonably possible thereafter, engage with any persons who may be appointed by TherapyNow to discuss the security breach, report all relevant facts relating to the compromise and steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise; and
184.108.40.206. provide the User with details of the Personal Information affected by the compromise, including but not limited to, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorised person/s who are known to or who may reasonably be suspected of, having accessed, or acquired the Personal Information.
5.7.2. Immediately upon notifying the User as set forth in clause 5.7.1, TherapyNow shall –
220.127.116.11. at its own cost, take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of the Personal Information;
18.104.22.168. implement all measures reasonably necessary to restore the integrity of TherapyNow’s information system; and
22.214.171.124. notify all affected Users.
6. USER’S RIGHTS
6.1. The User has the right to decide which Personal Information is kept about the User. TherapyNow shall provide the User with via an online appointment confirmation whether or not it holds Personal Information about the User and with further details regarding the Personal Information so hold (if applicable) in accordance with TherapyNow’s Promotion of Access to Information manual. If the User is concerned that any of the information so held is incorrect, please contact TherapyNow immediately. The User is further entitled to request that any such information be deleted or the use thereof restricted.
6.2. The User is entitled to instruct TherapyNow not to utilise the User’s Personal Information for direct marketing purposes or in any further manner by emailing TherapyNow at any time or contacting TherapyNow at the contact details set out in the Terms and Conditions.
If the User has any questions about the treatment of its Personal Information, the User can contact TherapyNow by using the contact details set out in the Terms and Conditions.
8. POLICY AMENDMENTS
The User hereby agrees that -
9.1.1. Any User aged 18 or under must first get his/her parent/guardian's permission before providing Personal Information on the Platform;
9.2. Communication, dispatch, and receipt
9.2.1. Data messages sent from TherapyNow to the User is deemed to be received when the complete message is outside the control of TherapyNow’s systems (at the time it has left such system).
9.2.2. Data messages from the User to TherapyNow are only deemed to be received by TherapyNow when TherapyNow responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by TherapyNow to the contrary.
9.3. Attribution of data messages to originator
If applicable, the User hereby agrees and warrants that the data message sent under its login credentials (i.e., username and password), was sent by the User or a person that had the authority to act on its behalf in respect of the data message.
10. BREACH & TERMINATION
10.1. immediate, temporary, or permanent withdrawal of the User’s right to use the Platform;
10.2. immediate, temporary, or permanent removal of any content uploaded by the User to the Platform;
10.3. issue a warning to the User;
10.4. obtain an order against the User for specific performance, with or without claiming damages;
10.6. disclosure of such information to law enforcement authorities, as deemed necessary in TherapyNow’s sole discretion.
11. GENERAL AND MISCELLANEOUS
13. APPLICABLE AND GOVERNING LAW