Nutzungsbedingungen

der

Insta Communications GmbH
Münzgrabenstrasse 92/4, 8010 Graz, AUSTRIA
Company No. 438999m, commercial court of registration: LG für ZRS Graz

for use of the
Instahelp Platform (instahelp.me)

Status: [02 / 2021]

1. Contractual Object, Scope of these Terms of Use

1.1 Insta Communications GmbH, Münzgrabenstrasse 92/4, A-8010 Graz (Austria) (hereinafter termed “Instahelp”) offers services (hereinafter “Services”). These Services are delivered online via the “Instahelp” platform (hereinafter “Platform”) at https://instahelp.me, using a corresponding software application as and when necessary. The Services comprise, amongst other aspects, (i) paid mediation of contact between counselling users of the Platform (hereinafter “Counsellors”) and Platform users seeking counselling (hereinafter “Customers”), (ii) provision of appropriate communication channels for Counsellors and Customers with a view to digital utilisation of supportive counselling services (such as psychological counselling services or coaching) and, to the extent legally permissible, psychological therapy/treatment, and (iii) provision of online content (e.g. meditation, relaxation techniques, worksheets).
1.2 To use Instahelp Services, it is necessary to register and order at https://instahelp.me. An order is a Customer bid to Instahelp to conclude a contract. Following registration and ordering, confirmation of registration and conclusion of contract will be in the form of a confirmatory email sent to the email address given by the Customer. Only upon confirmation of the included activation link is the process of registration complete. Only when Instahelp confirms (acceptance of the Customer’s bid) does a contractual relationship arise between Instahelp and the Customer.

This contractual relationship complies with the provisions of these Terms of Use.
1.3 Counsellors and Customers take up contact via an individual user interface with a selection of Counsellors managed by Instahelp in its Partner Network. Digital online counselling sessions can be conducted with these Counsellors.

Counselling by Counsellors on the Platform is always subject to charge. Payment is either directly by Customers’ means of payment or by means of a code provided to Customers by Instahelp cooperation partners (see section 8 below). Counselling sessions may only take place following conclusion of the contract in accordance with section 1.2. Counsellors and Customers each have their own user interface for communicating. There is a detailed presentation and explanation of the Services on the Instahelp website.
1.3 Instahelp is purely a mediator of contact and provider of digital communication channels (Access Service Provider) and, as such, ensures the technical availability of the Platform. Instahelp has no knowledge of the content of counselling sessions.
1.4 The counselling contract falls within the relationship between a Counsellor and Customer, and counselling services are delivered exclusively and solely within the relationship between Counsellor and Customer. Rights and obligations as well as claims arising from counselling and information exchanged in its course therefore exist exclusively between Counsellor and Customer.
1.5 Information given by Counsellors in the context of psychological counselling via the Platform is not suitable or intended to replace therapy/treatment for mental illness. In case of such need, we recommend that users consult a doctor or appropriate specialist counsellor.

This does not apply in the event that therapy/treatment has been explicitly agreed between Customers and Counsellors by Counsellors using the Platform, to the extent legally permissible.

2. Alteration of Terms of Use and Services

2.1 Our Services are under continued further development. It is therefore possible that the Services will change in their scope and/or functionality. The valid Terms of Use as currently amended can be accessed at any time on the website at https://instahelp.me/en/gtc/.

In the event that Instahelp alters and/or amends the Terms of Use, in particular if the Services are extended or changes in the law require this, the following applies:
2.2 In each such case, Customers’ attention will be drawn to alterations and/or amendments by means of a corresponding notice of change sent to the email address given by those Customers for correspondence purposes and/or displayed upon logging into the website.

Acceptance of the alterations and/or amendments counts as given if the Customer does not object to those changes in writing (by email) within 6 weeks of receipt of the notice of change. Instahelp will inform Customers of the consequences of failure to object in the notice of change.
2.3 In the event that a Customer objects to the notified alterations and/or amendments according to section 2.2, the contract shall be terminated after the minimum period of notice. Customers can subsequently delete their User Account.

3. User Account and Use of Services

3.1 All registered users receive their own User Account valid indefinitely.
3.2 In the course of registering on the Platform it is necessary to input an individual, freely selectable user name (fantasy name, pseudonym etc.) and password freely selectable subject to our password guidelines. User Accounts and all associated content must not be transferred to third parties. The user name and password are to be treated as strictly confidential and must not be made available to third parties. If a Customer suspects that the password has become known to a third party, they must inform Instahelp immediately so that the password can be blocked or changed. In the event of misuse, the Customer is liable to the extent corresponding with the diligence they have demonstrated.
3.3 Particularly for the purpose of all correspondence between themselves and Instahelp, the user must supply a valid email address and consents to the receipt of legally relevant messages at this email address. Through registering, setting up a User Account and making use of the Services, the user declares their consent to the collection, processing and use of their personal data in line with Instahelp’s data protection regulations. Precise information about data processing is available in Instahelp’s Data Protection Declaration (available on https://instahelp.me/en/privacy/).
3.4 In the event that, to the extent permitted by law, service of therapy/treatment is agreed between a Customer and Counsellor, complete and correct data must be given (name, address, date of birth, etc.). If the user’s personal data change, this must be declared by the user immediately.
3.5 Through registering, setting up a User Account and making use of the Services, the Customer confirms their legal capacity is sufficient for them to make use of the Services in compliance with the agreement and in accordance with the applicable legal provisions. Persons aged under 16 may only use the Services if, when setting up their User Account, consent has been declared by a parent / legal guardian.
3.6 Customers can give assessments of Counsellors. They are forbidden to give false assessments.
3.7 In the event that, in the course of counselling, a Counsellor forms the view that
– there is a need for deeper personal counselling or treatment of the Customer, for which the Platform is not suitable, or
– counselling of the Customer is unproductive (e.g. insulting behaviour towards the Counsellor)
they will immediately inform Instahelp of these circumstances (a “Counsellor Notification”). The Counsellor Notification takes place in anonymised form, using a discrete user identification number (User-ID). In such a case, continued use of the Services by the relevant Customer is either not possible or, in consultation with the assigned Counsellor, only possible to a limited extent.
3.8 There is no entitlement to counselling by a specific Counsellor.
3.9 A Customer can delete their User Account at any time.

4. Instahelp Services / Instahelp Encryption

4.1 Instahelp Services comprise, amongst other aspects, (i) paid mediation of contact between Counsellors and Customers, provision of appropriate communication channels for Counsellors and Customers with a view to digital utilisation of supportive counselling services (such as psychological counselling services or coaching) and, to the extent legally permissible, psychological therapy/treatment, and (iii) provision of online content (e.g. meditation, relaxation techniques, worksheets).
4.2 These Services can be utilised in Great Britain, Austria, Germany, Switzerland and France. Use can be made of therapy/treatment in Austria and Germany, to the extent legally permissible.
4.3 Instahelp attaches the greatest importance to the confidential handling of user data. All direct communication between a Customer and a Counsellor is encrypted, with the result that, as the Platform operator, Instahelp has no unauthorised access to the corresponding communication content (e.g. conversations, chats). This obligatory confidentiality is ensured by an encryption system, (hereinafter “Instahelp Encryption”). By means of Instahelp Encryption, Counsellors and Customers are each assigned individual (access) codes / keys (their “User Key”) during initial registration on the Platform. All direct communication between Customers and their Counsellors then takes place exclusively via Instahelp Encryption, allowing confidential communication to be ensured. There is more information about the use and processing of data in the Data Protection Declaration (available on https://instahelp.me/en/privacy/). Disclosure of a User Key and its use by Instahelp always requires the agreement of the Customer. Only in cases of acute danger to themselves or others or claims made by Instahelp against Customers (e.g. for non-payment of Services) can Instahelp request the release of a User Key for the purpose of Customer identification, following consultation with the Instahelp Advisory Board. In such a case, the Instahelp Advisory Board must document the necessity and purpose of the disclosure and notify the affected user of these grounds. The Instahelp Advisory Board consists of people experienced in the area of psychology and psychiatry. It ensures the quality of Services and promotes the continued scientific development of Instahelp. There is more information about the Instahelp Advisory Board on the website, www.instahelp.me.

5. Rights to Content / Liability for Content

5.1 The term “content” covers all information and data as well as media, such as videos, music, sounds, text, photos, images, graphics, drawings, software, hyperlinks etc., made available to Customers (via Instahelp (“Instahelp content”) or by Counsellors (“Counsellor content”) on the Platform, or that Customers themselves upload to the Platform (“Customer content”).
5.2 Rights to content made available to Customers (including the design and layout and program code of the website and Services), reside solely with Instahelp, the Counsellors or those third parties who have licensed the content to Instahelp. Instahelp grants the registered Customer the limited, non-exclusive, non-transferable and non-sublicensable right to use the supplied content exclusively in the context of the Services and for private purposes. The Customer is not entitled to use the supplied content for other purposes beyond the scope of provisions for private use.
5.3 Instahelp does not warrant that Counsellor content is correct, up-to-date, free of errors, compliant with all applicable legal provisions and/or free of third-party rights.

Instahelp’s warranty and liability for damages in connection with Counsellor content is thus excluded to the extent permitted by law.

6. Disclaimer of Warranty and Liability

6.1 Instahelp assumes liability on behalf of itself or its agents solely for damages arising from gross negligence or intent; in such cases, liability is in accordance with the applicable legal provisions. Liability is excluded for damages resulting from slight negligence, along with consequential losses, missed earnings, loss of data or other indirect or incidental damages.
6.2 The limitations on liability stipulated in this section 6 apply to both contractual and non-contractual claims. Liability resulting from mandatory legal provisions (e.g. personal injuries) remains unaffected.
6.3 In the context of the Services, hyperlinks to third-party websites may be included. A User who accesses third-party websites is personally responsible for so doing. Such websites are not subject to Instahelp control and the User hereby accepts that Instahelp is not responsible for the content, functionality, information, accuracy, legality or other aspects of such external websites. The inclusion of such hyperlinks in no way indicates that Instahelp supports the corresponding websites or has any form of connection with their operators. Instahelp assumes no liability for damages or losses the User may suffer through, or in connection with, the use of such hyperlinks or the external websites accessed via these hyperlinks.
6.4 Instahelp cannot warrant that access to the Platform will be possible at all times without interruption or error-free. Instahelp assumes no liability for brief interruptions, alterations or termination of Services or particular functionalities. Instahelp assumes no liability for disruptions or interference falling outside the Instahelp sphere. Users are therefore responsible for regularly updating the software they use, regularly backing up data, having up-to-date anti-virus and effective firewall protection.
6.5 The counselling contract falls within the relationship between a Counsellor and Customer, and counselling services are delivered exclusively and solely within the relationship between Counsellor and Customer (see section 1.4 above). Any liability on the part of Instahelp for any claims arising from the contract concluded between a Counsellor and Customer is excluded.
6.6 No warranty is assumed for quality defects or connection failures, the causes of which lie outside Instahelp’s field of technical influence and for the occurrence of which Instahelp is not responsible.

7. Technical Prerequisites

7.1 Use of the Services necessitates Internet access and an appropriate, up-to-date device, including a browser, possessing the technical capacity for graphical display of the Platform. Using the Services gives rise to substantial data flow, which may incur costs, particularly during mobile use. Customers themselves must carry the costs of Internet data traffic arising from use of the Services.
7.2 The User acknowledges that, given the technical realities of the Internet, there can never be complete protection from viruses, Trojans, spyware etc. Therefore Instahelp also cannot warrant such protection.

8. Charges, Payment Terms

8.1 Instahelp’s Services are chargeable. Customers pay either by normal means (credit card, PayPal, instant transfer etc.) or by means of a code provided, for example, by Instahelp cooperation partners.

The precise details of payment and actual contractual model are finalised at the conclusion of the contract on the website. In the course of registering on the Platform, Customers expressly declare their agreement to the Service charge, underlying price model and payment terms of Instahelp, all available for inspection at https://instahelp.me/en/prices/. Payment takes place via an external payment provider.
8.2 Provided that no special payment conditions have been agreed, payment claims are payable within 14 calendar days of the Customer’s receipt of the electronic order confirmation. The amount billed must be credited at the latest by the due date at the relevant payment recipient. In the event of delayed payment by the User, provided that greater costs have not arisen, Instahelp will charge statutory default interest starting on the 15th day after the date of the bill. Reminder, information and other costs associated with enforcement of the claim are carried by the Customer. Use of the Services is excluded for the duration of default of payment.
8.3 Payment by the Customer takes place via a payment provider who passes the paying User’s data solely to Instahelp.
8.4 Acceptable means of payment are credit card, online payment systems (e.g. PayPal, online banking) and instant transfer.
8.5 Customers can only offset receivables from Instahelp to the extent accepted by Instahelp or legally adjudicated.

9. Duration and Termination of Contract

9.1. The contract is concluded for an indefinite duration.
9.2. Customers have the right to terminate the contractual relationship at any time and free of any notice period.
9.3. Instahelp has the right to terminate the contractual relationship subject to a notice period of two months. Instahelp is also entitled to terminate the contractual relationship with immediate effect for an important reason. Particularly applicable as an important reason is a violation of these Terms of Use.

10. Other

10.1 Alterations and/or amendments to these Terms of Use must be in written form. This also applies to any renouncement of the written form requirement. Email is a valid written form; messages from Instahelp to Customers go to the email addresses declared by Customers during registration or in the course of updating their User Accounts.
10.2 Austrian law applies exclusively. Exclusive jurisdiction is, to the extent legally permissible, the relevant locally competent court in Graz. The contract language is German and only the German version of the Conditions of Use is legally binding.
10.3 For any legal action relating to the Austrian Consumer Protection Act (KSchG) and taken against Users whose residence or usual abode is in Austria or are employed in Austria, the place of jurisdiction shall be that in the district where the User is resident or has their usual abode or is employed.

11. Complaint Management

Customer satisfaction has priority at Instahelp. Should Customers be dissatisfied with the Services for whatever reason, they can contact support@instahelp.me at any time. Staff there will respond promptly to Customers with a view to finding a solution.