These General Terms and Conditions (“GTC”) govern the use of the online platform (“Platform”) provided by Build Your Personality (hereinafter “Company”, “we”, “us” or “Platform”). The Platform serves to connect clients with professional counselors and therapists (“Counselors” or “Providers”) who are independent service providers and do not act as employees, agents or representatives of the Company. BYP reserves the right to change these Terms of Use at any time. Changes will be posted on the website and may also be communicated to users and psychological providers in other ways at BYP’s discretion. Existing users and psychological providers are deemed to have accepted the changes unless they expressly reject the changes within 5 days of the changes being posted on the website.
BYP has the right to exclude users and psychological providers who refuse to make changes from the Platform at any time.
By registering and using the Platform, counselors and clients agree to these Terms and Conditions. If you do not agree to the Terms, you must not use the Platform. The following are the Terms and Conditions (the "Agreement") that govern your access to and use of our online platform through which counseling may be offered (collectively, the "Platform"). This website is operated off the coast of Dubai, United Arab Emirates. If you have any questions, please contact us at contact@buildyourpersonality.com.
The Platform may be provided or accessible through multiple websites or applications, whether owned and/or operated by us or third parties, including but not limited to the buildyoupersonality.net website and its associated apps. By accessing or using the Platform, you enter into this Agreement. You should read this Agreement carefully before using the Platform. If you do not agree to be bound by any of the terms of this Agreement, you must not access the Platform. When the terms "we," "us," "ours," or similar are used in this Agreement, they refer to each company that owns and operates the Platform (the "Company").
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Counselors listed on the platform act in their own name and under their own responsibility.
The company merely provides the platform and is not responsible for the quality of the counseling services or the accuracy of the statements made by the counselors. These terms of use regulate the provision and use of the website and platform for the referral of customers to providers. These terms of use can be supplemented by special conditions.
Special conditions are subject to these Terms of Use:
These Terms of Use in their current version and Privacy Policy in its current version. BYP provides the Website and the Platform only with the non-reserved consent to these Terms of Use. If you do not agree to these Terms of Use, you must not access the Website or use the Platform. By accessing the Website and using the Platform, you declare that you have read, understood and fully agree to these Terms of Use. Website: The website under the domain www.buildyourpersonality.net and all subdomains. The Platform serves to connect clients with qualified, independent consultants and therapists who offer psychological counseling services. The company itself does not offer psychological or medical services and does not carry out any counseling activity.
Last change 11.11.2024
These Terms and Conditions ("Terms") govern the use of the online platform ("Platform") provided by Build Your Personality (hereinafter "Company", "we", "us" or "Platform"). The Platform is used to refer clients to professional counsellors and therapists ("Counsellor" or "Provider") who are independent service providers and do not act as employees, agents or representatives of the Company. BYP reserves the right to change these Terms of Use at any time. Changes will be posted on the Site and may be otherwise communicated to Users and Psychological Providers at BYP's discretion. Existing users and psychological providers are deemed to have accepted the changes unless they expressly reject the changes within 5 days of the changes being published on the website. BYP has the right to exclude users and psychological providers who reject changes from the platform at any time. By registering and using the platform, counsellors and clients agree to these terms and conditions. If you do not agree to the terms and conditions, you may not use the platform.
1 Purpose and use of the platform
1.1 The following are the terms and conditions (the "Agreement") that govern your access to and use of our online platform through which counselling may be provided (collectively, the "Platform"). This website is operated off the coast of Dubai, United Arab Emirates. If you have any questions, please contact contact@buildyourpersonality.com
The Platform may be provided or accessed through multiple websites or applications, whether owned and/or operated by us or third parties, including but not limited to the buildyoupersonality.net website and its associated apps. By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before using the Platform. If you do not agree to be bound by any of the terms of this Agreement, you may not access the Platform. When the terms "we", "us", "we" or similar are used in this Agreement, they refer to each company that owns and operates the Platform (the "Company"). IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1.2 Counselors listed on the Platform are acting on their own behalf and at their own risk. The Company merely provides the Platform and is not responsible for the quality of the counselling services or the accuracy of the statements made by the Counsellor. These Terms of Use govern the provision and use of the Website and Platform for the referral of Clients to Providers. These Terms of Use may be supplemented by special terms and conditions. Special conditions are subject to these Terms of Use: These Terms of Use in their current version and Privacy Policy in its current version. BYP makes the Website and the Platform available only with the unreserved acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not access the Website or use the Platform. By accessing the Website and using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety. Website: The website under the domain www.buildyourpersonality.net and all subdomains. The platform serves to connect clients with qualified, independent counsellors and therapists who offer psychological counselling services. The company itself does not offer psychological or medical services and does not provide counselling. 2 Qualifications of Providers 2.1 Each Counsellor operating on the Platform must have the necessary qualifications and credentials to provide counselling services in their area of expertise, including: - Valid professional licence, certification or registration in accordance with applicable regional regulations. - A degree in psychology - compliance with all continuing education requirements to maintain professional qualifications.
2.2 The Company will review the qualifications of Counsellors upon acceptance and reserves the right to conduct periodic reviews. However, Counsellors are responsible for ensuring that their qualifications remain current and valid and undertake to inform the Company immediately of any changes.
2.2.1 A counsellor must conduct at least 5 sessions per month via the platform. Consequences of non-compliance:
First offence: Telephone warning.
Second offence: Removal from the platform and blocking.
2.2.2 If a client submits an incriminating complaint about a counsellor, BYP reserves the right to immediately exclude and block the counsellor from the platform without prior warning.
3 Independence of providers and liability
3.1. Counsellors are independent service providers and not employees of the company. The Terms and Conditions for Build Your Personality Company is not liable for the acts or omissions of the counsellors and does not guarantee the counselling services. BYP recruits the psychological providers with the appropriate care and requires confirmation at the time of recruitment that the psychological providers have the necessary training, licences and approvals in accordance with paragraph 4 of these Terms of Use. However, BYP cannot guarantee that the above conditions will be met for the entire period during which the psychological providers are listed on the platform. Moreover, the treatment relationship is exclusively between the psychological providers and the user, and the psychological provider bears full responsibility for the performance of the counselling session(s). BYP does not guarantee the quality of the counselling session(s). Within the framework of the platform, appointments can only be made with psychological providers who have been previously selected by BYP and included in the service. It is therefore not possible to make appointments with all psychologists and/or counsellors on the platform. Users are therefore expressly advised to consult the available business directories and other sources of information if they wish to find additional psychological providers. BYP is in no way responsible for cancellations by or unavailability of psychological providers. Users are advised that they should not use the platform and should contact the relevant institutions immediately if they are in an emergency and/or require urgent assistance. Under no circumstances can BYP guarantee that a psychological provider can be arranged in time or that the user can be helped in any other way. Certain functions (e.g. video calls or chat functions) may be provided by third parties. BYP selects them carefully and requires them to take all appropriate measures to ensure secure and reliable communication. However, Users and Psychological Providers are aware that no method of transmission can guarantee complete security and reliability, and accordingly BYP is not liable for the timely and complete transmission of data from Users to Psychological Providers and vice versa. The Platform and the Website, together with all content, data, information and materials contained therein, are provided "as is" and "as available". All information provided comes from sources that have been carefully selected and deemed reliable by BYP. However, BYP makes no warranty, representation or guarantee of any kind, express or implied, as to the timeliness, accuracy, reliability, completeness or suitability of the information. The user is aware that the use of the website and platform requires a functioning internet connection. BYP also does not guarantee that the platform or website and individual parts thereof will function and be accessible error-free at all times and is therefore not liable for the complete accuracy and continuity of the platform and website. BYP takes all reasonable measures to protect the data of users and psychological providers. However, you recognise that no measures can guarantee complete security and accordingly BYP accepts no responsibility for any loss of data. For more information on how BYP protects personal data, please refer to the privacy policy. BYP disclaims all liability for all direct and indirect damages, including purely financial losses arising from the use of the platform and the website, to the extent permitted by law. Binding legal provisions remain reserved. Users and Psychological Providers agree to fully indemnify BYP against all liabilities, costs, claims, causes of action, damages and expenses arising in any way in connection with your breach of any of the provisions of these Terms of Use. These Terms of Use shall be governed by Swiss law, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms of Use. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND AGREE TO HOLD US HARMLESS FROM ALL CLAIMS AND DEMANDS OF ANY KIND ARISING OUT OF THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ALL ACTS, OMISSIONS, OPINIONS, RESPONSES, ADVICE, SUGGESTIONS, INFORMATION AND/OR SERVICES OF ANY BYP PROVIDER AND/OR OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, BUT NOT LIMITED TO MERCHANTABILITY, Build Your Personality TERMS AND CONDITIONS NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR TOTAL LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT AND ANY USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PRIOR TO THE DATE OF THE CLAIM. If applicable law does not allow the limitation of liability described above, the limitation will be deemed modified only to the extent necessary to comply with applicable law. This section (Limitation of Liability) applies to the termination or expiration of this Agreement. By accepting the terms of this Arbitration Agreement, you and Company (collectively, the "Parties") agree that any dispute, claim or controversy (other than those expressly excepted below) arising out of or relating to (i) this Agreement and prior versions of this Agreement or relating to the existence, applicability, breach, termination, enforcement, interpretation, scope, waiver or validity thereof; and (ii) use of the Platform or the Services (collectively, "Disputes") shall be resolved on an individual basis by final and binding arbitration, regardless of the date of origination. Except as otherwise provided, this Arbitration Agreement is intended to apply to the resolution of Disputes that would otherwise be resolved in court or in a forum other than arbitration. All claims in arbitration shall be subject to the same statute of limitations that would apply in court. By accepting the terms of this Arbitration Agreement, you and the Company jointly agree to waive your respective rights to a jury trial. The parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or the enforceability of this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Consumer Rules"), which are available via the Internet at www.adr.org or by using a service such as Google to search for "AAA Consumer Arbitration Rules"; provided, however, that in the event of a conflict between the AAA Consumer Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. The following terms, conditions and procedures shall apply: - The arbitration shall be heard by one arbitrator selected in accordance with the AAA Consumer Rules. The arbitrator must be a member of the bar of the state in which the arbitration is to take place or a retired judge from a jurisdiction and, in either case, must have experience in the law underlying the dispute. - Each party shall pay the fees of its own counsel, subject to any remedies to which that party may subsequently be entitled under applicable law. In all cases where required by law, Company shall pay the arbitrator and arbitration fees. If Company is not required by applicable law to pay all arbitrator and/or arbitration fees, such fees shall be apportioned between the parties in accordance with applicable law. Any dispute as to whether Company is obligated to pay the arbitrator and arbitration fees and/or how such fees should be allocated between the parties shall be resolved by the arbitrator. - The arbitrator shall issue orders (including subpoenas to third parties for discovery prior to the hearing) allowing the parties to conduct sufficient discovery to enable each party to prepare its claims and/or defences, keeping in mind that arbitration is intended to be a quick and efficient method of resolving disputes. Terms and Conditions for Build Your Personality - Except as provided in the Class Action Waiver (as defined below), the arbitrator may award any relief to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall have no authority to award relief that would not have been available in a court of law for the claims submitted in arbitration. The arbitrator shall apply state or federal substantive law, or both, as applicable. - Either party may file a motion to dismiss and/or a motion for summary judgment, and the arbitrator shall apply the standards of the Federal Rules of Civil Procedure governing such motions. - The arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court of competent jurisdiction. - A party may apply to a court of competent jurisdiction for a temporary or preliminary injunction in connection with an arbitrable controversy in accordance with applicable law, and such application shall not be deemed inconsistent with or a waiver of this Agreement to Arbitrate. The court in which the motion is filed shall have the authority to consider the merits of the arbitrable controversy to the extent it deems necessary for its decision, but only to the extent permitted by applicable law. However, all determinations of final relief shall be decided in arbitration. - If for any reason the AAA fails to administer the arbitration, either party may apply to a court of competent jurisdiction for the appointment of a neutral arbitrator for the location where the arbitration is to be conducted. Nothing in this Arbitration Agreement shall preclude the investigation by any governmental agency of any report, claim or charge otherwise covered by this Arbitration Agreement. Nor does this Arbitration Agreement preclude federal administrative agencies from adjudicating claims and granting relief based on those claims, even if the claims would otherwise be covered by this Arbitration Agreement. Nothing in this Arbitration Agreement shall prevent or excuse a party from enforcing any prior term or condition of this Arbitration Agreement. and/or exhaust administrative remedies under applicable law before making a claim to arbitration. - Waivers of Class, Collective and Other Representative Actions ("Class Action Waiver"). You and the Company jointly agree that by entering into this Arbitration Agreement, you both waive your right to have any dispute, claim or controversy asserted, heard or arbitrated as a class, collective and/or other representative action to the fullest extent permitted by law, and an arbitrator shall have no authority to hear or arbitrate any such class, collective or other representative action. You also waive your right to receive notice of any class, collective or other representative action that may be filed. Notwithstanding any other provision contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that this class action waiver is unenforceable, unenforceable, void, voidable or voidable in whole or in part may be decided only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is brought as a class, collective or other representative action; and (ii) there is a final judicial determination that the class action waiver is unenforceable in whole or in part, the class, collective or other representative action shall be so litigated in a civil court of competent jurisdiction, but the portion of the class action waiver that is enforceable shall be enforced in arbitration. - Class Arbitration. To the extent permitted by applicable law, the parties agree that this constitutes "mass arbitration" and that the following terms, conditions and procedures shall apply, to the extent permitted by applicable law, the parties agree that this constitutes "mass arbitration" and that the following terms, conditions and procedures shall apply, to the extent permitted by applicable law, to increase the efficiency of resolution, in the event that 25 or more arbitrations of a similar nature are filed against the Company by or with the same law firm or with the same law firm or organisation: - The parties shall work together to group the arbitration claims into random batches of no more than 100 claims per batch. To the extent there are fewer than 100 arbitration claims remaining after the batch described above, a final batch will consist of the remaining claims. - Claimants' Counsel shall organise and submit the batch claims to the Arbitration Provider in a format pre-determined by the Arbitration Provider. Build Your Personality Terms and Conditions (T&Cs) - The Arbitration Provider will treat each batch of claims as a case, with each case containing a request for arbitration, an appointed arbitrator and a set of administrative documents, as well as administration and filing fees per batch. - A separate arbitrator will be appointed for each batch of claims and charged for each batch of claims. - The parties agree that arbitration claims are "similar in nature" if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief. - Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement does not require arbitration of the following claims: (i) individual claims filed in small claims court, so long as the matter remains before such court and proceeds only on an individual basis; (ii) individual claims of sexual assault or sexual harassment arising in connection with your use of the Platform; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This arbitration agreement also does not apply to disputes that may not be subject to arbitration as expressly provided in a controlling federal or state law. Disputes between the parties that may not be subject to pre-dispute arbitration agreement as provided in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) or as provided by an Act of Congress, are excluded from coverage under this Arbitration Agreement. - Optional Dispute Resolution and Pre-Arbitration Notice. Before initiating arbitration, you and the Company may first attempt to resolve disputes informally for 30 days, unless this period is mutually extended by the parties. Informal negotiations begin upon receipt of written notice from one party to the other ("Dispute Notice"). The Dispute Notice must: (i) contain the full name and contact information of the complaining party; (ii) describe the nature and basis of the dispute, claim or controversy; and (iii) set forth the specific relief requested. The Company will send its dispute resolution notice to your billing or email address. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiations by either party, its agents, employees and attorneys, are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or any other proceeding to which the parties are a party, provided that evidence that is otherwise admissible or discoverable shall not become inadmissible by reason of its use in the negotiation. - Application to Third Parties. This Arbitration Agreement is binding upon and encompasses all claims asserted by or against third parties, including but not limited to your spouse, heirs, third-party beneficiaries and assignees, if their underlying claims arise out of or relate to your use of the Platform or the Services. To the extent any third party beneficiary of this Agreement brings claims against the parties, such claims shall also be subject to this Arbitration Agreement. You hereby understand that you do not have the right to opt out of arbitration. We have a free session that you can test. Therefore, we have decided not to provide a trail period
3.2 Counsellors are obliged to offer their counselling services exclusively within the scope of their qualifications and not to use the platform for services that are outside their area of expertise. Counsellors working via the platform must meet the following minimum qualifications Academic degree: An accredited degree in psychology, counselling, social work or a related field of mental health (Bachelor of Science is sufficient);Professional experience: At least two years of post-graduate professional experience in the provision of mental health mental health services or in other areas of coaching (such as lecturing). The Company will review the Counsellor's qualifications at the time of hire and periodically thereafter. However, the Counsellor is required to maintain the validity of his/her qualifications independently. If the authorisation expires or becomes invalid, the platform must be informed immediately.
3.3 Counsellors are solely responsible for complying with data protection regulations and all other relevant laws and guidelines in connection with their services. The protection of clients referred through our Build Your Personality platform ("Platform") and the integrity of the services provided through the Platform are of paramount importance. Counsellors therefore undertake not to contact, solicit or retain clients they have met or been referred to through the Platform for private counselling services provided outside the Platform under Build Your Personality Terms and Conditions. Any such attempt to circumvent the Platform is prohibited and constitutes a serious breach of these General Terms and Conditions. According to the German Civil Code (BGB), which regulates the prohibition of immoral damage, an act that is intentionally to the detriment of the platform or the client can lead to liability for damages. In addition, the principle of good faith pursuant to Section 242 BGB applies here, which obliges counsellors to use the contractual relationship fairly and in good faith within the framework of the platform and not to abuse it for their own benefit. Counsellors undertake not to offer any services outside the platform if the client relationship has been established via the platform, unless there is express written permission from the platform. This obligation includes all attempts to make contact that are aimed at circumventing the use of the platform and bringing the counsellor into a direct counselling relationship with the client. A breach of these provisions may lead to a liability for damages within the meaning of Sections 280 and 823 of the German Civil Code (BGB), as the platform suffers financial loss as a result of this action. If a Counsellor violates these provisions, he is obliged to pay a contractual penalty in the amount of [insert amount] to the Platform. The amount of the contractual penalty may be adjusted to the severity of the breach and the damage caused and does not replace the assertion of further claims for damages. Pursuant to Section 280 (1) and (2) BGB, the Platform may assert claims for compensation for damages and loss of profit in cases of culpable breach of duty by the Counsellor. The Counsellor is solely responsible and liable for all legal consequences resulting from a breach of these provisions. He shall indemnify the platform against all claims by third parties resulting from the unauthorised solicitation or counselling of clients outside the platform. In accordance with the statutory provisions of §§ 249 ff. BGB (German Civil Code), the Counsellor shall assume all costs, including legal costs, arising from his behaviour in breach of contract. These provisions apply internationally and are enforceable regardless of the Counsellor's jurisdiction. Counsellors who breach these terms and conditions and serve clients outside of the agreed scope acknowledge that they submit to the jurisdiction and legal consequences under the laws of the country in which the platform is based. The place of jurisdiction for any dispute arising from a breach of these Terms shall be the registered office of the Platform and the laws of the United Arab Emirates (UAE) shall apply, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). 4. remuneration and payment processing 4.1 Counsellors receive remuneration for their services, which is processed directly via the Platform. The company collects the payment from the client and makes the payment to the counsellor on a monthly basis. 4.2 The Company reserves the right to charge a platform fee, which will be deducted prior to payment. Changes to the fee structure will be communicated to Counsellors in advance. 4.3 Counsellors are responsible for fulfilling all tax and social security obligations arising from their work. 5 Data protection and confidentiality 5.1 The Company undertakes to handle personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. You also agree to the provisions of the attached Privacy Policy on the collection, processing and use of personal data on behalf of minors. You further agree that consent to the Services will remain in effect until cancellation of membership, and you hereby certify and agree that all information you have provided on or through the Platform, and the information you will provide on or through the Platform in the future, is accurate, truthful, current and complete. In addition, you agree that during the term of this Agreement you will take care to maintain and update such information so that it continues to be accurate, current and complete.you agree, acknowledge and recognise that you are responsible for maintaining the confidentiality of your password and all other security information related to your account (collectively, "Account Access"). We advise you to change your password frequently and to take special care to protect your password and you agree to notify us immediately of any unauthorised use of your Account Access or any other breach of the security of your Account. You agree, acknowledge and recognise that we are not liable for any loss or damage caused by someone else using your account with or without your consent and/or knowledge, and you agree, acknowledge and recognise that you are solely and fully liable and responsible for all activities that you carry out using your account access. You further acknowledge and agree Build Your Personality Terms and Conditions that we will hold you liable and responsible for any damage or loss caused by the use of your Account Access by any person authorised or unauthorised by you, and you agree to indemnify us for any such damage or loss.You agree and undertake not to use another person's account or account access for any reason, and you agree and acknowledge that your use of the Platform, including the Services, is for your own personal use only and that you are not using the Platform or the Services for or on behalf of any other person or organisation.You agree and undertake not to interfere with or disrupt or attempt to interfere with or disrupt any of our systems, services, servers, networks or infrastructure or the systems, services, servers, networks or infrastructure of the Platform, including but not limited to gaining unauthorised access to any of the foregoing.You agree and undertake not to use the Platform to post, send or transmit any of the following: (a) unsolicited email and/or advertising or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, invasive of privacy, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) content that infringes the rights of third parties, including intellectual property rights; (e) content that may cause harm to third parties; (f) content that may constitute, cause or encourage criminal offences or violate any applicable law.You agree and undertake not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or code of ethics in connection with your use of the Platform and your relationship with Counsellor and us, and if you receive a file from us or a Counsellor, whether through the Platform or not, you agree to check and scan such file for viruses or malicious software before opening or using it.You will indemnify, defend 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 related to the following: (a) your access to or use of the Platform; (b) any actions taken with your account or account access, whether by you or any other person; (c) your violation of any of the terms of this Agreement; (d) non-payment for services (including services) provided through the Platform; (e) your violation of any third party rights, including but not limited to intellectual property rights, publicity rights, confidentiality rights, proprietary rights or privacy rights. This clause shall survive the expiration or termination of this Agreement, and you acknowledge and agree to use only credit cards or other means of payment (collectively, "Payment Means") that you are duly and fully authorised to use, and that all payment-related information that you have provided and will provide in the future to the Platform is and will continue to be accurate, current and correct.You agree to pay all fees and charges associated with your account in a timely manner and in accordance with the Fee Schedule, terms and rates posted on the Platform. By providing us with your means of payment If you provide us with payment information, you authorise us to charge and debit you for these payment methods and you agree to maintain valid payment method information in your account information. Except for the specific limits of confidentiality described below, clients have the absolute right to confidentiality of their information. Clients are assured that all personal information collected by the counsellor in the course of providing psychological services will be treated confidentially and securely. If the counsellor needs to obtain information from or disclose information to other individuals, physicians, emergency services, family members and/or schools, a signed consent to disclose information in writing is required from the client to authorise such activities. The counsellor may occasionally find it necessary to consult with other professionals/administrators about a client's treatment to monitor or refer to another professional on the BYP platform. No identifying information about the client will be disclosed during a professional counselling session. The counsellor is also obliged to keep all information confidential. According to the rules of practice, such counselling does not constitute a breach of confidentiality. However, the client's right to confidentiality changes under certain circumstances: Where the client waives their right to confidentiality and agrees in writing; where disclosure is reasonably necessary to avert clear and imminent danger to the client or others around them and the client is unwilling or unable to ensure their safety; in matters involving Build Your Personality Terms and Conditions (T&Cs) the welfare or abuse of children, vulnerable adults or the elderly; where there is a court order as required by law. We may send you notices or other communications relating to this Agreement or any aspect of the Platform by email to the email address we have on record for you, by post or by online mail. The date of receipt shall be deemed to be the date on which such notice is given. You irrevocably agree that the exclusive venue for any action or proceeding arising out of this Agreement or our relationship with you shall be the courts of the jurisdiction. You irrevocably consent to the personal jurisdiction of the above courts and hereby waive any objection to the exercise of jurisdiction by the above courts, and we may amend this Agreement by posting changes on the Platform. Unless otherwise specified by us, all changes will be effective upon posting. We therefore recommend that you review the terms of this Agreement regularly. The date of the last update of this Agreement is indicated at the end of the Agreement. By using the Platform after the changes become effective, you agree to be bound by the changes to the Agreement. If you do not agree to the changes, you must stop accessing the Platform and participating in its services.we may freely transfer or assign this Agreement or any of its obligations hereunder.the paragraph headings in this Agreement are for convenience only and will not be considered in interpreting this Agreement.If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, unenforceable or otherwise illegal, the remaining provisions of this Agreement shall remain in full force and effect.You understand, agree and acknowledge that we may modify, suspend, discontinue or terminate the Platform, any part of the Platform or use of the Platform at any time, with or without notice to you, whether for all customers or specifically for you. You agree and acknowledge that we shall not be liable for any of the foregoing or for any loss or damage caused by any of the foregoing, and that the Platform depends on various factors, such as software, hardware and tools that are either owned by us or operated by our contractors and suppliers. Although we use commercially reasonable efforts to ensure the reliability and accessibility of the Platform, you understand and agree that no Platform can be 100% reliable and accessible, so we cannot guarantee that access to the Platform will be uninterrupted or accessible at all times, consistent, timely or error-free. 5.2 Counsellors are obliged to treat all client data confidentially and to use it exclusively for the agreed counselling services. Data may only be passed on to third parties with the express consent of the client or in cases prescribed by law (e.g. in the case of endangerment of a child's welfare in accordance with § 8a SGB VIII). 5.3 Counsellors are responsible for the secure storage and processing of personal data and must take appropriate technical and organisational measures to protect the data. 5.4 For the provision of video call services, our platform uses the provider Doxy.me. The use of the digital interfaces and services of Doxy.me Inc. is subject to the specific terms of use and privacy policy of Doxy.me. These apply to all users of the Doxy.me website (https://doxy.me), including counsellors who communicate as "providers" with clients or "patients" via a Doxy.me account. Compliance with these Terms of Use and Privacy Policy is a condition of using the Doxy.me service. Doxy.me owns all content provided through its platform, including files, text, images and videos, which are protected by copyright and may not be copied, modified or reused without the express written permission of Doxy.me. Providers on the platform are independently responsible for complying with all legal and professional regulations that apply to their activities as healthcare providers. The relationship between the provider and the client is their sole responsibility, and Doxy.me assumes no responsibility or liability for the counselling services provided or the billing processes. Doxy.me only provides the platform for communication without entering into a patient relationship. Doxy.me requires providers to observe all security precautions for their accounts on Build Your Personality Terms and Conditions. This includes the use of strong passwords and protection against malicious software. The transfer of user accounts to third parties is prohibited and all users must follow the guidelines for securing and protecting their data. Doxy.me's liability for damages that may arise from the use of the service is limited. The service is provided "as is" and is not warranted to be available or error free at all times. Doxy.me reserves the right to update its Terms of Use and Privacy Policy. Users are advised to check the Doxy.me website regularly for the latest terms and conditions, as changes to the terms and conditions will be deemed accepted with continued use of the service. By using the Doxy.me services, the providers agree to these terms and conditions and undertake to comply with all provisions specified by Doxy.me. 6 Termination and cancellation 6.1 Both parties may terminate this contract in writing with a notice period of 30 days to the end of the month. 6.2 The company reserves the right to terminate the contract without notice and to block the counsellor's access to the platform if these terms and conditions or the applicable legal and ethical standards are violated. 6.3 After termination of the contract, the Counsellor undertakes to delete all confidential information about clients and the Platform and to cease counselling services via the Platform immediately.
7 Protection against fishing expeditions, unauthorised use of data and exclusion of liability for external communication
7.1 The use of the "Build Your Personality" platform (hereinafter referred to as the "Platform"), including its functions, content and databases, is permitted exclusively for the purpose specified in these General Terms and Conditions (GTC). Any use of the Platform or its components that is intended to collect, analyse, manipulate or otherwise misuse information without authorisation is expressly prohibited and constitutes a serious breach of these Terms and Conditions. breach of these GTC. This includes, in particular, unauthorised use by natural or legal persons acting with the intention of systematically extracting data or engaging in other harmful activities.
7.1.1.1 Prohibition of contact with clients:
Consultants undertake not to directly or indirectly contact any clients acquired via the platform in order to offer services outside the platform.
7.1.1.2 Prohibition of advertising:
Counsellors are prohibited from carrying out advertising or other measures that could encourage clients to bypass the platform or use alternative services outside the platform.
7.1.1.3 Circumvention of services:
Any circumvention of the Platform by offering counselling services to Clients outside the Platform is strictly prohibited and constitutes a material breach of contract.
7.1.1.4 Confidentiality of client data:
Counsellors undertake to use client data collected via the Platform solely in the context of the services provided on the Platform and not for private purposes or outside the Platform.
7.1.1.5 Prohibition of counselling outside the platform:
Consultants are prohibited from providing services of any kind that are comparable to the services offered via the Platform outside the Platform to clients of the Platform, unless the Platform has expressly agreed to this in writing.
7.1.1.6 Contractual penalties:
In the event of a breach of these provisions, the platform reserves the right to assert contractual penalties of up to EUR 5,000 as well as claims for damages for lost profits.
7.1.1.7 Legal consequences of violations:
Consultants who violate these provisions are personally liable for all damages incurred by the platform or third parties as a result, including legal fees and court costs.
7.1.1.8 Long-Term Confidentiality:
The prohibition of circumvention and the protection of client data shall continue to apply for a period of at least 14 months after termination of the cooperation between the consultant and the platform.
7.2 "Fishing expeditions" are understood to mean all measures aimed at collecting or extracting data from the platform without a legitimate reason or legitimate interest, whether by automated or manual methods. The following activities in particular, but not exhaustively, fall under the prohibition:
(a) The use of automated systems, including but not limited to bots, web crawlers, scraping tools, parsers, macros or other software programs designed to access the Platform and systematically collect or analyse data without authorisation.
b) Sending requests at an unusually high frequency with the aim of impairing the functionality of the platform or specifically extracting information.
c) The deliberate manipulation of interfaces or security measures in order to gain unauthorised access to sensitive data on the platform, including personal data of clients, counsellors or other users.
d) The intentional collection, storage, processing or disclosure of information that is not intended for public access or intended use of the Platform.
7.3 Users who utilise the Platform expressly undertake to use the Platform only within the framework of the applicable laws and these GTC. Any action that is likely to jeopardise the operation of the platform or impair its security is prohibited. Users further agree not to take any measures aimed at circumventing, deactivating or manipulating the platform's technical protection devices.
7.4 Exclusion of liability for external communication outside the platform
a) The "Build Your Personality" platform provides its users with technical solutions, including the integration of the Doxy.me video call service, to ensure secure and reliable communication between clients and counsellors.
b) The Company expressly distances itself from any communication or counselling that takes place outside the infrastructure provided by the platform, whether through other means of communication, software or links provided independently by Counsellors or Clients.
c) Should Counsellors decide to provide counselling services through alternative platforms or links (including but not limited to other video call services, emails or messaging services), such communication is solely at the risk of the parties involved. In such cases, the company assumes no liability for the quality, security, confidentiality or legal admissibility of such counselling services.
d) Clients and Counsellors are expressly advised that the use of alternative means of communication is not covered by the technical and legal standards of the Platform. In particular, the company accepts no responsibility for any data protection breaches, data loss, technical faults or other disadvantages that may arise from the use of external communication channels.
e) In order to ensure the protection of Clients and Counsellors, the Company strongly recommends using only the communication channels provided by the Platform.
7.5 The Company undertakes to take appropriate technical and organisational measures to protect the Platform from unauthorised access, manipulation and misuse of data. This includes in particular
(a) The implementation of security protocols to monitor suspicious activity.
b) The use of firewall systems, encryption technologies and access restrictions to ensure the data integrity of the platform.
c) Regularly checking the platform for security gaps and potential vulnerabilities that could be exploited for unauthorised access.
d) Taking immediate action if a potential breach is detected, including temporarily or permanently blocking the affected user account.
7.6 In the event of a breach of the provisions of this section, the Company expressly reserves the right to take appropriate legal action. This includes in particular, but is not limited to
(a) The immediate blocking of access to the Platform and the permanent cancellation of the User Account concerned.
b) The assertion of claims for damages in accordance with Sections 280, 823 and 826 of the German Civil Code (BGB) due to wilful or negligent behaviour that has caused damage to the company or other users of the platform.
c) The initiation of legal action to prevent further violations and to enforce contractual penalties of up to [insert amount], whereby the amount of the contractual penalty may be adjusted in accordance with the damage incurred and the severity of the violation.
d) The reimbursement of all costs and expenses incurred in connection with the legal prosecution of the infringement, including legal fees and court costs.
The place of jurisdiction for all disputes arising from a breach of this provision shall be the registered office of the Company. The laws of the United Arab Emirates shall apply, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
Limitation of liability and place of jurisdiction
8.1 The Company shall not be liable for any indirect, incidental, special or consequential damages arising out of the use of the Platform or the services of Counselor. 8.2 This Agreement shall be governed by the laws of the United Arab Emirates excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from this contract is the registered office of the company.
9. mediation and arbitration clause
9.1 Both parties undertake to settle all disputes arising out of this contract or in connection with the Platform through mediation before arbitration proceedings are initiated.
9.2 If mediation is unsuccessful, all disputes shall be finally settled by arbitration in UAE. Contact If you have any questions or concerns about these T&Cs, please contact us
The Company reserves the right to amend these Terms and Conditions at any time to comply with legal requirements or changes in the business environment. Counsellor and Clients will be notified of any material changes at least 10 days in advance. You irrevocably agree that the exclusive venue for any action or proceeding arising out of this Agreement or our relationship with you shall be the courts of the jurisdiction. You irrevocably consent to the personal jurisdiction of the above courts and hereby waive any objection to the exercise of jurisdiction by the above courts.we may amend this Agreement by posting changes on the Platform. Unless otherwise specified by us, all changes will be effective upon posting. We therefore recommend that you review the terms of this Agreement regularly. The date of the last update of this Agreement is indicated at the end of the Agreement. By using the Platform after the changes become effective, you agree to these changes to the Agreement. If you do not agree to the changes, you must stop accessing the Platform and participating in its services.we may freely transfer or assign this Agreement or any of its obligations hereunder.the paragraph headings in this Agreement are for convenience only and will not be considered in interpreting this Agreement.If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, unenforceable or otherwise illegal, the remaining provisions of this Agreement shall remain in full force and effect.You understand, agree and acknowledge that we may modify, suspend, discontinue or terminate the Platform, any part of the Platform or use of the Platform at any time, with or without notice to you, whether for all customers or specifically for you. You agree and acknowledge that we shall not be liable for any of the foregoing or for any loss or damage caused by any of the foregoing, and that the Platform is dependent on various factors, such as software, hardware and tools that are either owned by us or operated by our contractors and suppliers. Although we use commercially reasonable efforts to ensure the reliability and accessibility of the Platform, you understand and agree that no Build Your Personality Terms and Conditions Platform can be 100% reliable and accessible and therefore we cannot guarantee that access to the Platform will be uninterrupted or accessible at all times, consistent, timely or error-free. If one or more provisions of these Terms of Use are unlawful (in whole or in part), void or otherwise unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. All disputes arising out of or in connection with this Agreement or the use of the Platform shall be governed exclusively by the laws of the United Arab Emirates (UAE). However, if the registered office of the Counsellor is located in a European country, the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall also apply insofar as this is required by law.
By using the platform, both parties recognise and agree to the terms of the "Agreement on the Use of the Platform and Cooperation with Independent Psychological Counsellors". This contract is binding and comes into force when the platform is used for the first time. By using the platform, both parties undertake to comply with the responsibilities and obligations set out therein.
By registering and using the 'Build Your Personality' platform, the counsellor and their clients declare that they have read, understood and agreed to these general terms and conditions.
Without consent to these general terms and conditions, use of the platform is not permitted.