Terms for therapists

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 profiles with us and provide 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.

 

Background

A.     Mindsum provides a digital platform that connects children, young people and their parents or carers (clients) to a network of registered and qualified health and mental health professionals to obtain guidance, counselling and therapy services.

 

B.     You confirm and warrant that you are providing your service in the course of a business, trade or profession.

 

C.    The clients who access the Mindsum Platform are allowing us to connect them with you for the purpose of obtaining guidance, counselling and therapy services.

 

D.   The parties have agreed that we will allow you to use our Website to advertise your services on our platform and all information submitted by you must be in accordance with these terms and conditions.

 

E.      At no time will a contract come into existence as between us and the client. Any contract formed with the client for guidance, counselling or therapy services will be solely between you and the client.

 

F.      To register with us, you must:

 

●         Be over the age of 18 years old.

 

●         Have had appropriate training and education in clinical or counselling psychology (or equivalent) or in any other area that is relevant to the role under which registration to Mindsum is being made.

 

●         Have current and valid registration(s) with UK professional bodies (e.g. BACP, BABCP, UKCP, ACP, HPC or HCPC).

 

●         Have substantial experience working with children and young people, with a minimum of 3 years post-qualification experience.

 

●         Have a valid DBS certificate.

 

●         Have a valid individual malpractice liability insurance.

 

●         Ideally be involved in continuous professional development activities.

 

●         Have appropriate equipment to undertake online or remote work (e.g. telephone, reliable internet connection, webcam).

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, OldTrafford, M16 0LJ;

“the Website” means www.mindsum.app;

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

“Clients” means children, young people and their parents or carers who access the platform to receive guidance, counselling or therapy services;

“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 not directly employed by Mindsum, accessing the Mindsum Platform as a provider of guidance, counselling or therapy services and;

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

3.    Supply of Services

The Service that we supply is limited to the registration and introduction of Clients and Independent Providers. As an Independent Provider registered with Us You confirm that You are completely independent of Us in respect to the services You provide to a Client including (but not limited to) the delivery of clinical treatment, treatment planning, clinical decision making, risk assessment (i.e. the client being at risk to themselves, others or in need of crisis services and raising safeguarding issues to relevant local parties) and it is the Independent Provider’s responsibility to refer Clients to any other local or other body/authority or support service if, in the Independent Provider’s opinion, this is identified as being necessary.

While all Clients need to register with Us to book a therapy session, it is ultimately the Independent Provider’s responsibility to assess if the Client is appropriate for online based treatment. If at any point in the process of treatment from the free initial consultation through to the end of therapy the Independent Provider assesses that the Client is unsuitable for online based therapy, the Independent Provider should make it clear to the Client their rationale and make alternative recommendations or referrals for the Client. Clinical issues should be discussed within supervision, according to the guidelines stipulated by the Independent Provider’s professional body(ies).

4.   Registration

Upon completion of the registration form, We will ask You to Provide Us with verification information regarding Your business including but not limited to, identification, qualifications, work experience, work history, accreditations, a valid DBS certificate, proof of appropriate insurance, contact and payment details.

The submission of Your application will constitute an offer by You to use the Mindsum Services on the terms of this agreement. We may accept or reject an application at Our discretion.

5.    Delivery of service

Once Your application has been accepted, and You have provided Us with Your profile details and a suitable photograph, We will upload these onto the Website, usually within 24 hours of receipt.

If You breach any of the terms of this agreement We may at Our sole discretion:

●         terminate this Agreement;

●         refuse to accept any subsequent applications from You;

●         recover from You all losses, damages, costs and expenses incurred by Us arising from Your default.

●         We will not be liable for any delay in or failure of delivery to the extent caused by:

●         your failure to provide Us with the necessary information to provide Our services or to provide Us with the appropriate instructions for supply or otherwise relating to Our services and;

●         an event of force majeure.

 

6.    Initial free consultation

You agree and acknowledge that You will offer, without any charge, an initial consultation to Clients. The duration and content of the free initial consultation will be at Your sole discretion.

The free initial consultation will give You the opportunity to:

 

●         decide whether the client is suitable for Your services;

●         have a brief understanding of the client’s presenting problem and;

●         agree on the preferred method of communication (e.g. Zoom, Skype or another preferred video platform);

 

7.    Founding members

All Independent Providers who have signed up on the Mindsum Platform as founding members will benefit from free life-time access to the platform. This is in recognition of their contribution to the development of the platform.

Founding members are exempt from any fees associated with the delivery of their services through the Mindsum Platform.

8.    Fees

You agree to pay the fees that are applicable (and may be subject to change) as are agreed between You and Us.

We reserve the right to change the fee from time to time and the rate will be applicable upon all sessions that take place after notification by Us to You of the change in fees.

All fees remitted from Your payment is used by Us for the purpose of funding access to the Mindsum Platform for children, young people and parents who are not able to afford the service.

 

9.    Payment

All Fees will be deducted by Us directly from the Client’s payment. You must not accept direct payments from Clients on the Mindsum Platform. Payments made by the Client will be accepted by Us only as set out in the Client terms and conditions.  

To confirm the booking of a session, We recommend that Clients book at least 24 hours in advance before the first session is due to start, unless otherwise agreed between You and the Client. Payment will be deducted by Us through the client’s payment information.

Within 10 working days of Our receiving of payment, We will pay You by way of bank transfer. You are solely responsible for ensuring that the banking information You provide to Us is correct.

You agree that Clients will not be liable to make payment for any session where they have provided 24 hours notice of cancellation and understand that the Clients are not obliged to provide any explanation for cancellation.

Clients will be obliged to make payment for a Session where they provided a cancellation notice that is less than 24 hours before the session start time.

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.

10.      Independent Provider’s Conduct

When using the Mindsum Platform for the purpose of providing guidance, counselling and therapy services, You must exercise a reasonable standard of care including, but not limited to, confidentiality obligations, and other obligations of good practice that is equivalent to a traditional in-person interaction with Clients as mandated by Your profession and regulatory body. You will not:

●      provide to Clients any services which may not be lawfully or ethically rendered or provided through the Mindsum Platform according to the laws, regulations and ethics that apply in your jurisdiction;

●      provide services on the Mindsum Platform for any Clients presenting with an emergency. For emergency matters and issues you agree to advise theClients to immediately call 999 or to go to the emergency department as soon as possible;

●      engage in the practice of medicine through the Mindsum Platform, including, without exception, prescribing or dispensing any medications and;

●      not use this Platform to solicit any illegal or unethical activity or other activity which infringes Our rights or the rights of others. This includes promoting other legitimate business activities or selling any products whatsoever, regardless of the legality of the products.

11.           Disclaimer of warranty

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.

You warrant that You will;

●         Ensure that, both in relation to the Mindsum Services and generally, comply with all statutory requirements relating to the provision of Your services in the country in which the Services Contract is performed, and if performed in the United Kingdom specifically pursuant to English Law including (but not limited to) the following:

                 - Consumer Rights Act 2015

                 - Data Protection Act 1988

                 - General Data Protection Regulations

                 - Consumer Contracts (Information, Cancellation andAdditional Charges) Regulations 2013; and any other information which You are obliged to give consumers under UK law and that all services provided will comply with a Client’s legal rights as required by the laws of the United Kingdom or the country in which the Services Contract is completed, and You will adhere to all professional body Codes of Conduct, and other Codes of Conduct that apply to You and/or the services being offered.

●          Ensure that Clients are fully aware of Your own terms and conditions, and policies, pricing of the services to be supplied, the medium for delivery of the services to be supplied and other relevant information.

●         Read the terms and conditions from time to time that apply to the Client's use of the Website so that You remain fully aware of what terms the Clients are entering when using the Website.

●         Ensure that, in line with client confidentiality, all Sessions take place in a secure and confidential manner, whichever medium is chosen to undertake sessions.

●         Be responsible for providing and maintaining all computer equipment and software necessary for You to access the service.

●         Be solely responsible for any data, information or advertising material submitted by You on our Website or to Us in connection with the Mindsum Service, including, but not limited to, making it clear to Clients that You are acting in the course of a business or profession.

●         You shall, at Your own cost, be responsible for obtaining (or obtaining relief from any requirements for) all regulatory approvals which You are required to obtain.

●         To ensure that all information that you submit to Us to place on the Website, or that is provided to the Clients directly are true and accurate and that any information provided does not unlawfully discriminate on grounds of age, sex, race or religion.

●         You Comply with all income and other tax and VAT legislation in force within the country in which You reside, or the Services Contract is performed.

●         You Inform Us immediately of any change in Your professional status, memberships or of any factor that it is reasonable to assume would affect Your Registration with Us.

●         You agree to the Client providing Us with feedback in regards to the services provided by You. We reserve the right, without notification, to allow Clients to leave feedback by way of star ratings on Your profile based on specific attributes, when such a facility is available.  

12.           Limitation of liability

Under no circumstances will we be held liable to You for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic advantage.

You acknowledge and agree that We disclaim any liability in relation to any claim, suit or action brought by a client in connection with provision of any Provider Services by You, including but not limited to representations by You as to Your qualifications and counselling or therapy services provided through the Platform. The Provider agrees to indemnify and hold Us harmless in connection with any such claim and any damages or expenses arising therefrom.

You will be solely responsible for any agreements You choose to make with a User. We will not be responsible or liable in any way for any agreement made between yourself and a Client or for enforcing any such agreement, including but not limited to any agreements in relation to usage of the Platform in any way other than offered and suggested on the Platform. Any agreement You choose to engage in with a Client is at Your sole responsibility and entire risk.

You acknowledge that You will be solely responsible and liable for any damages to any client to whom You provide services and to any client who suffers damages arising from or connected to such services that You provided to that client. In the event of a dispute regarding any interaction conducted through the Mindsum Platform, You hereby release Us from all manner of actions, claims or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and other legal fees, which You may have against one or more of the above.

We shall not be liable to You or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

We explicitly disclaim any liability with respect to any claim, suit, or action made by a client. You agree to indemnify, defend and hold Us harmless with respect to any such claim.

13.           Indemnity

You will indemnify Us and hold Us harmless from and against any losses, damages, liability, costs and expenses (including professional fees) incurred by it as a result of any action, demand or claim:

●         that You are in breach of any applicable laws as a result of any act or omission of yours;

●         made against us by a third party (including a Client) arising from any defect in the services provided by You or by Your breach of this Agreement and;

●         that is in breach of the Advertising Code of Conduct or any other advertising codes of conduct.

14.           Advertising

The information You provide in or through the Platform including, but not limited to your name, photograph, information about your area of expertise, experience, specialities, qualifications, registration and accreditations may, with your full consent, be used or provided to third-party websites for the purpose of promoting the services on the Mindsum Platform.

15.           Information on the website

We provide information about children and young people’s mental health for use as information or for educational purposes. We have no liability or responsibility as to the accuracy, reliability or completeness of such information. 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.

16.           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.

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

●         to review a complaint about a particular issue/instances made against You by a client;

●         for the client’s safety concerns or complaints of unethical practices by You;

●         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 our code and technology security as well as our policies and procedures around data security.

17.           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 5working 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

18.           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.

19.           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: 20 April 2021