PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE.

Last Modified: November 16, 2017

These Terms of Service and Use Agreement (the “Agreement”) apply to all persons (“you”, “user”) who access and/or use the The Brightly Network (the “Platform”) for advice, consulting, and any other information. This Agreement applies with respect to a user’s access and/or use of the Platform regardless of where such Platform is made available.

The Platform is owned and operated by The Brightly Project Limited (“we”, “us”, “our”).

By accessing or using the Platform, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must refrain from signing up to the Platform, you must stop making any use of the Platform and you should not access the Platform.

You represent and warrant that you are of legal age to form a binding contract.

You will only use the Platform for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

IMPORTANT

USE OF THE PLATFORM IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 999 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 999 FOR EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES.

THE INFORMATION ON THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL HELP OR ADVICE.

YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.

The Providers And The Search Service

The Platform enables you to search for, read about, and communicate with a counsellor, clinical psychologist, psychologist, therapist, coach, advisor or any other person (collectively referred to as “Providers”) for the purpose of acquiring their professional services independent of the Platform.

The Providers are not employees of The Brightly Network nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any Provider.

We make no representation or warranty whatsoever as to the willingness or ability of a Provider to give advice.

We make no representation or warranty whatsoever as to whether you will find the Provider’s services relevant, useful, correct, satisfactory or suitable to your needs.

While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Provider. It is your responsibility to conduct independent verification regarding any Provider that provides you with their professional services.

Your relationship relating to the services provided by the Provider is strictly with the Provider. We are not involved in any way with the actual substance of that relationship or any part of the Provider’s services (whether provided through the Platform or not), and we do not validate or are involved in any of the Provider’s services.

Any information posted or transmitted by a Provider, including but not limited to, any advice or content is the sole responsibility of the Provider from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Provider’s services or what actions you may take as a result of having been exposed to the Provider’s services, and you hereby release us from all liability for you having acquired or not acquired a Provider’s services through the Platform. We are not responsible or liable for any claim, loss, or damage arising from your use of services from a Provider.

Our Platform and the information contained within are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. The Platform and any advice offered or accessed through it are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. We are not responsible or liable for any claim, loss, or damage arising from the use of the information accessed on the Platform.

Content and User Submission

You may be required to sign up for an account, and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Anything you post, upload, share, store, or otherwise provide through the use of the Platform is your “User Submission”.

For all User Submissions, you hereby agree, confirm, and acknowledge that you grant us a license to use, modify, translate, and reproduce and otherwise act with any respect to your User Submissions. It is your responsibility to make sure you do not provide any sensitive or personally identifying information in your User Submission.

Any content posted or transmitted through the Platform is the sole responsibility of the user from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Platform.

Our Platform and the content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. The content and services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. We are not responsible or liable for any claim, loss, or damage arising from the use of the information.

You represent, warrant, and agree that you will not contribute any User Submission (each of those terms is defined below) or otherwise use or interact with the Platform or the Provider’s services in a manner that: - Infringes or violates the intellectual property rights or any other rights of us or anyone else; - Violates any law or regulation; - Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; - Attempts, in any manner, to obtain the password, or account from any other user; - Bullies, harasses, intimidates or defames us or anyone else; - Violates the security of any computer network, or cracks any passwords or security encryption codes; - Runs Maillist, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform (including by placing an unreasonable load on the Platform’s infrastructure); - Copies or stores any significant portion of the Platform, Content and/or share, post or distribute any significant portion of the Content elsewhere; - “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Platform, Content (through use of manual or automated means) - Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform. - Evidences mental health services needs that exceed those provided by the Platform or content. We seek to protect users by providing services only to those who are likely to benefit from the content, and any other services provided on the Platform or associated with the Platform. If your needs appear beyond the scope of general questions or advice-seeking, you will be advised to seek alternative, appropriate services which can be found through the services of an external mental health professional, medical professional, or a local support organization.

Use of the Platform

You hereby confirm that you are not under 13 years of age. No one under 13 years of age is allowed to create an account or use the Platform. If you are a child under 13, please do not attempt to create an account or use the Platform.

You agree, confirm, and acknowledge that although you may get connected with a Provider through the Platform, we cannot assess whether the use of the Provider’s services, or the Platform is right and suitable for your needs. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES.

USE OF THE PLATFORM IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 999 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 999 FOR EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES.

YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.

As operators of the Platform, our role is strictly limited to facilitating an initial communication between you and a Provider.

It is up to you to consider and decide whether the services of the Platform or a Provider are appropriate for you or not.

You agree, confirm and acknowledge that you are aware of the fact that any communication on the Platform with us or with any Provider are not a substitute in any means for any type of face-to-face advice, consultation, counselling, or services by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided on the Platform. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received through the Platform.

THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

BY AGREEING TO THIS AGREEMENT YOU ARE ALSO AGREEING TO THE TERMS OF THE PLATFORM PRIVACY POLICY (THE “PRIVACY POLICY”). THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.

If you use a service, feature, or functionality that is operated by a third party and made available through our Platform (including any services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

Fees and Payment

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Platform.

Further Disclaimer of Warranty

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PERSON WHO MAY BE ACCESSED THROUGH THE PLATFORM.

YOU AGREE, CONFIRM, AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO:

(A) ANY PROVIDER;

(B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING (WITHOUT LIMITATION) ANY QUALIFICATIONS, EXPERTISE, CLAIMS, OR BACKGROUND OF ANY PROVIDER;

© THE PROVIDER SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING (WITHOUT LIMITATION) ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER;

(D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PROVIDER SERVICES;

(E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM;

(F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE PROVIDER SERVICES.

YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.

ANY CONSULTATION WITH A PROVIDER VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT YOUR FULL AND SOLE RISK AND LIABILITY.

WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR:

(A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR

(B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE PROVIDERS OR THE PROVIDER SERVICES.

In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.

Limitation of Liability

YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.

IF THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.

THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.