1. About Us

Oma Online Counseling Service (abbreviated as Oma) is one of the services provided by Oma Clinical Psychology Integrated Therapeutic Centre Limited which is a company registered in the Hong Kong Special Administration Region with company number 70971132 and our registered office is located in 9th Floor, New Hennessy Tower, 263 Hennessy Road, Wan Chai, Hong Kong. This website is owned and operated by Oma Clinical Psychology Integrated Therapeutic Centre Limited.

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2. Our agreement with you

2.1. The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform"). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website www.oma-onlinecounseling.com and its related apps.

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2.2. By agreeing to the Terms and conditions you acknowledge that Oma is NOT

suitable for individuals who fit in any one of the following categories:

1. You are in immediate risk of life-threatening self-harm behaviors

2. You are in an emergency situation

3. Children under the age of 13 years old

4. You do not have access to the internet

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2.3. By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

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3. Counseling Services

3.1. The Platform may be used to connect you with a counselor who will provide services to you through the Platform. On the Platform, you may choose to use the service of the Clinical Psychologist, Counseling Psychologist, Counselor, Life Coach, or any other available professionals.

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3.2. All professionals in this Platform hold valid relevant professional degrees, certifications, and/or membership with a professional board that qualifies them to practice psychotherapy, counseling or coaching and they have to be qualified and 

recognized by their respective professional board after completing the necessary education, examinations, training and practice requirements as applicable.

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3.3. The Counselors are independent providers who are neither our employees nor agents nor representatives. Our role is limited to providing the Platform, enabling you access to the Counseling Services. If you feel the Counseling Services provided by the Counselors do not fit your needs or expectations, you may change to different Counselors.

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3.4. Limit of our liability

a. Nothing in these terms of use removes or limits our liability for death or personal injury arising from our negligence, fraudulent action or statements, or any other liability that cannot be removed or limited.\

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b. To the extent allowed by law, we exclude all statements, promises, assurances guarantees and implied terms (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) that may apply to our site or any content on it and are not set out in the contract.

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c. We will not be liable to any user for any loss or damage, even if it could have been foreseen, arising in connection with you:

- using, or not being able to use, our site; or

- relying on any content on our site.

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d. If you are a business user, please note that we will not be liable for:

- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

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e. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

f. We will not be liable for any loss or damage caused by a virus, hacking or other technologically harmful event or material that may infect your computer equipment, computer programs or other material due to you using our site, downloading content from it, or following any links to other websites.

 

g. We are not responsible for the content of any websites linked to our site. We do not approve or endorse any linked websites and will not be liable for any loss or damage that may arise from you using them.

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h. Different limits of liability will apply to liability arising as a result of us providing any services to you. Those limits of liability will be set out in our terms and conditions of supply, which you can get a copy of by emailing us at info@oma- onlinecounseling.com

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4. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at

https://www.oma-onlinecounseling.com/privacy (The ‘Privacy Policy’).

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By Agreeing to this Agreement and/or by using the Platform, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of this Agreement. The same rules that apply regarding changes and revisions of this Agreement also apply to changes and revisions of the Privacy Policy.

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5. Third Party Content

The Platform may 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 which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

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6. Disclaimer of Warranty and Limitation of Liability

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Counselor Services or the Platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any counselor and/or any other content or information accessible through the Platform.

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You understand, agree and acknowledge that the Platform is 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. The use of the Platform is at your own risk. To the fullest extent o the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

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You understand, agree and acknowledge that we shall NOT be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

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You understand, agree and acknowledge that our 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 you or on your behalf through the Platform in the 12 months period prior to the date of the claim.

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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.

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This section (limitation of liability) shall survive the termination or expiration of this Agreement.

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7. Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete. 

 

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss. You agree and commit not to use the account or Account Access of any other person for any reason.

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You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our 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. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.

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If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. You will indemnify us, defend us, and hold us 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) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

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You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information. If you have any concerns about a bill or a payment, please contact us immediately by sending an email to info@oma-onlinecounseling.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.

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8. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we 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.

 

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

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9. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to info@oma- onlinecounseling.com.

 

10. Governing law

These terms of use, their subject matter and their formation, are governed by law of Hong Kong Special Administration Region. You agree that any legal dispute between you and us will only be settled in the courts of HKSAR.

 

11. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Hong Kong Special Administration Region, China.

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This Agreement constitutes the entire Agreement between you and us. You confirm that you have NOT relied upon any promises or representations by us except as set forth in this Agreement. We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

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We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

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