Terms of Service

Last Updated: 16 February 2023

Thank you for visiting Empath!

The website is owned by EMPATH CORPORATION (“Empath”), a mental health care booking platform. This page states the conditions and terms of online usage set out by Empath on how you can use our products and services.

These User Terms of Service (the “Terms”) constitute a legal agreement between You, as the user of the Website, whether as a guest or a registered member, in any capacity (each, a “User”), and Empath, as the owner of the platform that is accessible through the Website and the various features as made available on the Website.

Throughout these Terms we will refer to you as “User” or “You”, and we will refer to Empath as “Empath”, “Website” “we”, or “us”.

These Terms and Conditions shall apply to all orders of Empath services by Customers.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY OTHER APPLICABLE LAWS AND REGULATIONS AND HOLD EMPATH FREE FROM ANY LIABILITY ARISING FROM THE MISUSE OR UNAUTHORIZED USE OF OUR WEBSITE AND SERVICES FOR PURPOSES WE DID NOT ALLOW AS STATED IN THESE TERMS AND OUR POLICIES.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THIS SERVICES IMMEDIATELY.

This Term is effective as of February, 2023.

Content

The information on this site has been included in good faith but is for general informational purposes only. It should not be relied on for any specific purpose, and no representation or warranty is given as regards its accuracy or completeness. Neither Empath nor any affiliates nor their respective officers, directors, employees, or agents shall be liable for any loss, damage, or expense arising out of any access to or use of this site or any site linked to it, including, without limitation, any loss of profit, indirect, incidental or consequential loss.

Revisions

We are constantly changing and improving our Website and/or Services. As a result, it may be necessary that we may update and add or remove certain functionalities or features in the Website and Services and reflect changes in the law or changes to our services.

Empath reserves the right to make any changes and corrections to this site as and when we consider it appropriate and without notice.

If we update these Terms, we will post a new version on the Website, and (to the extent permissible under law) as soon as you use the Website after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

Services

The platform allows users to search for and book appointments with mental health care providers. The platform also provides information about providers and their services but is not responsible for the accuracy or completeness of this information.

User Account

Creation

By registering with this Site, you will have to provide your personal information and nominate a password. Your password should remain confidential. If you believe that your password has been compromised, please change your password immediately.

You are solely responsible for maintaining the confidentiality of your username and password in using this Site. You are expected to set strong passwords and not share this to any other person or allow others to use the same without your consent.

After using our Site, you are strongly advised to log out. The change of password regularly to ensure diligent measures to protect your account is also strongly advised.

Eligibility

The Services are only made available to persons with the legal capacity to enter into contracts under Philippine law. By using the Services, you warrant and represent that you are at least 18 years old and possess the necessary legal capacity to be bound by a contract.

Condouct

You agree to use the platform only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit the use and enjoyment of the platform by any third party.

Disclaimer of Warranties

The platform is provided "as is" and on an "as available" basis. We do not warrant that the platform will be uninterrupted or error-free.

Deletion

You may delete your account at any time by contacting us at [email protected]. Once we receive your request for account deletion, we will remove your account and personal information from our system within 30 days. Please note that some information may remain in our backup systems for a reasonable period of time for legal and operational reasons.

Upon deletion of your account, you will no longer be able to access any of the services or information associated with your account. We will not be able to recover any data or information once your account is deleted, so please ensure that you have saved any important information before requesting account deletion.

We reserve the right to deny or cancel account deletion requests if they violate our terms of service or if we suspect that the account is being used for fraudulent or illegal activities."

Conditions of Use

We make no warranty that your access to the services will be uninterrupted, timely, or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance, or introduce new facilities and functions.

We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for losses or damage suffered by you that are attributable to (i) viruses or other code that may affect any computer equipment, software, data, or other property as a result of your access to or use of the Website or you are obtaining any material from, or as a result of using the Website; and (ii) actions of third parties including other users of the Website unless such damage is materially attributable to our gross negligence or willful misconduct.

Empath reserves its right to use any means necessary to preserve its assets and policies or protect any individual that may be harmed, as may be allowed by law if it discovers or has a reasonable belief that you are or will be in breach of any condition set forth herein, including denial of access to the website without notice or explanation.

Access to the Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time, with or without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.

Limitation of Liability

To the fullest extent permitted by law, Empath shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the platform. You also hereby expressly recognize, understand, acknowledge, agree to, and accept the following:

1. That Empath shall incur no liability whatsoever towards you, except in case of its gross negligence of fraudulent misrepresentation.
2. That Empath shall not be liable to your or any other person, institution, individual, or organization, for any consequential, exemplary, incidental, special, or punitive damages. These include, but are not limited to, lost profit or damages arising from your use of or inability to use the Website. Furthermore, you agree that any liability that Empath, or its Officers, Employees, Agents, Affiliates, Representatives, or Shareholders, for any claim will be limited to the amount paid by you to Empath for our Service, Software, and Website, in the previous twelve (12) months preceding the event or circumstances resulting to such claim.
3. That Empath shall not be responsible for any information, software, products, functionalities, or content obtained through the Website.
4. That Empath shall not be responsible or liable for any trading and/or investment decisions based on information, data, publication, text, or content in any other form that is found in Empath’s Service, Software, and Website. We reiterate that no content found in Empath’s Service, Software, and Website is intended for trading or investing purposes.
5. That you shall access any information or material, downloaded or otherwise obtained, through our Service, Software, and Website, by your sole discretion and at your sole risk, and thus, you waive any and all claims and causes of action in connection with any damage to your property, computer, internet access, downloading and/or displaying, as well as any loss of data that could result from such downloading or obtaining.

Changes to the TOS

We reserve the right to modify these TOS at any time. Your continued use of the platform following any such modification constitutes your acceptance of the new TOS.

Governing Law

These TOS and any dispute arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Philippines.

Contact Us

If you have any questions about these TOS, please contact us at [email protected].