Website Terms and Conditions

Terms and Conditions

Important Notice

The Platform is not an emergency service.

If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on This Platform.

You should dial 999 or 112 for emergency services, visit your local A and E or make an appointment to see your GP immediately.

Who we are

The Platform or This Platform (as defined below) is provided by Online-cbt.com/The Online Therapy Clinic/Minds Over Business, trading as Miralles and Sapa Ltd, a limited company, registered in England and Wales under company number 13602293 whose registered office address is 2 Frederick Street, Kings Cross, London, United Kingdom, WC1X 0ND.

When referring in this agreement to the terms “The Platform”, “This Platform”, “The Service” or “This Service” or “Our Service”, we refer to Online-cbt.com/The Online Therapy Clinic/Minds Over Business.

When referring in this agreement to the terms “You”, “Your” or “Yours” when used in these User Terms means you as a User.

  1. Online-cbt.com/The Online Therapy Clinic/Minds Over Business is a platform that provides mental health related services including, but not limited to, connecting people with Therapists/Counsellors/Assessors/Psychiatrists/Psychologists for consultations online. These are referred as “Associate/s” or “Our Therapists”

By accessing the platform and booking a therapy session, you are entering into this agreement. You should read this agreement carefully before starting to use the platform. If you do not agree to be bound to any term of this agreement, you must not access the platform.

The platform’s role is limited to enabling you to book therapy sessions, while the “Associates” services themselves are the responsibility of the “Associates” who provides them. If you feel the services provided by the “Associate” do not fit your needs or expectations, you may change to a different “Associate” who provides services through the platform. Therefore, when booking and participating in a session, you are entering into an agreement with the relevant “Associate” and not with The Platform.

The Platform is not a party to any agreement between you and any “Associates” and Online-cbt.com/The Online Therapy Clinic/Minds Over Business can accept no responsibility or liability for “Associates”. By using the Service, you confirm that you understand and agree to use the Service on such terms.

Each “Associate” provides services under their own terms and conditions and those terms will govern the relationship between you and your therapist/counsellor, in additional to these terms and conditions.

The agreement that you enter into with an “Associate” each time you book and participate in a therapy session is appended to these User Terms. Please read this carefully before booking and participating in any sessions.

  1. In order to use the platform, you need to provide us with some details. As a minimum, you will need to provide us with your name, email address, the type of condition to be addressed by the therapist and your preferred meeting method.

Upon taking your booking we may request information including your full contact details, GP details and an emergency contact or next of kin. This is to ensure that we are able to deliver an appropriate care and in the event that it is needed to take the steps necessary in case of any risk arising during sessions.

If you decline to share this information, you take whole responsibility of any unexpected circumstances. The Platform and/or the Associates are not liable for your decision to not share this information. If the Associate or the Platform believe to be appropriate and necessary we may not offer or discontinue services.

You must be at least 18 years of age to use the Service, and be using the Service for yourself, or in order to facilitate treatment for somebody in your care.

If you are using the Service on behalf of somebody who is under 18 years of age, does not have the capacity to enter into legal relations or is otherwise incapable of using the Service without assistance from another person (for instance, due to a disability or impairment), then you warrant that you have either the authority, or their explicit consent, to use the Service in an administrative capacity on their behalf. In this case, you enter into these User Terms with Online-cbt.com/The Online Therapy Clinic/Minds Over Business on behalf of your dependant and these User Terms will apply to you. You will also procure that the person on whose behalf the Service is used, and who attends the sessions, will also comply with these Terms and the Therapist/User Agreement.

  1. Using the service.

3.1. Equipment

To use the Online Service for 1:1 session, you will need a device that is capable of accessing the Internet (such as a laptop, desktop, phone, tablet).

3.2. Finding and Booking sessions

You are able to email Online-cbt.com/The Online Therapy Clinic/Minds Over Business to request a face to face or online session. Any request you make to attend a session will only become binding upon you and the “Associate” when the booking of the session is confirmed.

3.3. Communications with therapists

You understand and agree that any user/Associate relationship developed between you and any “Associate” as a consequence of the use of Online-cbt.com/The Online Therapy Clinic/Minds Over Business should continue to be conducted via Online-cbt.com/The Online Therapy Clinic/Minds Over Business platform via the booking portal. All communications, bookings and transactions must be conducted through the booking and payment system provided to the “Associates” by Online-cbt.com/The Online Therapy Clinic/Minds Over Business.

Messages which you send to Online-cbt.com/The Online Therapy Clinic/Minds Over Business will be forwarded to therapists via email so that they are able to get in touch with you. Your first name will be disclosed in messages to “Associates”, and both you and the “Associates” will receive decrypted messages. Messages are decrypted in order for Online-cbt.com/The Online Therapy Clinic/Minds Over Business to provide contextual support for administrative purposes and improvement of the Service (for example, suggestion of booking times). Aggregate data (in relation to which individuals will not be identifiable) may be collected for statistical and analytical purposes. Messages are not decrypted for any other purpose. Messages between you and the therapist will not be vetted by Online-cbt.com/The Online Therapy Clinic/Minds Over Business for purposes related to your health and safety. To the extent permitted by law, Online-cbt.com/The Online Therapy Clinic/Minds Over Business will have no liability with respect to the contents of any message sent by you or by the therapist.

3.4. Participating in sessions

“Associates” are responsible for the content of their sessions. Although “Associates” have been trained in many therapeutic specialities and attend regular supervision as per the guidelines of their accrediting body, we do not vet the content of their individual sessions, their methodology, techniques or therapeutic approach. We can accept no responsibility or liability in respect of the sessions provided by therapists/counsellors.

Following your participation in a session, you may provide private feedback regarding the therapist to Online-cbt.com/The Online Therapy Clinic/Minds Over Business. This feedback will not be published on the platform, but may be used internally by Online-cbt.com/The Online Therapy Clinic/Minds Over Business to assess a therapist’s performance. You agree to be honest in your feedback.

You agree that you will not record any sessions.

3.5. Your Health

You are responsible for ensuring that you are fit to undertake therapy. This platform may be used for those who may have mild to moderate mental health problems. If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on the Services. You should dial 999 or 112 for emergency services.

The advice or information provided by a therapist/counsellor, prior to or during a therapy session, cannot be considered a substitute for examination by a medical doctor. You are advised to exercise a high level of care and caution in the use of the Service.

You must not participate in any activities which you have been told are not suitable for you.

The free content on our site is provided for general information purposes only and is not intended to constitute medical diagnosis or advice and should not be relied upon as such. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the free content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

  1. Therapists/Counsellors

Every “Associate” have a profile on which you can view their information.

All “Associates” listed on the platform have confirmed to us that they are licensed, accredited or registered (as the case may be) with an accrediting body (including BACP, UKCP, BABCP, HCPC, COCSA, BPC, CPSRT, NCS, EMDR UK or any other body we may deem appropriate from time to time). Other than receiving this confirmation, we do not vet therapists or their sessions in any other way.

All “Associates” listed on the platform have confirmed to us that they adhere to the ICO and GDPR, and they do so when collecting and storing information. The platform does not keep any therapy notes from you or users.

All “Associates” listed on the platform have confirmed to us that they have an appropriate insurance to practice.

You understand and agree that although an accredited “Associate” may have been contacted through the platform, we cannot predict or assess the competence of any “Associates” or their appropriateness for your individual needs.

Online-cbt.com/The Online Therapy Clinic/Minds Over Business does not make any representation or guarantee as to:

(a) any “Associate” or their service (whether through the platform or not);

(b) any information regarding the “Associates”, including but not limited to the information included on their profile;

(c) a “Associates’” availability and responsiveness on the platform;

(d) the relevance and usefulness of an “Associates’” advice or sessions; or

(e) success of the sessions or treatment.

You take full responsibility for the decision to contact and/or attend a session with an “Associate”. The platform is strictly limited to providing access to such “Associates” for your consideration.

  1. Payments

5.1. The Platform (Online-cbt.com/The Online Therapy Clinic/Minds Over Business just connects you with the therapist) is an Agent

When you book a session, you enter into a contract with the relevant “Associates” to receive services from the “Associates” (and the platform just connects you with the therapist/counsellor). Online-cbt.com/The Online Therapy Clinic/Minds Over Business provides a booking and confirmation system for “Associates”, which enables “Associates” to book in sessions, request payment, and send reminders to the users.

“Associates” fees are fixed for each session (please see our website for up-to-dated prices).

Your first session is paid at the time of booking. Thereafter, you will pay for your sessions at least 48 hours or 2 working days in advance.

The Platform will in most cases receive a commission from the “Associates” for connecting you with that “Associates” and providing a booking and payment system.

5.2. Payment methods

You may pay for sessions using credit/debit card and certain other online payment processors. Upon booking you will receive a payment link or a payment platform processing (through a booking system or via email).

5.3. Refunds and cancelations

The cancelation policy is 48 hours or 2 working days.

If you cancel at any time up until 48 hours before the start of the session, you will be eligible to receive a full refund.

If you cancel after 48 hours or 2 working days, you will be charged in full for the serviced booked.

If you wish to cancel a session, you must do so through the booking system or by contacting the “Associate”. You may contact them via email or phone.

If you cannot use teh booking system, you will need to contact the “Associate” or [email protected] for any refunds queries, and you will need to give them 48 hours or 2 working days notice for any cancelations.

If (i) an “Associate” cancels a session within 48 hours of a session start time; (ii) an “Associate” is more than 20 minutes late for a session; or (iii) an “Associate does not perform a scheduled session for which you have paid; or (iv) you have any other concerns about a therapist time keeping, please let us know by emailing: [email protected]

If we find that the “Associate” has (i) cancelled the session within 48 hours of a session start time; (ii) turned up more than 20 minutes late for the session and not made reasonable adjustments to deliver the full service booked; or (iii) not turned up at all, you will have the option of requesting a refund for that particular service or rescheduling a session with that therapist for a later date.

Online-cbt.com/The Online Therapy Clinic/Minds Over Business will review your request and grant refunds at its discretion.

In the case of a refund requested for any reason other than those set out in (i) to (iii) above, Online-cbt.com/The Online Therapy Clinic/Minds Over Business reserves the right to grant or deny the requested refund at its sole discretion.

Any refund will be paid either using the booking system or via BACS transfer. Online-cbt.com/The Online Therapy Clinic/Minds Over Business reserves the right to use any means to make the refund.

 

5.4. Other Important Payment Information

You will be charged in the currency as indicated when you book a session this is usually GBP/Sterling/£.

We are not responsible for any additional fees your bank or payment provider may charge whether for payments, refund or otherwise.

Therapists take great care to the keep transactions secure. Card processing may be carried out by trusted third party payment providers on the therapist behalf. We also have strict security procedures regarding the storage and disclosure of information.

No matter how much protection “Associates” have, the security of information and payments over the internet cannot be guaranteed. Online-cbt.com/The Online Therapy Clinic/Minds Over Business shall under no circumstances be liable for any losses incurred or sustained by users who transmit information by email or other internet link.

  1. Suspension or Termination of Service

Therapist/counsellors reserve the right, acting reasonably, to immediately suspend or terminate their service if:

    • you breach these User Terms;
    • information you have provided (whether during the sign-up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these User Terms;
    • you are in breach of any applicable law or regulation, or send material which is defamatory, abusive, obscene, discriminatory or otherwise inappropriate;
    • when using the Service, you infringe any intellectual property rights belonging to us or a third party;
    • you violate any Online-cbt.com/The Online Therapy Clinic/Minds Over Business user’s privacy (or those of a third party);
    • you use the Service for any purpose not expressly permitted by these User Terms;

You acknowledge and agree that an “Associate” may share information about you and your participation in their sessions with us to the extent necessary for us to monitor your compliance with these User Terms.

  1. Complaints and Reporting.

If you have any concerns about a therapist or their sessions, then do not participate in their sessions. You can report them to us by emailing [email protected]. Following submission of any report, we may contact you for further information.

Users should make their own enquiries of prospective therapists and satisfy themselves as to their credentials. We do not endorse or approve any therapists (or their employers, if relevant). We make no representations as to, and do not warrant the accuracy of, any therapist details. You may be able to check a therapist’s accreditations via any relevant governing bodies or training providers.

  1. Disclaimer/Liability.

We cannot be held responsible for any errors in, and do not accept liability for reliance placed on, the contents of the site (including content linked from or uploaded to therapists’ profiles) and/or any omissions which may occur.

While we use every effort to ensure that the website remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the website.

Nothing in these User Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the website, or use of or reliance on any content displayed on the website.

In particular, we will not be liable for:

    • any injury or damage caused by your failure to inform your therapist of any health condition or injury, your failure to undertake therapy safely or your failure to act in accordance with any reasonable instructions from your therapist;
    • any actions or omissions of therapists;
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  1. Other Conditions.

9.1. Variation of these User Terms

We reserve the right to amend these User Terms from time to time. By continuing to use the Service after these User Terms have been updated, you accept and agree to such updated terms.

9.2. Assignment

We may assign the benefit of these User Terms and our rights thereunder to a third party on notice to you. Your rights under these User Terms will not be prejudiced. You may only transfer your rights and obligations under these User Terms if we agree in writing.

9.3. Severability

If any provision of these User Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these User Terms.

9.4. No waiver

Any waiver of any right under these User Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under these User Terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.

9.5. Entire agreement

These User Terms (as amended from time to time), along with any document expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these User Terms.

9.6. English Law

These User Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and you irrevocably submit to the exclusive jurisdiction of the courts of England.