Terms and Condition

Scope

The General Terms and Conditions (GTC) cover all activities of Upendo Health GmbH (hereinafter referred to as the Service Provider). The GTC regulate the business relationship between the Service Provider and natural persons or legal entities (hereinafter referred to as Patient) who use services of the Service Provider or have registered with the Service Provider to receive such services.

Services

The Service Provider provides mainly paid services in the field of psychological psychotherapy, psychological counselling and coaching. The present General Terms and Conditions (GTC) are applicable to the purchase by the Patient of any services ordered or obtained from the Service Provider in any way (face-to-face session/conversation, by telephone, email, internet, video meeting, video call, mobile, etc.). By using one or more services, the Patient irrevocably agrees to the application of these GTC. Note: The Service Provider also refers independent psychotherapists to Patients. In this case, the treatment contract is between the Patient and the independent psychotherapist and the Service Provider is not involved in the provision of the psychological service and is not a party to the treatment contract. The psychotherapists take sole and full responsibility for the psychological service provided to the Patient and any liability of the Service Provider for this is excluded.

Conclusion of contract, appointment booking & fee

The business or treatment contract is concluded when the Patient and the Service Provider agree on an appointment or a treatment phase for the purpose of psychotherapeutic treatment, psychological counselling, coaching or a preliminary discussion. A contract may be concluded verbally, for example for a preliminary or initial interview, or by signing a treatment agreement, for example when entering into a longer-term cooperation and/or for a treatment phase with a time limit. The Service Provider is entitled to refuse a request for treatment at any time without giving reasons.
The Patient is obliged to provide only correct and complete information when booking an appointment.
Agreed appointments are binding and must be kept. If appointments are missed more frequently without being cancelled in advance, the Service Provider reserves the right to exclude the Patient from further use of the services.
The Service Provider is entitled to a fee for the performance of his services. The rates that apply are those that are current at the time of the treatment or appointment or the fee that is agreed between the Service Provider and the Patient as part of a treatment agreement.

Cancellation, cancellation fee, cancellation

Appointments made with the Service Provider are considered binding and the fee for them is owed to the Service Provider from that point on. The Patient undertakes to give the highest possible priority to keeping these appointments. If the Patient is unable to keep an agreed appointment for reasonable reasons and the appointment is cancelled more than 48 hours before the agreed appointment on the Provider's working days, the Provider will endeavour to provide the Patient with an alternative appointment. If the Patient is prevented from attending the appointment on site at short notice (less than 48 hours before the start of the appointment), for example due to illness, the Service Provider will provide the option of making the appointment by telephone or video call. In all other cases, the Patient will owe the full fee.
If the Service Provider is unable to provide the services on the agreed date of the session or the services specified in the treatment agreement, the Patient does not owe the Service Provider any fee or will be reimbursed for any fee already paid. The Service Provider cannot be held liable for any additional costs incurred (e.g. travel costs, loss of income) due to appointment cancellations or treatment cancellations caused by the Service Provider and does not owe any reimbursement.
The Service Provider undertakes to make his/her expertise and experience available to the Patient within the framework of the services to the best of his/her knowledge and belief. However, he/she cannot provide any guarantees for session outcomes and accordingly no refunds will be made if the Patient's treatment expectations are not met.
a session is shorter than agreed due to a behaviour, delay or decision of the Patient, the Patient still owes the Service Provider the full session fee.

Cost absorption by the health insurance fund

The Patient is responsible for any assumption of costs by the Patient's health insurance company. The Service Provider does not enter into any correspondence with health insurance companies regarding the possible assumption of treatment costs.

Duties of the Patient & disclaimer

Treatment planning is done jointly by the Service Provider and the Patient. The Service Provider's treatment suggestions are considered recommendations and it is ultimately the Patient's responsibility to decide whether these recommendations may be beneficial to their own healing and growth process. The Patient agrees that if any concerns, doubts or misgivings arise about the course of action chosen, he/she will immediately communicate these to the provider. Decisions that affect the treatment plan or involve deviations from the agreed procedure are made by the Patient together with the Service Provider. If the Patient makes independent decisions that affect the agreed treatment plan without consulting the Service Provider, the Service Provider is not responsible for any consequences or costs arising from this.
If acute crisis conditions occur during treatment, for example in the form of acute suicidal tendencies (suicidal thoughts, suicide plans), the Patient undertakes to inform the Service Provider immediately or, if the Service Provider is not available, to contact a local crisis intervention centre.
The Service Provider declines any liability for the consequences of decisions made by the Patient in the course of treatment.
By entering into a treatment contract, whether by making an individual appointment or by signing a treatment agreement, the Patient undertakes to provide the Service Provider with all information that may be relevant for the treatment. This concerns, for example, symptoms that may indicate (physical or emotional) distress or suffering, physical illnesses, changes in work, social or housing situation, etc. The Service Provider declines all liability for any consequences for the treatment that may arise as a result of withheld information. The Service Provider reserves the right to terminate the treatment immediately if it becomes apparent that the Patient has withheld information relevant to the treatment.
The information published on the Service Provider's website is subject to change at any time and without prior notice. The Service Provider makes no warranty (express or implied) as to the accuracy, completeness or timeliness of the information published on the Website.
The services and information on the Provider's website are provided within the Service Provider's technical, operational and financial possibilities. An uninterrupted or error-free operation of the website or any services of the Provider is not guaranteed. The Service Provider reserves the right to discontinue and/or modify any of its offerings at any time.

Changes in the terms and conditions

We reserve the right to change the GTC at any time and for any reason. We will not proactively notify you of changes to the GTC. However, you can easily identify updates by looking at the date at the bottom of the GTC under ‘Last update’. Any changes or modifications will be effective immediately upon posting of the updated GTC on the Website. The version published on our website at that time will apply.

Final Provisions

Swiss law is exclusively applicable. The place of jurisdiction for any legal disputes arising from this contract is Zurich. The remaining provisions shall remain unaffected if individual provisions are invalid.

Last update: August 2023