Terms of use

1. General Provisions

1.1. This User Agreement (hereinafter referred to as the Agreement) applies to the website www.mihailova.eu, as well as to all relevant subdomains.

1.2. This Agreement governs the relationship between the Administration of www.mihailova.eu (hereinafter referred to as the Site Administration) and the User of this Site.

1.3. The site administration reserves the right to change the terms of this Agreement at any time without notifying the User.

1.4. The User is personally responsible for checking this Agreement for changes in it.

1.5. Continued use of the Site by the User, including viewing it, searching for information, using services (hereinafter referred to as the use of the Site), means acceptance of the Agreement and the changes made to this Agreement. In case of disagreement with the terms of this Agreement, the User is obliged to immediately stop using the Site.

2. Definition of terms

The following terms have the following meanings for the purposes of this Agreement:

2.1. Service - a specialized online platform located on the domain name www.mihailova.eu, operating through the Site and related services, allowing the User to interact with other users, as well as conduct Online consultations between the Psychologist and the Client.

2.2. Site (site on the Internet) - a set of programs for electronic computers and other information contained in the information system, access to which is provided through the information and telecommunication network Internet (hereinafter referred to as the Internet) by domain names and / or network addresses that allow identify sites on the Internet. Within the framework of this Agreement, the "Site" has the following meaning: www.mihailova.eu

2.3. Site User (hereinafter referred to as the User) is any person who intends to use and / or uses the www.mihailova.eu website, including Clients, Psychologists.

2.4. Website Client (hereinafter referred to as the Client) is an individual with full legal capacity and capacity, who has reached the age of 18, who has contacted the Psychologist through the Service, and has expressed a desire to use the services of the Psychologist and / or the Service.

2.5. Site Psychologist (hereinafter referred to as the Psychologist) is an individual with full legal capacity, over 18 years of age, with higher education and / or retraining in the field of psychology, providing assistance and advising Clients on various issues through the Service, without issuing medical prescriptions, and also instructed the Site Administration, within the framework of a separately concluded agreement, to organize the search and attraction of potential customers.

2.6. Website Online Consultation (hereinafter - Online Consultation) - an online consultation on the Service, in which the Psychologist and the Client are participants, is carried out through built-in voice and / or video communication, in order to provide the Services by the Psychologist. An online consultation involves the Client receiving a one-time (introductory) online consultation, lasting no more than 60 (sixty) minutes, a package of online consultations of various sizes, the duration of each online consultation is set by the Psychologist independently, but cannot be less than 50 (fifty) minutes.

3. Subject of the agreement

3.1. The subject of this Agreement is to provide the User with access to the functionality of the Service for the interaction between the Psychologist and the Client, as well as conducting Online consultations with the Psychologist on the issue of individual psychological work with the Client (hereinafter referred to as the Services).

3.2. Service Content:

3.2.1. Services provided by the Service:

3.2.1.1. Recommendation to the Client of the most suitable Psychologist for resolving issues based on the results of the initial analysis of the psychological state of the Client during the introductory Online consultation.

3.2.1.2. Providing the User with unlimited access to the Personal Account, maintaining a schedule for recording online consultations, other types of services (services) implemented on the pages of the Service.

3.2.1.3. Providing the technical possibility of conducting online consultations.

3.2.2. Services provided by the Psychologist:

3.2.2.1. Conducting an initial analysis of the psychological state of the Client during the introductory online consultation;

3.2.2.2. Conducting online consultations with the Client on issues of individual psychological work, taking into account the observance of the structure of the process, the intensity of work;

3.2.2.3. Individual research as part of subsequent Online consultations in order to formulate hypotheses, new thinking strategies to achieve the goals set by the Client; psychological support and / or support of the Client; correction.

3.2.2.4. Development of recommendations for the Client, applicable at the end of the Online Consultation course.

3.2.3. All currently existing (actually functioning) services (services) of the site, as well as any of their subsequent modifications and additional services (services) of the site that appear in the future, fall under this Agreement.

3.3. Neither the Service, represented by the Site Administration, nor the Psychologist provide medical services, issue any certificates or prescriptions, or prescribe medications. The site administration and the Psychologist are not engaged in medical or any other medical practice.

3.4. The Client is fully aware that the Service under no circumstances can and is not responsible for the result of the Online consultations.

3.5. The Client is fully aware that the Site Administration may at any time refuse to provide the Services, in case of violation by the Client of the terms of this Agreement, as well as in any other cases, including without explanation.

3.6. To use the Service, the User must provide the following equipment:

desktop/laptop or tablet/phone equipped with camera, speakers, microphone;

an installed Internet browser (one of: Google Chrome, Safari, etc.) of the latest stable user version with auto-update enabled;

a stable Internet channel with an incoming and outgoing speed of at least 5 megabits per second in each direction.

3.7. The site administration is not responsible for the impossibility or low-quality provision of services due to the Client's lack of the necessary software or technical problems with the Internet connection.

3.8. In the event that the Client misses the Online Consultation according to the schedule established with the Psychologist and notifies the postponement of the Online Consultation less than 24 hours before the appointed time, the funds paid are not refundable to the Client.

3.9. If the Online Consultation did not take place due to the fault of the Psychologist and / or the Psychologist notified the Client about the cancellation or postponement of the Online Consultation less than 24 hours in advance, then, at the Client’s discretion, the amount paid for the Online Consultation, or is subject to return to the Client, or counted towards the payment for the next Online Consultation.

3.10. If the Client is late for the scheduled Online consultation, the time of the Online consultation is not extended, if the Psychologist is late for the Online consultation, the time of the Online consultation is extended by the period of the Psychologist's delay.

3.11. A feature of the fulfillment of contractual obligations is the absence of a guaranteed result, since the beneficial effect depends not only on the professionalism of the Psychologist, but also on the personal qualities of the Client.

3.12. Psychologists conclude an additional Offer with the Service represented by the Site Administration on the terms of cooperation before the first Online Consultation with the Client.

3.13. This Agreement is a public offer. The User's accession to this Agreement is any action of the User to use the Service, including the first opening of any page of the Site in a browser on any device of the User.

3.14. The use of materials and services of the Site is governed by the norms of the current legislation.

4. Rights and obligations of the Service

4.1. The service must:

4.1.1. To provide the Services in the terms agreed by the Parties in an appropriate manner in accordance with the terms of this Agreement.

4.1.2. Proceed to the provision of the Services immediately after the registration of the Client on the Service, the initial entry of personal data by the Client. The start date of the provision of the Services may be postponed for an appropriate period if the impossibility to start the provision of the Services is due to non-fulfillment/improper fulfillment by the Client of its obligations under the Agreement.

4.1.3. To provide Services during the period of time determined by the Parties when concluding this Agreement, the schedule for online consultations is agreed between the Client and the Psychologist in the Personal Account on the Site.

4.1.4. Provide the Client, if necessary, with clarifications on the use of the Service.

4.1.5. Online consultations and communication between the Client and the Psychologist through the Service take place privately. Online consultations are confidential and are not subject to disclosure to third parties, including employees of the Service. The site administration does not record Online Consultations, does not store records of Online Consultations and does not process them.

4.1.6. The Services are considered to be rendered properly and accepted by the Client, if within 1 (one) hour after the end of the provision of the Services (conducting an Online Consultation), the Site Administration has not received written motivated objections from the Client.

4.2. Service Rights:

4.2.1. Change the rules for using the Service, as well as change the content of this Site. The changes come into force from the moment the new version of the Agreement is published on the Site.

4.2.2. Independently determine the ways and methods of providing the Services without prior agreement with the Client.

4.2.3. Require the Client to provide information about its current state by entering data in the relevant section of the Personal Account, or, if necessary, upon request.

4.2.4. The site administration has the right to refuse to provide the Services and / or restrict access to the Service without sending the Client a corresponding notification in case the Client violates the terms of this agreement, as well as if the Client does not complete the corresponding section of the Personal Account or in other cases, including , Without explaning the reason.

5. Rights and obligations of the User

5.1. The user is obliged:

5.1.1. Provide, at the request of the Service, additional information that is directly related to the services provided by this Service. When concluding the Agreement, the User is obliged to register on the Service, gain access to the Personal Account, perform the initial filling in the relevant sections of the Personal Account, and take part in the introductory Online Consultation.

5.1.2. Respect the property and non-property rights of authors and other copyright holders when using the Service.

5.1.3. Do not distribute using the Service any confidential and protected by the legislation of Ukraine information about individuals or legal entities.

5.1.4. Avoid any actions that may violate the confidentiality of information protected by Estonian law.

5.1.5. Do not reproduce, copy, distribute, or use in any other way, for any purpose, the contents of the Service, except for personal use under this Agreement.

5.1.6. Do not carry out actions to place advertising information on the Service, as well as any illegal, defamatory, threatening messages or messages that are contrary to the law.

5.1.7. Do not agitate and incite the Psychologist to provide services directly to the Client without using the Service, do not post on the Service information that in any way discredits the Service and / or information that does not correspond to reality.

5.1.8. Do not use the Site services for the purpose of impersonating another person or a representative of an organization and / or community without sufficient rights.

5.1.9. Do not use the services of the Site for the purpose of incorrectly comparing the activities of other Users, as well as forming a negative attitude towards persons (not) using the services of the Site or condemning such persons.

5.1.10. Do not transfer the login and password from your Personal Account to any third parties, strive to ensure the secrecy of the specified login and password. In case of non-compliance with the specified condition (including cases of leakage of information about the login and password against the will of the Client), the Site Administration does not bear any responsibility for the provision of the Services to a person who has obtained the Client's login and password in any way, for the disclosure of the Client's confidential data and is not obliged to compensate for the Client's damage caused by such a breach.

5.1.11. Immediately notify the Site Administration of cases of loss or theft of the login and / or password from the Client's Personal Account.

5.1.12. Immediately notify the Site Administration and / or the Psychologist about the presence of suicidal thoughts and / or intentions, about attempts to attempt suicide, as well as about any other physical or mental conditions that differ from normal.

5.1.13. Follow the Online Consultation schedule posted in the Personal Account and agreed between the Parties, notify any change at least 24 hours before the appointed time of the Online Consultation.

5.1.14. Attend an Online Consultation of sound mind, do not smoke, do not drink alcohol during an Online Consultation, do not leave it earlier than the established time without a good reason, and also not conduct Online Consultations in a state of alcohol and/or drug intoxication or under the influence of drugs preparations, except for the cases when such preparations are prescribed by the Client's attending physician, of which the Client shall notify the Psychologist without fail; inform the Psychologist about changes in the following aspects of his life: work, education, relationships with parents, relatives, close friends, husband (wife), partners; inform the Psychologist about changes in his physical and psychological well-being.

5.2. User rights:

5.2.1. Require the Site Administration to fulfill obligations under this Agreement on time and with proper quality, unless otherwise provided by the terms of this Agreement.

5.2.2. Get access to the use of the Site.

5.2.3. Receive, if necessary, consultations of the Site Administration regarding the possibilities of the Service.

5.2.4. Use the Service solely for the purposes and in the manner provided for by the Agreement and not prohibited by Estonian law.

5.2.5. Submit for discussion within the Online Consultation any problem of interest to the Client.

5.2.6. Change the Psychologist by sending an appropriate request indicating the reason. In this case, the Site Administration has the right to decide to replace the Psychologist within three (3) working days from the date of receipt of the request.

5.2.7. Leave a review about Psychologist.

5.2.8. Refuse unilaterally from the Services and terminate the Agreement by sending an appropriate notice with a reasoned refusal to the electronic address www.mihailova.eu. In case of such refusal, the Agreement will be considered terminated from the day following the day of receipt of such notification by the Site Administration.

5.3. The user is prohibited from:

5.3.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or monitor the content of the Site.

5.3.2. Disrupt the proper functioning of the Site, including sending a large number of requests to the Site at the same time in order to disable the server.

5.3.3. In any way bypass the navigation structure of the Site to obtain or attempt to obtain any information, documents and / or materials by any means that are not specifically provided by the services of this Site.

5.3.4. Unauthorized access to the functions of the Service, any other systems or networks related to this Site, as well as to any services offered on the Site.

5.3.5. Violate the security and/or authentication system on the Service or any network related to the Site

5.3.6. Use the Service and its Content for any purpose prohibited by law, as well as incite any illegal activity or other activity that violates the rights of the Site or other persons.

5.3.7. Disclose confidential information and other data provided in connection with the execution of this Agreement, disclose and disclose such facts and / or information (with the exception of information of a public nature) to any third party without the prior written consent of the Site Administration.

6. Postponement, cancellation, omission, suspension of Online consultations.

6.1. Postponement or cancellation of Online consultations:

6.1.1. Transfer or cancellation of Online consultations by the User can be carried out no later than 24 (twenty-four) hours before the start of the Online consultation. Failure to comply with the specified period means that the User agrees to the proposed time of the Online Consultation, and in case of missing such an Online Consultation, the payment for the Online Consultation is not refundable due to the User's absence from the Online Consultation.

6.1.2. The number of possible postponements or cancellations of Online consultations depends on the intensity of the schedule of the User's Online consultations. The user has the right to:

rescheduling or canceling 1 (one) Online Consultation per month with an Online Consultation schedule of 1 (one) Online Consultation per week;

rescheduling or canceling two (2) Online Consultations per month while scheduling two (2) Online Consultations per week.

6.1.3. The Psychologist has the right to reschedule the Online Consultation (in case of illness and other valid reasons) by notifying the Client at least 24 hours in advance.

6.1.4. The introductory Online consultation is not subject to payment by the User, however, if it is canceled by the User, the Site Administration reserves the right to refuse the User to provide a repeated introductory Online consultation.

6.1.5. The Site Administration has the right to consider the Client's request to replace the Psychologist if the Psychologist, in the Client's opinion, transfers Online Consultations too often.

6.2. The site administration has the right to replace the Psychologist if there are good reasons (temporary disability, vacation, other circumstances). The Site Administration informs the Client about the replacement of the Psychologist by e-mail.

6.3. Skipping Online Consultations:

6.3.1. If at the time set for the Online Consultation the Client is not available for the Psychologist’s call, the Psychologist repeats attempts to contact the Client (at least three times within 15 (fifteen) minutes). At the same time, the start time of the Online Consultation is considered to be the start time of the Online Consultation set in the Online Consultation schedule. If it is not possible to contact the Client, the Online Consultation is considered completed and is paid in 100% amount.

6.3.1. If at the set time for the start of Online Consultations (plus 5 (five) minutes) the Client does not receive a call from the Psychologist, the Client is obliged to immediately contact the Site Administration by sending a corresponding application to the email address: www.mihailova.eu. Online consultations that did not take place due to the fault of the Psychologist are transferred in full to another time convenient for the Client.

6.4. Suspension of Online Consultations:

6.4.1. The Client has the right to suspend the provision of psychological counseling services while maintaining the reservation of the Online Consultation schedule, subject to the following conditions:

The duration of the break in the Online Consultations shall not exceed 21 (twenty one) calendar days;

At least 90 (ninety) calendar days have passed since the end date of the previous suspension;

The Client undertakes to inform the Site Administration of the exact date and time of: the last Online Consultation before the suspension, the first Online Consultation after the end of the suspension;

At the time of suspension (the day of the last Online Consultation before suspension), the Client must have paid at least 5 (five) Online Consultations for the future period.

6.4.2. If it is necessary to re-suspend Online Consultations, but 90 (ninety) calendar days have not yet passed from the end date of the previous suspension of Online Consultations, the Client may suspend the Online Consultation by notifying the Site Administration 24 hours before the next Online Consultation, if In this case, the schedule of Online consultations is not saved for the Client. When the Online Consultations are resumed, the Client and the Psychologist re-determine the schedule of the Online Consultations.

6.4.3. The site administration has the right to suspend the provision of services on its own initiative on official holidays in Estonia, having previously warned the Client about this by sending a message to the e-mail address specified during registration.

6.5. In the event of a change in the schedule of Online Consultations at the initiative of the Site Administration, the Client receives an email to the email address specified during registration.

6.6. In order to report a change in the schedule and / or number of Online Consultations, suspension of Online Consultations, change of a Psychologist, the Client must inform the Site Administration by sending a corresponding application to the Site Administration's email address: www.mihailova.eu

7. Use of the Service

7.1. The site is an information and analytical service designed to search for Psychologists for Clients and organize interaction between Users.

7.2. Information about Psychologists posted on the Site is obtained by the Site Administration directly from the Psychologists themselves. The site administration takes measures to verify this information and exclude false information, as well as information for the placement of which the consent of Psychologists has not been obtained.

7.3. The Site Administration takes all reasonable measures to verify the information provided by Psychologists for posting on the Site. At the same time, the Site Administration does not regularly check the specified information for relevance.

7.4. The User does not have the right to demand any changes to the services or data of the Site. The Site Administration is not responsible for the commercial suitability of the Site, does not guarantee that the Site meets the Users' special requirements or the ability to customize sections of the Site in accordance with the User's preferences, and does not guarantee that the Site software is completely free from defects and errors, and must function uninterruptedly and in mandatory.

7.5. The User has the right to use the Service solely for personal non-commercial purposes in accordance with the terms of the Agreement.

7.6. The use of the Site is carried out by the User solely at his own responsibility and at his own risk. The Site Administration does not guarantee the proper functioning of the Site and is not responsible for the harm caused to the User as a result of using the Site. The Site Administration is not responsible for the risk of adverse consequences that occur or may occur due to non-compliance of the equipment used by the Users, other software and / or communication channels with the established requirements for the protection of personal data from unauthorized (illegal) encroachment of third parties.

7.7. The Site Administration makes every reasonable effort to prevent failures and malfunctions of the Site, but does not guarantee its uninterrupted operation.

7.8. The site administration owns exclusive rights to the Service and its contents.

7.9. The User is not entitled to use the program code of the Service, any content of the Site (including, but not limited to: databases, text, design elements, graphics) without the prior written consent of the Site Administration (including reproduction, copy, processing, distribution in any form).

8. Financial conditions

8.1. The Client does not pay for using the Service, however, certain functions of the Service may be paid. Payment by the Client for such functions is made through the payment systems offered on the Service.

8.2. When using the service and / or its individual functions, as well as when paying for the Services offered on the Site, the User is considered to have accepted this Agreement in full, without any reservations or exceptions. If the User does not agree with any of the provisions of this Agreement, he is not entitled to use the Service.

8.3. The Client pays for the services of the Service on the terms of 100% prepayment. The Client is advised to pay for subsequent Online Consultations until the start of the Online Consultation following the last paid Online Consultation in order to maintain the Online Consultation schedule. If the Client fails to comply with the procedure for paying for Online consultations, the Site Administration has the right to cancel the schedule of the Client's Online consultations by reserving Online consultations on this schedule with another user.

8.4. The date of payment is the date of receipt of funds to the account of the Service or the accounts of third parties entitled to collect funds received in favor of the Service.

8.5. The site administration can unilaterally change the cost of services by posting information in the appropriate section on the Site. At the same time, the cost of online consultations previously paid by the Client is not subject to change.

8.6. In the event that the Client is provided with additional Online Consultations as a bonus or incentive, the Client is not entitled to claim monetary compensation for such Online Consultations if they are not held for any reason or if the Client refuses to receive such additional Online Consultations. In the event that such bonus Online Consultations are provided, these Online Consultations will take place after all Online Consultations paid by the Client have been completed.

8.7. The Client has the right to unilaterally refuse the Services and terminate the Agreement by sending an appropriate notice with a reasoned refusal to the email address: www.mihailova.eu. In the event of such a refusal, the Site Administration has the right to consider the issue of returning to the Client the funds previously paid by the Client in an amount equal to the amount of obligations unused by the Site Administration, with deducting the costs of bank transfers.

8.8. The term for the return of funds to the Client in connection with the termination of this User Agreement by agreement of the parties, or at the initiative of one of the parties, is 30 calendar days.

8.9. To return funds, the Client undertakes to fill out an application for a refund, sign the application and send a scanned copy of the application to the email address: www.mihailova.eu with a scanned copy of the first page of the passport or ID card of the Client.

8.10. The client is solely responsible for the correctness of payments made by him and the payment of taxes applicable to him.

8.11. The Client independently pays for the related services of third parties (including communication services, the Internet, etc.) necessary to receive the Services of the Service.

8.12. All rights and obligations arising in the course of settlements arise directly between the Payment System and the payer.

9. Warranties and liability

9.1. The service represented by the Site Administration does not provide medical services. Information about the health of the Client is accepted solely from the words of the Client, as well as by filling out the relevant sections of the Personal Account. The client is personally responsible for the accuracy of information about his health.

9.2. The Client understands that the Services are intended for people who do not have health problems (both psychological and physical) that threaten the life of the Client and/or other persons. The Client acknowledges and warrants that it will promptly notify the Psychologist of any changes in mental and physical condition.

9.3. The site administration is not responsible for the failure of the Client to achieve the expected results, or the discrepancy between the result obtained and the Client's expectations.

9.4. The Client’s dissatisfaction with the results of the Psychologist’s activities, the discrepancy between the result of psychotherapeutic assistance and his expectations is not a basis for holding the Site Administration or the Client liable for the inadequate quality of the services provided, since psychotherapeutic assistance does not have established standards for proper implementation.

9.5. The Client's personal data cannot be provided by the Site Administration to third parties without the consent of the Client.

9.6. If the Client violates the terms of this Agreement, the Site Administration has the right to unilaterally terminate the Agreement without sending a corresponding notice to the Client.

9.7. The responsibility of the Site Administration for any claims and / or claims related to the implementation of this Agreement cannot exceed the amounts actually paid to the Site Administration for the services provided in accordance with this Agreement or the actual damage caused by the Site Administration to the Client, depending on which of these amounts will be smaller. This restriction does not apply if otherwise provided by law.

9.8. Any losses that the User may incur in the event of intentional and / or careless violation of any provision of this Agreement, as well as due to unauthorized access to communications of another User, are not reimbursed by the Site Administration.

9.9. The User may be held liable for losses incurred through his fault, incurred by the Site Administration, by any other User, in connection with the use of confidential information of his account by a third party.

9.10. The site administration is not responsible for delays or failures in the process of performing an operation resulting from force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.

9.11. The Site Administration is not responsible for the proper functioning of the Site if the User does not have the necessary technical means to use it, and also does not bear any obligation to provide users with such means.

10. Electronic interaction

10.1. All User messages made using the Personal Account and / or using electronic mail addresses, including the provision of consents, are considered signed with a simple electronic signature and are equated to written documents equivalent to documents on paper, while printing is not required for such documents. .

11. Privacy, security and information collection

11.1. By providing his personal data when registering on the Service, the Client gives the Site Administration his consent to the processing and use of his personal data in various ways for the purposes specified in this Agreement.

11.2. The site administration uses the Client's personal data for the following purposes: registering the Client on the Service, receiving the Services by the Client, conducting Online consultations with a Psychologist and other purposes provided for in this Agreement. The Client is aware that the data left by him during registration will be posted on the Service and will be available to the Psychologist.

11.3. By providing his personal data to the Site Administration, the Client agrees to their processing by the Site Administration, including for the purpose of the Site Administration fulfilling its obligations to the Client under this Agreement, promoting the Services by the Site Administration, sending information and / or promotional materials, customer support, control the quality of the Services provided by the Site Administration.

11.4. Withdrawal of consent to the processing of personal data is carried out by the Client by withdrawing the acceptance of this Agreement (by sending a corresponding application to the e-mail address of the Site Administration: www.mihailova.eu

11.5. The site administration, when processing the Client's personal data, undertakes to take all measures provided for by the current legislation of Estonia to protect them from unauthorized access.

11.6. The site administration guarantees that the Client's personal data cannot be transferred to other persons.

11.7. The Site Administration has the right to use the industry-wide technology "JSON Web Tokens", which is a small piece of data sent by a web service and stored on the computer used by the Site Client, which allows the Site Administration to save the Client's personal settings and preferences. The site administration is not responsible for the information provided by the User on the Service in a public form.

12. Final provisions

12.1. The Agreement is a complete agreement between the Site Administration and the Client.

12.2. The Agreement comes into force from the moment the Client accepts this public offer and is valid until the Parties fully fulfill their obligations.

12.3. Issues not regulated by this Agreement shall be regulated in accordance with applicable law.

12.4. All disputes and disagreements arising from the Agreement and / or in connection with it are resolved through negotiations between the parties. If the parties do not come to an agreement, then the disputes are considered in the manner prescribed by the current legislation at the location of the Site Administration. Compliance with the claims procedure for resolving disputes is mandatory for the Parties, while the response to the claim should not exceed 14 (fourteen) calendar days from the date of its receipt.

12.5. Recognition by the court of any provision of this Agreement as invalid and / or unenforceable does not entail the invalidity and / or unenforceability of other provisions of the Agreement.