terms & conditions
last updated: 5/4/2023
1.1. These Terms and Conditions ("Terms" or "Terms and Conditions") are applicable to your relationship with Company by Laurent, (including, but not limited to, e-mails, sessions, messaging, and social media through which content, coaching & therapy may be provided.. The Terms and Conditions also contain provisions regarding your access to and use of the site, social media, and resources.
1.2. The Terms apply to all visitors, users and others who access or use Company by Laurent.
1.3. The terms “you", "your,” and “yourself” refer to the individual user of the services and/or content and resources. The terms "the Company", "The Company", "Company by Laurent", "Company (by Laurent)", "Honest Company", "Creative Company", "Our Honest Company", "Your Honest Company", "The Honest Company","HC", "OHC", refer to Company by Laurent.
1.4. Please read the Terms and Conditions carefully before using the services. Your access to and use of these are conditioned on your acceptance of and compliance with these Terms. By accessing or using services and content of Company by Laurent you agree to be bound by the Terms and Conditions. You are not allowed to use any of these services, resources or content if you disagree with any part of the Terms and Conditions.
1.5. You confirm that you are (i) over the age of 18, (ii) physically located or are a resident of the state or the Country you have chosen as your current residency when creating your account, (iii) legally able to consent to receive the services provided, and (iv) legally able to enter into an agreement.
1.6. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information about appropriate medications or treatment for you. None of the content on Company by Laurent (site, social media or otherwise) represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. The Company does not approve any specific tests, medications, products or procedures.
2. Services & Content
2.1. Company by Laurent as well as any information text, graphics, photos or other materials uploaded, downloaded or appearing elsewhere is available at the Company’s website and mobile app (the “App”).
2.2. Company by Laurent shall be used to provide resources, content, information and access to professional therapy and coaching.
2.3. Other than the direct and explicitly stated guidance and advice you receive directly from the therapist or coach, the other educational, graphics, research sources and other incidental information on the site or social media should not be considered medical advice.
2.4. Company by Laurent shall be provided "as is" without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. To the fullest extent permissible pursuant to applicable law, the Company expressly disclaim all warranties of any kind, whether expressed or implied.
2.5. At any time and for any reason, or for no reason at all the Company may, with or without prior notice, modify, suspend, disrupt or discontinue (i) the site & social media accounts (ii) any part of the site, or social media accounts (iii) the use of or access to the site and social media accounts, whether to all users or to you specifically. Further, the Company is entitled, but is not obligated to, refuse to provide access to the site or social media to any person, agency or organisation at any time, for any reason or for no reason at all, in its sole discretion. The Company reserves the right to without prior notice change, suspend, or discontinue all or part of the site and social media, temporarily or permanently. The Company will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
2.6. The Company will make commercially reasonable efforts to ensure reliability and accessibility. However, no platform can be 100% reliable and accessible and the Company does not warrant that access to their services and resources will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times, or that any eventual defects will be corrected.
2.7. The Company advises you to exercise a high level of care and caution in the use of the site and social media as you would making any mental health or medical decision.
2.8. The Company can 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 related to Third Party Content. The Company is not liable (or responsible) for the creation of any such Third Party Content, including but not limited to any related products, practices, terms or policies. Further, the Company will not be liable for any damage or loss caused by any Third Party Content.
2.9. You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. The Company cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the site or social media.
3. Your Account
3.1. In order to use the services, you may be required to sign up and establish an individual user account, which includes providing specific information. When establishing your account, you must also provide your personal contact information as well as a close family member’s or friend’s contact information (“Emergency Contact”), which the therapist/coach shall use in case of a mental health crisis or other emergencies where knowledge of your location is necessary.
3.2. You undertake not to create more than one account, or an account for anyone other than yourself without prior permission from the other person. Further, you undertake not to use the account of any other person for any reason.
3.3. You are always responsible for maintaining the confidentiality of your account password and username (if any) and any other security information related to your account. In the event of any unauthorised use of your account or any other concern for breach of your account security, you undertake to immediately notify the Company. The Company will not be liable for any loss or damage that you incur as a result of someone else accessing using your account, either with or without your knowledge. You are recommended to frequently change and take extra care to protect your password.
3.4. You are solely and fully liable and responsible for all activities performed using your account. The Company will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorised by you or not, and you agree to indemnify and hold the Company harmless for any such damage or loss.
4. Therapy & Coaching Services
4.1. The Company has created a digital health network with nationwide and worldwide digital trained and accredited therapists, coaches and affiliated professionals.
4.2. The Company cooperates with independent, licensed or certified/accredited (depending on their location), insured and vetted professionals. The Company requires all professionals to be licensed or certified/accredited professionals in good standing in the relevant field of expertise abiding by all relevant laws, rules, and regulation.
4.3. Your relationship with the therapist/coach is solely, and strictly, with the therapist/coach. The Company shall not be involved in the relationship. Further, the Company does not interfere, validate or control the therapist or coaches treatment unless advocating on behalf of you when following up on a specific complaint.
4.4. You should not at any time disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider, or use or combine the Company with traditional face-to-face appointments, because of information you find on the site, social media, or advice from your coach or therapist.
4.5. The Company is limited to allowing therapy and coaching services.
4.6. You are aware of that the therapist / coach services may not be suitable for everyone’s needs or for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation. If the therapist / coach services you have been provided are not suitable for your needs or expectations, you are entitled to end your treatment / intervention / support at any time, we however recommend you consult with your therapist / coach directly regarding this.
4.7. You are aware that your therapist and/or coach may, where necessary may share information relative to your personal health information (PHI). This may arise in situations of (but not limited to) co-ordination of care, referrals, concerns of risk to self and/or others. Your consent where possible will be sought, but you are aware that where legal requirement supersedes your consent such as court ordered requests, concerns of risk - to your self and/or others, consent is not required.
5. Your Use of the Site & Services
5.1. Your use of the site, services and your reliance upon any of its contents and information is solely at your risk.
5.2. You are aware that in order to access and use the site and services, you must provide truthful information about your age, residence and Emergency Contact.
5.3. All information you have provided, or will provide in the future, in or through the site and within the service shall be true, accurate, current and complete. Additionally, you shall during the term of these Terms and Conditions make sure to maintain and update the information in order to continue to be true, accurate, current and complete.
5.4. You shall not access or use the site or it's services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms.
5.5. You undertake not to post, send, use, store, transmit or deliver either of the following on and through the site:
(i) messages or information under a false name;
(ii) unsolicited e-mail and/or advertisement or promotion of goods and services;
(iii) malicious software or code;
(iv) information that is unlawful, libelous, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content;
(v) any content that infringes a third party right including intellectual property rights of others or the privacy or publicity rights of others;
(vi) any content that may cause damage to a third party; or
(vii) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
5.6. Further, you shall not attempt to disrupt the operation of the site or services by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the site or services in any way that could damage, disable or impair the site or services. You shall not attempt to obtain unauthorised access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Platform for any purpose.
5.7. The Company is not obligated to respond to messages posted on the site, social media or emails. You are solely responsible for the information or material you post.
5.8. In case you provide information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to believe that your account information is untrue, inaccurate, not current or incomplete, the Company reserves the right to transition your treatment to another professional and refuse any future request(s) from you to use the site and services.
5.9. Your use of the site & services, including the therapist / coaches individual services, are solely for your own personal use and you shall not use the site or the services for or behalf of any other person or organisation.
5.10. You shall not interfere with or interrupt, or attempt to interfere with or interrupt, any of the Company’s or the sites systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
5.11. You shall not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the site and service, and your relationship with the therapist / coach and the Company.
5.12. In case you would receive a file from the Company or a therapist/coach, whether through the site or not, you shall check and scan this file for any virus or malicious software prior to opening or using this file.
5.13. This Clause 5.13 applies to any App accessed through or downloaded from any source where the App is made available ("App Provider"). The Terms and Conditions are applicable on the relationship between you and the Company, and not with the App Provider. The Company is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. In case you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features the Company publish in order to improve, enhance, and further develop the software, Platform, or App. The App may change from time to time and/or the Company may permanently or temporarily stop providing the App without prior notice to you.
6.1. Regardless of any payments made, the Company shall not be considered as your direct provider of therapy services, this is limited to the role of your therapist and coach, specifically.
6.2. You shall only use credit cards or other payment means (“Payment Means”) which you are duly and fully authorised to use. All payment related information you have provided and will provide in the future, to or through the site and services, shall be accurate, current and correct and will continue to be accurate, current and correct. By providing the Company with your credit / debit card information, you authorise the Company to bill and charge your card.
6.3. You shall pay all fees and charges associated with your account on a timely basis and according to the fee schedule, the terms and the rates as published on the site and within the services. By providing the Company with your Payment Means you authorise the Company to bill and charge you through the Payment Means. Further, you shall maintain valid Payment Means information in your account information.
6.4. The Company provide professional services, which are paid to the therapist/coach. Refunds and rescheduled sessions for unused time within subscriptions, missed sessions, & same day cancellations (within 24 hours) are normally not granted since the charge for the professionals time has been is scheduled for use – as other medical professionals. The Company will together with the therapist review refund requests on a case-by-case basis. In case the refund request is based on any special or legal circumstances, such as but not limited to medical, death, disability or court orders, the Company will make accommodations. In case refund is not granted or possible, the Company will be able to provide other accommodations, such as rescheduling. 48 hours notice is required for rescheduling requests as standard.
7. Intellectual Property
7.1. All content available on or through the site and social media shall be the property of the Company or its licensors, and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
7.2. The site is subject to various factors such as, but not limited to, software, hardware and tools, either the Company’s or those owned and/or operated by the Company’s contractors and suppliers.
7.3. You undertake not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the site or social media to any third party. All software and accompanying documentation made available for download through the site or social media is the copyrighted work of the Company or its licensors. Any copy made of information obtained through the site or social media must include all applicable copyright notices.
7.4. The Company is protected by copyright and trademark. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Any kind of abuse will be reported.
8. Limitations of Liability
8.1. You will indemnify, defend, and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
(i) your access to or use of the site;
(ii) your use of the therapist / coach Services;
(iii) any actions made with your account whether by you or by someone else;
(iv) your violation of any of the provisions of this Agreement;
(v) non-payment for any of the services which were provided through the site;
(vi) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
8.2. In the event of any problem with the site, social media or any of its content, your sole remedy shall be to cease using the site and social media. Under no circumstances shall the Company, any of the Company’s licensor or supplier, or any third party who promotes the Company or provides you with a link to the Company be liable in any way for your use of the Company or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
8.3. Under no circumstances shall the Company, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the Company or provides you with a link to the Company's services, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if the Company or any third party have been advised of the possibility of such damages.
8.4. The Company shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
8.5. The Company’s aggregate liability for damages arising with respect to the Terms and Conditions and any use of the site or social media will not exceed the total amount of money paid by you or on your behalf through the platform in the 3 (three) months period prior to the date of the claim.
8.6. You shall release and hold the Company harmless for all causes of actions and claims resulting from the therapist / coach services or the site, such as but not limited to acts, omissions, opinions, responses, advices, suggestions, information and or service of any therapist / coach / professional affiliate and/or any other content or information accessible through the site or social media.
8.7. If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
The Company may notify or in other ways communicate with you regarding the Terms and Conditions or any aspects of the Company, by posting it online or by e-mail or regular mail to the address you provided when creating your account. The date of receipt shall be the date on which such notice is given. Notices sent to the Company must be sent by email to firstname.lastname@example.org.
10. Data Protection
10.1. The Company shall comply with the General Data Protection Legislation (GDPR).
10.2. The Company has always respected your privacy and is therefore HIPAA compliant and follows stringent data privacy rules.
10.3. With regard to security, the Company stores all private health information on servers with full HIPAA compliance.
10.4. The Company will provide you with its notice of any data breach in case of such breach. Further, the Company will engage a third party security firm from time to time to audit code and technology security as well as the Company’s HIPAA policies and procedures around data security.
10.5. You affirmatively consent that the Company’s oversight personnel will, as needed, review your specific session transcripts or notes in a HIPAA approved de-identified form for the following purposes:
(i) to ascertain your ability to successfully engage with the therapist / coach.
(ii) to review your complaint about a particular matter/case that you report about your therapist / coach or about a particular language intention with your therapist / coach;
(iii) for your safety concerns or complaints;
(iv) for your risk management, or risk management of others
(v) to transfer you to a new therapist / coach;
(vii) to address raised quality assurance concern(s) that may apply to an individual, a state-wide compliance issue or a national network issue.
10.6. You consent to the Company using "Meta Data" and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the services. If your complaint requires a review of the session transcripts in the original form, you consent to an oversight personnel at the Company to access your account only to respond to your particular complaint or raised issue.
10.7. You affirmatively grant the Company permission to have your therapist / coach periodically provide non-content based clinical assessments of your progress to the Company. Further, you are aware of that the Company may provide the therapists / coaches with clinical assessment tools to provide information on your mental health and well-being, and that results will be seen by your therapist / coach to be discussed with you.
10.8. All de-identified data, meta-data and research data collected by the Company through your use of the Platform shall remain the sole property of the Company. The Company may share some or all of the research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is non-identifiable aggregated as a statistical measure, however, not in a manner that would identify you personally. You shall not request that the Company remove or delete any of such data.
10.9. The Company is obligated to store personal data as required by law, typically for no less than seven (7) years and may not delete personal data containing medical data even upon your direct request.
The Company shall be entitled to freely transfer or assign the Terms and Conditions or any of its obligations hereunder. You shall not be entitled to transfer any of your rights or obligations under the Terms and Conditions, without the prior written consent from the Company.
An omission by the Company or you to exercise its rights and remedies under the Terms and Conditions on any occasion shall not constitute a waiver of such rights and remedies on other occasions.
11.3. Entire Agreement
These Terms and Conditions represents the entire understanding and constitutes the whole agreement between you and the Company.
11.4. Surviving clauses
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms and Conditions.
The Company shall be entitled to change the Terms and Conditions by posting modifications on the website www.companybylaurent.com. Therefore, you are encouraged to check the terms of the Terms and Conditions frequently. The last update date of this Agreement is posted at the top of the Terms. Unless otherwise specified, all modifications shall be effective upon posting. By using the site and services after the changes have become effective, you agree to be bound by such changes. Should you not agree to the changes, you must terminate access to the site and participation to services.
If any provision of the Terms and Condition is held to be illegal, invalid, unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form a part of the Terms and Conditions. The validity and enforceability of the remainder of the Terms and Conditions shall, however, not be affected, provided that the remaining terms are reasonably adjusted to redress any imbalance caused by the unenforceability or invalidity of the original provision.
12. Governing Law and Disputes
12.1. These Terms and Conditions shall be governed by the substantive law of Australia.
12.2. The courts of Australia shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with the Terms and Conditions, or the breach, termination or invalidity thereof.
13. Contact us
This Company is owned and operated by Li Laurent.
All other feedback, comments, requests for technical support and other communications relating to the site and services should be directed to: email@example.com.