Term of Service
1. Introduction
1.1 Before accessing this Website, you should carefully read, understand, and accept the Terms of Use (“Terms of Use”) herein as they will govern your access and use of the Website.
2. Acceptance
2.1 These Terms of Use govern your use of the services, content, and information provided by My Space My Time (“MSMT” or “Us”) on this website. By registering, accessing and/or using the website, You acknowledge that You have read, understood, and agree to be legally bound by the Terms of Use. If You do not agree with the Terms of Use, please do not access, or use the Website. You must agree to the Terms of Use before accessing the website by ticking the “AGREE” box below. This action shall constitute your acceptance of the Terms of Use and shall govern your access and usage of the Website.
2.2 By attempting to access this Website or APP, You agree to comply with and be bound by the terms governing the Platform.
2.3 If these Terms of Use have materially changed since you last accessed or used the Website, you acknowledge and agree that your continued access or use of the Website constitutes your acceptance of the changed Terms of Use;
2.4 You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
3. Services
The MSMT’s Website offers online therapy services, including but not limited to individual counseling, group therapy, and mental health resources. Licensed or approved professionals provide these services.
4. Personal Use
Unless we agree otherwise in writing, this Website/ APP is intended only for your personal use.
5. Access to the Website
5.1 To enable You to create a profile on the website and access certain services, make appointments, and book sessions, we may require that You provide your name, date of birth, email address, gender, and any other information that we may require from time to time (“Personal Information”).
5.2 You shall be solely responsible for maintaining the confidentiality of your profile and password and restricting access to your computer/mobile device. While MSMT shall take all reasonable steps to protect your Personal Information, you accept responsibility for any breach, unlawful access, use, compromise, or manipulation caused by your conduct, inaction, carelessness, inadvertence, or negligence. You are to notify us immediately if You become aware of any disclosure, loss, theft, or unauthorized access or use of your Personal Information.
5.3 We reserve the right to revoke your access to the website at our sole discretion and without assigning any reason or giving any notice to it or per notice periods permitted in law.
6. Prohibited Uses
6.1 You agree that You shall not do the following:
6.1.1 use the Website in any manner that could damage or overburden MSMT or any network connected to MSMT’s server, interfere with any other party’s use of the Website/ APP, or
6.1.2 use the Website for any illegal or unlawful, or malicious activity, or for activities that will be deemed improper under any law in force in Nigeria, which includes but is not limited to money laundering, financing of terrorism, fraud, racketeering, amongst others; or
6.1.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; or
6.1.4 access or use (or attempt to access or use) another user’s profile without permission or solicit another user’s login information.
6.1.5 to reverse or engineer any portion of the Website.
6.1.6 to remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website
6.1.7 to record, process, harvest, collect, or mine information about other users.
6.1.8 to otherwise attempt to interfere with the proper working of the Website.
6.2 You agree that we may take civil or criminal actions against You if we have reason to believe that You have used or attempted to use the Website in any manner prohibited above.
7. No Medical Advice
7.1 Save for the advice from the service providers further to any information and content provided by MSMT on the Website is for personal and informational purposes only, and MSMT does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content you access using this Website is at your own risk.
7.2 The statements on the Website and Services accessed through the Website are not intended to diagnose, treat, cure, or prevent any condition or disease. Furthermore, the Website is not meant to serve as a substitute for professional medical advice, as the Website is solely an online store for therapy Services. Your physician or healthcare practitioner should address any medical questions, concerns, and decisions regarding the possible treatment of any medical condition. MSMT does not give or intend to give any answers to medical-related questions. MSMT does not represent itself as a physician, nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.
8. Payment Terms
Fees for therapy services will be disclosed during the booking process. Payments are processed through a secure payment gateway, and you agree to pay all charges incurred in connection with your account.
9. Cancellation and Refund Policy
Please refer to our Cancellation and Refund Policy for information regarding appointment cancellations and refunds.
10. Communication
You consent to us sending all notifications, notices, records, statements, communications, updates, records, and any other information regarding the Website and MSMT’s products and services to You (“Correspondence and Communication”) electronically. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
11. Transmission of Personal Information
11.1 Using the Website may involve transmitting your Personal Information to the third-party service provider(s). Given your right to provide consent for the transmission of your personal information, You confirm that you have read and agreed to our Privacy Policy (insert link) and that you consent to the transmission of such information.
11.2 The transmission, use, and/or analysis of your data or information shall be processed by Us in accordance with the Data Protection Act, 2023, and any other data protection regulation in force.
12. Usage monitoring
We reserve the right to access, archive, or monitor your use of this Website in accordance with the applicable laws of the Federal Republic of Nigeria. By using the Website, You accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the website, the security of the payment methods, compliance with the Terms of Usage, or for any other reason. You agree that our monitoring activities will not entitle You to any cause of action or other right with respect to the way we monitor the Website usage and enforce, or fail to enforce, the Terms of Usage. You further agree that in no event will MSMT be liable for any damages incurred by You because of our usage monitoring.
13. Copyright, Trademark, and other Intellectual Property Rights
13.1 You acknowledge that this Website and the content therein, including, and without any limitation, our trademarks, service marks, and logos, are owned by MSMT and protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights, and other intellectual property laws of the Federal Republic of Nigeria and that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future.
13.2 Accordingly, You may not copy, distribute or modify the Website or the content therein, including any text, graphics, user interface design or logos, in any manner that is likely to cause confusion except as explicitly authorised by Us in writing.
13.3 For emphasis, MSMT’s content on this website is provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MSMT. provided that you are eligible to use the website, you are granted a limited license to access and use the Website and MSMT’s content and to download or print a copy of any portion of MSMT’s content to which you have properly gained access solely for your personal, non-commercial use. MSMT reserves all rights not expressly granted to you in and to the Website and MSMT content and marks.
14. Connectivity
You agree that You are responsible for the means You use to access the Website and understand that your hardware, software, the Internet, your telecommunications service provider, and other third parties involved in connecting You to the Website may not perform as intended or desired.
15. Indemnification
You agree that using the Website is not a secure method of transmitting information that the risk of any loss of information or interception of information by any third party will be borne by You, and that MSMT and its employees and partners shall not be liable for same. MSMT shall not be liable for any damages or injuries arising out of or in connection with the use of the Website or its non-use, including non-availability or failure of performance, loss or corruption of data, work stoppage, or interruption of business, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon instructions. You will at all times indemnify MSMT from and against all actions, proceedings, claims, and demands whatsoever for or on account of or about any use of the Website and from and against all damages, costs, liabilities, charges, and expenses (including legal costs) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of this Terms of Use.
16. Termination
16.1 You acknowledge and agree that we may restrict, suspend, or terminate the Terms of Use or your access to, and use, of all or any part of the Website, at any time, with or without cause, including but not limited to any breach of the Terms of Use without prior notice to You.
16.2 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any user information, emails, or other materials that are believed to violate the Terms of Use.
16.3 Any suspension, termination, or cancellation of the Website shall not affect your obligations to Us under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their context are intended to survive such suspension, termination, or cancellation.
17. Representation and Warranties
You hereby represent and warrant that:
17.1 You have read and understood the Terms of Use;
17.2 You are at least 18 (eighteen) years of age;
17.3 Your Personal Information and any other information given to us is true, accurate, authentic, current, and complete;
17.4 You grant us the right to use your Personal Information in accordance with the Terms of Use;
17.5 You agree to comply with and be bound by the Terms of Use governing your use of the Website and You affirm that the Terms of Use are without prejudice to any other right that we may have with respect to your access to the Website under the laws of Federal Republic of Nigeria or otherwise;
17.6 You shall not assign or transfer your rights under the Terms of Use to anyone else, without our approval in writing;
17.7 your acceptance and use of Website does not violate any applicable law in Nigeria or any contract or obligation to which You are a party or are otherwise bound; and
17.8 that if You are accepting the Terms of Use on behalf of a company, organisation, or other legal entity, that You have their consent or authorisation to do so.
18. Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MSMT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO: LOSS OF GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE AND THE INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR ANY THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY.
19. Disclaimer of Warranties
MSMT provides the contents, products, and Services on its Website on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the information, content, materials, or products on the website. To the fullest extent permitted by law, MSMT disclaims all such representations and warranties, including warranties of merchantability and fitness for a particular purpose. With respect to any conditions, warranties, or guarantees that cannot be excluded under law, to the extent permitted under applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the Services supplied.
20. Third Party Service Provider(s)
In order for You to conveniently use the Website and enjoy a variety of Services, we may utilise the service of third-party service provider(s). Please be aware that MSMT is neither responsible for the services provided by third party service providers nor are we responsible for the privacy policy or practices of third-party service provider(s). PLEASE NOTE that where You do not accept the terms and conditions of a third-party service provider(s), DO NOT ACCEPT the Terms of Use. We will ensure that any change, variation, or amendments to the terms and conditions of a third-party service provider(s) is promptly communicated to You.
21. Third Party Service Provider(s) Disclaimer
You agree that this Term of Use governs only the Website provided by MSMT and not any service(s) provided by third-party service provider(s). You agree that MSMT’s decision to use the service of the third-party service provider(s) is not an endorsement of the content or services provided by the third-party service provider(s). By using the Website, You agree to use the services of third-party service provider(s) at your own risk. You agree that we do not control third-party service provider(s) and that there is no agency relationship between us and third-party service provider(s). We expressly disclaim any responsibility for any service or information provided by the third-party service provider(s), and You agree to hold us free from any liability that may arise from service(s) provided by the third-party service provider(s). MSMT does not guarantee the accuracy, reliability, completeness, or usefulness of any service(s) provided by third-party service provider(s). We do not guarantee that the services provided by the third-party service provider(s) will be secured, uninterrupted, or free from errors. We have no responsibility for any damage that may be caused to You because of using the services of third-party service provider(s). You agree that any claim, controversy, complaint, or dispute arising out of or in connection with the service(s) of a third-party service provider shall be resolved in accordance with the terms and conditions of such third-party service provider.
22. Disclosures
You agree and expressly consent that MSMT may in its absolute discretion disclose any information in its possession relating to the Website at any time including your user profile details to any other party, government agency or institution under local or international laws and any other laws to comply with its obligations pertaining to the provision of the services.
23. Governing Law and Dispute Resolution
23.1 The Terms of Use shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.
23.2 You agree that any claim, controversy, complaint, or dispute arising out of or in connection with your use of the Website (‘Dispute’) shall be resolved by mutual consultation between You and MSMT only. It is agreed that any Dispute which cannot be mutually resolved by the Parties within 30 (thirty) days of parties taking steps to resolve the Dispute shall be resolved by arbitration in accordance with the Arbitration and Mediation Act, 2023. The parties shall jointly appoint a sole arbitrator. Where the parties are unable to agree on the choice of an arbitrator within 14 (fourteen) days from when the party giving notice has requested that the matter be referred to arbitration, any party may apply to the Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch) to appoint an arbitrator. The place of arbitration shall be Lagos State, Nigeria and the proceedings shall be in English Language. The resulting arbitral award shall be final and binding and judgment upon such award may be entered in any court having jurisdiction thereof. Notwithstanding the above, You hereby agree MSMT reserves the exclusive right, at its option, to institute legal proceedings regarding any Dispute in any Nigerian court of law.
24. Severability and Miscellaneous Provisions
24.1 If any provision of the Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be fully enforced, and the remaining provisions shall remain in full force and effect. The failure of a party to enforce any right or provision of the Terms of Use will not be deemed a waiver of such right or provision.
24.2 You shall comply with all laws, rules and regulations of any governmental authority or agency which govern or apply to the operation and use of the Website.
24.3 MSMT may assign its rights and obligations under the Terms of Use or any rights hereunder without your consent. The relationship of the parties under the Terms of Use is that of independent contractors, and the Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other.
24.4 If there are other websites and resources linked to the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.
24.5 Please note that we may revise and update these Terms of Use from time to time in our discretion. Your use of this Website is governed by the version of the Terms of Use in effect on the date the website is accessed by You. We reserve the right to amend, change, vary or alter the Terms of Use at any time with or without notice to You. If You access or use the website after the amended Terms of Use has been published, You will be deemed to have agreed to the Terms of Use as amended, changed, varied, or altered.
25. Contact Us
25.1 All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@themsmt.com