My Therapist Online - Client Terms & Conditions
This agreement sets out the terms and conditions in relation to you requesting information or services that are advertised on our Website.
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 Website Terms of Use, and our Privacy and Cookies Policy and that you agree to be bound, without limitation or qualification to all of those terms.
Background
A My Therapist Online provides a platform that connects people in search of therapy (Clients) to a network of affiliated mental health professionals (Consultants) to obtain online guidance, counselling and therapy services. Any therapy or counselling service delivered is not provided by us but by the Consultant.
B. My Therapist Online IS NOT SUITABLE FOR THOSE IN CRISIS. IF YOU ARE CONTEMPLATING SUICIDE OR BELIEVE YOU ARE AT RISK OF HARMING YOURSELF OR OTHERS PLEASE CONTACT THE EMERGENCY SERVICES BY PHONING 999 OR GO TO ANY HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT.
C At no time will a contract come into existence between you and us for Consultant Services. Any contract formed with a Consultant will be solely between you and the Consultant.
D. You must be over the age of 18 to register with us. If you are under the age of 18, you must ask a parent or guardian to register with us and both you and that parent/guardian will be subject to these Terms.
1 Definitions and interpretation
In this Agreement, unless the context requires otherwise:
Consultant means the person or company who is registered with us and advertising its services on our Website;
Consultant Services means the services supplied to you by a Consultant;
Force Majeure means an event or sequence of events beyond reasonable control preventing You or Us delaying from performing any obligations under this Agreement;
Registration means your registration with us to allow you to access the Platform provided by us;
Platform means the services provided using this Website;
Site means the use of this site to obtain access to Consultant;
We/Us/Our means My Therapist Online Limited, a company registered in England with company number 10456052 whose registered office is at 38 West Street, Helpston, Peterborough, England, PE6 7AY. Email hello@mytherapistonline.co.uk;
Website means www.mytherapistonline.co.uk;
You/Your means the individual or company accepting these Terms and/or the person(s) using the Consultant Services;
VAT means value-added tax, as defined by the Value Added Tax Act 1994.
2. About this Website
2.1 By registering to use the Website you can obtain information and/or request services from Consultants who appear on the Website.
2.2 Payments for Consultant Services
2.2.1 To confirm the start of any treatment, we will require you to pay us in advance for two weeks’ worth of Consultant Services at least 24 hours before your first therapy session. After your first two appointments, you will receive an end-of-month invoice for all other therapy completed during that month. All invoices must be paid within 5 working days of the date of the invoice.
2.2.2 Healthcare Insurance Policies.
2.2.2.1 If you plan to use private healthcare insurance to help you with the Consultant’s costs, then you should discuss this fully with your healthcare insurance provider. You should be aware that many insurers limit the costs that they may be willing to pay (either per session/hour or as a total cap on treatment costs) so you need to ensure that you are happy with the amount that is to be paid by the insurer. You will be fully responsible for payment of any shortfall in the Consultant’s fees.
2.2.2.2 It will be your responsibility to inform your insurer of the type and costs of treatment and to pass all Consultant details to the insurer so that they can arrange payment directly with the Consultant.
2.2.2.3 Neither we nor the Consultant will be responsible for liaising with your insurance company or dealing with any invoice enquiries raised by your insurer.
2.2.2.4 Where there is a shortfall in Consultant fees (or if your insurer makes payment directly to you), we will invoice you for such payment or shortfall and all invoices must be paid within 5 working days of the date of the invoice.
2.2.3 Outstanding or late payments for therapy may result in the delay or cancellation of planned appointments until payment has been settled. This will be at the discretion of your Consultant.
2.2.4 All payments are to be made by electronic transfer to:
My Therapist Online, Sort Code 40-01-07, Account 91754238
IBAN: GB83HBUK40010791754238
Swift / BIC: HBUKGB4105G
Please quote your name in the payment reference.
We do not accept cheques as a form of payment.
No payments should be made directly to the Consultant.
2.2.5 The cost of each Consultant varies, and some charges will be subject to VAT. The Consultant will inform you in advance of session costs, which could vary depending on how and where Consultant Services are due to take place.
2.3 Cancellation
2.3.1 Your general rights of cancellation
Under the Consumer Contracts Regulations 2013 you have 14 days starting the day after the Consultant has agreed to provide services to you in which to change your mind and cancel the contract. However, if you have agreed for the Consultant to provide their services within that 14-day period, although you can still cancel the contract with the Consultant, they will be able to charge you for any services provided up to the point that you informed the Consultant that you wish to cancel.
2.3.2 Cancellation of appointments
If you do not provide your Consultant with clear notification of cancellation of an appointment with at least 48 hours prior notice to the appointment time, or if you do not attend a session as scheduled, you will be charged for the full cost of the session. It is your responsibility to get confirmation from your Consultant in advance of your booking, that the scheduled appointment will go ahead as planned.
2.4 Registration as a Client
2.4.1 In order to use our services, you will first be required to complete a client registration form. So we can contact you with introductions to potential consultants, you will need to supply us with a current and valid email address. By registering with us, you agree to inform us should your contact information change.
2.4.2 You agree that the information you provide to us, including during registration and any information you subsequently share with us on email, will be accurate, true and complete. This information includes (but is not limited to) name, phone number, email addresses, age and payment information.
2.4.3 We will contact you initially using the e-mail address provided on registration. If we do not receive a reply back to our initial email(s), we will follow-up by text or WhatsApp message(s) using the phone number provided on registration. If you do not wish to receive our communications, you can opt out of further correspondence by informing us on email or texting STOP.
2.5 Initial Free Consultation
2.5.1 The Consultants on the Website offer an initial consultation of no more than 15 minutes, usually to take place by way of distance medium (telephone, skype, WhatsApp etc) as agreed with the Consultant.
2.5.2 The free consultation will offer you and the Consultant the opportunity to:
Meet/speak with your preferred Consultation ahead of treatment starting
Check you can engage comfortably with your Consultant before committing to any paid treatment;
Establish if therapy via Skype, FaceTime or another preferred video platform suits you and your Consultant;
Allow for a brief initial understanding of the problems you want to address in therapy.
No actual advice will be offered by the Consultant during this consultation.
2.6 We reserve the right to withdraw or amend the service provided on this Website without notice. We shall not be liable if for any reason our Website is not available at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, if required. We aim to update the Website regularly and may change the content at any time. We may therefore have to suspend access to the Website if necessary.
2.7 You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them. In order to use the Website properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.
2.8 We cannot guarantee that the services on the Website will be uninterrupted.
3. Information on the Website.
3.1 We use our best endeavours to keep the information that we place on the Website as accurate as possible, but we are under no obligation to update the Site.
3.2 We have no responsibility for information on the Website given to us by Consultants and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on this Website. We may provide you with a range of Consultant profiles as part of the consultant selection process. Consultants are solely and exclusively responsible for the content of their profiles and we expressly disclaim any and all liability for the content of Consultant profiles, including, without limitation, the accuracy or reliability of the information contained therein.
3.3 We do verify the identity of the Consultants registered with us but we make no warranties in regard to the services they provide, nor have we vetted the Consultant Services they provide. All Consultants registered with us represent that they have professional qualifications, certificates and/or degrees as applicable in the areas of psychotherapy, psychology or counselling. We perform credential checks on all Consultations on initial introduction to ensure they are held in good standing within their respective professional body. We expressly disclaim any liability for fraudulent credentials or claims made by Consultants. Changes in a Consultant’s professional relationship with their respective body may have occurred between our initial checks and subsequent pairing with you. We recommend that you perform your own separate confirmation that the Consultant you wish to use is in good standing with their professional body in advance of initiating therapy.
3.4 We shall not be liable for and accept no responsibility for any information presented including, but not limited to, the information presented by Consultants, liability in connection with any connections made directly with Consultants, or any circumstances that may arise from your use of the Website.
3.5 Whilst we will try to match you with the best Consultant for your circumstances, there is no guarantee that you will be accepted as a registered user, or as a client by one of our Consultants. Consultants may decide that online therapy services 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 online therapy is at the sole discretion of your Consultant. We cannot and will not be held liable for any loss or damage arising from non-compliance with the above requirements.
3.6 We provide information on a wide range of Consultants but there may be other therapists or service providers that are more appropriate, suitable or lower in cost available for you than those identified by us.
3.7 Where you post information on the Website you understand that the information you provide will be open to the public to view however, no contact information will appear. This will only be provided to Consultants that are registered with us. Any information you place on the Website must be in strict compliance with our Website User and Acceptable Use Policies
4. Links to Consultants or other websites
4.1 Any links provided on the Website to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.
5. Limit of relationship
5.1 We are not liable for any information given on the Website or directly to you by a Consultant or for any services (lack thereof or failure to meet legal requirements) provided by a Consultant.
5.2 We do not provide any of the services listed by Consultants on the Website.
5.3 By using this Website and/or 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 Consultants.
5.4 We make no representations or guarantees as to the Consultant Services being offered or advertised by Consultants. We do not vet the actual services provided by the Consultant and whilst we filter down the number of Consultants to treat each client and recommend one, that is not in any way an endorsement of their services and we cannot guarantee the Consultant’s ability to deliver results. Ultimately, it is for you to choose whether you wish to proceed with a Consultant after we have introduced you.
5.5 All of the Consultants using our Site have given a warranty that they will provide their services in accordance with their obligations under laws applicable to the Country in which the Consultant Services are provided but we give no guarantee or warranty in that regard. You are solely responsible for making your own checks in regards to the Consultant’s skills to undertake the services you are wishing for them to complete.
6 Termination
6.1 We may suspend or permanently terminate your use of the Website if you breach any of the provisions of the terms set out in this agreement.
6.2 You may terminate this Agreement at any time by contacting us at hello@mytherapistonline.co.uk and we will delete your registration details and all details that we hold on you from our database.
6.3 Upon termination of this Agreement, any monies owed by you to a Consultant will be due for immediate payment and will be collected by us accordingly. Likewise, any credit held by us for services paid for but not provided will be refunded once any final charges and monies owed have been deducted.
7. Limit of liability
7.1 To the extent permitted by law, we have no liability whatsoever relating to the information on this Website, or the services advertised by/provided by Consultants. This does not affect your statutory rights under English Law. We do not limit or exclude our liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other liability which we cannot exclude by law.
7.2 We shall not be liable for losses or damages (whether direct, indirect or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from this Website or the use of the Platform, or from any interruption or delay in accessing this Website.
7.3 By agreeing to these terms, you agree to fully indemnify, defend and hold harmless us, our officers, directors, employees, contractors, agents, suppliers, service providers, licensors and third party partners from and against all third party claims, costs, losses and/or liabilities relating to or arising in connection with any illegal use of the Website, any breach of your representations or warranties or any violation of these terms by you or anyone to whom you allow access to the Website using your internet connection and or registration details.
8. Your Information
8.1 We process information about you in accordance with our Privacy and Cookies Policy
8.2 Communications between you and us will take place over standard email or via the telephone numbers supplied by all parties on registration. Through the use of potentially unsecured email, there is a risk that Private Health Information may be disclosed to and/or intercepted by unauthorized third parties. As such, we cannot ensure the security of messages sent by email.
9. Registration
9.1 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 18 and/or that you have the legal capacity to enter into and be bound by these terms, or, that you are a parent/guardian acting on behalf of someone under the age of 18;
you understand that we are only acting as a platform and that the contract for Consultant Services to be provided by Consultants is only between you and the Consultant;
the information that you provide to us is accurate;
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 Consultants via the Website;
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 Consultant;
your contact information may be shared with Consultants to enable the Initial Consultation to proceed (Section 2.5). Where Consultants are unable to contact you via e-mail, you consent to them contacting you by text message / WhatsApp.
where we are unable to reach you via e-mail, you consent to us contacting you by text message / WhatsApp.
9.2 These terms do not affect your statutory rights.
9.3 We reserve the right to refuse to accept your registration or to suspend or deny access to the Website if you breach of the terms set out in this Agreement.
9.4 There is no fee for you to register to use the Website.
10 Complaints
We hope that you will be happy with the service provided on our Website. However, if you do have any complaints regarding the service we provide then please contact us at hello@mytherapistonline.co.uk. You can also submit a complaint for online resolution to the European Commission Online Dispute Resolution platform if you are a resident of the European Union.
If you have any complaints in regards to the services provided by a Consultant, then please follow their internal complaints procedure. If you are unhappy with the outcome then please contact us at hello@mytherapistonline.co.uk however, we do not make any warranties or representations as to what steps we will take in regards to such complaints.
11 Force Majeure
We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.
12 General
12.1 Severance. If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement will not be affected.
12.2 Rights of third parties. No person other than you or us will have any right to enforce any of this Agreement’s provisions.
13 Governing law and jurisdiction
This Agreement and any dispute or claim arising out of, or in connection with, it, 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).