REGULATIONS
HELP PSYCHOTHERAPY CENTER

I. Introduction

These Terms and Conditions applicable at Centrum Psychoterapii HELP (PH | Psychoterapia HELP) specify in particular:

  1. the types and scope of services provided by Centrum Psychoterapii HELP (PH | Psychoterapia HELP);

  2. the terms and conditions to enter into and terminate contracts with Centrum Psychoterapii HELP (PH | Psychoterapia HELP);

  3. the complaint procedure and alternative dispute resolution methods.

 

II. Definitions

The terms used herein have the following meaning:

  1. Centre or CPHELP – Katarzyna Szostak running a business under the business name “Katarzyna Szostak” with its registered office in Warsaw (03-808) at the address: ul. Mińska 25C lok. 78, tax identification number (NIP): 8512911513, who runs a centre for psychological and psychotherapeutic assistance “Centrum Psychoterapii HELP” in Warsaw at the addresses: ul. Chmielna 116/118 lok. 102 and ul. Wspólna 50 lok. 10;

  2. Cookies – small text files kept by the User’s browser on the computer’s hard drive, which contain information enabling the identification of the connection and correct operation of the Platform. Some Cookies may be stored for the term defined in the Cookie itself (the user may remove them manually) and some are removed immediately after the connection with the Platform has terminated. The rules of using Cookies are described in a separate Privacy Policy;

  3. Privacy Policy – a separate document governing the general rules of personal data processing and operations of the Platform, including the website www.cphelp.pl, and the rules of using Cookies for all visitors to the Platform who are not Users;

  4. Terms and Conditions – these terms and conditions;

  5. Platform – the online platform of CPHELP operating at the address www.cphelp.pl;

  6. Platform Use Agreement – an agreement entered into by and between the User and CPHELP in the mode and under the terms and conditions specified herein, under which the Centre provides the User with Platform Services and the User uses the Platform;

  7. Contract – a contract entered into by and between the User and CPHELP in the mode and under the terms and conditions specified herein, under which CPHELP provides the User with Services; 

  8. Services – the services provided by CPHELP and selected by the User from those made available by CPHELP at: https://booksy.com/pl-pl/67018_centrum-psychoterapii-help-oddzial-wspolna_zdrowie_3_warszawa;

  9. Platform Services – the services referred to in Clause IV(5) hereof; 

  10. User – a person who uses Services or Platform Services.

 
 

III. Assistance by CPHELP

  1. Centrum Psychoterapii HELP (PH | Psychoterapia HELP) is a centre for psychological and psychotherapeutic assistance. In order to provide services to Users, CPHELP collaborates with psychologists and psychotherapists (hereinafter referred to collectively as “Therapists”).

  2. Therapists who provide psychotherapeutic assistance:

    1. follow the Code of Ethics of the Polish Psychotherapy Society (Polskie Towarzystwo Psychologiczne), including in particular the rules of professional secrecy. Information covered by professional secrecy may be only disclosed, if the health or life of the User or another person is at risk, or it is required by law;

    2. agree the frequency and mode of assistance individually with the User, whereby, unless expressly agreed otherwise, the provisions hereof apply.

  3. Detailed information about the Therapists collaborating with Centrum Psychoterapii HELP (PH | Psychoterapia HELP) may be found at: https://www.cphelp.pl/poznaj-nas.

  4. No content available at the Platform constitutes an offer within the meaning of the generally applicable law, including but not limited to the Civil Code.

IV. Use of Platform 

  1. The User uses the Platform free of charge. 

  2. The User must be at least 18 years old to use Platform Services. 

  3. The moment when the Platform Use Agreement is entered into is the moment when the User actually starts using the Platform. 

  4. The Platform Use Agreement is terminated by the User upon the moment he or she actually stops using the Platform. The Centre has the right to terminate the Platform Use Agreement with immediate effect, if the User breaches material provisions hereof. 

  5. Through the Platform, the Centre provides the following services to the User: 

    • information about services offered; 

    • an option to make an enquiry to the Centre in the contact form available at the Platform. 

  1. In order to send an enquiry in the contact form available at the Platform, it is necessary to provide the following personal data: name and surname, phone number and email address. The User’s personal data will be processed under his or her voluntary consent in order to answer the message sent in the contact form and to continue the correspondence, if any, with the User regarding the matter. Making an enquiry in this form requires an explicit consent to data processing within the extent specified above. The consent to personal data processing is voluntary, yet without it, it is impossible for the Centre to answer the User’s enquiry. The User have the right to withdraw at any time the consent given to us, and the User may do so by a unilateral declaration made in any form; this, however, does not affect the lawfulness of the processing carried out based on the consent before it has been withdrawn. 

  2. By using the Platform, the User declares as follows: 

    • he or she is at legal age and has the right to enter into the Platform Use Agreement; 

    • the data provided by the User are true and accurate and do not infringe any third party rights; 

    • the User has read these Terms and Conditions and agrees to follow them. 

  1. Clause XI (Provision of Services in Electronic Form) paragraphs (3)-(7) hereof apply to the Platform Use Agreement.

  2. When a service is completed by the Centre, the User has no longer the right to rescind the Contract.

 

V. Making Appointments/Entering into Contract

  1. An appointment with a Therapist may be made:​

  1. When the User makes a request for an appointment, Centrum Psychoterapii HELP (PH | Psychoterapia HELP) sets together with the User the appointment date and place, the consultation price, and the Therapist who will provide the consultation (by phone, text message or email). CP HELP obtains a confirmation from the User that he or she has read these Terms and Conditions and accepts them, as well as the consent to personal data processing as per the Privacy Policy applicable at the Centre and a confirmation that the User is aware that making an appointment entails the obligation to pay for it. The provision of a Service is only possible, if the User accepts the Terms and Conditions. If the User refuses to accept the Terms and Conditions, he or she is deemed to have rescinded the Contract. After the appointment date and place has been set and a Therapist has been assigned to the User, CP HELP confirms the appointment date and place, the consultation price and the selected Therapist with a text message. When the text message with the confirmation of the first consultation has been sent, it is assumed that a Contract has been entered into by and between CPHLEP and the User, which entails the obligation to follow these Terms and Conditions. Before each meeting, the User is obliged to pay pursuant to these Terms and Conditions in order to confirm the reservation. 

  2. A Booksy reservation is made by a mechanism provided by a third party: Booksy International Sp. z o.o. with its registered office in Warsaw at the address: ul. Łucka 2/4/6, lok. U 4, 00-845 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the National Court Register number (KRS): 0000515914, with tax identification number (NIP): 9512381607, and business statistical identification number (REGON): 14731592.
    The reservation mechanism is used under the Booksy terms and conditions available at https://booksy.com/pl-pl/terms.html. During the reservation process, the User will be asked by Booksy to accept Booksy’s legal documents. Booksy is an entity independent of CPHELP. CPHELP is not liable for incorrect operation of Booksy. 

When an email with the confirmation of the first consultation at CPHELP has been sent, it is assumed that a Contract has been entered into by and between CPHLEP and the User, and in this case the Centre asks the User additionally to confirm the acceptance of these Terms and Conditions. The provision of a Service is only possible, if the User accepts the Terms and Conditions. If the User refuses to accept the Terms and Conditions, he or she is deemed to have rescinded the Contract.

  1. Only an individual at legal age with full capacity to perform legal transactions may make an appointment for a consultation. Individuals without full capacity to perform legal transactions, including minors, may make an appointment for a consultation and use the assistance offered by CPHELP only upon written consent of their legal guardians (parents). CPHELP may require the legal guardian to be present at a consultation with an individual without full capacity to perform legal transactions.

  2. When the first appointment for a consultation is made, it entails the reservation of the same day and time every week with the same Therapist (regular weekly reservation) for another year. If the Client wishes to resign from the meetings, he or she may do so as provided for herein. If the Client wishes to participate in the meetings for longer, he or she is obliged to inform the Centre reception staff about it and extend the reservation.

  3. CPHELP may, upon informing the User in advance, refuse to provide a Service incorrectly selected by the User during online reservation. If this is the case, Centrum Psychoterapii HELP (PH | Psychoterapia HELP) either returns the funds already paid for the cancelled consultation to the User, or, if so agreed with the User and if possible, sets another appointment date or consultation type, crediting the funds already paid towards the new appointment. A text message with the new consultation date sent to the User is a confirmation of the new consultation date and an amendment of the contract in this regard.

  4. If the provision of a Service is to commence within 14 days of the date when the Contract has been entered into, the Centre obtains the User’s consent (fixed in a durable medium) to commence the provision of such services before the lapse of the time limit to rescind the Contract. In case of refusal to give such consent at least 48 hours before the planned consultation date, it is assumed that the User has cancelled the agreed consultation and rescinded the Contract. 

 

VI. Payment for Consultation

  1. The prices of services provided by Centrum Psychoterapii HELP (PH | Psychoterapia HELP) are specified in a price list available at: https://booksy.com/pl-pl/67018_centrum-psychoterapii-help-oddzial-wspolna_zdrowie_3_warszawa.

  2. A prepayment of 100% of the price for a consultation must be made before the consultation. The prepayment is a condition necessary to confirm the date and place of the consultation and that the consultation will actually take place. 

  3. Subject to paragraphs (4) and (6) below, the prepayment should be made no later than within 48 hours of the consultation reservation, by a transfer of funds to the following bank account of Centrum Psychoterapii HELP: 96 1050 1025 1000 0097 2528 9947, or by PayPal to: paypal.me/CPHELP. 

  4. If the reserved consultation date falls within 48 hours of the reservation moment, the prepayment should be made no later than within 4 hours of the reservation moment.

  5. The User must send a proof of transfer for the prepayment to be deemed completed. The proof of transfer must be sent by email to: kontakt@cphelp.pl.

  6. In case of a consultation takes place in person at the Branch at ul. Wspólna 50, the payment for the second and each further consultation is made by card or cash at the Centre reception desk immediately before the consultation starts.

VII. Contract Rescission 

  1. For a Contract entered into with a User who is a consumer, i.e. a natural person who enters into a contract not directly related to his or her business or professional activity, the User may rescind the Contract within 14 days of the date of entering into it without reason or cost. A consumer is also a natural person for whom the Contract entered into is directly related to his or her business and the Contract is not of professional nature for him or her, in particular arising out of the objects of his or her business as disclosed under the regulations governing the Central Record and Information of Businesses (CEIDG). 

  2. The Contract may be rescinded within 14 days as provided for in Clause IX hereof (Consultation Cancellation) and may also take place by sending a declaration by traditional mail to the address: Centrum Psychoterapii HELP, ul. Wspólna 50 lok. 10, 00-684 Warszawa or by electronic mail to the address: kontakt@cphelp.pl. It is sufficient to send the declaration before the lapse of the time limit for rescission to meet the time limit. A specimen declaration is attached as Exhibit 1 hereto. 

  3. The Centre kindly informs that the right to rescind the Contract does not apply, if the Centre has fully performed the Service upon the explicit approval of the User who is a consumer, where the User was advised before the commencement of such a service that after the service is performed by the Centre, the User would lose the right to rescind the contract. The User is furnished with the above information upon receipt of these Terms and Conditions. 

  4. The Centre kindly informs that if the Services have been, upon the User’s express request (fixed in a durable medium), completed in full or in part before the lapse of the 14-day time limit to rescind the Contract, the User is obliged to pay for the part of the Services which had been performed before the Contract was rescinded. 

 VIII. Contract Termination 

  1. The User may terminate the Contract with immediate effect at any time, including also after the lapse of 14 days, whereby if the Contract is terminated after 14 days of the Contract date or if the Services commence before the lapse of 14 days upon the User’s explicit request, the mutual settlements are made as provided for in Clause IX hereof (Consultation Cancellation). 

  2. The Centre may at any time rescind the Contract with immediate effect, and if this is the case, the Centre returns the funds paid by the User for the part of the Service which has not been performed yet. 

IX. Consultation Cancellation

  1. The User may cancel a consultation by phone at: 720 826 806 or 790 626 806 or by sending an email to: kontakt@cphelp.pl no later than 48 hours before the set consultation date. If this is the case, CPHELP either returns the funds already paid for the cancelled consultation to the User, or, if so agreed with the User, sets another consultation date, crediting the funds already paid towards the new appointment. A text message with the new consultation date sent to the User is a confirmation of the new consultation date and an amendment of the contract in this regard.

  2. If a consultation is cancelled by the User who has set the date of the first consultation/session less than 48 hours before, he or she will lose the appointment date and the prepayment made for the cancelled consultation, except for special circumstances caused by force majeure. If this is the case, CPHELP either returns the funds already paid for the cancelled consultation to the User, or, if agreed so with the User, sets another consultation date, crediting the funds already paid towards the new appointment. A text message with the new consultation date sent to the User is a confirmation of the new consultation date and an amendment of the contract in this regard.

  3. If a consultation is cancelled by the User who has set the date of the second or next consultation/session less than 48 hours before the set date, he or she will lose the appointment date and be obliged to pay the full cost of the cancelled session, except for special circumstances caused by force majeure.

  4. If a consultation with an agreed Therapist may not take place in the agreed time or place for reasons attributable to CPHELP, CPHELP will at the discretion of the User:

    1. returns the funds already paid for such a consultation to the User and deems the consultation cancelled, or

    2. if so agreed with the User, sets another consultation date, crediting the funds already paid towards the new consultation date, or 

    3. if possible, provides appropriate substitution of another therapist. 
      A text message with the new consultation date or place or therapist sent to the User is a confirmation of the new consultation date or place or therapist and an amendment of the contract in the relevant regard.

X. Delays

  1. A single individual consultation is 50 minutes long, unless agreed otherwise with the User. It is recommended to have weekly and regular meetings with the psychotherapist. It is possible to agree a different frequency of meetings, depending on the User’s needs.

  2. A single couple consultation is 50 or 75 minutes long, depending on the User’s choice, unless agreed otherwise with the User. 

  3. A consultation is not extended, if the User is late. If the delay is at the User’s fault, the session time will be reduced, unless the therapist decides otherwise.

  4. If the Therapist is late for a consultation, the consultation will be extended by the time of delay or the Therapist will ensure that another meeting, depending on the User’s availability, is extended by the time of delay.

  5. If the Therapist cancels a session (at any time), the User will lose the appointment date at no cost and the next meeting will take place the next week on the same day and time.

 

XI. Provision of Services in Electronic Form

  1. Consultations may take place via Skype or a similar application.

  2. The provisions hereof apply to a contract entered into by and between CPHELP and the User with regard to consultations taking place online. 

  3. To ensure a proper course of an online consultation, the User should have a device and software that meet the following requirements at the minimum:

    • access to the internet;

    • installed and up-to-date anti-virus software;

    • enabled Cookies and Java Script;

    • software allowing for the use of Skype or a similar application used for communication between the User and the therapist;

    • a device with a microphone and a loudspeaker/headphones;

    • a place ensuring confidentiality and liberty and comfort of conversation.

  1. CPHELP does not guarantee the correctness of operation of external software with which consultations are carried out. The provision of services may be hindered or made impossible by circumstances that include but are not limited to improper quality of connection, damage or defect of telecommunications devices, power systems or computer hardware, failure of telecommunications network or blackouts, disconnection or any action by third parties. CPHELP is not liable for such circumstances, and the Service has to be paid for in full.

  2. The User is strictly forbidden to record the session. During the session the User should ensure confidentiality, no third party may be present in the room where the User is having the session.

  3. The Therapist may record the sessions for training purposes only upon the User’s written consent.

  4. The Centre is not liable for damage arisen to third parties as a result of using the Service by the User in breach of the Terms and Conditions.

 

IX. Complaints

  1. The User has the right to file a complaint regarding the performance of the Services under these Terms and Conditions within 14 days of the consultation date of the expiry of the Contract.

  2. Complaints may be sent by email to: kontakt@cphelp.pl or by traditional mail to: Centrum Psychoterapii HELP, ul. Wspólna 50 lok. 10, 00-684 Warszawa.

  3. A complaint should include the User’s details (name, surname, PESEL number, email and correspondence address) and a detailed description of the facts underlying the complaint.

  4. CPHELP examines the complaint within 30 days of the receipt thereof. If the complaint may not be examined within such time limit, CPHELP will notify the complainant about the reasons of delay and the expected date of complaint examination.

  5. The response to the complaint is sent to the email address provided by the complainant or to the correspondence address, if so requested by the complainant.

  6. If the complaint is accepted, the Centre will return the price of the Service in full or in part to the User.

XIII. Disputes 

  1. The court competent to adjudicate disputes arising out of or in connection with the application of the Terms and Conditions or the provision of Services performed is the court with territorial jurisdiction of the registered office of CPHELP unless a Contract has been made with the User who is a consumer in which case the court of general jurisdiction is competent. 

  2. Detailed information about alternative dispute resolution methods and rules of access to such procedures for Users residing in Poland is available at the website of the Competition and Consumer Protection Office (UOKiK) at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. There is a contact point at the President of UOKiK (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or address: Plac Powstańców Warszawy 1, 00-030 Warszawa) the task of which is to assist consumers in matters regarding alternative methods of consumer dispute resolution. A consumer has, for example, the following options to use alternative dispute resolution procedures: (1) a request to resolve a dispute to the Permanent Amicable Consumer Tribunal (Stały Polubowny Sąd Konsumencki) (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the competent Provincial Inspector of the Commercial Inspectorate (wojewódzki inspektor Inspekcji Handlowej) (more information at the website of the Inspectorate competent for the business establishment of the Centre); (3) assistance of the County (Town) Consumer Ombudsman (powiatowy (miejski) rzecznik konsumentów) or social organisations whose charter tasks include consumer protection (including the Federation of Consumers (Federacja Konsumentów) and the Society of Polish Consumers (Stowarzyszenie Konsumentów Polskich)). Advice is given, among others, by electronic mail at: porady@dlakonsumentow.pl and a consumer hotline at: 801 440 220. On the website http://ec.europa.eu/consumers/odr an online platform is available to resolve disputes between consumers and businesses at the EU level (ODR Platform) (more information at the Platform website or the website of the Competition and Consumer Protection Office: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php). Any and all disputes arising out of or in connection with the contract are subject to the jurisdiction of common courts of law. This contract is not intended to include a mandatory arbitration clause. The Centre reserves the right to give a separate consent to alternative dispute resolution methods on a case-by-case basis.

 

XIV. Personal Data

  1. The rules regarding personal data processing and Cookies are available in the Privacy Policy available at: https://www.cphelp.pl/rodo.

 

XV. Other Provisions

  1. At CPHELP premises it is forbidden to smoke, use tobacco or tobacco and nicotine goods, including e-cigarettes, as well as to drink alcohol and use other types of intoxicating substances.

  2. It is also forbidden to use the devices located at CPHELP without the consent of CPHELP staff and to bring in image- and sound-recording devices. It is strictly forbidden to record the session.

  3. Children up to 13 may be present at CPHELP only in the presence and under permanent supervision of the User. CPHELP is not liable for children left without supervision. Any damage caused by children is the liability of their parents of legal guardians. At CPHELP premises it is strictly forbidden to run or play, absolute peace and quiet is required during the performance of services by CPHELP staff.

  4. CPHELP is not liable for items left within CPHELP premises.

  5. CPHELP may refuse to provide Services, if:

    1. the User’s requests, wishes or expectations make it impossible or significantly hinder the correct provision of a Service or are a threat to others;

    2. the User’s behaviour makes it impossible or significantly hinders the correct provision of a Service (e.g. where the User is intoxicated with alcohol or other substances) or is a threat to others or makes it impossible or hinders the provision of Services to others.

  6. “Non-therapeutic” (social, informal) meetings of the Therapist with the User whose psychotherapy is carried out by the Therapist are forbidden.

  7. CPHELP provides Services for the User with due care and with regard taken of the professional nature of the Services provided, however CPHELP by no means guarantees the achievement of a specific result.

  8. It is strictly forbidden to record any meetings at the Centre premises in which the User participates.

  9. Two close individuals may not use the services of the same Therapist.

  10. It is forbidden to participate in two different processes at the same Therapist, unless the Therapist decides otherwise.

 

 

XVI. Final Provisions 

  1. CPHELP may terminate at any time the operation of the Platform, with or without reason, which does not affect the Contracts entered into before, including in particular the appointments for consultations already made.

  2. The general provisions of the Civil Code apply to all matters not governed by the Terms and Conditions.

  3. CPHELP reserves the right to amend the Terms and Conditions. The Terms and Conditions applicable at the Contract date apply to contracts entered into before an amendment to the Terms and Conditions, except for the new provisions of the Terms and Conditions which benefit the User more (such provisions apply also to the contracts entered into before an amendment to the Terms and Conditions has entered into force). 

  4. The governing law for these Terms and Conditions and the contracts for services provided in electronic form entered into hereunder is the Polish law.

  5. The court competent to adjudicate disputes arising out of or in connection with the application of the Terms and Conditions or the provision of Services performed is the court with territorial jurisdiction of the registered office of CPHELP unless a Contract has been made with a consumer in which case the court of general jurisdiction is competent.

This version of the Terms and Conditions was published and entered into force on 3 December 2020 at 17:30.

The previous version of the Terms and Conditions is available at: https://www.cphelp.pl/regulamin-2019.

EXHIBIT 1

 

SPECIMEN CONTRACT RESCISSION FORM

(please complete this form and send it only, if you wish to rescind the contract)

TO: Katarzyna Szostak

ul. Mińska 25C lok. 78

Warszawa 03-808

email: kontakt@cphelp.pl

 

– I/we (*) hereby inform that I/we rescind the contract for service provision by CPHELP

– Date of the contract (of the confirmation of the first consultation):

– Consumer(s) name and surname:

– Consumer(s) address:

– Consumer(s) signature(s) (for hard copy forms only)

– Date

 

 

(*) Delete as appropriate