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. If you do not accept this Agreement, please do not use the Mindler Service.
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 and mindlercare.com and mindler.se websites (collectively, the “Site”), as well as the services (“Services”) available to users and care providers (hereinafter referred to as “Care Providers“) through the Site.
1.2 Mindler is a registered 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.
2.1 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 in the Site such as iCBT programs. The applications may also be used for self-monitoring purposes. The booked session takes place by means of a video call. The User can describe his or her condition to the Care Provider in more detail during the booked video call. The User may also provide information on his or her condition to the Care Provider through the personal User Account. Based on the User’s information, the Care Provider suggests appropriate treatment to the User.
2.2 Mindler works exclusively with Psychologists. In connection with contact with a Care Provider, the care visit are registered in your 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, the following provisions will not be applicable: chapter 7, paragraph 12.1 and chapter 13.
2.5 This Agreement and other information concerning Mindler Services are available in the Site.
3. The application 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 User is personally liable for any action carried out when using his or her 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 the data, including contact details and health data, where appropriate, that he or she provides when entering into the Agreement is accurate. Mindler is not responsible for treatment caused by the use entering wrong data. The User undertakes to keep his or her 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 App or by e-mail to email@example.com.
3.7 By registering a User Account in the application, the User confirms and accepts the technical specifications, conditions and restrictions regarding the application that are set out in Mindler Service descriptions applicable at any given time, which are available in Site.
3.8 By registering for a User Account in the application, the User confirms and accepts that the contact details he or she provided can be used by Mindler to contact the User by means of mailings, phone calls and notices containing information and offers. The User may specifically de-register from this communication at any time.
3.10 Content published or provided by Mindler in the application can be used in the treatment or as preventive self care. Content that is used as a part of treatment is a complement to the medical advice that the Care Provider gives 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 App during treatment is intended as an aid to help the Care Provider provide his or her patients with effective care.
3.11 The User is responsible for ensuring that his or her User Account is used in accordance with this Agreement, the other conditions and instructions in the application 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 in the payment page in 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 Client 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 App is available in accordance with paragraphs 5.2, 5.3, 5.5 and 5.6 below. Furthermore, Mindler is responsible for storage of the information provided and uploaded in the App by the User and the Care Provider.
5.2 Mindler’s aim is to ensure that the application maintains high levels of accessibility and that the User will have access to his or her User Account at any time of the day or night. The video calls are booked by User via the booking features provided via the application’s booking system or by the Care Provider. 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 is not responsible for interruptions in the service or in 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 firstname.lastname@example.org or via the App. Customer Service’s opening hours are 08:00-18:00 on weekdays (with the exception of public holidays).
5.5 Mindler is responsible for the operation of the application, including provision of video calls between Users and and Psychologists or Care Providers and Services associated therewith such as storage of information and other information provided by Mindler in the application.
5.6 Mindler is not liable for contents linked to or from 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 is Mindler liable for damage due to faults caused by the User or any circumstance for which the User is liable. Nor is Mindler liable for any form of personal injury or other consequences that may result, directly or indirectly, from use or misuse of information provided, presented or referred to in the application. Mindler’s liability is limited under all circumstances to liability for substantiated, direct damage and to a maximum amount equivalent to SEK twelve thousand (12,000). Mindler is thus not liable under any circumstances for consequential damages, loss of earnings, loss of expected savings and/or other indirect damages due to a fault.
5.9 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, etc. Mindler is not the right level of care in such situations. In the event of acute suicidal thoughts, but no active treatment at Mindler NL, the User must also not turn to Mindler, but to an appropriate emergency institution, Users own general practitioner or call 112 for guidance and advice.
5.10 When in active treatment at Mindler NL 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.
5.11 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 for guidance and advice.
6. Intellectual property rights
6.1 Copyright, right of ownership and other intellectual property rights to Mindler’s trademarks, business name, the App and all documents used and/or provided by Mindler in the App or on our website 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 unauthorised 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 Platform.
6.3 Any intellectual property rights arising as a result of Mindler’s provision of the App and/or other services will accrue to Mindler with all rights reserved. Such sole rights include Mindler’s right to freely dispose of such results, including the right to freely change, transfer and grant them.
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 can 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 In the case where the User uses the App through eg. a subscription, subsidy or salary benefit, or a central negotiated agreement via their employer or similar, other cancellation rules apply according to a separate agreement.
8. Unauthorised use
8.1 Mindler takes a serious view of any unauthorised use of the application and the User Account in breach of this Agreement and/or our policies applicable at any given time regarding data processing, security, ethics, etc. For example, filming of consultations with care personnel or dissemination of such materials by any means, or carrying through video sessions when e.g. driving or managing heavy machinery is prohibited. Mindler will take action against actual or feared unauthorised use of the application, User Account, etc.
8.2 Mindler reserves the right to remove information from the application, 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 application 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 he or she 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
11. Change of function and conditions
11.1 Mindler reserves the right to change the scope and function of the User Account and the application. The service provided in the applications including for example layout, content, features or functions may change and can mean that the Agreement is affected. The User will be notified of such changes via the application and/or e-mail.
11.2 This Agreement 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 the closure of their account by Mindler under the termination provisions below. The general conditions applicable at any given time are available in the Site.
11.3 In the event of refusal of the Agreement, the User expressly acknowledges that he will not be able to access the Services offered via the Site.
12. Notice of termination
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 Users anymore, due notably to technical or operational reasons outside of Mindler’s control or to closing down of Mindler’s Services.
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. Notification and marketing
14.1. Mindler may send promotional marketing emails and marketing newsletters to Users to share information about our products or Services. The User can unsubscribe from any mailing lists at any point.
15.1 The User must specify in the App the e-mail address and telephone number to which he or she wishes Mindler to send notices, such as confirmations and information on offered products and services, from time to time. The User is able to opt-out from any mailing lists at any point.
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 by registered mail: two working days after posting, or
c) if delivered by courier: at the time of the handover.
The User must notify Mindler without delay if he or she changes his or her contact details by updating them via the User Account or sending message to email@example.com.
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.
17.3 In the case of recovery of payment based on payment obligations under this Agreement, the case may be referred to the Netherlands Enforcement Authority or other recovery procedure, notwithstanding the provisions otherwise contained in this chapter.