Terms of Service
Last Updated: 8 Oct 2023
Terms & Conditions of Service
Thank you for engaging Ardelle Psychology (“Ardelle Psychology”, “we”, “us”, or “our”) to be your mental health provider. You can contact us by:
emailing us at: info@ardellepsychology.com;
sending us a message through the contact links on our Website.
By engaging us as your mental health provider:
you accept and agree to be legally bound by these terms and conditions (“Terms”) (where applicable); and
you accept and agree to our Privacy Policy [link here] which sets out the terms on which we process any personal data we collect about you, or that you provide to us, and further consent to such processing and promise that all Data provided by you is current, factual and accurate.
We may, at our sole discretion, and at any time, discontinue any Service, in whole or in part, or may prevent or restrict your use of any Service, in each case with or without notice to you and for any reason, including, but not limited to, for violation of these Terms.
Telehealth Services
We may provide our Services via electronic means (“Telehealth Consultations”).
We are not obligated to provide our services via Telehealth Consultations, and may insist on in-person consultations and may cancel or withdraw from the telehealth consultation for any reason if its provision is deemed clinically unsafe or ethically inappropriate.
Where the Telehealth Consultations are provided via third party telehealth platform providers, the agreement for services exists between you and the external telehealth provider. Please review the terms of the external provider as they apply to any telehealth service we offer via an external platform.
Service Fees
In consideration for the Services, you will pay us the Service Fees. The Service Fees will be as agreed from time to time in writing with us, and will be charged on a per-session basis.
Service Fees for each prospective session shall be invoiced to you within three (3) days of scheduling the session, and shall be paid twenty-four (24) hours prior to the session. Where the Service Fees for the session is unpaid, we reserve the right to cancel the session. We may, at our sole discretion, and at any time, discontinue any Service, in whole or in part, in each case with or without notice to you.
Where the session is scheduled outside of our Opening Hours, we reserve the right to charge an additional per-session administrative fee which shall be agreed from time to time in writing with us.
Where the session is required to be held outside of our offices, we reserve the right to charge an additional per-session administrative fee which shall be agreed from time to time in writing with us.
There shall be no reduction of Service Fees or refund thereof due to a reduction in session duration due to late arrival or early termination.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
All Service Fees are subject to processing by our payment service providers, the approval of the Payment Processing Company and the relevant issuing bank. We shall not be liable in any way if the payment service provider, Payment Processing Company or the issuing bank refuses to process or accept any Online Payment particulars for any reason.
You agree to provide to us and our payment service providers current, complete, and accurate purchase and account information for all payments of Service Fees. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we or our payment service providers can complete your transactions and contact you as needed. You further agree that we shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by our payment service providers.
If for any reason we are unable to charge your payment method for any Service Fees owed, or if we receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any Service Fees that we previously charged to your payment method, we may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services.
We reserve the right to exercise our lawful remedies if a dispute or issue arises over payments, or if we do not receive full payment for the Services. In particular, but without limitation to any other remedies, if the Payment Processing Company or the issuing bank rejects or reverses payment, we reserve the right to refuse, limit or cancel our provision of the Services.
All amounts payable to us under these Terms are exclusive of all taxes and similar fees now in force or enacted in the future, which you will be responsible for and will pay in full without any set-off, counterclaim, deduction or withholding unless prohibited by applicable law.
Cancellation, No-Shows, Re-Scheduling and Refunds
All Service Fees are non-refundable unless otherwise stated in Clause 19 below.
Scheduled sessions may be cancelled, or rescheduled at any time, subject to the following:
Where the request for cancellation or rescheduling was submitted within 24 hours of the arranged session, or after the arranged session has commenced, there shall be no refund of Service Fees paid or otherwise agreed in writing with us;
Where the request for cancellation or rescheduling was submitted within 48 hours but longer than 24 hours of the arranged session, the amount refunded shall be 50% of Service Fees paid or otherwise agreed in writing with us; and
Where the request for cancellation or rescheduling was submitted longer than 48 hours of the arranged session, the amount refunded shall be 100% of Service Fees paid or otherwise agreed in writing with us;
There will be no refunds on any Services that are fully rendered, or any session that has been attended, whether partially or wholly.
Unless otherwise agreed in writing, all refunds will be remitted in the same currency or medium used to pay for the Service Fees.
You agree that our issuance of a refund receipt is only confirmation that we have submitted your refund to the original funding source charged at the time of the original sale, and that we have no control over when the refund will be applied towards your original funding source’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your original funding source establishes and regulates the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
Disclaimers
To the extent permitted by law, neither we nor our officers, directors, employees, agents and any related entities make any specific warranties, guarantees or representations of any kind with respect to our Services. All warranties, conditions and terms, whether express or implied by statute, common law or otherwise (including any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose or non-infringement of third party rights) given by us are excluded to the extent permitted by law.
In particular, we (and our officers, directors, employees, agents and related entities) cannot be liable for any failure to perform, or delay in performing, any of our obligations as a result of events which are outside our control. An event which is outside our control refers to any act or event beyond our reasonable control, including, but without limitation to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If you are dissatisfied with the Services, or you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these Terms or the Services, then your sole and exclusive remedy is to discontinue using the Services.
Indemnities
You agree to defend, indemnify and hold us harmless, including our subsidiaries and affiliates, and all of our respective officers, directors, employees, suppliers, agents and related entities, on demand against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, incurred or suffered in connection with or as a result of:
your breach of any term of these Terms, including your representations and warranties set forth herein;
failure to comply with applicable law;
any actions arising from your instructions or which we reasonably believe to have been made by you or any of your authorised users.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. This section shall continue to be in force even after you cease using our Services.
Customer Warranties
You represent, warrant and undertake on an ongoing basis that:
you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
you have the full capacity, authority and consents to enter into and to exercise the rights, and perform your obligations under, these Terms;
you will provide us with accurate, up-to-date and complete information and data at all times;
you will not impersonate another person or provide us with information or data of another person other than your own; and
where you are retaining our Services on behalf of another person:
you will communicate this clearly and unambiguously to us;
any information or data that you provide us in relation to the other person is accurate, up-to-date and complete;
you have full authority and consents to provide us information or data belonging to the other person; and
you will not use the Services, directly or indirectly, for any fraudulent undertaking.
You acknowledge that clinical Assessments and psychotherapy are most effective when the information provided is relevant, accurate and comprehensive, and withholding information from your psychologist may adversely affect the outcome of psychological intervention.
Confidentiality of Information
We will keep all information we receive in the course of providing the Services to you in accordance with our usual procedures. We will not disclose any confidential information to any person unless we have your written consent to do so, except: -
where information is already in the public domain (otherwise than through a breach of this paragraph or any other confidentiality obligation owed by us to you);
if we are permitted or are required by law, by an order of court, or by a tribunal to make the disclosure;
if we disclose the information in confidence, for the sole purpose of obtaining advice in connection with our legal or ethical obligations;
If we disclose the information in compliance with or to fulfil our obligations under any applicable laws and/or regulations and/or orders from any court or other tribunal of competent jurisdiction;
if we disclose the information in confidence to a provider or broker of the our professional indemnity insurance, in connection with any claim or potential claim, or any complaint or potential complaint, by any person against us; and
If we, in fulfillment of our ethical obligations, disclose the information to the relevant and/or necessary persons, authorities or organisations in the event that we in our professional opinion determine either you or others are at risk of significant harm to yourself or others.
Where you have engaged our services on behalf of another person, we are not obligated to disclose, reveal or transfer any information from the Services to you unless we in our professional opinion determine either the subject of those sessions or others are at risk of significant harm to himself/herself or others.
You acknowledge that we may, from time to time, wish or be required to work with other professionals and third parties regarding the provision of the Services. You hereby authorise us to forward all information as we consider reasonably necessary for such purposes through mail, fax, electronic mail or other means.
Modifications to these Terms and Services
We reserve the right, at our sole discretion, to modify or replace these Terms, or change, suspend or discontinue any aspect of the Services at any time or for any reason.
Where appropriate, we may notify of any changes taking effect, including by posting the revised version of these Terms on the Website or via email. If you disagree or do not wish to be bound by such change, you may choose to terminate your account and discontinue use of our Services before the changes become effective. You agree that your continued use of our Services after changes to these Terms becomes effective constitutes your acceptance of such changes.
Third Party Services
Our Services may contain links to participating payment service providers, financial institutions and/or third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any participating financial institution or third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You are responsible for deciding if you wish to access the websites of such payment service providers, participating financial institutions or third parties by clicking on a link or installing an application. The inclusion of any link or application on the Dashboard does not imply that we endorse the linked site or application. Your use of the links and access to the websites of such participating financial institutions or third-parties shall be at your own risk and you agree that your use of an application or third-party website is on an “as is” and “as available” basis without any warranty for any purpose.
Additional terms and conditions of participating financial institutions or third-party service providers may apply to your transactions. Please read these additional terms and conditions carefully. You acknowledge and accept that a participating financial institution and/or third-party service provider may change, modify or discontinue, temporarily or permanently, any services provided to you without notice to you and we shall not be liable or responsible for such change, modification, suspension and/or discontinuance of services.
Communications
During the course of providing the Services, it is expected that we will communicate with you and others electronically.
For purposes of forming a legally binding agreement, you hereby consent to receive electronic communications and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing.
We will make reasonable efforts to ensure that any electronic communications are secure. It is possible that such communications can be accessed, read, modified, and/or transmitted by and to third parties without authorisation of ourselves or the intended recipient. Accordingly, we make no warranties with respect to any electronic communications between us.
We shall not be liable for any loss, damage, cost, expense or claim incurred by you or any third party arising directly or indirectly in connection with the unauthorised tampering and/or re-transmission of our electronic communications.
No modifications, alterations, deletions and/or onward transmissions are to be made to or of electronic communications sent by us without our prior written consent.
In addition to communicating via electronic means, we may contact you via letter or telephone where appropriate. We may also communicate with you via any mobile messaging applications (including SMS, WhatsApp or Telegram). Any communications or notices sent by post will be deemed received three (3) days from the date of posting for Singapore post or within five (5) days of posting for international post. Any communications or notices sent by any mobile messaging applications will be deemed received the same day.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms and any other terms and conditions of the Services constitute the entire agreement between you and us with respect to the Services and supersedes all prior understandings, agreements, representations and warranties, both written and oral, between us with respect to the Services.
These Terms, and any dispute or claim arising out of or in connection with it and/or your account, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. Any disputes or claim arising out of or in connection with these Terms and/or your account shall be subject to the exclusive jurisdiction of the Courts of Singapore.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore (or any equivalent legislation under applicable law) to enforce any term of these Terms, save as expressly provided in these Terms.
Definitions and Interpretation
In these Terms (unless the context requires otherwise):
the words "including", "include", "for example", "in particular" and words of similar effect shall not be deemed to limit the general effect of the words which precede them;
reference to a party shall be construed to include its successors and permitted assignees or transferees;
reference to any legislative provision shall be deemed to include any statutory instrument, by law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it and any subsequent re-enactment or amendment of the same; and
if there is any inconsistency between these Terms and any additional terms, then such additional terms prevail to the extent of the inconsistency.
Capitalised terms in these Terms, unless otherwise expressly defined herein, have the following definitions:
“Data” means all types of data including Personal Data and Payment Data.
“Opening Hours” Subject to the opening hours stated at [link], from 9am - 6pm on Weekdays, and 10am to 3pm on Weekends. We are not open on public holidays.
"Payment Data" payment account details, information communicated to or by financial services providers, financial information specifically regulated by applicable laws, and any other transactional information generated as part of the use of our Services.
"Payment Processing Company" means the applicable payment or card processing entity for the relevant payment mode.
"Personal Data" means any data (a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable.
"Privacy Policy" means our Singapore privacy policy which is made available on the Website or provided to you separately as amended from time to time.
"Services" means all mental health therapy provided by us.
"Service Fees" means the fees applicable to the use of any of the Services.
"Website" means any webpage, including but not limited to ardellepsychology.com.