GENERAL CONDITIONS OF USE
The site http://www.mindler.co.uk as well as the applications for Android and iOS MINDLER ( referred to together as “the Platform” are operated by:
MINDLER Ltd, of 24 Old Queen Street, London, United Kingdom, SW1H 9HP (“Mindler”).
These general conditions of use of the Platform ( “General Conditions of Use”) apply, to any access and any use of the Mindler Platform, by non-professional users who are at least 18 years of age ( the “User/s”). The User is required to read them before using and registering on the Platform.
The General Conditions of Use must be accepted by the User to use the services offered on the Platform. You are required to accept the General Conditions of Use when registering on the Platform and on the occasion of each subscription to services on the Platform.
SERVICES OFFERED ON THE PLATFORM
Mindler offers on its Platform teleconsultation services by video call ( “the Services”) provided by graduate psychologists partners or employees of Mindler ( “the Service Providers”) under the conditions set out below.
When the teleconsultation service is provided by an external provider and not a Mindler employee, Mindler, only acts as a provider of a matchmaking service. It does not intervene in any way in the contractual relationship that is formed between the User and the Service Provider.
PRESENTATION OF THE PLATFORM
Access to the Platform
The Platform is accessible free of charge to Users with an internet connection, unless otherwise stipulated. All costs, whatever they may be, relating to access to the Platform are the sole responsibility of the User, who is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
Mindler does its utmost to provide the User with access to the Platform 24 hours a day, 7 days a week. However, the Services offered on the Platform are only accessible between 9 a.m. and 9 p.m., 7 days a week.
Mindler may, in particular, at any time:
- suspend, interrupt or limit access to all or part of the Platform, reserve access to the Platform, or certain parts of the Platform, to a specific category of Users;
- delete any information that could disrupt its operation or contravene national or international laws;
- suspend or limit access to the Platform in order to carry out updates.
Registration on the Platform
The consultation of the Services offered on the Platform is free and open. However, access to the Tele-consultation Service requires the creation of an account on the Platform by the User.
To create an account on the Platform, the User must be at least eighteen (18) years old.
When registering, the User must complete the required fields. Users are required to provide accurate and truthful information. If a User’s circumstances change they must update their account on the Platform or inform Mindler by e-mail email@example.com.
Users are personally responsible for any action carried out through their user accounts. User accounts are personal and can only be used by the Users who created them. User accounts cannot be transferred to a third party.
Users are personally responsible for the information they provide in or through the Platform.
By creating an account on the Platform, the User accepts these General Conditions of Use by checking the box provided for this purpose, applicable at any time, which are accessible on the Platform
Users must create a username and password when registering on the Platform. All usernames and passwords are personal to the User and should be kept confidential.
Users are solely responsible for their usernames and passwords.Users must inform Mindler without delay if they notice a security breach that may involve the disclosure of their username and / or password, so that Mindler can take any appropriate measures without delay to have the problem remedied. Mindler will then deactivate the User’s account and send the User a link to reset their password by email to the address their User account is registered to.
Unsubscribe from the Platform
Users can unsubscribe from the Platform at any time by requesting the deletion of his account by email to the address firstname.lastname@example.org.
The User acknowledges that unsubscribing from the Platform will result in the deletion of all of their data and content on the Platform, with the exception of data that must be kept by Mindler for legal or regulatory reasons.
The User may, however, create a new account at any time by repeating the Platform registration procedure.
In the event of inactivity on the User’s account for a period of 2 years, Mindler may also delete said account subject to fifteen (15) days’ notice sent by email to the User.
Nature of the teleconsultation service
The teleconsultations carried out by the Service Providers and offered to the Users on the Platform correspond to a level of psychological care that IS NOT equivalent to the medical level provided by a health center or any similar establishment.
Mindler does not offer Services requiring specialized expertise in psychiatry. Consequently, if the Service Providers detect the need to provide such psychiatric care to a User, they may interrupt the Services and to encourage the User to seek more appropriate care.
Presentation of the teleconsultation service
The User can book a teleconsultation on the Platform with the Service Provider for a specific date and time. The identity of each Service Provider, their areas of intervention and their availability are described in a description allowing the User to select the Service Provider they wish to book with.
With the exception of cases where the Service Provider is an employee of Mindler, Mindler acts only as an intermediary for setting up and hosting the teleconsultation and taking online payment from the User.
Mindler offers the Teleconsultation Service on its Platform free of charge. However, the User will be liable for the price of the teleconsultation with the Service Provider, which the User expressly accepts at the time of booking.
Conditions of access to the teleconsultation service
Users will only be able to access the Teleconsultation Service if they have the following equipment:
- A mobile phone or tablet equipped with a camera and a microphone in good working order
- An internet connection with sufficient speed and bandwidth.
Otherwise, the teleconsultation cannot be carried out and the User must make a new reservation and have suitable equipment available. The teleconsultation fee will not be refundable in the event of malfunction of the User’s equipment or internet connection during the teleconsultation.
The costs of the equipment and connections necessary to access the teleconsultation service are the sole responsibility of the User.
Booking a teleconsultation
The reservation is confirmed by the User by the “double click” which constitutes an electronic signature of equivalent value to a handwritten signature.
- The User creates a personal account or connects to his account by following the instructions displayed on the screen. All fields must be completed to complete registration and reservations. Registration and connection to the User’s personal space is a mandatory prerequisite for any teleconsultation reservation.
- The User consults the teleconsultations offered by the Service Providers, their areas of specialization and the price of the teleconsultations offered on the Platform.
- The User chooses the Service Provider, the date, the time, and indicates the reason for the teleconsultation. For any difficulties encountered or for any questions, the User can contact Mindler customer service by email email@example.com.
- Before confirming the reservation, the User must check the content of the reservation as well as its total price and corrects any errors that may have occurred (1st click).
- The User accepts the General Conditions of Use by checking the relevant box.
- The User validates their reservation (2nd click) and clicks on the “Pay” button.
- The User will be redirected to an approved payment platform and proceed to the payment of their teleconsultation.
- The User will receive an email confirming his reservation summarizing the details of their teleconsultation.
Confirmation of the reservation expresses the User’s final acceptance of the prices and details of the reserved teleconsultation.
Following the finalization of their reservation, the User will receive by email a summary of their payment and the reserved teleconsultation.
Mindler reserves the right to refuse a teleconsultation reservation if the User has not fully or partially settled the costs of a previous teleconsultation or where a payment dispute is in progress.
Proof of the transaction
The computerized registers, kept in Mindler’s computer systems under reasonable security conditions, will be considered as proof of communications, reservations and payments made on the Platform.
It is expressly agreed that, barring a manifest error on the part of Mindler, the data stored in its information system has probative force with regard to reservations made by the User.
When confirming the reservation online, the User will obtain a reservation number and summary, constituting proof of their reservation. Users can also find the history and of their teleconsultation bookings and payments in their User Area.
Cancellation or modification of the reservation
A reserved teleconsultation can be cancelled by a User free of charge up to 24 hours before the teleconsultation start time. If a reserved teleconsultation is cancelled within the timeframe indicated above, the payment made for the canceled teleconsultation will be refunded to the User, via the original payment method, within fourteen (14) days.
Users are not entitled to a refund of the costs of a cancelled teleconsultation, if the cancellation is made less than 24 hours before the time at which the teleconsultation was scheduled.
If there is a cancellation of the teleconsultation by the Service Provider, the sums paid by the User will be refunded to the User, via the original payment method, within fourteen (14) days.
Any modification of the teleconsultation requires a new reservation by the User.
Conduct of the teleconsultation
Users are invited to connect to the teleconsultation from their personal space, a few minutes in advance to check the quality of their internet connection.
With the exception of cases where the Service Provider is an employee of Mindler, the teleconsultations are carried out by the Service Providers completely independently and under their sole responsibility. All Service Providers are required to comply with the ethical and legal obligations applicable to them, including those to which they are subject under any body by which they are regulated.
The teleconsultations offered on the Platform can in no way replace a diagnosis, a medical consultation, or treatment by a psychologist.
Given the technical design of the Service and the Platform, the teleconsultation Service is limited to certain specific types of treatment. These are indicated on the Platform at all times.
When a User creates an account, Mindler can offer them a free teleconsultation. The details of this free teleconsultation are specified during the User account creation process. Only one free trial may be undertaken per User.
Mindler reserves the right to refuse or revoke the free teleconsultation in the event of abuse by the User, and in particular if Mindler has reason to believe that a User has already benefited from a free teleconsultation using another account.
Free trials may not be used in conjunction with other promotional offers (see offer terms for more information about exclusions).
PRICE AND PAYMENT
Teleconsultations are provided at the rates set on the Platform. The prices are indicated in euros, excluding taxes and all taxes included and take into account the VAT applicable on the day of the reservation.
Payments for teleconsultation Services must be made in full by credit card or other approved method (as stated on the Platform) from Mindler on the day of the reservation, and in any event before the teleconsultation.
Payments made by the User will not be considered final until Mindler has actually received the amounts due.
A receipt for payment will be sent to the User by email.
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 these General Conditions of Use to its employees using the Services.
LIMITATION OF LIABILITY
With the exception of cases where the Service Provider is an employee of Mindler, the User acknowledges that the Services offered by Mindler are limited to the provision of the Platform to enable access to teleconsultations.
Providers, who are not Mindler employees, are and remain solely responsible for fulfilling their obligations to the User under the contract between the Provider and the User, to which Mindler is not a party.
To the extent permitted by law, Mindler’s liability is limited to the accessibility, content, use and proper functioning of the Platform under the conditions set forth herein.
Mindler’s accepts no responsibility for any loss or damage experienced by a User or a third party as a result of:
- use by the User of the Platform contrary to its purpose;
- due to the use of the Platform or any service accessible via the Internet;
- due to non-compliance by the User with these General Conditions of Use;
- loss of internet connectivity;
- the occurrence of technical problems and / or a cyber-attack affecting Mindler or the premises, facilities and digital spaces, software, and equipment belonging to or placed under the responsibility of the User.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, proprietary rights and other intellectual property rights in Mindler’s trade marks, company name, Platform and all materials used and / or provided by Mindler on the Platform belong to Mindler.
Any copying, modification, transfer and / or other use of Mindler materials that is not expressly authorized in writing by Mindler is prohibited. The User acknowledges and accepts that the unauthorized use of Mindler’s intellectual property rights constitutes a violation of these General Conditions of Use. 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.
This stipulation will apply even after these General Terms and Conditions of Use between Mindler and the User have ceased to apply.
PROTECTION OF PERSONAL DATA
The provisions relating to the processing of the User’s personal data appear in Mindler’s Personal data protection policy, accessible from all pages of the Platform and at the following address: https://mindlercare.com/uk/privacypolicy/
Mindler takes seriously any unauthorized use of the Platform and User accounts in violation of these Terms of Service and / or our policies applicable at all times regarding data processing, security, ethics, etc. For example, it is forbidden to film teleconsultations with the Service Providers or to distribute these documents by any means whatsoever.
Mindler reserves the right to remove information from the Platform, to terminate the User account in accordance with the termination provisions of these General Conditions of Use, to take other measures due to a violation of the General Conditions of Use by the User or to protect the reputation of the Platform and / or protect it from inappropriate use at any time.
Mindler reserves the right to take any legal action it deems appropriate against unauthorized use of the Platform or User accounts, including, without limitation, requiring the User to compensate and indemnify Mindler for all damages so caused to Mindler (including, but not limited to, representatives’ fees, legal costs and all third party claims).
DURATION OF THE AGREEMENT
These General Conditions of Use, as 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 Platform or the closure of their account by Mindler under the termination provisions below.
The User has the right at any time to terminate his account with immediate effect. In the event of termination, Mindler will delete all information relating to the User on the Platform, with the exception of data which it is legally obliged to keep.
Mindler is entitled to terminate the User’s account in the event of a breach by the User of these General Conditions of Use. In the event of termination, the User’s account will be deleted and these General Conditions of Use automatically cease to apply, with the exception of clauses intended to survive them. Information about the User that is stored on the Platform will be promptly deleted with the exception of information that Mindler is legally required to retain.
Users whose accounts have been deleted in accordance with this section are not permitted to re-register or create a new account on the Platform without the express permission of Mindler.
CHANGE OF TERMS OF SERVICE
Mindler reserves the right to make changes to the Services offered on its Platform. When the development of new Services affects these General Conditions of Use, the User will be informed of these changes on his account on the Platform and / or by e-mail and may be invited to consent to the modification of the General Conditions of Use.
In the event of refusal of the new General Conditions of Use, the User expressly acknowledges that he will not be able to access the Services offered on the Platform.
ASSIGNMENT OF USER RIGHTS AND OBLIGATIONS
The User may not assign to a third party the rights and obligations he holds under these General Conditions of Use.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES