Terms and conditions

By using the Mindler Services, you agree to these General terms and conditions (hereinafter referred to as the “Agreement“). Please read the following Agreement carefully before using the Mindler Services (as defined below in paragraph 2.1). If you do not accept this Agreement, please do not use Mindler Services.

1. Scope and applicability of the Agreement

1.1 This Agreement governs the use of online interfaces and properties (e.g., website and applications) owned and controlled by Mindler NL (collectively referred to as “Mindler“, “we”, “us”, and “our”), including the Mindler applications (the “Application”) and mindlercare.com and mindler.se websites (collectively, the “Site”), as well as the Services available to Users (as defined below) and Psychologists (as defined below) via the Application and/or the Site.

1.2 Mindler is a registered care provider (the “Care Provider”) under the supervision of the Health and Youth Care Inspectorate (IGJ). When using the Service you are also subject to the GGZ General Delivery Conditions drawn up by GGZ Nederland, the national platform GGZ and the Consumentenbond. A copy of these terms and conditions can be found here.

2. Services

2.1 People register as users (hereinafter referred to as a “User“, “you”, and “your”) by creating a personal account (hereinafter referred to as a “User Account“) and use that account to book a session to see a psychologist/BIG registered psychologist (hereinafter referred to as “Psychologist“) and/or use other services provided via the  Application and/or the Site, including without limitation, online therapy sessions conducted by such Psychologists and internet-based cognitive behavioural therapy (“iCBT”) programs (hereinafter referred to as “Services”). The Application may also be used for self-monitoring purposes. The booked session takes place by means of a video call via the Application and/or the Site. The User may describe their concerns to the Psychologist in more detail during the booked video call. The User may also provide information on their concerns through their personal User Account. Based on the User’s information, the Psychologist suggests appropriate treatment to the User.

2.2 Mindler works exclusively with Psychologists. In connection with contact with the Care Provider, the User’s care visits are registered in the medical record as a visit to the relevant care centre.

2.3 Mindler offers sessions with Psychologists to Users at the level of primary care. This therefore corresponds to the level of care offered at a medical centre, health centre or similar. Mindler therefore cannot offer care that requires specialist expertise in psychiatry. That means that, after obtaining information on this and before starting the treatment, Mindler’s Psychologists are entitled to refuse to conclude a treatment agreement with users who are deemed to be at the wrong level of care. If during treatment it becomes apparent that the user needs care at a level that Mindler cannot provide, Mindler will make all reasonable efforts to refer the user to the proper specialist. If the User does not accept such referral and Mindler cannot continue treatment without risk to the mental health of the User, Mindler will inform the User accordingly in writing (including electronic means of communication) and will be entitled to terminate the treatment 14 days after giving such notice.

2.4 In cases where the User is provided with Services under this Agreement by such means as a subscription, payment or salary benefits or a centrally procured agreement via an employer or similar, chapter 7 and paragraph 11.1 will not be applicable and such matters shall be subject to a separate agreement.

2.5 This Agreement and other information concerning Mindler Services are available on the Application and/or the Site.

2.6 The User must, in the event that established psychological treatment/intervention takes place, be otherwise completely healthy as far as is known and agrees, in the event of serious symptoms of illness, to seek adequate care at an institution such as a health centre or emergency ward. Mindler is not the right level of care in such situations. In the event of acute suicidal thoughts, but no active treatment at Mindler, the User must also not turn to Mindler, but to an appropriate emergency psychiatric institution or call 112 or 0800-0113 for guidance and advice.  

2.7 When in active treatment at Mindler and in the event of acute suicidal thoughts, during office hours, the client can reach out to their treating psychologists. Outside office hours, the Users general practitioner/the ‘huisartsenpost’ is responsible. 

2.8 When using preventitive B2B services: In the event of acute suicidal thoughts, the User must not turn to Mindler, but to an appropriate emergency institution, Users own general practitioner or call 112 or 0800-0113 for guidance and advice. 

3. The Application, Site and User Account 

3.1 The User Account is personal and may only be used by the User who registered the User Account. A User Account may not be transferred or granted to another person.

3.2 The Mindler ID or credentials are personal to the User. The User may not allow another individual or third party to access, use, or modify the User Account. The User is responsible for making their best efforts to maintain the security of the User Account by way of keeping the login credentials secret to only themselves. The User is responsible for all activity that occurs under the User Account. The User is also responsible for maintaining the completeness and accuracy of the contents of the User Account. Please contact info@mindler.nl if you suspect that another individual or third party has gained access to your User Account.

3.3 Mindler is not liable for abuse of a User Account by an external person and nor is it liable for any consequences and/or damage resulting therefrom. 3.4 To register a User Account and enter into an Agreement with Mindler, the User must be at least eighteen (18) years of age and must have a valid passport or ID card for identification purposes.

3.5 The User is responsible for ensuring that reasonable care is applied to the data, including contact details and health data, where appropriate, that they provide when entering into the Agreement is accurate. Mindler is not responsible for treatment caused by the User entering wrong data. The User undertakes to keep their personal profile in the Application updated and current throughout the term of the Agreement. Mindler must be notified as soon as possible of any changes by means of an update directly in the Application or by e-mail to info@mindler.nl. 

3.6 The User is personally liable for the information that they provide in or through the Application and/or the Site. For further information concerning Mindler’s management of personal data, including for which purposes Mindler may use personal data for, please refer to Mindler’s Privacy Policy which is available on the Application and/or the Site.

3.7 By registering a User Account in the Application and/or the Site, the User confirms and accepts the technical specifications, conditions and restrictions regarding the Application and/or the Site that are set out in Mindler Service descriptions applicable at any given time, which are available on the Application and/or the Site. 

3.8 By registering for a User Account in the Application and/or the Site, the User confirms and accepts that their contact details they provide may be used by Mindler to contact the User by means of mailings (post or e-mail), phone calls and notices containing information and offers. The User may specifically de-register from marketing communication (as defined below in paragraph 14) at any time. 

3.9 In order to use the Service, the User needs to give the Application and/or the Site access to audio and video on the User’s device and be connected to a network. Sound and moving images are deleted in real time and are not saved in any way after the meeting. Information about User’s appointments with Psychologists and information that the User uploads to the Service via questionnaires are recorded and stored in User’s medical record in order to provide the User insight into care and to fulfil our legal obligations. In connection with the provision of the Service administrative notes may also be recorded in the medical record by administrative staff. Please read more about Mindler’s information storing and personal data processing in the Privacy Policy.

3.10 Content published or provided by Mindler in the Application and/or the Site may be used for the purpose of the Service or as preventive self-care. iCBT programs that are used as a part of the Service is a complement to the Service that the Psychologist provides to the User, and is not intended to be used instead of a Psychologist's assessment, diagnosis, or treatment for any condition. The use of the iCBT programs is intended as an aid to help the Psychologist provide the User with effective Service. 

3.11 The User is responsible for ensuring that their User Account is used in accordance with this Agreement, the other conditions and instructions in the Application and/or in the Site and in accordance with applicable law at any given time. 

4. Prices and payment

4.1 The pricing of the Service depends on the type of Psychologist, the length of treatment and where the User is insured. The prices for the Services are always stated on the payment page on the Site. 

4.2 Payment for video calls or other Services takes place after the video call took place or after the Service was provided. By using the Service you agree with being invoiced according to the Dutch healthcare regulation system. The User is responsible for checking the applicable terms and conditions at the contracted insurance company. 

4.3 The User is accountable for having the right ‘NAW gegevens’ known at the healthcare provider and is accountable for updating them up to a year after the treatment has ended. 

Payment terms applicable to companies

Mindler offers specific offers to companies wishing to offer the Services to its employees. The pricing and payment conditions for these Services are detailed in the special conditions sent by Mindler and accepted by the company. By accepting these special conditions, the company is committed to communicating this Agreement to its employees using the Services. 

5. Limitation of liability

5.1 Within the limits set out in this chapter ‎5, Mindler is responsible for ensuring that the Application and/or the Site is available in accordance with paragraphs ‎5.2‎, 5.3, ‎and 5.5‎. Furthermore, Mindler is responsible for storage of the information provided and uploaded on the Application and/or the Site by the User and the Psychologist. 

5.2 Mindler’s aim is to ensure that the Application and/or the Site maintains high levels of accessibility and that the User will have access to their User Account at any time. The video calls are booked by User via the booking features provided via the Application and/or the Site’s booking system or by the Psychologist. The Application and the video calls are provided in accordance with the above, with the exception of scheduled, notified interruptions in the Application for maintenance or interruptions beyond Mindler’s control.

5.3 Mindler shall not be responsible for any interruptions in the Service or any availability caused by: i) a fault in the User’s hardware/equipment, connection network, the User’s software or faults in software constituting third-party products that Mindler is unable to correct despite the fact that it has attempted to correct or work around them in a professional manner; ii) other circumstances for which the User is responsible under the Agreement; (iii) viruses or other attacks on security despite the fact that Mindler has adopted professional measures; or (iv) circumstances constituting force majeure under chapter ‎13 below. 

5.4 Notice of a fault or disruption in the functioning of the Application or availability can be given without delay to Mindler’s Customer Service at info@mindler.nl or via the Application. Customer Service’s opening hours are 08:00-18:00 on weekdays (with the exception of public holidays). 

5.5 Mindler shall be responsible for the operation of the Application and/or the Site, including provision of video calls between Users and and Psychologists, and Services associated with this, such as storage of information and other information provided by Mindler in the Application and/or the Site. 

5.6 Mindler is not liable for the contents of links in the Application and/or the Site.

5.7 Faults must be remedied in the first instance through troubleshooting, if that can be done without undue expense or inconvenience to Mindler. Mindler has a right at all times, at its own expense, to correct the fault provided that this can be done within a reasonable time and without any significant inconvenience to the User. If the fault cannot be corrected, the User has a right to receive a reasonable price reduction and compensation for any substantiated, direct damage, subject to the following restrictions. 

5.8 Under no circumstances shall Mindler be liable for damage due to faults caused by the User or any circumstance for which the User is liable. To the extent permitted under applicable law: (i) Mindler’s total liability under this Agreement shall be limited under all circumstances to liability for substantiated, direct damage and to a maximum amount equivalent to [EURO one thousand (1,000)]; and (ii) Mindler shall not be liable under any circumstances for any consequential damages, loss of earnings, loss of expected savings and/or other indirect damages under this Agreement. 

6. Intellectual property rights

6.1 Copyright, right of ownership and other intellectual property rights to Mindler’s trademarks, business name, the Application and all documents used and/or provided by Mindler on the Application and/or the Site belong to Mindler with all rights reserved. That means that Mindler has the right to freely dispose of such intellectual property rights. 

6.2 Any copying, modification, transfer and/or other use of Mindler’s materials that is not expressly permitted in writing by Mindler is prohibited. The User acknowledges and agrees that unauthorized use of Mindler’s intellectual property rights constitutes a breach of this Agreement. In particular, the User is prohibited from reproducing, adapting, modifying, transforming, translating, publishing and communicating in any way, directly and/or indirectly, the elements of the Application and/or the Site. 

6.3 Any intellectual property rights arising as a result of Mindler’s provision of the Application and/or other Services shall vest in Mindler with all such rights strictly reserved. 

6.4 The provisions of this chapter ‎6 must apply regardless of the manner and form in which the results were produced and regardless of whether the results were produced by Mindler alone or in conjunction with another. The provisions of this chapter will apply even after the Agreement between Mindler and the User has cease to apply.

7. Booking and cancellation of video call

7.1 The User is restricted to booking a session with only one (1) Psychologist at a time and booking more than one session with different Psychologists in parallel is prohibited. After a session has been concluded with one Psychologist, a request can be made to transfer the treatment. 

7.2 A booked video call may be canceled free of charge up to 24 hours before the starting time for the booked video call. If a booked video call is canceled within the time specified above, payment made for the canceled video call will be refunded within fourteen (14) days. 

7.3 If cancellation of a video call by the User is done later than 24 hours before the booked time or the User does not show up for the video call, the User must pay a no-show fee. The invoice will be sent to the User’s registered address. Payment is due 30 days after the invoice date. Mindler reserves the right to charge a reminder fee if payment is overdue. 

7.4 Mindler reserves the right to refuse a booking of a session or restrict the use of other Services if the User has not fully or partially settled the costs of a previous booking or use of Services, or when a payment dispute is in progress.

7.5 In the case where the User uses the Service through eg. a subscription, subsidy or salary benefit, or a central negotiated agreement via their employer or similar, other cancellation rules may apply according to a separate agreement. 

8. Unauthorized use

8.1 Mindler takes a serious view of any unauthorized use of the Application and/or the Site and the User Account in breach of this Agreement and/or our policies applicable at any given time regarding data processing, security and ethics. Mindler will take action against actual or feared unauthorized use of the Application and/or the Site, User Account, etc. Potential scenarios of unauthorized use that could result in action are, including without limitation, the scenarios stated in the following paragraphs 8.1.1-8.1.8. 

8.1.1 Booking in with multiple Psychologists at once. 

8.1.2 Changing Psychologists more than three times in one treatment episode (unless this is initiated due to e.g. specific treatment requirements).

8.1.3 Repeated cancellations and no-shows

8.1.4 Booking in with a Psychologist despite e.g. referral to secondary/specialised care or against Mindler Psychologist’s professional advice that Mindler is not a suitable care provider. 

8.1.5 Patients contacting Psychologists via their personal social media, email, telephone etc. 

8.1.6  Filming care personnel in a session, unless authorised by the care personnel.

8.1.7 Continued driving/operating heavy machinery whilst in a session despite a request to cease.

8.1.8 Where a Psychologist feels threatened by (but is not limited to): shouting, swearing, indecent physical exposure, racial abuse, discriminatory microaggressions, and targeted threats. 

8.2 Mindler reserves the right to remove information from the Application and/or the Site, close the User Account or adopt other measures due to breach of the Agreement by the User or to protect reputation and/or to protect the Application and/or the Site from improper use at any time with or without prior warning or notice and without liability for any consequences. In the event of such a closure, Mindler also has a right to give notice of termination of the Agreement in accordance with chapter 12 below.

8.3 In cases where the User is in breach of the Agreement or applicable law or if the User has used the application in an illegal manner or in a manner that is not permitted, the User is required to compensate and indemnify Mindler for all damage thereby caused to Mindler (including but not limited to representatives’ fees, court costs and all claims from third parties). 

9. Quality assurance 

9.1 Mindler is obligated to perform quality assurance of the provided healthcare provided under the medical treatment contract (geneeskundige behandelingsovereenkomst). By using Mindler Services the User has consented to be entered into this medical treatment contract. Mindler simultaneously adheres to the legal conditions for processing your data under a medical treatment contract, which can be found in the Wgbo (Wet Geneeskundige Behandelingsovereenkomst). 

10. Protection of personal data

10.1 The provisions relating to the processing of the User’s personal data appear in Mindler’s Privacy Policy, accessible from the Application and/or the Site. 

11. Change of function and conditions

11.1 Mindler reserves the right to make changes to the Services offered on the Application and/or the Site. The Service provided in the Application and/or the Site, including without limitation, descriptions, images, references, specifications, layout, content, features or functions may change and can mean that the Agreement is affected. When the development of new Services affects this Agreement, the User will be informed of these changes in the Application and/or the Site or by e-mail, and where appropriate may be invited to consent to the modification of the General terms and conditions.

11.2 This Agreement, which may be updated from time to time, shall apply from their acceptance by the User, for the duration of the User’s use of the Service or until the closure of their account by Mindler under the termination provisions below. The general conditions applicable at any given time are available in the Application and/or the Site. 

11.3 In the event of refusal of the Agreement, the User expressly acknowledges that they will not be able to access the Services offered via the Application and/or the Site. 

12. Notice of termination

12.1 The User has a right at all times to give notice of termination of the Agreement with immediate effect. If such notice of termination is given, Mindler will remove the User’s User Account and remove information relating to the User that is provided and stored without undue delay. Some information may be retained to meet legal obligations in accordance with Mindler’s Privacy Policy. If the User has booked an appointment with a Psychologist, which falls after the time of termination, the appointment must be canceled according to the usual cancellation rules. 

12.2 Mindler is entitled to give notice of termination of the Agreement or block the User Account with immediate effect if the User is in breach of or is expected with probable cause to be in breach of this Agreement. Upon such termination, the User’s User Account is closed, whereafter the Agreement automatically ceases to apply. Information concerning the User that is stored in the Application will be deleted or anonymized in accordance with the Privacy Policy. If blocking has been deemed necessary, the potential time frames below apply, which can be revised after 6 months.

• 3 months: several no-shows or late cancellations, or booking in with multiple Psychologists at once or persistent swapping of Psychologists.

• 6 months: referred to specialist/secondary care but the User continues booking new video calls.

• 12 months: abusive behaviour towards the Psychologist or another Mindler employee.

• Lifetime ban: continued abuse towards Mindler Psychologists or the nature of the singular abusive event is such an extreme violation that indefinite blocking is deemed necessary.  

12.3 Users who have had their User Account closed in accordance with paragraph 12.2 have no right to re-register or register for a new User Account without obtaining specific authorisation from Mindler for that purpose. 

12.4 Mindler is entitled to give notice of termination of the Agreement with a thirty (30) days’ notice at any time, if Mindler cannot provide the Services to the User, due notably to technical or operational reasons outside of Mindler’s control or to closing down of Mindler’s Services. In addition Mindler is entitled to, where required by law or due to security or welfare concerns, to suspend or terminate the function or existence of all or any part of the Application and/or the Site at any time without notice as it deems advisable.

12.5 Mindler has the right to terminate the User Account if it has not been used for 24 months.

12.6 Regardless of Mindler its entitlement to terminate the Agreement set out in this chapter ‎12, it will still fulfil its responsibilities with regard to the continuity of care towards the User. 

13. Force majeure

13.1 Mindler does not pay compensation as a result of strikes, fire, the exercise of public authority, labour disputes, accidents, faults or delay on the part of subcontractors, service outages in public communications systems or other circumstance beyond Mindler’s control that Mindler could not reasonably have been expected to allow for and whose consequences Mindler could not reasonably have avoided or overcome. In cases where the circumstance in accordance with this paragraph continues to apply for a period in excess of thirty (30) days, a party has a right to give notice of termination of the Agreement with immediate effect. Under such circumstances, the User has a right to a refund of amounts paid in advance for video meetings booked but which did not take place.

14. Marketing services and products

14.1. Mindler is entitled to send promotional marketing emails and push notifications to Users to share information about products or Services. The User can unsubscribe from any mailing lists and cancel this form of communication at any point.

15. Notices and notifications

15.1 The User must specify in the User Account the e-mail address and telephone number to which they wishes Mindler to send notices, such as confirmations and information on offered products and services, from time to time. 

15.2 Notice of termination under this Agreement must be sent by e-mail. 

15.3 Notices under this Agreement must be considered to have been received by the recipient: a) if sent by e-mail: when receipt is duly confirmed, which may take place through an acknowledgement of receipt, for example, b) if sent via the application: the first (1st) day after the date of sending, c) if sent by registered mail: five (5) working days after posting, or d) if delivered by courier: at the time of the handover.

15.4 The User must notify Mindler without delay if they change their contact details by updating them via the User Account or sending a message to info@mindler.nl.

16. Assignment of the agreement and obligations under the agreement 

16.1 The User has no right to assign to another person this Agreement or rights and/or obligations resulting from this Agreement.

16.2 Mindler has an unrestricted right to engage subcontractors for the fulfilment of its obligations under this Agreement.

17. Applicable law and settlement of disputes

17.1 Disputes arising out of the interpretation and application of this Agreement and the legal relationship connected thereto must be settled in accordance with Netherlands law by a general court, with Amsterdam’s District Court as the court of first instance unless otherwise agreed. 17.2 If any part, provision or section of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such part, provision or section shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

17.3 In the case of recovery of payment based on payment obligations under this Agreement, the case may be referred to the Dutch Enforcement Authority or other recovery procedure, notwithstanding the provisions otherwise contained in this chapter.

17.4 If you have complaints related to Mindler’s Services (e.g. something covered by this Agreement or our Privacy Policy) please contact us at info@mindler.nl and we will endeavour to respond to you within 28 days to resolve your complaint, or submit them to the IGJ (Inspectie Gezondheidszorg en Jeugd).