Therapist Terms of Service

Updated 11 Dec 2023

Therapist Terms of Service

Please read these Therapist Terms of Service (as well as the Client Terms and Conditions) carefully before you begin using the Sakina Platform Services as these will apply to your relationship with Sakina Platform. In using Sakina Platform Services you agree to these Terms.

DEFINITIONS

"Agreement" means this agreement which sets out the terms and conditions upon which Sakina Platform shall provide the Sakina Platform Services to the Therapist and which comes into effect on the Effective Date;

"Terms and Conditions" means Sakina Platform’s terms and conditions in relation to the third party products or services offered on the Website;

"Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

"Commission" means the commission (including VAT), as is in current force, payable by the Therapist to Sakina Platform (based on a percentage of the total value of a Session);

"Portal" means the "Sakina Platform" software licensed to the Therapist under this Agreement as one of the Sakina Platform Services

"Client" means any person who purchases or receives the Therapist Services;

"Client Terms and Conditions" means the terms and conditions of service and/or terms of business that the Therapist contracts with the Client;

"Data Protection Legislation" means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including without limitation the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.

"UK Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation (EU) 2016/679; the Data Protection Act 2018 the Privacy and Electronic Communications Directive 2002/58/EC as amended and the Privacy and Electronic Communications Regulations 2003 as amended.

"Booking" means a time and date booked by a Client to receive Therapist Services;

"Distribution Channels" means any third party website or other media through which the Sakina Platform Services are from time to time provided;

"DPA" means the Data Protection Act 2018 (as amended from time to time);

"Effective Date" means the date on which the Therapist ticks the box on the Sign up form to confirm acceptance of this Agreement;

"Completed Session" means a Session in respect of which the Therapist has successfully provided the Therapist Services to the Client;

"Guarantee" means a case where a Client is unsatisfied with their session, Sakina Platform will pay for one session for them to meet with an alternative Therapist.

"Intellectual Property Rights" means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade marks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights;

"Material Breach" means a breach (including an anticipatory breach) which is not minimal or trivial in its consequences to Sakina Platform. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding;

"Session" means any occurrence of an appointment booked by a Client or Therapist for the Client to receive any of the Therapist Services;

"Page(s)" means the internet page or pages and contents of the Therapist’s designated section of the Website or Distribution Channels (including the Therapist’s Sakina Platform “homepage” and each page for the Therapist Services offered on the Website) along with any applicable page or pages and contents of the Therapist’s own website(s) or other website(s) where the Widget is used;

"Therapist Services" means the therapy services which the Therapist is in the business of providing to Clients and which are marketed to Clients by the Therapist through use of the Sakina Platform Services;

"Therapist Content" means any information, documentation, equipment, software, photographs or other material (which may include the Therapist name, logo and any other brand features and Intellectual Property Rights) which may be published on the Page(s) pursuant to this Agreement;

"Sakina Platform" or “Sakina” or “Sakina Health” means Sakina App Ltd, a company registered in England under company number 14498156 and whose registered office is at Flat 419, 20, Denison House Lanterns Way, London, United Kingdom, E14 9JJ;

"Sakina Platform Services" means the benefits and services a Therapist may receive from Sakina Platform in return for paying the Commission to Sakina Platform;

"Website" means the website at www.sakina.io, www.sakina.health

"Working Hours" means 9am - 5pm, Monday - Friday

SAKINA PLATFORM SERVICES

In consideration of payment by the Therapist of the Commission and the Therapist performing all its other obligations herein and subject to this Agreement, Sakina Platform shall provide the applicable Sakina Platform Services to the Therapist, which shall (unless otherwise agreed) include a personal, non-exclusive, non-transferable and fully revocable licence to use the Portal.

In respect of all sessions, Sakina Platform shall act and is hereby appointed as agent for the Therapist to conclude the Session with a Client and (where applicable) collect and process payments on behalf of the Therapist and nothing herein shall prevent or limit the Therapist from remaining fully responsible and liable for their provision and supply of Therapist Services to Clients.

PORTAL SOFTWARE LICENCE

The Therapist may use the Portal for the purpose of processing Sessions of Therapist Services for and on behalf of itself only. All Therapists are eligible to use the Portal.

The Therapist’s use of the Portal is at the Therapist’s sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is provided by email primarily and is a benefit for the Therapist, but is not a right of the Therapist.

The Therapist understands and accepts that Sakina Platform uses third party vendors and hosting Therapists to provide the hardware, software, networking, storage, and related technology required to run the Portal. The Therapist also acknowledges and agrees that Sakina Platform shall have administrator’s access to all parts of the Portal, including those parts that have been specifically tailored for the Therapist.

The Therapist shall not reproduce, duplicate, copy, sell, resell or exploit the whole or any part of the Portal, or allow any third party (including group companies of the Therapist) to use or access the Portal without express prior written permission from Sakina Platform (which may be denied or granted on such terms as Sakina Platform in its sole discretion may determine).

Sakina Platform does not warrant:

that the Portal will meet the Therapist’s specific requirements;
that the Portal will be uninterrupted, timely, secure, or error-free;
that any information or results that may be obtained from the use of the Portal will be accurate or reliable;
that the quality of any products, services, information, or other material purchased or obtained by the Therapist through the Portal will meet the Therapist’s requirements or expectations; or
that any errors in the Portal will be corrected.

The Therapist expressly understands and agrees that as regards use of the Portal Sakina Platform shall not be liable for any loss of income or profits, loss of contracts, loss of goodwill, loss of data, or other intangible losses or for any indirect or consequential loss or damage (even if Sakina Platform has been advised by the Therapist of the possibly of such loss or damage) resulting from:

the Therapist’s use of, or inability to use, the Portal;
unauthorised access to or alteration of the Therapist’s transmissions or data;
statements or conduct of any third party on the Portal; or
any other matter relating to the Portal.

Calendar Synchronisation with Third-Party Service Provider

Use of Third-Party Service Provider for Calendar Synchronisation

Sakina incorporates the services of a third-party service provider for calendar synchronization. This feature is intended to enhance the functionality of the Sakina Platform, allowing therapists to synchronise their personal calendars with the platform. This enables Sakina to view therapists' availability and assist in managing bookings, such as adding, deleting, or rescheduling appointments made through the Sakina Platform.

Limitations on Calendar Editing

While Sakina can manage bookings through its platform, it does not have the capability to alter events on therapists' calendars that are not directly related to Sakina bookings. Therapists' non-Sakina events remain private and are not affected by the synchronisation feature.

Compliance with Google API Services User Data Policy

For Therapists using Google Calendar, Sakina's use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. This ensures that data from Google APIs is utilized in a manner consistent with Google's data protection and privacy policies.

Data Security and Privacy

Sakina is committed to the highest standards of data security and privacy. All data synchronisation through the third-party service provider will be governed by stringent security measures to protect Therapists' information and ensure confidentiality.

Consent and Revocation

By agreeing to these terms, Therapists consent to the synchronisation of their calendars with Sakina via the third-party service provider. Therapists have the option to revoke this consent at any time. However, it is crucial to understand that revoking synchronisation will make their availability invisible to clients on the Sakina platform, thereby preventing the making or managing of bookings through Sakina.

THERAPIST OBLIGATIONS

In consideration of receiving the Sakina Platform Services, the Therapist agrees to pay all applicable Commission to Sakina Platform and to accept all Sessions and process and supply the Therapist Services to the highest professional standards and in line with any specific terms and conditions set out in this Agreement. A breach of this will be a Material Breach of this Agreement.

All Bookings will be accepted automatically without Therapists approval and will be added to the Platform as , by therapists indicating how many hours in advance clients can make booking.

In respect of all Bookings, the Therapist is obliged to comply with the cancellation and rescheduling policy set out in the Client’s Terms and Conditions. In summary:

Sakina Platform will offer a refund in respect of Bookings which are cancelled (or unable to be rescheduled) provided the relevant appointment is not due to take place within 48 hours of receipt by Sakina Platform of the cancellation.

If a Client wishes to change the date and/or time of a Session, provided the Client gives at least 48 hours prior to the time of the appointment, the Client can choose a suitable alternative Session time and/or date.

If a Therapist wishes to change the date and/or time of a Session, Sakina Platform will treat the Booking as cancelled by the Therapist and will refund the Client the full amount of the Booking. However, if Sakina Platform deems it reasonable to do so in the circumstances, and at Sakina Platform’s sole discretion, Sakina Platform may still require the Therapist to pay the applicable amount of Commission that would have been due from the Therapist in respect of that Booking.

The Therapist is responsible for ensuring that all Therapist Content (especially details of and fees for the Therapist Services) that it publishes or provides to Sakina Platform to publish on the Page(s) is accurate, correct and not misleading. The Therapist should only upload photographs to its Page(s) which the Therapist has a right to use. Any breach of this clause is a Material Breach of this Agreement.

The Therapist agrees that any content they publish, or provide to Sakina Platform for publication, will not include contact details or links to external websites. Clients are entitled to one free initial consultation, which the Therapist is obligated to conduct.

Sakina Platform reserve the right to suspend a therapist's account without notice if a Therapist has been asked to make changes to their Profile based on this Agreement but has not completed the changes requested within a reasonable timeframe.

The Therapist must at all times supply the Therapist Services on the Website at a fee which is the same or lower than that offered on the Therapist's own website or any other platforms where the Therapist offers their Services.

The Therapist agrees to charge the same fee for initial Sessions and follow-on Sessions unless there is an appropriate reason to charge a higher or lower fee, such as offering longer follow-on Sessions.

The Therapist agrees to not offer discounted or promotional rates for initial Sessions via the Sakina Platform to avoid any potential confusion regarding payments for follow-on Sessions.

The Therapist will adopt a standard set of Client Terms and Conditions. It is particularly drawn to Therapist’s attention that Clients, as a matter of law, will not be bound by any terms and conditions in respect of an Booking if those terms and conditions were not brought to the attention of the Client prior to their placing the Booking.

The Therapist is solely responsible for ensuring that the information on the Portal regarding time and date availability is kept completely up to date so that potential Clients are able to view the accurate time and date availability at the time of making a Booking.

Sakina Platform reserves the right to suspend a Therapist's account without notice if multiple initial or follow-on Sessions are cancelled or rearranged due to the Therapist's availability not being kept up to date; if multiple sessions are cancelled due to being unconfirmed by the therapist; if a therapist does not attend a session at the time agreed with a Client; if a Therapist does not ensure Clients are made aware of any need to cancel or reschedule Bookings at short notice due to unforeseen circumstances; or if a therapist is uncontactable or unresponsive to communications from Clients or the Platform.

If the Clients do not show up at the Session, if payment has been received, the Session will be treated by Sakina Platform as completed and Sakina Platform shall be entitled to receive Commission in respect of that Session.

The Therapist shall not solicit Clients derived from the Sakina Platform to make Bookings otherwise than through the Website.

Where a Client makes a Booking and the Therapist encourages that Client to cancel their Booking and make a separate Booking directly with the Therapist, the Therapist shall be in Material Breach of this Agreement.

If Sakina Platform has reasonable grounds to suspect that the Therapist has made or makes any direct or indirect attempt to avoid paying any Commission, for example without limitation, by fraudulently flagging a Session as a cancellation or non-chargeable, this shall be a Material Breach of this Agreement and shall give Sakina Platform the right, without limiting other remedies available to it, to withhold and retain any payments due to the Therapist under this Agreement.

CLIENT SERVICE AND COMPLAINTS

The Therapist shall use best endeavours to provide high quality Therapist Services to all Clients and shall at all times act in accordance with best practice established by all and any professional bodies of which the Therapist is a member or is affiliated with.

The Therapist will notify Sakina Platform if any investigations are initiated or complaints made against them or upheld by any professional bodies of which the Therapist is a member or is affiliated with. The Therapist will also be required to confirm this information on a yearly basis to ensure the information the Platform holds is still accurate.

The Therapist consents to have their performance measured and presented to prospective Clients (including but not limited to Client retention, Client reviews and responsiveness to new Bookings) for quality purposes.

Sakina Platform reserves the right to suspend a therapist's account without notice. Sakina will inform the Therapist via email or via their Dashboard if we take this action, and inform the Therapist of how to rectify the situation where appropriate, however, Sakina Platform does reserve the right to permanently remove a Therapist's profile if multiple instances of poor feedback are received, or if we cannot confidently guarantee a high level of quality in the services a Therapist offers to Clients.

The Therapist shall promptly deal with any enquiries, matters or issues relating to Sessions including dealing with Client complaints.

The Therapist shall be directly responsible to the Client for any failure to fulfil the Client’s expectations or for any other legal liability which arises in respect of the Therapist Services, except where such liability arises as a result of Sakina Platform’s negligence.

Sakina Platform shall refer any Client complaints it receives to the Therapist and the Therapist shall acknowledge all complaints, and shall respond to the relevant Client within 96 hours of the Therapist’s receipt of a complaint (whether the complaint has come directly from the Client or via Sakina Platform).

The Therapist shall make all efforts to reach a resolution to any complaints within 10 days and must notify Sakina Platform of any correspondence between the Therapist and the Client relating to the complaint and generally keep Sakina Platform apprised of its progress and the status of the complaint.

The Therapist acknowledges and accepts that the Website includes a reviewing platform, on which Clients may post publicly viewable reviews about their experiences with Sakina Platform and with the Therapist (particularly in relation to the Therapist Services) (“User Generated Content”). The Therapist should note that the review platform may not be opted out from and may from time to time contain negative reviews and/or feedback from Clients, which is outside Sakina Platform’s control. There may be an option for the Therapist, if they are the subject of any User Generated Content, to reply to reviews about them. However, any content the Therapist posts in response to User Generated Content must be polite and professional and non-threatening or confrontational, and it may be subject to review by Sakina Platform (and may be removed or amended in Sakina Platform’s sole discretion if Sakina Platform deems it reasonably necessary to do so). The Therapist shall have no right to any remedy (including without limitation, any right to terminate this Agreement) as a result of any User Generated Content naming or referring to the Therapist. However, if the Therapist, acting reasonably, feels that any User Generated Content is defamatory of the Therapist or any person or in some other way is a violation of any person’s legal rights, the Therapist may flag and report that User Generated Content to Sakina Platform. In such case, Sakina Platform shall review the same and in its sole discretion take any action it deems necessary or desirable (including, for example, removing or amending the relevant piece of User Generated Content). This is in addition to any legal rights the Therapist may have against the person or persons who created the User Generated Content.

Sakina Platform provides all clients with a complimentary 15-minute initial session, enabling them to determine if the therapist is a suitable match for their needs.

CLIENT DATA

For the purposes of this clause, “data controller”, “data processor”, “personal data”, “process” and “processing” shall have the meanings given to them in the DPA.

Sakina Platform and the Therapist acknowledge that, for the purposes of the DPA Sakina Platform is the data controller and the Therapist is the data processor of any Client personal data including special categories of personal data.

The Therapist may not use Client personal data collected through the Portal for any purpose other than fulfilment of the relevant Session.

The Therapist may collect Client personal data separately and directly by itself (for example, where Clients have booked Therapist Services otherwise than through use of the Sakina Platform Services and where the Therapist has separately obtained permission directly from the Client to use their data), in which case, in respect of that data, the Therapist shall be the data controller of that Client personal data for the purpose of the DPA.

When the Therapist is processing Client personal data as a data processor for Sakina Platform (e.g. personal data on the Portal) the Therapist shall:

process the personal data only in accordance with instructions from Sakina Platform (which may be specific instructions or instructions of a general nature);
comply with all UK Data Protection Legislation;
process the personal data only to the extent and in such manner as is necessary or as is required by law or by any regulatory body;
promptly comply with any request from Sakina Platform requiring it to amend, transfer or delete the personal data;
implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
take all reasonable steps to ensure the reliability of its staff and agents who may have access to the personal data and ensure that such staff and agents (a) are informed of the confidential nature of the personal data; and (b) have undertaken training in the laws relating to handling personal data;
not cause or permit the personal data to be published, disclosed or divulged, or transferred to a third party or to be transferred outside of the European Economic Area without the prior consent of Sakina Platform; and
notify Sakina Platform within one (1) Business Days of any potential data breach or if it receives any complaint, notice or communication which relates directly or indirectly to the processing of the personal data or to either party's compliance with the DPA and the data protection principles set out therein, and it shall provide Sakina Platform with full cooperation and assistance in relation to any such complaint, notice or communication.

THERAPIST WARRANTIES AND INDEMNITY

The Therapist shall provide Sakina Platform with any Therapist Content it reasonably requires to be provided with in order to supply the Sakina Platform Services.

The Therapist warrants that all Therapist Content it supplies to Sakina Platform in connection with this Agreement and/or publishes (or provides to Sakina Platform for publication) on the Website will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency.

The Therapist hereby grants Sakina Platform the right:

to use and publish the Therapist Content in connection with the provision of Sakina Platform Services;
to remove, edit, cut-down or otherwise amend Therapist Content published on any Pages, including without limitation where such Therapist Content does not, in Sakina Platform’s opinion comply with the warranties, or is otherwise in breach of the terms of this Agreement; and
to make use of search engine optimisation services and other mechanisms that embody, incorporate or quote (in whole or part) the trading name of the Therapist or any brands used in connection with the Therapist Services.

The Therapist warrants, represents and undertakes that it shall comply with all applicable laws and advertising regulations in the marketing, sale and provision of the Therapist Services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the Therapist to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Therapist Services).

Any breach of these warranties will be a Material Breach of this Agreement.

The Therapist hereby agrees to indemnify, keep indemnified and hold harmless Sakina Platform and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), expenses associated therewith (including the payment of reasonable legal charges and disbursements) and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses arising out of or in connection with any breach by the Therapist of any term of this Agreement or arising out of any action brought by any third party relating to the Therapist Services provided (or not provided), or actions (or failure to act), of the Therapist or any person (other than Sakina Platform) acting on its behalf, including, without limitation any action brought in connection with any Data Protection Legislation, Therapist Content or a Client visit to the Therapist's venue.

The Therapist acknowledges that Sakina Platform enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of each of its officers, directors and employees (each an “Indemnified Third Party” and, collectively, the “Indemnified Third Parties”’) and that the rights in respect of indemnification set out shall be rights and benefits of each such Indemnified Third Party (as if, in each case, a party to this Agreement in its own right). Such rights shall be enforceable under this Agreement by Sakina Platform as agent for each such Indemnified Third Party. Notwithstanding the foregoing, the Therapist and Sakina Platform may agree in writing to amend any provision of this Agreement without the consent of any of the Indemnified Third Parties, even if that amendment affects or will affect the rights conferred on any Indemnified Third Party hereunder.

This Clause shall survive the termination or expiry of this Agreement.

PAYMENT TERMS

Sakina Platform has distinct payment structures based on client categories:

Corporate Clients: Sakina will charge £60 per session for corporate clients. The commission rate for Sakina Platform will be £6.00 per session, plus any applicable taxes. Full payment from companies may take between 7 to 30 days to be received, and efforts will be made to expedite this process as much as possible.
University Students: For university students, the rate is £40 per session, which includes VAT or any equivalent tax. The commission rate for Sakina Platform will be £4.00 per session, plus any applicable taxes. These sessions must be prepaid by the students before booking.
General Access Sessions: For general access clients, therapists must charge the standard rate as advertised on any other platforms, including their own websites. This rate should be equal to or less than the rate mentioned on these platforms. Sessions for general access clients require prepayment before bookings are confirmed.

This revised structure is intended to provide clarity and ensure fairness across different client groups, while also aligning with Sakina Platform's commitment to accessibility and professional service standards.

The Therapist will receive their income from Sessions within 5 working days (after Sakina receives payment from its payment provider or a corporate client), or on the following Saturday, whichever is later.

These fees are subject to change, and any updates will be communicated with a 30-day notice period.

If the therapist has any concerns regarding any fees received or commission charged, the therapist should contact team@sakina.io.

TERM OF AGREEMENT

This Agreement commences on the Effective Date and will continue in effect unless your account is terminated or the Therapist wishes to suspend or fully delete the profile.

Either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other if:

the other party commits a Material Breach of any of the provisions of this Agreement and either that breach is not capable or, in the case of a breach capable of remedy, that party fails to remedy the same within 7 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
the other party is in persistent non-material breach (whether remediable or not) of any of the provisions of this Agreement;
an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party;
that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
that other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other party under this Agreement);
anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party; or
the other party ceases, or threatens to cease, to carry on business.

Where a party terminates this Agreement, such party shall have no liability to the other in respect of such termination. Termination of this Agreement, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination.

If the Therapist wishes to remove themselves from the platform and there has not been a Material Breach, you the Therapist must request, in writing, for the profile to be either suspended or deleted. In this instance, work with any existing sakina.io clients must be completed before fully deleting the Therapists account.

CONFIDENTIALITY

Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, Clients, businesses, business plans, finances, technology or affairs, which information is proprietary and confidential to the other party (“Confidential Information”).

Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly, use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.

The terms of and obligations imposed by this clause shall not apply to any Confidential Information which:

at the time of receipt by the recipient is in the public domain;
subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;
is lawfully received by the recipient from a third party on an unrestricted basis; or
is already known to the recipient before receipt hereunder.

The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.

This Clause shall survive the termination or expiry of this Agreement.

LIABILITY

Sakina Platform’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the Commission due and payable to Sakina Platform hereunder on the date of the event giving rise to the relevant claim. Further, Sakina Platform shall not be liable for any loss of income or profits, loss of contracts, goodwill, use or data, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise (even if Sakina Platform has been advised by the Therapist of the possibility of such loss or damage).

Nothing in this Agreement shall exclude or in any way limit Sakina Platform’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.

This Clause shall survive the termination or expiry of this Agreement.

MISCELLANEOUS

All rights to the Website and the content on it (save for Therapist Content) (and all other Intellectual Property Rights belong to or licensed to Sakina Platform) remain vested in Sakina Platform at all times. Nothing in this Agreement shall give the Therapist any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith. In order to streamline the Website and the content on it (including the Therapist Content), Sakina Platform may, at its absolute discretion and from time to time, amend the format, content and style of venue page descriptions, photos and menus.

In the event of a change of control or senior management of the Therapist, the Therapist must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Sakina Platform of the relevant new personnel’s contact details.

Any notice, invoice or other communication which either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email). Notices sent by registered post or recorded delivery shall be deemed to be served three Business Days following the day of posting. In all other cases, notices are deemed to be served on the day when they are actually received.

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, so please review our terms regularly.

The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners.

Neither party may assign, transfer, charge, sub-contract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).

A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.

If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.

This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.

Sakina App Ltd | Flat 419, 20, Denison House Lanterns Way, London, United Kingdom, E14 9JJ

Company number: 14498156