Counseling Service Agreements

  1. A Counselor, or any other person who registers to provide Services, through the use of the Counseling Platform, to Users.

  2. By accessing or using the Platform, the Counselor agrees that he/she has read and agreed to all terms in this Agreement. Upon the Counselor’s acceptance of the terms of this Agreement, he/she agrees that he/she has been advised of and understands the potential risks, consequences, and benefits of administering services using the Platform. If the Counselor does not agree to all the terms of this Agreement, then he/she must not access or use the Platform.

    1. Use of the Platform.

      1. KinYooDee Counseling (collectively “KinYooDee”) reserves exclusive rights to modify the features and functionality of the Platform as determined solely by KinYooDee and such modifications are subject to change or termination without notice.

      2. KinYooDee has the absolute and unmitigated authority to cease referrals of Users to the Contract at any time in its sole discretion.

    2. Disclaimers and Limitations of Liability.

      1. The Counselor acknowledges and agrees that the Platform is being provided for use "as is" and on an "as available" basis without warranty of any kind, express, implied, or statutory, and therefore he/she will not have any plea, claim, or demand towards KinYooDee in relation to the Platform's Users, members, properties, limitations, or compatibility with the Counselor’s needs. The Counselor shall not have any plea, claim, or demand against KinYooDee in respect to any services he/she decides to provide in connection with the use of the Platform. To the fullest extent of the law, KinYooDee expressly disclaims all warranties of any kind, whether expressed or implied.

      2. Registration, providing any use of the Platform is being made at the Counselor’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.

      3. KinYooDee expressly disclaims all warranties for information transmitted by the Platform's Users and/ or members.

      4. The Counselor will bear all the risks associated with utilizing the Platform including reliance on its accuracy, reliability, or legality.

      5. Under no circumstances will KinYooDee be held liable to the Counselor for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic advantage.

      6. The Counselor acknowledges and agrees that KinYooDee disclaims any liability in relation to any claim, suit or action brought by a User, including but not limited to representations by the Counselor as to his/her qualifications and advice provided through the Platform. The Contractor agrees to indemnify and hold KinYooDee harmless in connection with any such claim and any damages or expenses arising therefrom.

      7. The Counselor will be solely responsible for any agreements he/she chooses to make with a User. KinYooDee will not be responsible or liable in any way for any agreement made between the Counselor and a User or for enforcing any such agreement, including but not limited to any agreements in relation to usage of the Platform. Any agreement the Counselor chooses to engage in with a User is at his/her sole responsibility and entire risk.

      8. The Counselor acknowledges that he/she will be solely responsible and liable for any damages to any User to whom he/she provides services and to any User who suffers damages arising from or connected to such services that he/she provided to that User. In the event of a dispute regarding any interaction conducted through the Platform, the Counselor hereby releases KinYooDee from all manner of actions, claims, or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Counselor may have against one or more of the above.

      9. The Counselor shall be solely responsible for and shall indemnify KinYooDee for and in respect of:

        1. any income tax and any other liability, deduction, contribution, assessment, or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. The Counselor shall further indemnify KinYooDee against all reasonable costs, expenses, and any penalty, fine or interest incurred or payable by KinYooDee in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;

        2. any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Counselor or any substitute against KinYooDee arising out of or in connection with the provision of the Services.

      10. KinYooDee shall not be liable to the Counselor or to any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages.

      11. KinYooDee’s aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by the Counselor or to the Counselor through the Platform in the 3 months period prior to the date of the claim.

      12. KinYooDee explicitly disclaims any liability with respect to any claim, suit, or action made by a User. The Counselor agrees to indemnify, defend, and hold KinYooDee harmless with respect to any such claim.

      13. If the 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.

      3. KinYooDee may at its option satisfy the indemnities above (in whole or in part) by way of deduction from any payments due to the Counselor, unless local law requires otherwise. This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Agreement.

  3. Counselor Account and Responsibilities.

    1. The Counselor agrees, confirms, and acknowledges that he/she is responsible for maintaining the confidentiality of his/her password and any other security information related to his/her account (collectively "Account Access"). KinYooDee advises the Counselor to change his/her password frequently and to take extra care in safeguarding his/her password

    2. The Counselor agrees to notify KinYooDee immediately of any unauthorized use of his/her Account Access or any other concern for breach of his/her account security.

    3. The Counselor agrees, confirms, and acknowledges that KinYooDee will not be liable for any loss or damage incurred as a result of someone else using his/her account, either with or without his/her consent and/or knowledge. Further, the Counselor agrees that he/she is solely and fully liable and responsible for all activities that are made by using his/her Account Access. The Counselor further acknowledges and agrees that KinYooDee will hold him/her liable and responsible for any damage or loss incurred as a result of the use of his/her Account Access by any person whether authorized by the Counselor or not, and the Counselor agrees to indemnify KinYooDee for any such damage or loss.

    4. The Counselor agrees and commits not to use the account or Account Access of any other person for any reason

    5. The Counselor attests that his/her use of the Platform are made directly by the Counselor and that he/she is not using the Platform for or on behalf of any other person or organization.

    6. The Counselor agrees and commits not to interfere with or disrupt or attempt to interfere with or disrupt any of KinYooDee’s systems, services, servers, networks, or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

    7. The Counselor will indemnify, defend, and hold KinYooDee 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: (a) his/her access to or use of the Platform; (b) any actions made with his/her account or Account Access whether by the Counselor or by someone else; (c) the Counselor’s violation of any of the provisions of this Agreement; (d) the Counselor violation of any third party rights, including, without limitation, any intellectual property rights, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

  4. KinYooDee’s Ability to Conduct Quality Assurance Reviews

    Upon the consent of Users, a very limited number of licensed clinical professionals at KinYooDee have the discretion to review the Counselor’s correspondence or exchanges with Users for the purpose of:

    1. administering and/or monitoring the Platform;

    2. verifying and/or reviewing the truthfulness or accuracy of the details in the Counselor’s personal profile, credentials, qualifications, or any of his/her transmissions; and/or

    3. monitoring activity between Counselors and clients in the event that an investigation or legal proceeding requires monitoring.

    For the avoidance of doubt, members of our Counselor Onboarding and Recruitment teams also have the ability to verify and/or review the truthfulness or accuracy of the details regarding the Counselor’s experience, credentials and qualifications.

    KinYooDee also has the discretion to remove or refuse to transmit any content uploaded by the Counselor that KinYooDee deems inappropriate or in conflict with the KinYooDee’s values, vision, and goals. KinYooDee reserves the right to remove any content for any reason at its sole discretion.

Last Updated: October 05, 2022