Terms and conditions

Purpose Of The Document

This document outlines the terms and conditions under which individuals ('Users') and mental health professionals ('Therapists') may access and use the TranqBay platform ('Platform', 'we', 'TranqBay'). These terms ensure clear understanding of rights, responsibilities, and obligations of all parties.

Platform Role and Services

TranqBay operates as a marketplace platform connecting mental health therapists with potential clients. We provide:

• A searchable directory of mental health therapists
• Booking and session management tools
• Secure payment processing
• Communication tools between therapists and clients

We explicitly state that TranqBay does not provide mental health services directly and acts solely as a facilitating platform.

User Terms

Eligibility and Account Creation

• Users must be at least 18 years of age
• Users must provide accurate and complete information when registering
• Users are responsible for maintaining the security of their account credentials
• Users must verify their email address and phone number

Platform Usage

• The platform is free to access and browse
• Session fees are set independently by therapists
• Users agree to communicate professionally and respectfully
• Users must not share access to their account

Session Booking and Management

• Users can book sessions through the platform's booking system
• Payment must be made through the platform's payment system
• A 15-minute grace period applies to all sessions
• Cancellation policies are outlined on our Cancellation Policy page

User Responsibilities

• Maintaining accurate personal information
• Ensuring appropriate technology for online sessions
• Adhering to therapists' cancellation policies
• Adhering to therapists' cancellation policies
• Notifying TranqBay of any platform issues or concerns

Practitioner Terms

Eligibility and Verification

Therapists must meet the requirements specific to their jurisdiction:

European Union

• Hold valid EU-recognized qualifications
• Maintain professional insurance valid in the EU
• Register with relevant EU member state professional bodies
• Comply with EU cross-border practice regulations

United States

• Hold valid state licenses where practicing
• Maintain US-based professional liability insurance
• Comply with state-specific teletherapy regulations
• Follow interstate practice guidelines where applicable

Nigeria

• Register with relevant Nigerian professional bodies
• Hold valid Nigerian practice licenses
• Maintain appropriate professional insurance
• Comply with Nigerian healthcare regulations

United Kingdom

• Register with relevant UK professional bodies
• Maintain UK-valid professional insurance
• Comply with UK healthcare regulations

Canada

• Hold valid provincial regulatory college registration
• Maintain professional liability insurance covering telehealth
• Comply with provincial health information acts
• Follow inter-provincial practice regulations where applicable

Australia

• Register with AHPRA or relevant professional bodies
• Maintain professional indemnity insurance
• Comply with Australian telehealth guidelines
• Follow state and territory practice regulations

All therapists must:

• Complete TranqBay's verification process
• Provide proof of qualifications and insurance
• Maintain current professional registrations
• Update credentials as required

Practice Standards

• Maintain professional standards as required by governing bodies
• Set clear booking and cancellation policies
• Maintain accurate calendar availability
• Respond to booking requests within 24 hours

Practice Standards

• Maintain professional standards as required by governing bodies
• Set clear booking and cancellation policies
• Maintain accurate calendar availability
• Respond to booking requests within 24 hours

Data Protection and Privacy

As a data controller under applicable privacy laws (GDPR for EU/UK, HIPAA for US, NDPR for Nigeria), therapists must:

• Maintain client confidentiality
• Secure client data appropriately
• Follow data protection regulations
• Report any data breaches immediately

Payment Terms

Fee Structure

• Session fees are set by therapists
• Platform commission: 10% for platform-referred clients
• No commission for practitioner's existing clients
• All payments processed through platform

Payment Processing

• Secure payment processing through authorized therapists
• Regular payment transfers to therapists
• Clear refund policies for cancelled sessions
• Dispute resolution process

Crisis Management and Safety

Emergency Procedures

• Clear protocol for mental health emergencies
• Emergency contact information readily available
• Crisis intervention resources provided
• Immediate referral to emergency services when needed

Safeguarding

• Protection of vulnerable users
• Clear reporting mechanisms
• Regular safety reviews
• Professional supervision requirements

Legal Framework

Jurisdiction and Governing Law

This platform operates across multiple jurisdictions. The following laws and regulations apply based on your location:

European Union

• Compliant with GDPR and EU consumer protection laws
• EU users have rights under EU consumer protection legislation
• EU-based therapists must comply with relevant EU healthcare regulations

United States

• Compliant with HIPAA where applicable
• State-specific mental health regulations apply
• Interstate practice regulations must be followed
• Therapists must comply with state licensing requirements

Nigeria

• Compliant with Nigerian Data Protection Regulation (NDPR)
• Subject to Nigerian healthcare regulations
• Therapists must comply with relevant Nigerian professional body requirements

United Kingdom

• Governed by UK data protection laws
• Subject to UK healthcare regulations
• Additional rights for Northern Ireland and Scotland residents

Canada

• Compliant with PIPEDA and provincial privacy laws
• Provincial health information acts apply
• Therapists must comply with provincial regulatory college requirements
• Cross-provincial practice regulations must be followed

Australia

• Compliant with Privacy Act 1988 and Australian Privacy Principles
• Subject to Australian healthcare regulations
• Therapists must comply with AHPRA or relevant professional body requirements
• State and territory health regulations apply

Dispute Resolution

• For EU users: Access to EU Online Dispute Resolution platform
• For US users: Arbitration procedures per state requirements
• For Canadian users: Provincial courts or federal court jurisdiction as applicable
• For Australian users: Australian courts have jurisdiction, ACCC dispute resolution available
• For Nigerian users: Local dispute resolution mechanisms
• For UK users: UK courts have jurisdiction

Intellectual Property

• Platform content and features owned by TranqBay
• Limited license granted to users and therapists
• No unauthorized reproduction or distribution
• Clear guidelines for content sharing

Liability

TranqBay's liability is limited to:

• Platform functionality and availability
• Secure payment processing
• Data protection compliance
• Platform-level security measures

TranqBay is not liable for:

• Quality or outcome of therapy sessions
• Professional conduct of therapists
• Client-practitioner disputes
• Technical issues beyond our control

Privacy and Data Protection

Regional Data Protection Compliance

European Union & UK (GDPR)

• Comprehensive data protection rights
• Data portability and erasure rights
• Clear consent mechanisms
• 72-hour breach notification

United States (HIPAA)

• Protected Health Information (PHI) safeguards
• Business Associate Agreements where required
• Security Rule compliance
• Privacy Rule adherence

Nigeria (NDPR)

• Data subject rights protection
• Local data processing requirements
• Breach notification procedures
• Data transfer restrictions
• Clear data collection and processing policies
• Defined data retention periods
• User rights under GDPR
• Data breach notification procedures

Data Security

• End-to-end encryption for communications
• Secure data storage and transmission
• Regular security audits
• Data transfer restrictions
• Clear data deletion procedures

Prohibited Activities

Users and therapists must not:

• Violate any laws or regulations
• Harass or harm other users
• Share inappropriate or offensive content
• Attempt to circumvent platform features
• Misuse platform data or services

Changes to Terms

• TranqBay reserves the right to update these terms
• Users will be notified 14 days before changes
• Continued use indicates acceptance of changes
• Regular review of terms recommended