Solacare Terms of Service

1. Definitions

• "Practitioner" means a Hong Kong mental health professional who registers under an owner account and manages their professional practice through the Platform, including registered social workers, counsellors, counselling psychologists, clinical psychologists, educational psychologists, registered nurses (psychiatric), occupational therapists, psychiatrists, registered expressive arts therapists, and music therapists.
• "Client" means a person who books, receives, or views services provided by a Practitioner through the Platform.
• "User" means any person who uses the Services, including Practitioners and Clients.
• "Content" means any material uploaded, stored, transmitted, or displayed on the Platform, including text, documents, forms, records, images, and messages.
• "Clinical Content" means clinical, social work, or professional records created or managed by a Practitioner in connection with a Client case.
• "Third Party Services" means external vendor services integrated into the Platform, as described further in Section 9.

2. Nature of the Platform and Our Role

Solacare is an ementalhealth platform. We are not a medical institution, clinic, or health service provider. We do not directly provide any medical, psychological, counselling, or clinical advice, diagnosis, or treatment.

All professional services received by a Client are provided independently by the Practitioner. The therapeutic relationship exists solely between the Practitioner and the Client. Solacare is not a party to that professional relationship and is not responsible for the content, quality, appropriateness, or outcome of any professional service.

The Platform acts only as a technical intermediary between Practitioners and Clients, providing tools such as booking, communication, document management, and payment processing. We verify that the person responsible for a Practitioner's centre holds practising credentials from a recognized professional body in Hong Kong, but we do not warrant the authenticity, conduct, or performance of any Practitioner's professional credentials except as expressly stated in these Terms.

3. Acceptance and Amendment of Terms

By using the Services, you agree to these Terms. We may amend these Terms from time to time. The amended version will be posted on the Platform along with its effective date.

If you continue to use the Services after an amendment takes effect, you are considered to have accepted the amended Terms. For material changes, we will make reasonable efforts to notify you by email or through a Platform notice.

4. Account Registration and Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract in order to register an account. If a minor uses the Services with the consent of a parent or guardian, that parent or guardian must agree to be bound by these Terms.

You must provide true, accurate, and complete registration information and update it promptly if it changes.

Account login and identity verification are handled through Clerk. You are responsible for complying with Clerk's own terms.

5. Account Security

You must keep your account login credentials secure and are responsible for all activity that occurs under your account.

If you discover any unauthorized use of your account, you must notify us right away. We are not responsible for any loss arising from your failure to keep your account secure.

6. Acceptable Use

You agree that you will not do any of the following:

• violate any applicable law, regulation, or third party right;
• upload or transmit content that is unlawful, defamatory, obscene, threatening, harassing, or misleading;
• upload content containing viruses, malicious code, or anything that could interfere with the operation of the Platform;
• attempt to gain unauthorized access to the Platform's systems, other Users' accounts, or any restricted area;
• scrape or bulk collect Platform data using automated means;
• impersonate another person or misrepresent your relationship with any person or entity;
• use the Services for any purpose other than their intended purpose.

We reserve the right, but are not obligated, to review, remove, or restrict any content or account that violates these Terms.

7. Intellectual Property

The Platform itself, including its software, design, trademarks, logos, and content created by Solacare (excluding User Content), belongs to Solacare or its licensors and is protected by intellectual property law.

Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable right to use the Services.

You retain ownership of any User Content you upload. You grant us a limited licence to store, process, and display that content, solely to the extent necessary to provide, maintain, and improve the Services.

8. Service Availability

We work to keep the Services stable, but we do not guarantee that the Services will be uninterrupted, error free, or available at all times. The Services may be suspended for maintenance, updates, Third Party Service failures, or other factors beyond our control.

We may add, modify, or discontinue any feature of the Services at any time, without individual notice.

9. Third Party Services

The Platform integrates a number of Third Party Services to provide its features, including without limitation identity verification, payment processing, video and realtime messaging, notifications, and email delivery.

These Third Party Services are operated by their own vendors and are subject to their own terms and privacy policies. We are not responsible for the availability, performance, security, or conduct of any Third Party Service. By using a related feature, you agree to the relevant third party's terms.

10. Privacy and Data

Our collection, use, and processing of personal data is governed by a separate Privacy Policy, which forms an integral part of these Terms. Please refer to the Privacy Policy for details.

For clarity, these Terms do not repeat matters covered by the Privacy Policy. If there is any question about how data is handled, the Privacy Policy governs.

11. Professional Qualifications and Licensing

You represent and warrant that you hold all valid qualifications, registrations, licences, and authorizations required to provide the relevant professional services in Hong Kong, and that you will keep them in good standing for as long as you use the Services.

You must comply with the professional codes, conduct standards, and legal requirements that apply to you. If your professional registration is suspended, revoked, or restricted, you must notify us right away and stop providing the affected services through the Platform.

You agree to upload proof of your professional credentials for verification upon request. This verification process is a basic administrative check only, and does not constitute Solacare's endorsement or guarantee of your qualifications, competence, or conduct. You are solely responsible for the accuracy of any documents you submit.

12. Professional Liability

You are solely and independently responsible for all professional services you provide to Clients, including clinical judgment, assessment, treatment, referrals, record keeping, and professional conduct.

You acknowledge that Solacare is not a party to your professional relationship with any Client and is not responsible for the content or outcome of those services.

You are responsible for obtaining and maintaining adequate professional liability insurance for your own practice.

13. Case Records and Clinical Content

Clinical Content you create on the Platform is created and managed by you. Each Client's clinical records are kept separately by Practitioner and are isolated from other Practitioners.

You must ensure that your record keeping complies with applicable law and professional standards, including any retention requirements.

The documents, forms, and task tools provided on the Platform are aids only, and do not replace your professional judgment.

14. Subscriptions and Fees

Certain features require payment under a subscription plan. The features, fees, and limits of each plan are as published on the Platform from time to time.

Subscription fees are charged on a recurring basis for your chosen billing cycle. Unless otherwise stated, renewal fees are charged automatically until you cancel.

You may cancel your subscription as described on the Platform. Except as required by law or at our discretion, fees already paid are generally nonrefundable.

We may adjust fees after giving reasonable notice. Any price adjustment takes effect at your next billing cycle.

15. Payment Collection and Processing

Payments made by Clients to you for professional services are processed through the third party payment processor Stripe, including its Connect account arrangements. You must complete the relevant payment processor's account opening and verification process and comply with its terms.

For service payments processed through the Platform, we may charge a platform usage fee or transaction fee at published rates. Any such fee is deducted at settlement or otherwise disclosed to you.

Depending on your subscription tier, you may be permitted to collect service fees outside the Platform. In that case, all payment collection, invoicing, and refund arrangements are your sole responsibility, and Solacare is not involved and takes no responsibility for them.

Refund and cancellation policies are set by you and must be clearly communicated to your Clients. You are responsible for handling refund requests for professional service fees directly with the Client. Solacare only provides technical processing and takes no responsibility for refunds of service fees.

You are solely responsible for reporting and paying all applicable taxes on your income.

16. Directory Listing

If you choose to be listed in the Platform's practitioner directory, you must ensure that the information you provide, including your professional profile, scope of services, and fees, is true, accurate, and not misleading.

We may decline, edit, or remove any directory listing based on whether its content complies with these Terms.

17. Termination of Practitioner Accounts

You may terminate your account at any time as described on the Platform.

After termination, you remain solely and professionally responsible for the retention and delivery of your clinical records. You should export any records you need before closing your account. Retention and deletion of data are described in the Privacy Policy.

18. Provision of Services

Professional services you book and receive through the Platform are provided independently by the Practitioner, not by Solacare. Any matter relating to the content, appropriateness, quality, or outcome of a service is between you and the Practitioner directly.

Information provided on the Platform, including practitioner profiles and matching suggestions, is for reference only. It does not constitute medical advice and does not guarantee that any particular Practitioner is suitable for your needs. Whether to book a Practitioner is your own decision.

19. The Therapeutic Relationship

You acknowledge that the therapeutic relationship exists solely between you and the Practitioner. Solacare is not a party to that relationship and takes no clinical or professional responsibility for services you receive.

Any clinical informed consent, treatment agreement, or professional arrangement is entered into directly between you and the Practitioner and is separate from these Terms.

20. Booking, Payment, and Cancellation

You may book services through the Platform. Bookings must be confirmed through an identity verification process.

Service fees are set by the Practitioner and are shown at the time of booking or otherwise arranged by the Practitioner. Payment is processed through a third party payment processor.

Cancellation and refund policies are set by each Practitioner individually. You should familiarize yourself with your Practitioner's policy before booking. Refund requests for service fees must be directed to the Practitioner directly.

If you do not attend a booked session on time, or cancel outside of the Practitioner's policy, you may be responsible for related fees.

21. Online Sessions and Communication

Some services are conducted online, including by video, voice, or text. You are responsible for ensuring you have a stable internet connection, appropriate equipment, and a suitably private environment.

We are not responsible for any impact on session quality caused by issues with your own network, device, or environment.

22. Forms, Homework, and Tasks

A Practitioner may send you forms, assessments, or homework tasks through the Platform. Content you submit is shared only with the relevant Practitioner for professional counselling purposes.

You are responsible for the accuracy of any information you submit. Further details on how this information is handled can be found in the Privacy Policy.

23. Client Responsibilities

You agree to use the Services only for lawful and intended purposes, and not to harass, threaten, or mistreat any Practitioner or other User through the Services.

You understand that the Platform is not intended for emergencies, and that in a crisis you will seek immediate help as described at the beginning of these Terms.

24. Disclaimer

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no warranty of any kind, express or implied, regarding the Services, including warranties of merchantability, fitness for a particular purpose, and noninfringement.

We do not guarantee that the Services will be uninterrupted, secure, or error free, or that any particular result will be achieved through the Services.

25. Limitation of Liability

To the fullest extent permitted by applicable law, Solacare and its directors, employees, and agents are not liable for any indirect, incidental, special, punitive, or consequential loss, including loss of profit, goodwill, data, or anticipated savings, regardless of the legal theory relied on.

In no event will our total cumulative liability arising out of these Terms or the Services exceed the amount you actually paid us for the Services in the 12 months before the event giving rise to liability, if any, or HKD 1,000, whichever is greater.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

26. Indemnity

You agree to indemnify and hold Solacare harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising out of or related to your breach of these Terms, violation of any law, or infringement of any third party right.

27. Suspension and Termination

If you breach these Terms, or if we reasonably believe it is necessary to protect the Platform, other Users, or a third party, we may suspend or terminate your account, giving notice where reasonably possible.

Upon termination, your right to use the Services ends. Terms that by their nature should survive termination, including intellectual property, limitation of liability, indemnity, and governing law, will continue to apply.

28. Governing Law and Disputes

These Terms are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

Any dispute arising out of these Terms or the Services will be subject to the nonexclusive jurisdiction of the courts of Ontario.

If you use the Services as a consumer, these Terms do not affect any mandatory consumer protection you are entitled to under the law of your place of residence that cannot be excluded by contract.

29. General Provisions

Entire agreement: these Terms, together with the Privacy Policy and any applicable supplementary terms, constitute the entire agreement between you and us regarding the Services.

Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect.

No waiver: our failure to exercise, or delay in exercising, any right does not constitute a waiver of that right.

Assignment: you may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms after giving reasonable notice.

Third party rights: except as expressly stated in these Terms, no person who is not a party to these Terms has any right to enforce any of its provisions.

Language: if these Terms are available in more than one language and there is any inconsistency, the English version prevails.

30. Contact Us

If you have any questions about these Terms, please contact Nicholas Wong, the person responsible for the company, at [email protected].