1. Terms and Conditions

The following is the Terms and Conditions Agreement (the “Agreement”) which governs your access and use of our online platform, Gong Sum Si, through which counselling/training service may be provided (collectively the “Platform”). This website is owned and operated by Childhood Is Limited.  

By accessing and using the Platform, you are entering this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement, you must not access and use the Platform. 

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”). 

2. The Service

The Platform may be used to connect you with a provider (“Counsellor”) who will provide services to you through the Platform (“Counselling Services”)

Counsellors

We require every Counsellor providing Counselling Services on the Platform to be an accredited or licensed clinical psychologist, therapist, or counsellor (i) with relevant experience.

On top of that, (ii) we make it compulsory for each and every Provider on the Platform to follow our Privacy Policy, internal policy and regulations so long as they are with us.

Counselling Services

The Counsellors are independent contractors who are neither our employees nor agents nor representatives. Our role is limited to administering the Platform. The Company does not provide Counselling Services and is not a healthcare entity. The performance of the Counselling Services remains the responsibility of the Counsellors. The Counselling Services may be delivered through face-to-face meetings or via online or phone meetings. If you feel that the Counselling Services provided by the Counsellor do not fit your needs or expectations, you may inform us to change to another Counsellor who provides services through the Platform. 

While we hope the Counselling Services can benefit you and satisfy your needs, you understand, agree and acknowledge that they may not be an appropriate solution for everyone’s needs and that it may not be appropriate for each and every specific circumstance. In the case of Counselling Services provided online or through phone calls, you understand, agree and acknowledge that they may not be a substitute for certain mental health needs that might require face-to-face counselling and/or coaching services. 

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, CALL 999 IMMIDEATELY. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELLORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. IF YOU PROCEED TO USE THE PLATFORM NOTWITHSTANDING THIS NOTICE, YOU DO SO ENTIRELY AT YOUR OWN RISK. 

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.  

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM. 

3. Refund, Cancellation and Amendment

Any request for rescheduling appointments must be made at least [48] hours prior to the scheduled start time of the session. A rescheduling request made within [48] hours before the appointment shall not be entertained, except in cases of illness, which must be supported by an appropriate medical certificate. Rescheduling is only permitted to a date within one month from the original appointment date, and the user is only permitted to reschedule one time for each appointment. In any event, all the payment made is not refundable. 

 Any request for cancellation of a scheduled appointment must be made at least [7] days prior to the scheduled start time of the session. All cancellations are subject to a 5% cancellation fee. If a cancellation request is made less than [7] days prior to the start of the appointment, the full session fee will be charged. 

 We only tolerate a duration of at most [15] minutes for latecomers and the session will not be extended to make up for the duration. Once 15 minutes have passed, it is deemed that the user is “No Show” for the session. If the user fails to arrive within [15] minutes after the session’s scheduled start time, the Counsellor shall leave and the session will be charged in full. 

If the Counsellor is absent due to a case of an emergency, the user will be contacted by our staff to explain the situation and reschedule the session. The user may choose to reschedule the session to a date within one month from the original appointment date. All payment made is not refundable.

Bad Weather Arrangements 

For users aged 18 years or above, if a Black Rainstorm Signal is hoisted, T8 or above is hoisted, or “extreme conditions” is hoisted within three hours before the session, all sessions will be cancelled automatically. The user has the option to reschedule to a date within one month from the original appointment date, or switch to an online or phone meeting upon agreement with the Counsellor. 

For users aged under 18, if a Red or Black Rainstorm Signal is hoisted, T3 or above is hoisted, or “extreme conditions” is hoisted within 3 hours before the session, all sessions will be cancelled automatically. The user or his/her parent/guardian has the option to reschedule to a date within one month from the original appointment date, or switch to an online or phone meeting upon agreement with the Counsellor. 

4. Privacy and Security 

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at gongsumsi.com.hk/privacy-policy-3 (The ‘Privacy Policy’). 

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY. 

5. Intellectual Property

The Platform, the website gongsumsi.com.hk and all rights, title, and interest, including all related intellectual property rights therein (including, without limitation, copyright, patents, trademarks and database rights, whether registered or not) are owned by the Company solely and exclusively. This Agreement is not a sale and does not convey or grant you any rights in or related to the Platform, or any intellectual property right owned by the Company. 

Subject to your compliance with these Terms, Child is Limited grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform solely in connection with your use of the Counselling Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Counselling Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Company. 

6. Third Party Content  

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, services, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content. 

7. Disclaimer of Warranty and Limitation of Liability  

To the maximum extent permitted by law, you hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the Platform and/or the Counselling Services, including (but not limited to) any act, advice, information, omission, opinion, response, suggestion, information and/or service of any Counsellor and/or any other content or information accessible through the Platform. 

You understand, agree and acknowledge that the Platform and the Counselling Services are provided “as is” without all express or implied warrant of any kind, including (but not limited to) accuracy, fitness for a particular purpose, merchantability, non-infringement, or security. Using the Platform and the Counselling Services is at your own risk. To as far as the law possibly allows, we expressly disclaim all warranties of any kind, expressed or implied. 

You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages. 

You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this Agreement and any and all use of the Platform and the Counselling Services will not exceed the total amount of money paid by you through the Platform in the 2 months period prior to the date of the claim. 

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement. 

8. Your Conduct and Representations  

You hereby confirm that you are legally capable to consent to use the Platform and to receive Counselling Services, and that you are legally capable to enter into a contract.

Minor Consent: Where consent from a parent or guardian is required to receive Counselling Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Counselling Services for the minor seeking counselling or therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Counselling Services remains valid until your account is cancelled or terminated.

You hereby confirm and agree that all the information, in particulars, any contact details and emergency contact that you provided, or will provide, in or through the Platform and/or throughout the Counselling Services, is accurate, complete, true and not in any way misleading. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, complete, true and not in any way misleading. The provision of incorrect or incomplete information may render us unable to provide appropriate Counselling Services to you and we reserve the rights to suspend or terminate your account without compensation.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password. 

You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security. 

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, with or without your knowledge and/or consent. 

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person (whether authorised by you or not), and you agree to fully indemnify us for any such damage or loss. 

You agree and commit not to use the account or Account Access of any other person for any reason. 

You agree and confirm that your use of the Platform and/or the Counselling Services, is for your own personal use only and that you are not using the Platform and/or the Counselling Services for or on behalf of any other person or organisation. 

You agree and commit not to (or attempt to) interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, including (but not limited to) obtaining unauthorised access to the aforementioned. 

You agree and commit not to make any use of the Platform for communicating (through delivering, sending and/or posting) any: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; and/or (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law. 

You agree and commit not to violate any applicable local law, statute, ordinance, rule, regulation or ethical code in any jurisdiction in relation to your use of the Platform and the Counselling Services. 

If you receive any file from us or from a Counsellor, whether through the Platform or not, you should be responsible for checking and scanning this file for any virus or malicious software prior to opening or using this file.

You will fully indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of, or relating to, any: (a) your access to or use of the Platform or account; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement or policies of our Company ; (d) non-payment for any of the services (including the Counselling Services) which were provided through the Platform; and/or (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, correct and up-to-date and will continue to be accurate, correct and up-to-date. 

You agree to pay all fees and charges associated with your usage of the Counselling Services on time [either on a single-use basis or according to our subscription plans] prior to using the Counselling Services. By providing us with your Payment Means you authorise us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information. If there is any transaction fee charged for using any Payment Means, you will be required to bear the transaction fees.

You shall not directly engage the Counsellors without using the Platform.

In the event that you directly deal with or otherwise engage with any of our co-operating Counsellors, we shall claim the service fee against you for any service provided by the Counsellor to you without using the Platform. We shall not be responsible for matters, disputes or losses and damages for any such direct dealings between you and Counsellors.

9. Modifications, Termination, Interruption and Disruptions to the Platform  

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform or your account, any part of the Platform or your account, or the use of the Platform or your account, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. 

While we make commercially reasonable efforts to ensure the accessibility and reliability of the Platform, you understand and agree that no platform can be 100% accessible and reliable and so we cannot guarantee that access to the Platform or your account will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times. 

10. Notices  

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of notification or posting shall be deemed the date on which such notice is given.

Notices sent to us must be delivered by email, by phone call, or by hand. We are not considered as having received your instructions or communications unless they are given in such a manner as we may specify from time to time and after we have actually received them. Instructions or communications sent by you to us will be considered as having been received by us on the day of actual receipt.

11. Comments/Complaints

Should you have any comments and/or complaints about the Counselling Services or the Platform, please send us a message particularising your experience with us within 14 days from the date you received your Counselling Services.

12. Miscellaneous  

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Hong Kong Special Administrative Region, excluding any rules governing choice of laws. 

This Agreement together with our Privacy Policy, Application Form, and other documents as referred constitutes the entire agreement and understanding between you and us and supersedes all prior and contemporaneous agreements, understandings, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the Platform and/or the Counselling Services inconsistent with any of the terms hereof. 

We may change this Agreement by posting a revised version on the Platform. Unless we specify otherwise, all modifications shall be effective upon posting. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform or accessing your account after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must stop using the Platform or account and the Counselling Services.

We may freely transfer or assign the rights and obligations under this Agreement without your consent. 

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the concerned provision shall be severed from these Terms and the remaining provisions of this Agreement will remain in full force and effect. 

All clauses on limitations of liabilities and indemnification are to survive the termination or expiration of this Agreement. 

Last updated:  23 Dec 2024