Conditions of use

of

Insta Communications GmbH
Münzgrabenstraße 92/4, 8010 Graz, Austria

for use of the
Instahelp platform (instahelp.me/uk/)

Status: [10 / 2017]

1. Contractual object, application of these terms of use

Through registration at Instahelp you confirm your perusal of and compliance with these terms of use, our data protection regulations and the ethical guidelines of Instahelp. Instahelp services are provided on the basis of these terms of use, our data protection regulations and the ethical guidelines, each available in their latest version.
1.1 Insta Communications GmbH, Münzgrabenstrasse 92/4, A-8010 Graz (Austria) (Instahelp) offers users with an interest (the Users; see section 1.8) specific services (the Services) on the “Instahelp” platform (the Platform) provided online at https://instahelp.me/uk/ or on a mobile basis, in all cases through the use of a corresponding software application. The Services consist of, amongst others, the (i) paid mediation of contact between counselling users of the Platform (the “Counsellors”) and users of the Platform who are seeking advice (the “Customers”) and (ii) the provision of appropriate communication routes for Users with a view to digital utilisation of supportive psychological counselling services. Mediation and provision of psychological treatment are not components of Services provided on the Platform. The Platform is available not only to Counsellors but also to corporate customers who wish to provide the Services to their staff, the latter being Customers as defined in these terms of use. Both Counsellors and corporate customers are defined as commercial users according to these terms of use.
1.2 Following a first establishment of contact (the “initial contact”) managed and administered by Instahelp, Customers seeking advice gain the opportunity to communicate with selected psychologists (Counsellors) managed through an Instahelp partner network, and thus to make use of (supplementary) digital online counselling via an individual and anonymous user interface. The free initial contact is used solely to establish the Customer’s basic problem and does not constitute psychological counselling. In this phase, Customers may already receive a non-binding recommendation of a Counsellor. Utilisation of a Counsellor’s services via the Platform is subject to charge and requires the User’s registration on the Platform. Both Counsellors and Customers are served by dedicated user interfaces for communication. There is a detailed presentation and explanation of the Services on the Instahelp website. Before utilisation of the Services, every Customer is personally responsible for informing themselves about the content of Instahelp services.
1.3 Any (psychological) counselling services will be provided exclusively through direct contact between Counsellors and Customers. Thus all rights and obligations along with claims arising from counselling and information provided in its course therefore also apply exclusively between Counsellors and Customers.
1.4 As a pure mediator of contact and provider of digital communication routes (Access Service Provider), Instahelp is responsible exclusively for the technical availability of the Platform and not for the correctness or quality of information provided by Counsellors. Instahelp has no knowledge of the scope or content of counselling provided or information provided by a Counsellor, nor does it check the correctness thereof. Customers are personally responsible for assessing Counsellors’ competence.
1.5 The Customer is hereby informed that information provided by a Counsellor via the Platform is neither suited to nor intended as a replacement for professional psychological support and/or treatment by an expert. It is emphasised that ensuring compliance with advice provided is generally not the responsibility of a Counsellor. Thus each Customer acts on their own responsibility.
Note
All of the Services provided via the Platform (online psychological counselling) do not constitute medical or psychological counselling and/or treatment in person and can neither completely nor partially replace such services. In particular, User registration on the Platform is not suitable as a replacement for visiting a doctor or psychologist. Every User is therefore urgently recommended to consult a doctor or appropriately specialised counsellor in person in case of need.
1.6 Use of the Services is subject exclusively to these terms of use whilst taking into account the ethical guidelines of Instahelp, each in their version current at the time of use and made available on the Instahelp website, as well as the data protection regulations supplementary to the terms of use, which can also be obtained from the Instahelp website.
1.7 For use of the Services, no other terms of use or other commercial conditions apply; any such are hereby expressly rejected.
1.8 These terms of use apply equally to female and male Users, notwithstanding the use of the masculine form for the sake of ease of legibility.
1.9 These terms of use form part of the agreement concluded between Instahelp and the User regarding use of the Services. Users include both Counsellors and Customers.
1.10 The User accepts the terms of use through the act of registering on the Platform and/or using the Services. These terms of use are equally valid for use of the Services for private or commercial purposes.

2. Alteration of the terms of use and Services

We can alter or amend the terms of use at any time; it is always the version current at the time of use that applies and to which we direct you. By continuing with use following such direction, you agree to the then-current version with corresponding alterations and/or amendments.
2.1 Instahelp is entitled to alter and/or amend these terms of use at any time with future effect, particularly when the Services are extended or changes in the law so require. The current version of the terms of use is always available on the website at https://instahelp.me/uk/gtc abrufbar.
2.2 The User will be notified of such alterations and/or amendments by a corresponding notification of change sent to the email address provided by the User for correspondence purposes and/or upon logging onto the website. Agreement to the alterations and/or amendments is effective if the User does not express an objection in writing (by email) within 6 weeks of receipt of the notification of change. Instahelp will inform the User of the consequences of failure to object in the notification of change. In any event, the User implicitly agrees to the notified alterations and/or amendments by continuing to use the Services after receiving the notification of change.
2.3 If the User objects to the notified alterations and/or amendments in accordance with section 2.2, no further use of the Services is possible. The User then has the option to delete his User Account. Our Services are subject to continuous development. It is therefore possible for the scope and functionality of the Services to change. However, we also reserve the right to cancel the Services.
2.4 Instahelp reserves the right to change, revise or cancel Services and any associated performance characteristics, functions or services (including the designs and layout of the website) without prior notice, whether temporarily or permanently.
2.5 The User has no entitlement to any specific scope of functionality of Services; Instahelp is therefore not obligated to make specific services or content available and is always entitled to remove services or content from the Platform. Decisions on this lie exclusively with Instahelp.
2.6 Instahelp is not liable for interruptions or alterations to, or termination of Services or of specific functionality. Instahelp is not obligated permanently to offer or further develop the Services.

3. Registration, User Account and use of Services

To use the Services you must register. If you want to use our Services for commercial purposes, you must also create a User Account for Counsellors. Use of our Services is not permitted for those under the age of 16. In the event of use conflicting with the agreement or the law, we can block the User Account.
3.1 Use of the Services is only possible following prior registration on the Platform and agreement to the valid versions of these terms of use, the ethical guidelines and data protection regulations of Instahelp. Each registered User receives their own User Account for an indefinite period. A User is only allowed to register one User Account. Multiple registrations are not permitted.
3.2 In the course of registration on the Platform it is necessary to enter an individual, arbitrary user name (fantasy name, pseudonym etc.) along with an arbitrary password. To avoid misuse, the User cannot transfer his User account and all associated content to a third party. The user name and password are to be kept strictly secret and it is not permissible for them to be made accessible to third parties. If the User suspects that his password has become known to a third party, he must let Instahelp know immediately so that the password can be blocked or changed. In the event of misuse, the User is liable in accordance with the degree of care he has taken.
3.3 During registration, accurate and complete details must be given. If the User’s personal data change, the User must update these data without delay. In particular, the User must give a valid email address for all correspondence between him and Instahelp and agrees to receive legally relevant messages at this email address. Through registration, creation of a User Account and use of the Services, the User declares his agreement to the surveying, processing and use of his personal data in accordance with the data protection regulations of Instahelp.
3.4 The Services may be used by private individuals for private purposes or by individuals and/or legal entities, primarily Counsellors and corporate Customers for commercial purposes in accordance with section 1.1. For commercial use, in addition to these terms of use, special provisions apply, which are agreed between Instahelp and the relevant Users (Counsellors / corporate Customers). For this, each User must declare during registration whether their use of the Platform/Services will be for private or commercial purposes. Use of a private User Account for commercial purposes is just as impermissible as the use of one User Account by different Users or the multiple use of a company code assigned exclusively to one corporate Customer.
3.5 Through registration, the creation of a User Account and use of the Services, the User confirms that he has sufficient legal capacity to make use of the Services in compliance with the agreement in accordance with the provisions of the relevant laws. Persons aged under 16 are not permitted to use the Services under any circumstances. The User undertakes neither to facilitate access to the Services for persons aged under 16 nor to aid their access to the Services.
3.6 Following contact, a Customer can assess the Counsellor. Here they are forbidden (i) to assess themselves by using a different / false member name or by posing as a third party / invented person, (ii) to deliberately submit a negative assessment of a Counsellor or (iii) to give a negative rating of an offer because the Counsellor did not want to perform a service.
3.7 Users are not permitted to use the Service of Instahelp for advertising purposes or to conclude contracts between themselves. Users are also not permitted to advertise similar services or entice Customers seeking advice or Counsellors to other value-added services via the Platform. If, as a result of his online psychological counselling of a Customer, a Counsellor forms the view that there is a need for continued counselling or treatment of that particular Customer in person, for which the Platform is not suitable, he must immediately inform Instahelp of this situation (the “counsellor notification”). A counsellor notification must also be in anonymised form, using an unidentifiable User Identification number (User ID). Any creation of an independent business relationship between the Counsellor and a Customer is conditional on a counsellor notification and the express agreement of Instahelp. In the event of a first culpable violation of the obligations laid out in this section 3.7, a User is obligated to pay Instahelp a fixed sum in compensation of EUR 500 and, in the event of a second culpable violation, a fixed sum in compensation of EUR 1000. The User expressly reserves the right to a lower payment whilst Instahelp expressly reserves the right to a higher payment.
3.8 In the event of a counsellor notification in accordance with section 3.7, continued use of the Services by the relevant Customer is either not possible or, through agreement with the assigned Counsellor, possible only to a limited extent. In the event of violation of such a (temporary) limitation of use, Instahelp reserves the right to delete or temporarily deactivate the relevant User Account. User liability for his User content in accordance with section 5, and the deletion of a User Account as a consequence of non-compliance with mandatory User obligations in accordance with section 5.4 and section 5.5, are entirely unaffected by this.
3.9 The User undertakes to use the Services exclusively in accordance with these terms of use and in compliance with the applicable legal provisions. Moreover, the User undertakes to use the Service exclusively within Austria. Instahelp reserves the right to block and/or delete a User Account at its own discretion if that User uses the Services in a manner contrary to these terms of use or contrary to the applicable legal provisions.
3.10 The User can delete his User Account at any time. Following deletion of the User Account by the User or by Instahelp, or if the User removes “general user content” as defined in section 5.1 from the Platform, Instahelp may store and archive the relevant user content for a commercially appropriate period. Instahelp is entitled to store and continue to use, save, present, reproduce, edit and make available this user content, to the extent that it has been stored or shared by other Customers. Sensitive User Content as defined in section 5.1 will be made available exclusively to the Counsellor and the Customer and is visible neither to other Users nor to Instahelp. Moreover, Instahelp has no rights to exploit or use such Sensitive User Content. However, to the extent permitted and anticipated by law (e.g. provision of data to national authorities etc.), Instahelp reserves the right to store and archive Sensitive User Content for an appropriate period.

4. Services of Instahelp

We make available to registered Users of the Platform a portal on the basis of which contact between Counsellors and Customers can be managed. This mediation service is subject to charge.
4.1 The primary object of the Services of Instahelp is the provision of a mediation platform, primarily for the mediation of contact between Counsellors and Customers using a variety of communication routes. A demand to use the Platform can be rejected by Instahelp given important grounds.
4.2 Visiting the Platform, information about the Services of Instahelp and the initial contact following Customer registration are free of charge, whilst utilisation of the Services on the Platform is subject to charge.
4.3 No warranty is assumed for defective quality or connection failures, the causes of which lie outside the range of technical influence of Instahelp and the occurrence of which is not attributable to Instahelp.
4.4 Instahelp attaches the greatest importance to the confidential treatment of user data. For this reason, the entire spectrum of services of Instahelp is provided on an anonymised basis. All direct communication between a Customer and an assigned Counsellor is encrypted, with the result that Instahelp – as operator of the Platform – has no unauthorised access to the corresponding communication content. This obligatory confidentiality is ensured by an encryption system (“Instahelp Encryption”) on the basis of which each User (both Counsellors and Customers) is assigned an individual (access) code / key (the “User Key”) during the process of registration on the Platform. All direct communication between Customers and their Counsellors then takes place using this bilateral encryption mechanism, through which it is possible to ensure anonymous communication and, above all, the confidential exchange of Sensitive User Content as defined in section 5.1.

Disclosure of a User Key and its use by Instahelp always requires the agreement of the Customer. Only in specific cases (e.g. use of the User Account in violation of its purpose, the law or the contract) can Instahelp demand the disclosure of a User Key, either itself or through an advisory board (“Instahelp Advisory Board”) convened either for this purpose or some other matter relevant to the proper provision of the Platform. In such a case, the Instahelp Advisory Board must document and present to the relevant User the need for and purpose of disclosure.

5. Rights to and liability for content

For content we make available, you receive a limited licence for the purpose of using the Services. For proposed content that you upload to the Instahelp Platform, you guarantee us a non-exclusive licence that allows us to use your user content on the Platform and make it available to other Users. You are responsible for the accuracy and legality of content you upload. We check user content before publishing it and reserve the right to reject it.
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 the User on the Platform (via Instahelp or via other Users) or which the User himself makes available on the Platform. Everything that the User makes available via “Upload” in this context is termed “general user content”, whilst user content shared exclusively in the context of psychological counselling, and therefore intended solely for the Counsellor, is termed “Sensitive User Content”. General and Sensitive User Content may also be collectively termed “user content”.
5.2 The rights to content made available to the User (including the design and layout and program code of the website and Services), lie solely with Instahelp, other Users or third parties who have licensed the content to Instahelp. Instahelp grants the registered User the limited, non-exclusive, non-transferable and non-sub-licensable right to use the supplied content exclusively in the context of the Services and for private purposes. The User is not entitled to use the supplied content for other purposes beyond the scope of provisions for private use.
5.3 Instahelp endeavours to make careful checks of general user content before releasing it for publication, but cannot assume liability for its accuracy, currency, freedom from errors, compliance with all applicable legal provisions and/or freedom from third party rights. Thus the warranty and liability of Instahelp for damages in connection with user content is excluded to the extent permitted by law.
5.4 Users are forbidden to offer, provide, prompt the provision of, carry out or have carried out, ask for, seek, retrieve, solicit in any way or refer to the following user content:
5.4.1 representations glorifying or trivialising violence,
5.4.2 representations for the purpose of sedition,
5.4.3 representations inciting to commit a crime,
5.4.4 representations threatening crimes,
5.4.5 representations with banned pornographic content,
5.4.6 representations that violate statutory regulations covering professions, in particular those covering the areas of medicine, psychology, and psychoanalysis,
5.4.7 other content violating applicable laws (including intellectual property rights and personal rights, claims from trading and creditworthiness laws, regulations for the protection of minors, data protection law etc.).
5.5 Users are also forbidden to:
5.5.1 refer to hyperlinks of their own or those of third parties via text chat or email, or appropriate such links that lead to websites containing forbidden content,
5.5.2 record or link user content that violates third party rights (brands, registered designs, patents etc.),
5.5.3 execute or attempt interference with or an attack on the Platform or servers connected to it,
5.5.4 harass, threaten, insult, or defame persons of whatever legal form (individuals or legal entities), or to disseminate untruths, abusive criticism or anti-competitive statements about those persons or to cause them annoyance in any way,
5.5.5 transfer computer viruses or similar that are likely or intended to destroy, render completely or partially unusable or alter hardware, software or data of Instahelp, Users or third parties.
5.5.6 collect, store, alter, pass on or otherwise use the data of persons/Users who use the Platform,
5.5.7 register on the Platform using false statements,
5.5.8 entice Users who use the Platform away toward their own service offerings or those of third parties,
5.5.9 use the Platform as a medium for advertising, even without the definite intention of chargeable sale of user content,
5.5.10 permanently store, reproduce, distribute, publish or otherwise use outside the intended purpose any user content received; this does not include Counsellors in the context of their legal and statutory record-keeping obligations.
5.6 The User is himself responsible for the accuracy and legality of user content he makes available and is fully liable to Instahelp and indemnifies and holds Instahelp harmless for any damages or claims by third parties in connection with his user content.
5.7 If the User has grounds to suppose that other Users’ content violates legal provisions or affects his rights, he may write to contact@instahelp.me and inform Instahelp of the supposed violation. Instahelp will investigate the claim immediately and remove the relevant user content if appropriate.
5.8 The User has no entitlement to have user content he proposes approved by Instahelp for publication, nor to have user content he proposes published with any specified prominence, frequency, duration or form of display. Decisions on this lie solely with Instahelp and do not justify any kind of claim for compensation made by the User. Moreover, Instahelp reserves the right to alter proposed user content if it judges this necessary. Excluded from this provision is Sensitive User Content, which is transmitted in encrypted form and therefore handled with strict confidentiality, being passed exclusively to the Counsellor and relevant User.
5.9 The rights to user content always reside with the corresponding User. The User grants Instahelp an unlimited-period, non-exclusive, free of charge, transferable and sub-licensable worldwide licence to use, store, present, reproduce, alter and make available to other Users, in accordance with these terms of use, his user content on the Platform for the purpose of Services. The User undertakes to publish only such user content as that to which he is entitled, to grant this licence without thereby compromising or breaching the rights of third parties and, in this respect, holds Instahelp harmless. On the other hand, Sensitive User Content must not be published and is also not covered by the granting of rights to Instahelp in this section 5.9. Your attention is drawn here to the potential (legal) requirement to archive user data (including sensitive user data), (see section 3.10).
5.10 Content in the form of specialist articles written by registered Counsellors (psychologists) is published on https://instahelp.me/uk/. No claim is made as to the scientific accuracy or completeness of this content. In all cases, self-tests or checklists offered by Counsellors cannot replace a diagnosis. Evaluation of test results is far more intended as giving an indication of possible symptoms, serving the purpose of reflection on oneself and with the intention of being subsequently clarified during (individual) counselling.
5.11 All brands and hallmarks visible in the course of using the Platform are the property of the corresponding owner. The User undertakes to respect and not infringe rights to brands and hallmarks. The “Instahelp” sign is a protected word mark; Instahelp reserves all rights in this respect.

6. Disclaimer of warranty and liability

Our warranty and liability are limited. We accept no liability for the content of external websites to which we link regarding tips and recommendations.
6.1 The Services of Instahelp are offered with no assumption of liability for any specific functionality or availability. The scope of functionalities then current is given in the description of services on the Platform.
6.2 Instahelp is liable on behalf of itself or its agents solely for damages resulting from gross negligence or intent; in such a case, 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.
6.3Instahelp’s total liability with regard to the User for all claims relating to the Services is moreover limited to that extent of damage, the occurrence of which might typically be anticipated given the prevailing circumstances at the time of first registration by the User on the Platform; liability exceeding € 500 is excluded in all circumstances.
6.4 The limitations on liability stipulated in this section apply to both contractual and non-contractual claims. Liability resulting from mandatory legal provisions (e.g. personal injuries) remains unaffected.
6.5 In the context of the Services, hyperlinks to third-party websites may be included. If the User accesses third-party websites, he 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 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.

7. Software

In the event that we supply software, you may use this subject to a limited usage licence. As a rule there will be an end-user licence agreement that belongs to the software and sets more precise provisions.
7.1 To the extent that the User is provided with software by Instahelp, the User receives a non-exclusive, non-transferable and non-sub-licensable licence for the period and purposes of use of the Services for private usage and in accordance with any end-user provisions.
7.2 With the exception of the right to make a back-up copy, the User is forbidden (to the extent permitted by law) to reproduce, publish, distribute or make the Software or associated documentation available to third parties by other means extending beyond normal use.

8. Technical prerequisites

You need up-to-date equipment and access to the Internet in order to be able to use our Services smoothly. We cannot guarantee complete protection from viruses or other technical risks, and we assume no liability for uninterrupted or trouble-free access to our Services.
8.1 To use the Services you need 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. The costs and risks of Internet data traffic lie exclusively with the User.
8.2 The User will be aware that, given the technical realities of the Internet, there can never be complete protection from viruses, Trojans, spyware etc. Therefore Instahelp is also unable to guarantee such protection. Instahelp does not guarantee any specific availability of the Services and expressly reserves the right to interrupt them for technical or other reasons.
8.3 Instahelp cannot guarantee that access to the Platform will be possible at all times, without interruption or error-free. Instahelp assumes no liability for malfunctions or impairments that lie outside Instahelp’s sphere of influence. Thus the User is responsible for regularly updating the software he uses, regularly backing up his data, using up-to-date virus protection and effective firewall systems.

9. Charges, payment terms

Subject to any provisions specifying otherwise, our Services are subject to charge. Through registration on the Platform, the User declares his agreement to the service charges and price models of Instahelp. Payment terms between Instahelp and Counsellors or other commercial Users are to be agreed separately.
9.1 Apart from the initial contact made by a User with Instahelp in accordance with section 1.2, the mediation of contact between Customer and Counsellor is subject to charge. Utilisation of the Platform/Services by the Customer is billed periodically, whilst details of payment and billing of services to the Counsellor or a corporate customer are to be agreed separately. In the course of registration on the Platform, the User/Customer explicitly declares his agreement with the service charge, the price model on which it is based and the payment terms of Instahelp, each available to view at https://instahelp.me/uk/prices/. Private Customers subscribe to the Services on a monthly basis, with payment of the service charge being made to an alternative payment processor. The monthly subscription of a private Customer begins with conclusion of the first payment procedure in advance of utilisation of any online psychological counselling and continues automatically, so long as the contract is not ended early by either party. In the event of deletion of the User Account, service charges paid for the current subscription are forfeit.
9.2 Provided that no special payment conditions have been agreed, payment claims are payable within seven calendar days of the Customer’s receipt of the electronic order confirmation whilst, in the case of presentation of bills to commercial users, they are payable within seven calendar days of receipt of the bill. 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 and 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 User. Use of the Services is excluded for the duration of default of payment.
9.3 Payment by the User takes place via a payment provider who only passes the paying User’s data to Instahelp in anonymised form.
9.4 Acceptable means of payment are credit card, online payment systems (Paypal, online banking) and immediate transfer.
9.5 The User may only charge against Instahelp receivables to the extent acknowledged by Instahelp or legally determined.

10. Other

We communicate with you by email. The terms of use are subject to Austrian law.
10.1 Alterations and/or amendments to these terms of use must be in written form. This also applies to any departure from the requirement for written form. Email is a valid written form; messages from Instahelp to the User go to the email address declared by the User during registration or in the course of updating his User Account.
10.2 Austrian law applies exclusively. Exclusive jurisdiction is, to the extent legally permissible, the relevant locally competent court in Vienna. The contract language is German. Only the German version of the Conditions of Use is legally binding.
10.3For actions against consumers resident or habitually resident within the country or employed within the country, the place of jurisdiction shall be that in the district where the consumer is resident or habitually resident or is employed (Art. 16 Verordnung (EG) Nr. 44/2001).
10.4If any clause in these terms of use is legally void or ineffective, this does not affect the validity of the remainder of the provisions. Any void or ineffective provisions are to be replaced by valid versions that most closely approach the intended commercial purpose.
Insta Communications GmbH
Münzgrabenstrasse 92/4, 8010 Graz, Austria
Company register No.: 438999m Graz Regional Court for Civil Matters
Tel: +43 316 22 84 09
Email:
contact@instahelp.me
Web: https://instahelp.me/uk/
Data protection regulations: https://instahelp.me/uk/privacy
VAT-No.: ATU69838517
DVR-No.: 4014941
Status: 06/2016
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