Terms and conditions

Effective as of 30, October 2023

  • Introduction and Overview
  • Use of the platform
  • Booking and Appointment Management
  • Payment and Fee
  • Termination and Suspension
  • Dispute Resolution
  • Liability and Indemnification
  • Confidentiality and Data Protection
  • Amendments and Modifications
  • Miscellaneous Provisions

Introduction And Overview

Purpose Of The Document

The purpose of this document is to outline the terms and conditions under which clients ('you' or 'Client') use the TranqBay platform ('Platform' or 'we' or 'TranqBay'). This document aims to ensure a clear understanding of the rights, responsibilities, and obligations of TranqBay and the Clients who use our platform to access therapy services.

Introduction And Acceptance

By creating an account and using the TranqBay platform, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use the platform. TranqBay reserves the right to modify these terms at any time, and your continued use of the platform constitutes acceptance of any changes made.

Definition Of Terms

  • Client: An individual who uses the TranqBay platform to book therapy or related services.
  • Provider: A licensed professional offering therapy or related services on the TranqBay platform.
  • Platform: The TranqBay website and mobile applications through which services are offered and booked.
  • Session: A scheduled appointment between a therapist and a client.
  • Cancellation: The act of terminating a scheduled session before it occurs.
  • Rescheduling: Changing the time or date of a scheduled session.
  • Third-party: Means other users of the App other than Clients and therapists.
  • Content: Means any content, writing, images, audiovisual content or other information published on this App.
  • Material: Means any materials, information or documentation that we may provide to you in connection with your use of the services including documentation, data, information developed and other materials which may assist in your use of the App.
  • Terms: Means these terms and conditions of this agreement.
  • Product: All services offered on the Application.
  • Force Majeure: Any event that might hinder the performance of our obligation under these terms and conditions.

Use Of The Platform

License To Use The Platform

TranqBay grants clients a limited, non-exclusive, non-transferable, and revocable license to access and use the platform for booking therapy services. This license is conditioned on your compliance with these terms and conditions.

Acceptable Use Policy

Clients must use the platform in a manner that is lawful, ethical, and in accordance with these terms and conditions. Acceptable use includes:

  • Providing accurate and truthful information.
  • Using the platform solely for its intended purpose of booking therapy services.
  • Respecting the privacy and confidentiality of therapists and other users.

Prohibited Activities

Clients are prohibited from engaging in any activities that:

  • Violate any laws or regulations.
  • Infringe on the rights of others, including intellectual property rights.
  • Interfere with the operation or security of the platform.
  • Mislead, defraud, or harm TranqBay or other users.
  • Include unauthorized advertising or spam.

Intellectual Property Rights

All content and materials displayed on the TranqBay website, including text, graphics, logos, and software, are the property of TranqBay or its licensors and are protected by intellectual property laws. Visitors must not reproduce, distribute, or use any content without permission.

Booking and Appointment Management

Scheduling Appointments

Clients are responsible for booking their therapy sessions through the TranqBay platform. This includes:

  • Selecting a therapist and booking a session based on the therapist's availability.
  • Confirming appointments promptly to ensure therapists receive timely notifications.

Cancellation and Rescheduling Policies

Clients must adhere to the cancellation and rescheduling policies outlined in the 'Cancellation, Rescheduling, and Refund Policy for Clients.' This includes:

  • Providing at least 48 hours' notice for cancellations to receive a refund minus 5% processing fee.
  • Managing rescheduling requests promptly and efficiently.

No-Show Policies

Clients are expected to attend all scheduled sessions. Failure to attend without prior notice will result in no refund, and the therapist will receive their expected earnings.

Disclaimer Of Warranties And Limitation Of Liability

  • TranqBay provides the website on an 'as-is' and 'as-available' basis. TranqBay makes no representations or warranties of any kind, express or implied, regarding the website or its content. This includes, but is not limited to, warranties of merchantability, completeness, reliability, or suitability for any particular purpose.
  • To the fullest extent permitted by law, TranqBay is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of or inability to use, the website. This includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, or computer viruses.

Appointment Reminders and Notifications

TranqBay will send automated reminders and notifications to clients and therapists to ensure both parties are aware of upcoming appointments. Clients must:

  • Ensure their contact information is accurate to receive these notifications.
  • Respond to notifications promptly to confirm or reschedule sessions as necessary.

Payment and Fees

Fee Structure

Clients are required to pay for sessions at the time of booking. The current fee structure includes:

  • Session Fees: The cost of each session as set by the therapist.
  • Processing Fees: Any additional fees for payment processing via our payment gateway (Paystack).

Refunds and Chargebacks

Refunds and chargebacks are managed as follows:

  • Client-Initiated Refunds: Clients can request a refund as per the Cancellation, Rescheduling, and Refund Policy. Refunds will be processed immediately and credited to the client's Tranqbay wallet.
  • Therapist Cancellations: If a therapist cancels a session within 24 hours of the scheduled time, the client receives a full refund immediately credited to their Tranqbay wallet.
  • Chargebacks: Any chargebacks initiated by the client's bank will be handled in accordance with our payment gateway's policies. Clients will be notified of any chargebacks, and the disputed amount will be deducted from their account until the issue is resolved.

Billing and Invoicing

Clients will receive invoices and payment receipts via email. Details include:

  • Session Fees: The cost of each session.
  • Processing Fees: Any additional fees for payment processing.
  • Subscription Plans: If applicable, clients may opt for a subscription plan which will be billed monthly or annually.

Taxes and Deductions

Clients are responsible for any applicable taxes on the services they purchase. TranqBay will:

  • Tax Reporting: Provide necessary tax documents and reports to comply with local tax regulations.

Termination and Suspension

Grounds for Termination

TranqBay reserves the right to terminate or suspend a client's account for any of the following reasons:

  • Violation of these terms and conditions.
  • Engaging in prohibited activities or unethical conduct.
  • Repeated complaints or negative feedback from therapists.
  • Any actions that harm or potentially harm the reputation or operations of TranqBay.

Voluntary Termination by Client

Clients may choose to terminate their account at any time by notifying TranqBay in writing. Upon receiving the termination request, TranqBay will deactivate the client's account and remove their profile from the platform.

Effect of Termination

Upon termination, whether by TranqBay or the client:

  • The client's access to the platform will be immediately revoked.
  • Any pending sessions will be canceled, and therapists will be notified.
  • Any outstanding payments due to the client will be processed according to the platform's payment schedule.
  • The client must continue to comply with the confidentiality and data protection obligations outlined in these terms.

Suspension of Services

TranqBay may temporarily suspend a client's access to the platform if there are concerns about the client's conduct or compliance with these terms. During the suspension, the client will not be able to book services until the issues are resolved.

Dispute Resolution

Internal Dispute Resolution Mechanism

TranqBay is committed to resolving disputes amicably and efficiently. Clients and therapists are encouraged to contact TranqBay support to address any issues or concerns. TranqBay will investigate and mediate disputes to reach a fair resolution.

Mediation and Arbitration

If a dispute cannot be resolved through internal mechanisms, TranqBay may require mediation or arbitration as an alternative to litigation. Both parties must agree to participate in mediation or arbitration, and the process will be conducted in accordance with the rules of a recognized arbitration organization.

Jurisdiction and Governing Law

These terms and conditions are governed by the laws of the jurisdiction in which TranqBay operates. Any legal actions or proceedings related to these terms must be brought in the courts of that jurisdiction.

Liability Indemnification

Limitation of Liability

TranqBay's liability to clients is limited to the amount of fees collected for services rendered through the platform. TranqBay is not liable for any indirect, incidental, or consequential damages arising from the use of the platform.

Indemnification Clause

Clients agree to indemnify and hold harmless TranqBay, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from the client's use of the platform, breach of these terms, or violation of any laws or regulations.

Confidentiality and Data Protection

Handling of Client Data

Clients must handle all therapist data with the utmost care and confidentiality. This includes:

  • Using secure methods for storing and transmitting therapist information.
  • Only accessing therapist data necessary for receiving services.
  • Complying with all applicable data protection laws and regulations.

Data Protection Obligations

Clients must take all reasonable measures to protect therapist data from unauthorized access, disclosure, or misuse. This includes implementing appropriate technical and organizational security measures.

Confidential Information

Clients must keep all confidential information obtained through the platform secure and not disclose it to any unauthorized parties. Confidential information includes, but is not limited to, therapist data, business operations, and proprietary information of TranqBay.

Data Breach Notification

In the event of a data breach involving therapist information, clients must immediately notify TranqBay and take all necessary steps to mitigate the impact of the breach. TranqBay will assist in notifying affected therapists and complying with legal obligations related to data breaches.

Amendments and Modifications

Right to Amend Terms and Conditions

TranqBay reserves the right to amend or modify these terms and conditions at any time. Clients will be notified of any changes through the platform or via email.

Notification of Changes

Clients will be given reasonable notice of any significant changes to these terms and conditions. Clients must review and accept the updated terms to continue using the platform.

Acceptance of Changes

By continuing to use the platform after any changes to these terms and conditions, clients agree to be bound by the updated terms. If clients do not agree with the changes, they must cease using the platform and notify TranqBay of their intent to terminate their account.

Miscellaneous Provisions

Entire Agreement

These terms and conditions constitute the entire agreement between TranqBay and the client regarding the use of the platform and supersede any prior agreements or understandings, whether written or oral.

Force Majeure

TranqBay is not liable for any failure or delay in performing its obligations under these terms and conditions due to events beyond its reasonable control, including natural disasters, acts of terrorism, or government actions.

No Waiver

The failure of TranqBay to enforce any provision of these terms and conditions does not constitute a waiver of its right to enforce that provision or any other provision in the future.

Assignment and Delegation

Clients may not assign or delegate their rights or obligations under these terms and conditions without the prior written consent of TranqBay. TranqBay may assign or delegate its rights and obligations to any affiliate or successor.

By adhering to these terms and conditions, clients can ensure a professional and reliable experience on the TranqBay platform, while maintaining the integrity and trustworthiness of the platform. If you have any questions or need further clarification, please contact TranqBay support.

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