Terms for clients

This agreement sets out the terms and conditions in relation to your Registration with us on our Website, the services we will provide and the terms on which you may set up a profile with us and access guidance, counselling or therapy services.

 

This agreement must be read in conjunction with our General Website Terms & Conditions and Privacy & Cookies Policy.

 

Please read these terms carefully before you start to use the Website or register with us. By registering with us you indicate that you have read and understood and accept these terms, the General Website Terms & Conditions and our Privacy & Cookies Policy and that you agree to be bound, without limitation or qualification to all of those terms.

Mindsum reserves the rights to change or update these Terms and conditions at any time by updating this webpage. Your continued use of this Website after changes or updates have been made will be taken to indicate that You have read and accepted those changes. You must not use the Website if you do not accept these changes or updates. Users of the website should read the information set out below before using the Website and periodically thereafter.

 

Background

A.  Mindsum provides a digital platform that connects children, young people and their parents or carers (clients) to registered and qualified health and mental health professionals to obtain online guidance, counselling and therapy services. Any therapy or counselling services delivered is provided by independent providers and not us.

 

B.   Clients might choose to connect to our Peer support workers through the platform, whose roles are limited to providing basic support through empowering clients towards recovery, information forwarding, signposting and introducing and explaining the way the Mindsum platform works.

 

C.  The Mindsum Platform IS NOT SUITABLE FOR THOSE IN CRISIS. IF YOU ARE CONTEMPLATING SUICIDE OR BELIEVE YOU ARE AT RISK OF HARMING YOURSELF OR OTHERS OR YOU BELIEVE THAT ANOTHER PERSON IS AT RISK OF DANGER PLEASE CONTACT THE EMERGENCY SERVICES BY PHONING 999 OR GOING TO THE HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT.

 

D.  At no time will a contract come into existence as between you and Mindsum for online guidance, counselling and therapy services. Any contract formed with an independent provider will be solely between you and that independent provider.

 

E.   You must be over the age of 16 to register with us. If you are under the age of 16, you must ask a parent or guardian to register with us and both you and that parent or guardian will be subject to these terms.

 

1.   Definitions

In the context of these Terms and Conditions, the following words have the following meanings, unless the context otherwise requires:

"Mindsum" means Mindsum CIC (“We”, “Our” or “Us”), a company limited by guarantee, registered number 12646513. Mindsum is incorporated in England and Wales with its registered office at Apartment 29, 37 Seymour Grove, Old Trafford, M16 0LJ;

“the Website” means www.mindsum.app;

 

“Registration” means your registration with Us to allow you access to the Platform provided by Us;

“Mindsum Platform” or “Mindsum Service(s)” means the Website and the Mindsum mobile apps (“App”);

“Content” means any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Mindsum Platform;

“You” or “Your” means the individual, firm, company, or organisation accessing the Mindsum Platform and;

“Independent Providers” means health and or mental healthcare providers not directly employed by Mindsum, who may provide services to You through the Mindsum Platform.

 

2.  Use of the Mindsum Platform

You agree not to access or use the Mindsum Platform in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorised access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Mindsum nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

2.1 Registration

In order to use Our services, You will be required to complete a Registration form, so We can use Your information to give You access to guidance, counselling and therapy services through Our Platform. By registering with Us, You agree to inform Us should Your contact information change.

 

You agree that the information You provide to Us, including during Registration and any information You subsequently share with Us, will be accurate, true and complete. This information includes (but is not limited to) name, address, phone, number, email addresses, age and payment information.

By registering to use Our services provided on the Website You agree that:

●    you have read, understood and agree to all of the terms set out in this Agreement (and all other Terms referred to as if they were set out in full within this Agreement);

●    you are over the age of 16 and/or that You have the legal capacity to enter into and be bound by these terms, or, that you are a parent/guardian of someone under the age of 16;

●    you understand that we are only acting as a platform and that any agreement or contract between You and the Independent Provider is only between You and the Independent Provider;

●    you agree that the information You provide to Us, including during Registration and any information You subsequently share with Us, will be accurate, true and complete. This information includes (but is not limited to) name, address, phone, number, email addresses, age and payment information;

●    you will keep any username and password that we supply to You private and shall not allow another person to use those details to introduce You to Independent Providers via the Website and;

●    The medium through which any therapy sessions are to take place (face to face, phone, Skype etc.) will be as agreed between You and Your Independent Provider.

 

2.2 Initial free consultation

The first initial consultation with an Independent Provider will be free of charge. This will take place by way of remote access (e.g. telephone, live video calling, Zoom, Skype) as agreed with the Independent Provider.

 

You agree and acknowledge that the duration and content of the free initial consultation is at the sole discretion of the Independent Provider offering the service.

 

The free initial consultation will give You the opportunity to:

 

●    meet with and speak to Your preferred Independent Provider;

●    check You are comfortable with Your Independent Provider;

●    discuss more details about Your preferences;

●    allow for a brief understanding of the problems You are facing and want to address in therapy and;

●    decide whether You want to stick with the Independent Provider or search for another provider.

 

2.3 Peer Support sessions

You might choose to speak to a Mindsum Peer Support Worker for general support and or guidance on how to use the Mindsum platform.

 

You agree and acknowledge that sessions with Peer Support workers are not intended as a substitute for the therapy or counselling services that You would receive from Independent Providers on the Mindsum platform.

 

The number of free sessions You can have with Peer Support Workers are limited to 4 sessions. You can have up to 6 sessions if You are registered for Universal credit. Any additional sessions with a Peer Support Worker at Your request will require a payment fee of £10 per session.

2.4 Booking a therapy session

To confirm booking of a session, We recommend that You book the first session at least 24 hours in advance, unless otherwise agreed with Your Independent Provider.

 

When you book a session with an Independent Provider You agree and acknowledge that there is no guarantee that the Independent Provider will accept You as a client. Independent Providers may decide that online therapy services are not appropriate for Your needs or that the particular services they offer are not appropriate for your treatment needs and it is their right to elect not to continue with treatment at any point. The provision of the Independent Providers service to You is at the sole discretion of the Independent provider. We cannot and will not be held liable for any loss or damage arising from non-compliance with the above requirements.

 

2.5 Payment

All payments are to be made directly through the Mindsum Platform. No payments should be made directly to the Independent Providers on the Website.

 

The cost of each Independent Provider varies and some charges may be subjected to VAT. Independent Provider's costs are displayed on their profile, which could vary depending on how and where they are providing their service.

 

You agree to pay all the charges associated with Your use of the Mindsum Platform to book therapy sessions with Independent Providers on a timely basis and according to the fees scheduled, the terms and the rates published by the Independent Provider who will provide You their services. By providing Us with Your payment means (i.e. bank card) You authorise Us to charge You through that payment means and You agree to maintain valid payment means information in Your account information.

 

Part of Your payment for the use of Mindsum Services is remitted to the Independent Provider for the direct therapy or counselling services provided to You. Mindsum only participates in taking a percentage of Your payment for the purpose of funding access to the Mindsum Platform for children, young people and parents who are not able to afford the service.  

 

If you have any concerns about a bill, payment or donation, please contact Us immediately by sending an email to info@mindsum.org. We will evaluate Your issue on a case by case basis and, at Our discretion, take steps to resolve any issue where possible.

 

2.6 Cancellation

You agree, confirm and acknowledge that in the case that You need to cancel an appointment, You will do so at least 24 hours prior to the appointment time by means of the cancellation button on the Mindsum Platform. If You fail to give prior notice of cancellation before 24 hours, You will be charged for the full cost of the session.

 

3. Limit of relationship

You agree and acknowledge that Your relationship with the Independent Provider is strictly between You and the Independent Provider. Mindsum is not involved in the Provider-client relationship and does not interfere, validate, or control the Independent Provider’s treatment unless advocating on Your behalf when following up on a particular complaint.

By using this Website and registering to use the Website, You agree and accept that no legal relationship is created between You and Us in regards to the services provided by the Independent Providers.

We are not liable for any information given on the Website or directly to You by an Independent Provider or for any services (lack thereof or failure to meet legal requirements) provided by an Independent provider.

We make no representations or guarantees as to the services offered by the Independent Providers. Whilst We vet the qualifications, training and registration of the Independent Providers We do not vet the actual services offered by the Independent providers and We do not in any way endorse their services and We cannot guarantee the Independent Provider’s ability to deliver results. Ultimately, it is for You to choose whether You wish to proceed with Independent Providers after We have matched you.

 

4. Disclaimer of warranty and Limitation of liability

The platform depends on various factors such as software, hardware and tools, either Our own or those owned and/operated by Our contractors and suppliers. While we make reasonable efforts to ensure that the Mindsum Platform is reliable and accessible, You understand and agree that we cannot guarantee that Our Websites and App will be uninterrupted or error-free, or that the Website and App or Your use of it will be free of viruses or harmful material. You are responsible for ensuring that Your computer and other devices are suitable to use the Mindsum Website and App.

In the event of any problem with the Mindsum Service or any of its Content, You agree that Your sole remedy is to cease using the Mindsum Service. Under no circumstances shall Mindsum, any Mindsum licensor or supplier, or any third party who promotes the service or provides You with a link to the service be liable in any way for Your use of the Mindsum Service or any of its Content, including, but not limited to, any errors or omissions in any Content, any infringement by any Content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any Content.

Under no circumstances shall Mindsum, its licensors or suppliers of non-medical/mental healthcare services or any third party who promotes the service or provides You with a link to the service, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on Your computer or otherwise) arising from or in connection with Your use of Mindsum Platform or Service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Mindsum or they have been advised of the possibility of such damages.

5. Information on the website

We have no responsibility for information on the Website given to Us by Independent providers and We have no liability or responsibility as to the accuracy, reliability or completeness of such information. We may provide You with a range of Independent Provider profiles as part of the selection process. Independent Providers are solely and exclusively responsible for the content of their profiles and we expressly disclaim any and all liability for the content displayed on the Independent Provider profiles, including, without limitation, the accuracy or reliability of information contained therein.

We provide information about children and young people’s mental health for use as information or for educational purposes. Other than the guidance and advice You receive directly from Your qualified provider, the educational, graphics, research sources and other incidental information on the Website, the Content, should not be considered as a substitute for professional advice, diagnosis, or treatment. You should always talk to a fully qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for You. None of the Content on this Website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for You. We do not endorse any specific tests, medications, products or procedures.

If You are a medical or healthcare professional, then You shall not rely on the Content included on this Website for clinical decision making. The Content on this Website is intended for general informational purposes only. We do not accept any liability which arises out of or in connection with your reliance on the Content of this Website.

6. Privacy & Security

We process information about You in accordance with Our Privacy and Cookies Policy. By using the Mindsum 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.

We will process Your information for the following purposes:

●    to administer Your account on Our platform;

●    to provide You with use of and personalised visits to the Mindsum Services;

●    to better understand how users interact with and use the Mindsum services;

●    to enhance Our customer services;

●    to improve Our security measures;

●    to process, or request payments;

●    to respond to your questions or comments;

●    to provide You with information relating to Mindsum, or that we feel may be of interest to You;

●    delivering newsletters;

●    ensuring You are on the correct, age-appropriate mailing list(s) and that we have parental consent where required by law and;

●    to contact You.

You affirmatively consent to the fact that Mindsum support staff will, as needed, review Your profile and or particular interactions between You and Independent Providers for the following purposes:

●    to review Your complaint about a particular issue/instances that You report about Your Independent Provider;

●    for Your safety concerns or complaints of unethical practices by an Independent Provider;

●    if You are encountering issues with Your account or Your account is inactive or non-responsive for an extended period of time and;

●    if instructed by the court of law, competent authority or regulatory body to investigate any matter as stipulated by the law.

 

Mindsum is cognisant and respects the formal promulgation of the existing UK GDPR data privacy regulations. The basic tenants of the promulgated UK GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data:  Mindsum does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered users.

Access to data: At Mindsum, You have the ability to access Your shared data (Your personal information, Your emergency contact information and all Your interactions with Your Providers) and use it as You wish.

Information Security: At Mindsum, We have implemented technical and organisational security measures. Such measures include limiting access to personal information only to employees and authorised service providers who need to know such information for purposes described in the privacy policy and the privacy and security section on this page, as well as other administrative, technical and physical safeguards.

Notice/Audit: At Mindsum, we will provide our users notice of any data breach and we employ a full-time security Officer, as well as engaging a third-party security firm to periodically audit both or code and technology security as well as our policies and procedures around data security.

 

7. Complaints

We hope that You will be happy with the service provided within our Website. If You have a concern to discuss, You can call Us on 0161 250 6223 to discuss more about the issue.

 

If You would like to make a formal complaint, We will ask You to include all the relevant information in an email or letter with the subject marked ‘Complaints’ in the heading or on the envelope.

All complaints, whether verbal or written, will receive a full response within 5 working days from when We receive it, to show that Your concerns have been acknowledged by Us. We will provide a solution where applicable, otherwise We can only provide an apology and explain ourselves.

 

Our contact details:

Call us on 0161 250 6223

Email us at help@mindsum.org

Write to us at:

Mindsum

Apartment 29

37 Seymour Grove

Old Trafford

Manchester

M16 0LJ

8.  Link to other websites

When You access any other website through the Mindsum Website and App You understand that it is independent from the Mindsum organisation and that We have no control over any third party websites or the services offered through it.

9.  Termination

We may suspend or terminate Your access to the Mindsum Platform and Services at any time, for any reason or for no reason at all. Mindsum has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, at Our sole discretion. We reserve the right to change, suspend, or discontinue all or part of the Mindsum Platform and Services, temporarily or permanently, without prior notice.

 

You may terminate Your account at any time by using the ‘Delete my account’ button on Your profile page. We will delete your account details We hold on You from Our database.

 

10. Governing law and jurisdiction

This agreement and any dispute or claim arising out of, or in connection with, its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales.

You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

 

Last Updated: 04 June 2021.