General terms and conditions - User Agreement

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 Ltd (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 Therapists (as defined below) via the Application and/or the Site. 

1.2 Mindler offers a technical platform solution by which the User is provided with Services, including without limitation, therapy sessions offered by a Therapist. Under no circumstances must Mindler therefore be seen as a healthcare provider. This Agreement must therefore only be considered as a service agreement for the provision of a technical platform solution for the provision of the Services. In order to avoid any misunderstanding, it is hereby clearly stated that under no circumstances whatsoever shall Mindler be liable in any way for any of the Services that the User is provided within the context of their interaction with an individual Therapist via the Application and/or the Site.

2. Services

Our Services (as defined below) are not intended to diagnose you or provide you with medical/healthcare advice or treatment.  The Services should never be used as a replacement for a registered healthcare practitioner. 

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 graduate psychologist partners/CBT therapists (hereinafter referred to as “Therapists“) and/or use other services provided via the Application and/or the Site, including without limitation, online therapy sessions conducted by such Therapists and internet-based cognitive behavioural therapy (“iCBT”) programs (hereinafter referred to as “Services”). Each Therapist is regulated by The Health and Care Professions Council (“HCPC”) and/or the British Association of Behavioural & Cognitive Psychotherapists (“BABCP”). 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 Therapist in more detail during the booked video call. The User may also provide information on their concerns through their personal User Account. 

2.2 The Service provided to Users conducted by Therapists are talking therapy services that DO NOT constitute medical/health care, such as psychiatric treatment of mental health conditions normally provided by medical practitioners (for example, psychiatrists) at a healthcare provider or any similar establishment. For the avoidance of doubt: (i) Mindler is NOT a registered healthcare provider within the remit of the Care Quality Commission (England) (“CQC”); and the Therapists are not registered medical practitioners. Mindler is extremely proud of the quality of its Therapists and works exclusively with Therapists who are registered with the HCPC or BABC.

2.3 Consequently, if the Therapist determines that a User requires diagnosis and/or psychiatric treatment for a mental health condition, they may interrupt the Services and to encourage the User to seek more appropriate care. 

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 In the event of serious symptoms of illness, the Services provided by Mindler are not the right level of care, and the User must seek adequate healthcare at an appropriate healthcare provider. In the event of an emergency, including acute suicidal thoughts, the User shall also not turn to Mindler, but immediately contact an appropriate emergency psychiatric/healthcare services provider or call 999 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 User is personally liable for all activity that occurs under the User Account. The User may not allow another individual or third party to access, use, or modify the User Account. The User is responsible for maintaining the security of the User Account by way of keeping the login credentials secret to only themselves. The User is also responsible for maintaining the completeness and accuracy of the contents of the User Account. Please contact info@mindler.co.uk 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.

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 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 Application or by e-mail to info@mindler.co.uk.

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 in the Application and/or the Site. 

3.8 By registering for a User Account in the application, 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 13) at any time. Please read more about Mindler’s information storing and personal data processing in the Privacy Policy. 

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 Therapists 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 are a complement to the Service that the Therapist provides to the User, and are not intended to be used instead of a Therapist's assessment, diagnosis, or treatment for any medical condition. The use of the iCBT programs is intended as an aid to help the Therapist 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 Services in the Application are provided at the prices shown in the price list current at any given time which is available in the Application. The prices for the Service are always stated before a booking takes place or an iCBT program starts. 

4.2 Payment for video calls take place before the video call begins. Users will select the payment method to complete the booking. All sessions are booked in line with the User's policy terms, so if the user has selected their insurance as the payment method they agree to being liable to pay in contribution to their claim in line with their benefit cover. The receipt generated following the booking confirmation will show £0 as payment has not been made up front, but the payment method will show as the User's insurance company. Mindler will submit the invoice to the insurance company upon completion of the session. Mindler will request direct payment from the User if the insurance company advises of "client liability". The User is responsible for checking the applicable terms and conditions of their contracted  insurance company and of their own personal benefit cover and liability.

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

Notwithstanding anything to the contrary, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of the Therapists, and for fraud or fraudulent misrepresentation.

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, 5.5 and 5.7‎ below. Furthermore, Mindler is responsible for storage of the information provided and uploaded on the Application and/or the Site by the User and the Therapist.

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 Therapist. 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 ‎12 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.co.uk or via the Application. Customer Service’s operating hours are 9 am-5 pm on weekdays (with the exception of bank 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 Therapists 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 Under no circumstances shall Mindler be liable for any care, information or recommendations that the Therapist provide the User during a video call or in writing via the Application and/or the Site. 

5.7 Mindler shall not be liable for the contents of links in the Application and/or the Site.

5.8 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. 

5.9 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 SEK twelve thousand (12,000); 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 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 Site. 

6.3 Any intellectual property rights arising as a result of Mindler’s provision of the Application and/or the 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) Therapist at a time and booking more than one session with different Therapists in parallel is prohibited. After a session has been concluded with one Therapist, a new session can be booked with another Therapist.

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 late cancellation fee will apply. Mindler can only submit an invoice to Vitality for completed sessions that the User has attended. The invoice will be sent to the User’s email or registered address. Payment is due 30 days after the invoice date. Mindler reserves the right to charge a reminder fee if payment is overdue. Missed sessions or late cancellations cannot be deducted from the number of sessions authorised by Vitality. 

7.4 Mindler reserves the right to refuse a booking of a session or restrict the use of the 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 apply according to a separate agreement. 

8. Unauthorised use

8.1 Mindler takes a serious view of any unauthorised 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 unauthorised use of the Application and/or the Site, User Account, etc. Potential scenarios of unauthorised use that could result in action in accordance with paragraph 11.2 are, including without limitation, the scenarios stated in the following paragraphs 8.1.1-8.1.8. 

8.1.1 Booking in with multiple Therapists at once. 

8.1.2 Changing Therapists 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 Therapist despite e.g. referral back to GP, referral to secondary/ specialised care or against Mindler Therapist’s professional advice that Mindler is not a suitable care provider. 

8.1.5 Patients contacting Therapists 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 Therapist 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 ‎11 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 and/or the Site 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).

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

9. Protection of personal data

9.1 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.

10. Change of function and conditions

10.1 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.

10.2 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 terms and conditions applicable at any given time are available in the Application and/or the Site.

10.3 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.

11. Notice of termination

11.1 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 Therapist, which falls after the time of termination, the appointment must be canceled according to the usual cancellation rules. 

11.2 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. 

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

• 6 months: referred to GP, specialist/secondary care, high clinician risk etc. but the User continues booking new video calls.

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

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

11.3 Users who have had their User Account closed in accordance with paragraph 11.2 have no right to re-register or register for a new User Account without obtaining specific authorisation from Mindler for that purpose.

11.4 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.

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

12. Force majeure

12.1 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.

13. Marketing services and products

13.1. 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. 

14. Notices and notifications

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

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

14.3 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.

14.4 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.co.uk.

14.5 When using the Application and/or the Site or Services, or sending e-mails, messages, and other communications to Mindler, the User is communicating with Mindler electronically. The User agrees that when using or entering the Application and/or the Site or use the Services, they consent to conduct business electronically with Mindler and the User agrees that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Mindler provides to the User electronically satisfy any legal requirement that such notices and other communications be in writing.

15. Assignment of the agreement and obligations under the agreement 

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

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

16. Applicable law and settlement of disputes

16.1 This Agreement is governed by English law and disputes are subject to the jurisdiction of the English courts, except if the User lives in Scotland or Northern Ireland, there may be certain mandatory applicable laws which apply for the User’s benefit and protection in addition to or instead of certain provisions of English law. Any dispute between the User and Mindler will be tried to resolve  internally and if not possible, any dispute between the User and Mindler regarding this Agreement will only be dealt with by the English courts, except that if the User lives in Scotland or Northern Ireland, the User can choose to bring legal proceedings either in their country or in England, but in case Mindler brings legal proceedings, Mindler may only do so in User’s country.

16.2 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.

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

16.4 If you have a complaint related to Mindler’s Services (e.g. something covered by these General terms and conditions or our Privacy Policy) please contact us in the first instance at info@mindler.co.uk and we will endeavour to respond to you within 28 days to resolve your complaint.