These Terms and Conditions ("Agreement") govern your access to and use of our online platform, through which we provide various services (collectively the "Platform"). The Platform is owned and operated by Positivty, located at 993 Bukit Timah Road, 06-06, Singapore 589631 (contact@positivty.com). The Platform may be available via multiple websites or applications, whether owned and/or operated by us or third parties, including, but not limited to, the website positivty.com and its associated apps.
By accessing or using the Platform, you agree to be bound by this Agreement and other agreements such as the "User Agreement", "Arbitration Agreement", and "Privacy Policy Agreement". Please read this Agreement carefully before using the Platform. If you do not agree to any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar terms are used in this Agreement, they refer to the company that owns and operates the Platform (the "Company").
The terms "Therapist", "Counsellor", "Psychologist", "Wellness Professional", "Wellness Advisor", "Expert", "Doctor", "Consultant" or similar terminology all refer to the Therapist.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Our Platform facilitates connections between you and a Therapist who will deliver services to you through the Platform ("Services").
Therapists are independent contractors and are not employees, agents, or representatives of the Company. The Platform's function is solely to facilitate access to the Therapist's Services. The responsibility for the execution of their services rests entirely with the Therapists. Should the Therapist Services provided not meet your needs or expectations, you have the option to switch to a different Therapist available through the Platform. Please be aware that due to varying licensure requirements across different jurisdictions, not all Therapists listed in our database may be available for you to connect with, or at specific times, or for certain durations. If a Therapist you are working with ceases to use the Platform after you have begun their counselling services, we will endeavour to inform you that your selected Therapist is no longer available on the Platform, and you will have the option to choose a new Therapist.
Therapists must possess the required licenses, qualifications, and experience to provide their services (including specializations) in the jurisdiction where they and/or the User(s) are located. We may request proof of academic and professional qualifications from the Therapists. If we become aware of any false or fraudulent claims regarding a Therapist's license, academic credentials, experience, or professional qualifications, we reserve the right to immediately suspend the Therapist from our Platform and take appropriate action.
While we aim for the Therapist Services to be beneficial, you acknowledge, understand, and agree that these services may not be suitable for everyone's needs, every specific situation, or as a replacement for certain mental health requirements that may need alternative treatments.
Therapists intending to utilize the Positivty platform will be subject to platform fee. The Platform Fee structure and validity will be encapsulated in the separate Platform Fee Agreement. The platform fee is a prerequisite for accessing and maintaining an active presence on the platform. Therapists are required to sign the Platform Fee Agreement, which outlines the specific terms and conditions related to the payment and obligations of the platform fee. Execution of this agreement is mandatory for Therapists to activate their profiles and services on the Positivty platform.
The activation and continuation of a Therapist's services on the Positivty platform are contingent upon the successful execution of the updated Platform Fee Agreement and it remains valid. Therapists who fail to sign this agreement annually or whichever period as determined by Positivty with an updated fee structure and terms of use will not be granted access to the platform's features and functionalities.
These terms and conditions are subject to revision at Positivty's sole discretion. It is the responsibility of the Therapist to remain informed of any such changes by regularly reviewing the terms and conditions.
Therapists are expected to charge fees for online sessions in line with their standard in-person session rates or lower. Charging significantly higher fees for online sessions to prompt Users to switch to other online platform or in-person sessions is strictly prohibited. If we detect such behaviour, we reserve the right to suspend the Therapist's account and seek damages from relevant parties.
The protection and confidentiality of any information you provide to us through the Positivty platform are of utmost importance. We understand the significance of safeguarding your personal data and are committed to upholding the highest standards of security and privacy practices. To learn more about our approach to data protection, please refer to our comprehensive Privacy Policy, which can be accessed at positivty.com/privacy.
BY AGREEING TO THIS USER AGREEMENT AND/OR ACCESSING OR UTILIZING THE POSITIVTY PLATFORM, YOU ARE ALSO ACKNOWLEDGING THAT YOU HAVE REVIEWED AND ACCEPTED THE TERMS OUTLINED IN OUR PRIVACY POLICY. THE PRIVACY POLICY IS AN INTEGRAL PART OF THIS AGREEMENT AND IS INCORPORATED BY REFERENCE. ANY CHANGES OR REVISIONS TO THE PRIVACY POLICY WILL BE SUBJECT TO THE SAME RULES AS THOSE APPLICABLE TO THIS USER AGREEMENT, INCLUDING THE RIGHT TO MAKE MODIFICATIONS AT ANY TIME WITHOUT PRIOR NOTICE.
We suggest Therapists regularly review our Privacy Policy to stay informed about our evolving data protection practices and any updates to our policies. By continuing to use our platform or services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in both this User Agreement and our Privacy Policy.
The Positivty platform, the website positivty.com, and all related apps and software ("Positivty Intellectual Property") are owned by the Company, its licensors, or other providers of such material. This User Agreement does not constitute a sale or conveyance of any rights in or related to the Platform or Positivty Intellectual Property. Instead, it outlines the terms and conditions under which you may access and utilize our platform.
The "Positivty" name, logo, and all related names, logos, product and service names, and designs are trademarks of the Company or its affiliates or licensors. You are prohibited from using the slogan without obtaining prior written permission from the Company. All other names, logos, product and service names, and designs on the Platform and website are trademarks of their respective owners.
Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform solely in connection with your personal use of our Services on your device; (ii) access and use any content, information, and related materials made available through our Services; and (iii) make a single copy of any materials provided by us for personal archival purposes only. Any rights not explicitly granted herein are reserved by the Company and its licensors.
By submitting any text, links, images, sound recordings, audiovisual material, pictures, graphics, logos, trademarks, or any other material, content, data, or subject matter (collectively referred to as "Content") for inclusion in the Positivty platform, user forums, topics, replies, comments, feedback, or any other submissions, you represent and warrant to Positivty that:
You are either the sole and exclusive owner of all rights and interests in and to any Content or that you have been authorized or licensed to use, assign license or sub-license any Content. You also acknowledge that you are responsible for ensuring that all Content and materials supplied hereunder comply with all applicable laws and regulations.
The Content and all other materials you supply hereunder must meet the following criteria: (i) they comply with all provisions of these Terms and Conditions and User Agreements; (ii) they do not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; (iii) they do not involve or promote tobacco, alcohol, or pornographic products or services (which Positivty has complete discretion to define); and (iv) they are not unlawful, harmful, threatening, abusive, harassing, defamatory, disparaging, obscene, libellous, invasive of another's privacy, racially or ethnically offensive, or hateful.
By submitting Content to Positivty, you acknowledge that such Content will be immediately eligible for publication on the platform, community forums, or other features of the Service, as applicable. You hereby grant to Positivty a royalty-free, fully paid, non-assessable, perpetual, irrevocable, non-exclusive, transferable, and worldwide license to use, copy, perform, translate, reproduce, publish, display, distribute, and prepare derivative works from or incorporate into other works the Content (in whole or in part) in connection with the Service. This license includes the right to sub-license the Content to third parties.
The Platform may feature other content, products, or services provided by third-party entities ("Third Party Content"), including links to external websites, as well as advertisements related to Third Party Content. We do not create or control Third Party Content, nor do we have any responsibility for its creation, accuracy, or reliability. We will not be liable for any harm or loss resulting from your interaction with or reliance on Third Party Content. Additionally, no third party has the right to enforce these Terms under the Contracts (Rights of Third Parties) Act (Cap. 53B) or any other legal theory.
You acknowledge that any interactions and related issues with the Therapist on the platform are solely between you and the Therapist, and you agree to release Positivty and the Therapist from any liability or responsibility for such interactions. This means that you will not hold Positivty or the Therapist accountable for any problems that may arise during or after your interactions with them. By choosing to engage with a Therapist to receive Counselling Services, you are doing so at your discretion and assume full responsibility for any outcomes.
We strictly prohibit Users and Counsellors from engaging in any direct or indirect transactions outside of our platform. This includes but is not limited to, soliciting each other for sessions or services outside of our platform after being introduced to each other through our platform. If we discover such unauthorized engagements, we reserve the right to suspend both parties' accounts and seek damages.
Creating multiple or fictitious accounts to manipulate our processes and controls, or commit fraud is strictly forbidden. This includes but is not limited to, attempting to deceive or misrepresent information to gain an unfair advantage. If we discover such fraudulent activity, we reserve the right to suspend all implicated accounts and seek damages from all parties involved.
We reserve the right to monitor and maintain records of all online activities, including clicks, chats, comments, and other interactions. These records may be used to investigate suspicious behaviour with the intent to commit fraud or any other prohibited activity. We also reserve the right to take action even if fraud has not occurred but appears likely or possible.
The Services and content, including all materials, information, products, and Services provided, are offered on an "as is" and "as available" basis without warranties of any kind. Positivty and its licensors and affiliates explicitly disclaim all warranties, whether express or implied, statutory or otherwise, relating to the Services and content. This includes but is not limited to warranties of merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. The use of the platform is entirely at your own risk. Furthermore, we disclaim all warranties of any kind, whether expressed or implied, to the fullest extent permitted by the laws of the Republic of Singapore.
Positivty and its licensors and affiliates also disclaim any warranties regarding the security, accuracy, reliability, timeliness, and performance of the Services, as well as any assurance that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by Positivty shall create any warranty that is not explicitly stated in these Terms of Service. We do not make any representations concerning, nor do we guarantee, the accuracy of the Services, including but not limited to any information provided through the Services or their applicability to your circumstances.
Additionally, we may provide you with access to third-party tools, which we neither monitor nor have any control or input over. These tools may take various forms, such as personal assessments, polls, and their results. By acknowledging and agreeing to these Terms of Service, you also acknowledge that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
We may include links to third-party websites on this platform, which are not affiliated with us. We do not review, evaluate, or endorse the content of these third-party websites, nor do we warrant or accept any liability for their accuracy or availability.
Furthermore, to the fullest extent permitted by the laws of the Republic of Singapore, you hereby release Positivty and agree to hold us harmless from any/and all causes of action and claims of any nature resulting from Therapist services or our platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information, and/or service provided by a Therapist and/or any other content or information accessible through our platform.
You acknowledge and agree that we shall not be held liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages resulting from this agreement or the use of the platform. Our total liability for damages arising from this agreement and all use of the platform will be limited to the aggregate amount of money paid by you or on your behalf through the platform within 2 months before the date of the claim.
When you submit specific content to us, such as contest entries or forum topics, or when you share comments, ideas, suggestions, or other materials with us (collectively, "Submissions"), you grant us a perpetual, irrevocable, and royalty-free license to use, edit, publish, distribute, translate, and adapt your Submissions in any medium and manner we choose. You understand that we are not obligated to:
However, we guarantee that all communications between you and Positivty and/or our Therapist within the scope of therapy will be kept confidential, subject to compliance with applicable laws of the Republic of Singapore. You agree not to obtain the contact information of any Therapist through our platform.
You also agree that your Submissions will not:
You may not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of your Submissions. You are solely responsible for your Submissions and their accuracy.
We reserve the right, but are not obligated, to:
Please note that Positivty is an interactive platform where users can post their comments on various content. The views and opinions expressed in these comments/posts/articles do not reflect the official position of Positivty in any way, explicitly or implicitly.
This Arbitration Agreement shall be referred to as the "Arbitration Clause" throughout this agreement. By accepting the terms of this Arbitration Clause, you and the Company (collectively, "Parties") agree to resolve any disputes, claims, or controversies arising from or related to this Agreement, including its existence, applicability, breach, termination, enforcement, interpretation, scope, waiver, or validity. Additionally, this Clause shall apply to disputes arising from the use of the Platform or Therapist Services (collectively referred to as "Disputes"), regardless of when they arise. The Parties agree that arbitration shall be the sole and exclusive means of resolving these disputes.
By accepting this Arbitration Clause, you and the Company mutually agree to waive our respective rights to a trial by jury. The Parties acknowledge that this Agreement involves interstate commerce and agree that all issues related to arbitration or the enforceability of this Arbitration Clause will be governed by the Arbitration Act (Chapter 10).
Optional Pre-Arbitration Dispute Resolution and Notification. Before resorting to arbitration, you and the Company may attempt to resolve any disputes informally through a 30-day negotiation period, which can be extended by mutual agreement. This informal dispute resolution process begins upon receipt of a written notice from one party to the other, known as the "Notice of Dispute."
The Company will deliver its Notice of Dispute to your billing or email address. You must send your Notice of Dispute to Positivty, 993 Bukit Timah Road, 06-06, Singapore 589631.
Application to Third Parties. This Arbitration Agreement shall apply to and be binding upon any third parties who may be involved in a dispute related to your use of the Platform or Therapist Services, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns.
You have the option to opt out of this Arbitration Agreement within 30 days after you first access or use the Platform by sending a written notice to optout@positivty.com with the subject line "Arbitration Opt-Out." In your notice, please state that you are opting out of this Arbitration Agreement and Class Action Waiver, provide your name, and include your address.
Please note that members who accessed the Platform prior to April 6, 2023, have until 30 days after that date to opt out of this Arbitration Agreement and Class Action Waiver. You are encouraged to consult with legal counsel of your choice regarding this Arbitration Agreement and Class Action Waiver before making a decision.
Regarding the survival clause, it is essential to note that this Arbitration Agreement will remain in effect even after the termination or expiration of our relationship.
Positivty may, at its discretion, offer free or discounted trials for Therapist Services to Users from time to time. These free or discounted trials are designed to provide Users with temporary access to the services at no charge, for a limited period as specified at the time of the trial or discounted offer.
Upon the expiration of the free or discounted trial period, the User's paid membership will automatically commence in accordance with the terms and conditions stipulated in the notice provided at the time of sign-up for the free or discounted trial.
Positivty may extend an invitation to Therapists to develop and offer Package Deals comprising 2, 4, 6, 8, or more sessions bundled together under attractive terms for Users. These Package Deals are intended to enhance user engagement and satisfaction through the provision of bundled session offerings.
Upon the creation of a Package Deal, Therapists shall assume full responsibility for the diligent execution and active marketing of the Package Deal. This includes, but is not limited to, promoting the Package Deal to potential Users, ensuring the fulfilment of all sessions included in the Package Deal, and managing any related user communications or inquiries.
Positivty reserves the right to invite and request the participation of Therapists in the creation, development, and execution of webinars, seminars, and other awareness-building initiatives designed to attract and engage potential Users.
All content, materials, and deliverables created or contributed by Therapists in the context of these initiatives shall become the exclusive property of Positivty. Therapists hereby irrevocably transfer and assign all rights, titles, and interests in such content, including any intellectual property rights, to Positivty.
Therapists agree to maintain the confidentiality of any proprietary information or materials disclosed by Positivty during the development and execution of these initiatives.
These terms and conditions related to Free Trials, Package Deals, and Webinars, Seminars and Other Awareness-Building Initiatives are subject to modification at the sole discretion of Positivty.
By accessing and using our services, you confirm that you are legally competent to provide informed consent for Therapist Services. You also confirm that you have the authority to enter into a legally binding agreement.
You are responsible for maintaining the confidentiality of your account login credentials, including your password and any other security information related to your account (collectively referred to as "Account Access"). We strongly recommend that you regularly change your password and take extra precautions to safeguard your Account Access.
You are solely and fully responsible for all activities performed using your Account Access. You acknowledge that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by anyone, whether authorized by you or not.
You also agree and commit not to use the Platform for the posting, sending, or delivering of any of the following: unsolicited emails or advertisements; malicious software or code; content that is unlawful, harassing, privacy-invasive, abusive, threatening, vulgar, obscene, racist, or potentially harmful; content that infringes on a third-party right; or content that may constitute, cause, or encourage a criminal action or violate any applicable law in the Republic of Singapore.
You also agree to hold harmless, indemnify, and defend us from and against any and all claims arising out of or relating to any of the following:
This indemnification obligation shall survive the expiration or termination of this Agreement.
Positivty shall facilitate the remittance of payments to Therapists for sessions successfully conducted through our platform, contingent upon the receipt of corresponding payments from Users. Therapists acknowledge that Positivty's obligation to disburse funds is predicated on the successful receipt of said funds from Users.
Therapists hereby agree to the commission structure delineated by Positivty, which may be subject to modification at the sole discretion of Positivty. The commission rate, as applicable at the time of the session, will be deducted from the gross session fee prior to remittance to the Therapist.
Therapists are solely responsible for the payment of any and all taxes, levies, duties, or other Singapore governmental charges that may be imposed by any jurisdiction as a result of the earnings received from sessions conducted on the Positivty platform.
In case you need to make a payment to us for any reason, you confirm and agree to utilize only credit cards or other authorized payment methods that you are legally entitled to use. You also acknowledge that all payment-related information you provide is accurate, up-to-date, and correct.
You understand, agree, and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or your use of the Platform at any time, with or without prior notice to you. This may include discontinuing or limiting access to specific features or services, or terminating your access to the Platform altogether.
You also acknowledge that we will not be liable for any losses or damages resulting from such actions, including but not limited to any inconvenience, loss of data, or financial losses.
In addition, you agree that we may take actions to maintain the integrity and security of the Platform, which may result in temporary interruptions or disruptions to your use of the Platform. These actions may include but are not limited to software updates, maintenance, upgrades, or troubleshooting.
You acknowledge that Positivty products may be subject to US export and re-export control laws and regulations, as well as similar laws applicable in other jurisdictions. Specifically, this includes the Export Administration Regulations (EAR) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR).
You warrant that you are not located in any country subject to US embargo or economic sanctions, nor are you a denied party listed on any applicable government list of prohibited or restricted parties.
You also agree to abide by all necessary documentation requirements and reporting obligations related to exports and reexports under these Terms.
We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to contact@positivty.com.
You agree to indemnify, defend, and hold harmless Positivty and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and interns against any claim, demand, or action (including reasonable attorneys' fees) brought by any third party due to or arising from your breach of this User Agreement or the documents they incorporate by reference. This includes any violation of applicable laws or the rights of a third party.
You also agree to indemnify Positivty for any breach of confidentiality or unauthorized disclosure of confidential information. Additionally, if you access Positivty through a third-party platform or service provider, you agree to indemnify Positivty against any data breaches that occur due to any acts of commission or omission from the third-party platform or service provider.
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Singapore excluding any rules governing the choice of laws.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you shall be the courts of Singapore. You also consent to the personal jurisdiction of those courts and hereby waive any objection to the exercise of jurisdiction by those courts.
Additionally, we reserve the right to modify this Agreement at any time by posting changes on the Platform. Unless otherwise specified, all modifications shall become effective immediately upon posting.
If any provision of this Agreement is held by a court of competent jurisdiction in Singapore to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The usage of our Platform and this Terms of Use shall be governed by and construed in accordance with the laws of Singapore and will be interpreted and applied in accordance with such laws. Any dispute or controversy arising out of or in connection with the Terms of Use, including any question regarding its existence, validity, interpretation, or termination, shall be referred to and finally resolved by the courts of Singapore. The courts of Singapore shall have exclusive jurisdiction over any such dispute or controversy, and you hereby waive any objection to the exercise of jurisdiction by such courts.
Address: 993 Bukit Timah Road, 06-06, Singapore 589631
E-mail id: contact@positivty.com