Counselling and Digital Service Terms
About us
- Spectra Analytics Ltd t/a Patchs Health (Patchs Health, we, us, our) is an authorised reseller of a range of counselling and digital services (Services) which are delivered by TELUS Health (UK) Ltd and its affiliates, contractors and suppliers (TELUS Health) and are available to individuals in their own right as well as for organisations to purchase on behalf of individuals for whom they are responsible.
- These terms (Counselling and Digital Service Terms) apply as between:
- Patchs Health; and
- individual users who wish to purchase the Services for their own benefit (You and Your).
- You acknowledge and agree that the Services are provided by TELUS Health and that Patchs Health is only a reseller of the Services. Patchs Health therefore has no control over the actual delivery of the Services to You. [If You have any concerns, issues or complaints in respect of the Services then please contact Patchs Health on support@patchshealth.com.
We can suspend and/or withdraw the supply of a service.
- When You wish to purchase the Services, these terms shall apply in relation to Your relationship with Patchs Health and our obligations to You. You must comply with these Counselling and Digital Service Terms and the TELUS Health User Terms and Policies (as defined below). If You do not comply with these Counselling and Digital Service Terms and the TELUS Health User Terms and Policies then we and TELUS reserve the right not to provide the Services or, if they have commenced, withdraw the Services from You.
Your legal right to change Your mind
- If You change Your mind then You have the right to cancel your contract with Patchs during the 14-day cancellation period. The cancellation period starts on the date that we accept an order for the Services from You and ends 14 days after that date. If You wish to exercise this cancellation right, just contact us at support@patchshealth.com and let us know that You want to do so and, as long as the cancellation period has not expired, Your contract with us will come to an end and (if applicable) we will refund any payments You may have made to us.
- TELUS will only perform the Services during the 14-day cancellation period if You request this during the order process. If You request that TELUS starts providing the Services during the 14-day cancellation period then You will still have a right to cancel, but we can charge You (or apply a deduction to Your refund) for any Services carried out under the contract up to the date You cancelled
Your relationship with TELUS Health
- The provision of the Services by TELUS Health is subject to their terms and conditions and privacy and cookie policy which can be found here (https://help.lifeworks.com/hc/en-gb/articles/209973963) (TELUS Health User Terms and Policies) and by signing up to receive the Services You will need to create an account and accept the TELUS Health User Terms and Policies. You will be entering into a separate contract for the provision of the Services with TELUS Health on the TELUS Health User Terms and Policies and must comply with such terms.
- You acknowledge that the Services may be provided to You by TELUS Health contractors (including local affiliate counsellors, third-party retail partners, digital content providers and global business partners). TELUS Health warrants that such contractors shall be appropriately qualified and experienced and where applicable, governed by their respective codes of ethics and practice for the appropriate governing professional body. TELUS Health counselling sessions are intended for You and no other persons. All Services are personal to You and You may not assign or transfer any Services to anyone else at any time. None of the Services are intended to replace disciplines requiring governmental or professional licenses such as the practice of law or medicine. Where applicable, an independent lawyer, doctor or appropriately licensed professional may be involved in the provision of Services.
- Where TELUS Health provides educational information concerning third-party services and programs, TELUS Health may require You to acknowledge a disclaimer or otherwise provide a consent indicating that You are responsible for ascertaining the quality, capability and suitability of a third-party’s services for Your needs, and You may be required to acknowledge and agree that no warranty as to such third-party services is being made in connection with the provision of information concerning such third-party services.
- The relationship between TELUS Health and You will be confidential. TELUS Health will be under no obligation to communicate with PATCHS Health about any personally identifiable information TELUS Health (or any TELUS Health affiliate or contractor) obtains from You, except (a) when expressly agreed to by You in writing with TELUS Health, or (b) in the cases of fraud, including potential fraudulent activity by You as reasonably suspected by TELUS Health. TELUS Health will have the right to communicate directly and privately with You as necessary to carry out its obligations to You.
Third party content
- The website and/or app may include links to websites for third parties. Neither TELUS Health nor Patchs Health are responsible for (i) the operation or content of these other websites; (ii) any act or omission by such third parties; and (iii) any links provided, or not provided, by third parties.
Using the Services outside the United Kingdom
- You acknowledge and agree that Your use of and access to the Services must be from within the United Kingdom (Territory). You may however access the Services from outside the Territory if and when You are travelling or if You are temporarily (less than 6 months in any 12-month period) based outside the Territory. However, Services delivered by the TELUS Health platform may not be fully accessible outside the Territory. If You are permanently based outside the Territory then additional terms and limitations may apply as well as the Service being delivered by third parties so please contact us support@patchshealth.com to discuss how we can help.
The Services might not be available all of the time
- Patchs Health and TELUS Health will use commercially reasonable efforts to make the Services, website and app available for use by You for as much of the time as is reasonably possible, but neither Patchs Health nor TELUS Health give or enter into any condition, warranty, or other term to the effect that the Services, website or app are or will be:
- available all of the time;
- available on a continuous or uninterrupted basis;
- free from errors, defects, viruses or other destructive elements; or
- in compliance with any particular standard(s).
- By creating an account and using the website or app, You agree to the extent permitted by applicable law that neither Patchs Health nor TELUS Health will be liable to You for any unavailability of or defect in the Services, app or website (however temporary), including due to scheduled maintenance, upgrades, security, legal or business reasons, and/or reasons beyond Patchs Health and/or TELUS Health control (such as hardware or software failures, other interruptions of internet service, or retailer website unavailability).
Your responsibilities
- It is Your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy Your particular requirements as to the safety and reliability of the website, app and their contents.
- You are solely responsible for protecting Your login details and password and we will not be held liable for any loss or damage that may result from Your failure to do so.
- You shall ensure that no: (a) illegal, discriminatory, harassing, libellous, slanderous, or other legally offensive content is posted on the website or app (User Content), and no (b) illegal, criminal, or fraudulent activity is perpetrated against Patchs Health, TELUS Health or any TELUS Health affiliate or contractor (User Activity). Neither TELUS Health nor Patchs Health monitors, or moderates User Content or User Activity and TELUS Health and Patchs Health hereby disclaim any responsibility or liability for any User Content or User Activity.
We will not compensate You for all losses caused by us or the Services
- Nothing in these Counselling and Digital Service Terms shall exclude or limit our liability to You:
- for death or personal injury caused by negligence;
- for fraud or fraudulent misrepresentation; or
- for any liability that may not, under applicable law, be excluded or limited. As such, the limitations of liability in these Counselling and Digital Service Terms only apply to the extent permissible under applicable law.
- Subject to paragraph 18 above, we shall be liable to You (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss, damage, liability, cost, claim or expense that You suffer unless the loss is:
- not reasonably foreseeable;
- a result of the suspension or termination by us or TELUS Health of Your access to and use of the Services in accordance with our rights under paragraph 3 of these terms and conditions;
- a business loss in that it relates to Your use of a product for the purposes of Your trade, business, craft or profession;
- something You could have avoided by taking reasonable action;
- a result of any act or omission of any TELUS Health or other third party;
- a result of any of the Services provided or not provided by TELUS Health or any third party; or
- a result of any circumstance or event which we cannot reasonably be expected to control.
Tax liabilities
- We shall not be liable to You for any tax liabilities that You incur as a result of the Services You receive, and You are solely responsible for understanding and paying Your own tax liabilities associated with or resulting from the Services.
What to do if You have a problem with us or the Services
- Customer Service Team: support@patchshealth.com will do their best to resolve any problems You have with us or the Services as per our Complaints policy.
Other important terms that apply to this contract
- You may not sub-license, transfer, or assign any of the rights or obligations under these Counselling and Digital Service Terms.
- We may subcontract or delegate the performance of any of our obligations to You. We may transfer or assign any of our rights or obligations to someone else. We will contact You to let You know if we plan to do this. If You are unhappy with the transfer You can contact our Customer Service Team: support@patchshealth.com to end the contract within 30 days of us telling You about it and we will refund You any payments You have made in advance for services not provided.
- These Counselling and Digital Service Terms, which include any other terms expressly referred to in them, represent the entire agreement between You and us in relation to this subject matter.
- All notices given by You to us or vice-versa must be given by email to the address set out here support@patchshealth.com. We may give notice to You at either the email or postal address You provide to us when placing an order.
- If we fail to enforce, or delay in enforcing, any of our rights under these Counselling and Digital Service Terms, that does not result in a waiver of the rights concerned.
- If any provision of these Counselling and Digital Service Terms is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
- These Counselling and Digital Service Terms shall be governing by the laws of England and subject to the exclusive jurisdiction of the courts of England save where You are an individual You may bring a claim in the courts in the country You live in.
TELUS will only perform the Services during the 14-day cancellation period if You request this during the order process. If You request that TELUS starts providing the Services during the 14-day cancellation period then You will still have a right to cancel, but we can charge You (or apply a deduction to Your refund) for any Services carried out under the contract up to the date You cancelled.
For full details of our Refund and Returns Policy please refer to our terms and conditions here.