CONDITIONS OF USE FOR CLIENTS / PROFESSIONALS
These General Conditions regulate the use of the services offered on the websites www.psiway.com, (hereinafter, PSIWAY), pro.psiway.com (hereinafter, PSIWAY PRO) and serfelizhoy.psiway.com ( hereinafter, THE MAGAZINE), and all of them hereinafter, THE SITES. All THE SITES are property of NETFACTORIS PROJECTS, S.L.U., hereinafter, THE OWNER.
The USE of any of the services entails the full and unreserved acceptance of each and every one of the General Conditions that are indicated, as well as the Legal Notice, without prejudice to the acceptance of the Particular Conditions that may be applicable , by the professional who joins the platform, entering their personal and professional data, hereinafter THE CLIENT.
These General Conditions may be modified without prior notification, therefore, it is advisable to read their content carefully before accessing any of the services offered.
In case of disagreeing with all or part of these Conditions, the Client must refrain from continuing to use the website and / or its services.
THE HOLDER, in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, informs you that:
- Its corporate name is: NETFACTORIS PROJECTS, S.L.U.
- Its commercial name is: PSIWAY
- Your CIF is: B87824371
- Its registered office is at: C / Embalse de Navacerrada 51 5C, 28051 MADRID (SPAIN).
- It is registered in the Madrid Mercantile Registry, in Volume 35971, Book 0, Folio 50, Page M 646335, 1st Inscription, Date 05/17/2017
To communicate with the HOLDER, we put at your disposal different means of contact that we detail below:
- Telephone: +34 682398766 (WHATSAPP)
- Email: email@example.com
- Postal address: Embalse de Navacerrada 51 5C 28051 MADRID (SPAIN)
All notifications and communications between users and PSIWAY will be considered effective, for all purposes, when they are made through any of the means detailed above.
3. PROCESS OF ACCESS TO SERVICES
THE SITES constitute a complete promotion and dissemination platform for psychology professionals and facilitate the intermediation of online services between those and potential users / patients. The HOLDER makes available to them a directory of therapists of international scope.
In general, the OWNER offers the services of THE SITES completely free of charge and without prior conditions. The CLIENT will be totally free to offer the professional services that he considers appropriate and at the prices that seem ideal. The HOLDER will not exercise any influence, control or supervision over the CLIENT's services or rates, nor will he monitor the therapies or treatments, nor will he in any way force the CLIENT to work during a specific time or in a specific place, nor will he any commission for the billing that the CLIENT gets through the services offered by the SITES. The OWNER offers the SITES to the CLIENT so that they can disseminate their professional services in an international environment and not as part of a direct or indirect employment relationship. The HOLDER does not have and will not have any employment relationship with the CLIENT, but simply a contractual client-supplier relationship to offer, if the CLIENT wishes, automation services for administrative processes. These payment services are voluntary and the CLIENT is not obliged to contract any of them in order to be able to integrate their professional profile on the OWNER'S SITES.
THE OWNER offers the CUSTOMER a series of visibility services for their profile and their contents (MAGAZINE, PSIWAY and PSIWAY PRO) and other management tools (free and paid) that allow agility to manage an online psychological consultation. These services and tools are offered based on the following three subscription plans:
1. Free Plan
The free plan incorporates the following services:
2. Starter Plan
- Visibility on the Internet through a public profile that is completed and maintained by the CUSTOMER himself. This profile is associated with a system that allows the contact of new patients.
- Different online psychological consultation management tools. The details of these tools can be seen on the PSIWAY PRO page.
- Marketing package, which allows the CLIENT to publish articles, videos, courses and events, and answer questions from potential patients.
This plan is made up of the services of the Free plan, to which the following automated services are added:
- Online store + Payment gateway, converts the CLIENT's public profile in PSIWAY into a service store, where their patients can purchase therapy sessions and other services offered by the CLIENT. It also facilitates access to the Paypal payment gateway and, after payment and after receiving an IPN signal, it automatically triggers various internal administrative management processes.
- SMS alerts are text messages to the patient's or CUSTOMER's phone, with informational, preventive or reactive messages.
- Other services that may be added in the future designed to streamline the management of the online psychological consultation and the relationship of the patient with THE CLIENT.
These services have a unit cost, which varies for each country (prices are visible on the PSIWAY PRO page) that will accumulate until the last day of the month, in which THE HOLDER will proceed to invoice them and generate an invoice that the CLIENT must pay.
3. Premium Plan
This plan includes the services offered in the Free and Starter plans and is offered at a fixed amount charged per month or annually, with no limit of use by the CLIENT.
THE HOLDER reserves the right to decide, at all times, the types of service offered in each of the plans, without prejudice to its functions. In this way you can, at any time, add new services to those currently offered. Likewise, THE OWNER reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the services offered.
The PW Marketing Pack allows the CLIENT to upload content to the different platforms of the platform to achieve more diffusion and increase its public notoriety and digital reputation. These contents must have the following characteristics:
General conditions for content
Special conditions for Articles
- The CLIENT must be the author. The contents will always appear signed by the CLIENT. They cannot be attributed to anyone else.
- The images used to illustrate content must be the property of the CLIENT or be in the public domain.
- They must have a theme related to psychology, sexuality or healthy life.
- The OWNER reserves the right to reject any content or to withdraw it from publication for any reason, without obligation to communicate the reason.
- The CLIENT agrees not to receive any economic remuneration for the content added through the PW Marketing Pack.
- They must be unpublished on the Internet, they cannot have been previously published on any other platform or website.
- They must be at least 1000 words long.
- The CLIENT assigns the publication rights to the OWNER for a minimum period of 12 months, automatically renewable annually if there is no reliable communication against the CLIENT through the appropriate channels.
- The OWNER reserves the right to reject or, where appropriate, to edit any article, both in its style and in its text.
- The CLIENT may edit or withdraw any article of his authorship for any reason.
5. CLIENT OBLIGATIONS
To have access to all free and paid services, the CLIENT agrees to:
- Be absolutely truthful in the data you provide, especially with regard to the academic qualifications that enable you to exercise your profession, which will be carefully verified by the HOLDER. The titles that remain more than 21 days without crediting by means of the corresponding proof will be eliminated without prior notice.
- Not to be disqualified by the courts or by the administration on which he depends for the professional practice.
- Practice exclusively in the countries or territories to which your professional qualifications entitle you, and to scrupulously comply with all applicable laws.
- Keep the profile perfectly updated. In the event that any of the basic fields of the profile is removed, the profile is automatically deactivated and is no longer visible on the SITES. Profiles that are not visible on the SITES because they do not have the basic information completed may be deleted at any time and without prior notice.
- Passwords are personal and non-transferable. The CLIENT is fully responsible for treating their passwords confidentially and adequately safeguarding their passwords, avoiding access to them by third parties not expressly authorized by THE HOLDER. The user agrees to be fully responsible for the economic consequences and of any other nature derived from any irresponsible use of passwords on the SITES and / or their use by unauthorized third parties.
- Use the different applications following the instructions and, in case of doubt, request assistance from the support services.
- Punctually pay the invoices presented by THE HOLDER for the Starter or Premium plans. In the case of Starter there is a period of five days to make the payment, after which the payment does not occur restrictive measures may apply. In the case of invoices issued under the Premium plan, payments are made in an automated way through the Paypal platform. The CLIENT is obliged to maintain a balance in their Paypal account (or in their linked bank account), or in the event of not having a Paypal account, to have their credit card details updated and current. If a payment corresponding to the Premium plan is unpaid, the invoice will remain pending in the "Received Invoices" section of the CLIENT's control panel, and the CLIENT must pay it within a maximum period of five days.
- The CLIENT accepts that all the SITES, their texts, images, programs, logos, brands, designs and data structures are the property of the OWNER, who holds all the intellectual and commercial rights, and undertakes not to copy, distribute, store, lend, transmit, sell or rent any of the aforementioned elements, except in the cases in which the sharing of links or content is allowed for normal electronic dissemination through Internet services.
- To be responsible for the veracity of the content shared through the marketing package and not to publish any content (articles, videos, courses or events) that is not their exclusive intellectual property. It will also take care of the veracity and fairness of the answers it provides to the patient consultation service, committing to never delegate this work to third parties
- The CLIENT accepts that the contents that he uploads to the SITES through his marketing package is always subject to the supervision of the OWNER, who may reject any of them without having to justify the decision.
In case of incidents in any of the conditions indicated, THE OWNER reserves the right to restrict the services offered to the CLIENT, which may range from the temporary interruption of the visibility of the PROFESSIONAL's profile on the web, the freezing or the deletion content, until the definitive cancellation of the account in case of repeated incidents or serious cases. The CLIENT undertakes to hold the HOLDER harmless from any claim arising from incidents arising from any of the causes described above.
6. RIGHT OF ADMISSION, ACCEPTANCE AND CESSATION OF ACTIVITY
For profiles with a Free plan, the OWNER reserves the right not to admit, cancel or eliminate any profile, for any reason, without prior notice and without further communication if it deems it appropriate. In most cases, the HOLDER will try by all means to resolve any difference in valuation through written communication with the CLIENT.
The OWNER reserves the right to reject, cancel, make invisible or eliminate any of the content that the CLIENT adds to the SITES through the marketing package, without prior notice and without further communication, if deemed appropriate. < / p>
For profiles with Starter or Premium plans, the HOLDER reserves the right to cease activity. The HOLDER will compensate the CLIENT who has a Starter Plan with the compensation of the debt for the provision of services that is pending on the termination date. The HOLDER will compensate the CLIENT who has a Premium plan with the payment of the amounts paid and not enjoyed, as the only compensation. The CLIENT accepts nothing more to ask or claim for any other concept.
7. VISIBILITY AND PROFILE ELIMINATION
The CLIENT may disable her profile whenever she wishes, which will make the profile not visible on the SITES. This disabling occurs by deactivating the Patient Acquisition service from your private control panel. While the profile is disabled, all the functions of the marketing package are disabled and the management tools are no longer functional. The CLIENT will maintain access to their sales information, but will not be able to operate with patients.
In the event that the CLIENT wishes to completely eliminate her profile, she can do so directly from her control panel, following the instructions contained in the "Contract" section. This process will eliminate all the data associated with the account, although it will keep a simple record of fiscal data to link it with the information that by law must be kept for a period of five years. After this period, the information will be totally destroyed. We recommend that before deleting the account, you proceed to download the accumulated information of invoices issued and received and of patient records. Support services can help you throughout the process.
8. COMMUNICATIONS FROM THE OWNER TO THE CLIENT
The CLIENT, by virtue of being one, and as long as it is, is obliged to receive the service e-mails sent by THE HOLDER. These communications make exclusive reference to informing about news of the service and advice, recommendations and good practices to achieve maximum effectiveness of the services for the CLIENT.
Other communications based on newsletters from the different SITES are fully configurable and can be activated or deactivated whenever THE CLIENT wishes.
9. LIABILITY AND DISCLAIMER OF LIABILITY
The OWNER will not be responsible for the consequences of any kind that may arise from the lack of veracity, accuracy and completeness of the data provided by the CLIENTS through the website or on the identity of the same.
The OWNER will not be responsible for any damages that may occur to the CLIENT as a result of failures or disconnections in the telecommunications networks and that cause suspension, cancellation or interruption of the service of any of THE SITES during the provision of the same. Failures that may occur in the applications, errors in the database, user authentication problems, errors in visualization or data accounting will be resolved by the HOLDER as soon as possible.
The owner offers the administrative payment services as is, and they have been designed and programmed to respond to the interests and needs of the majority. This implies that THE CLIENT may not request adaptations of the system to suit her, neither in whole nor in part. In the event that after trying the service this is not to your total satisfaction, you can resign at any time from the service. The HOLDER respects the right of withdrawal and a refund service without conditions during the first THIRTY DAYS from the subscription of the Premium Plan. For the Starter Plan, as it is a pay-per-use service, no compensation is foreseen, since it can be deactivated at any time, from the “Psiway Services” tab of the control panel.
The CLIENT agrees to hold the HOLDER harmless from any claim arising from incidents arising from any of the causes described above.
In the event that, in accordance with the provisions of these General Conditions and the law, the HOLDER must compensate a CLIENT, the compensation to be received by the latter may not in any case exceed the value of the product or service whose contracting by the user has originated the birth of the compensation right in favor of the latter.
The HOLDER will indemnify the USER in question only in the event that the damages caused are due to the negligent or malicious action of the HOLDER duly accredited by the claimant CLIENT.
In no case will the HOLDER be responsible for moral damages, loss of profits and / or any consequential or indirect damages that the CLIENT may suffer.
10. CUSTOMER SERVICE
To make any query to PSIWAY related to the operation of the website, information or availability of services, the customer should go to the Customer Service Center, calling +34 682398766 (Whatsapp) or sending an email to info @ psiway.com
11. APPLICABLE LEGISLATION
The present conditions will be governed by current Spanish legislation. The language used will be Spanish-Castilian. The website is bilingual Spanish-Spanish / English. In case of discussion, the Spanish-Spanish version will prevail.