WEBSITE TERMS OF USE FOR CUSTOMERS



INTRODUCTION

These Terms of Use (“Terms”) issued on behalf of MH Reach Out Limited trading as EverMind (with registered office at 403 Pinnacle Apartments, 11 Saffron Central Square, Croydon, CR02GL (together “MH Reach Out”, “Reach Out”, “us”, “we” or “our”). 

Please read these Terms carefully before using our website and any other websites owned and operated by MH Reach Out from time to time (together the “Websites”). By accessing and using the Websites, you expressly agree to comply with these Terms. If you do not agree with any part of the Terms, please do not use any of the Websites.

Our Service in the marketplace is limited to connecting you to a therapist. All engagements following this are between you and the therapist for which we bear no responsibility. For general information about how we may use your personal information, please see our Privacy Notice and for information about what cookies are used on the Websites, please see our Cookie Policy.

We reserve the right, and may need, to update these Terms from time to time by updating this page. We would encourage you to come back and review it from time to time. By using the Websites after we have made such updates, you agree to be bound by the revised Terms. 

MH Reach Out retains the right to deny access to anyone who we believe has violated any of these Terms. By using these Terms, you acknowledge that the Reach Out marketplace is still in Beta phase and understand and accept that parts of the Services may not be fully functional.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

The Websites are controlled and operated by MH Reach Out. All material on the Websites, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademarks, and other intellectual property rights which are owned and controlled by MH Reach Out or by other parties that have licensed their material to us. Material on the Websites is solely provided to you for personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is strictly prohibited.

LINKS

The Websites may contain links to other third party websites not owned by Us (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites.

SUBMISSIONS

By using the Websites, you warrant and represent that you will not submit or otherwise publish any content which: (a) libels, defames or invades the privacy of third parties, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to infringing anyone’s copyrights or trademarks; (c) violates any law; (d) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify us and our officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.


DISCLAIMER OF WARRANTIES AND LIABILITY

The materials on the Websites are provided “as is” and without warranties in relation to the provision of the Websites. Neither we, nor our affiliated or related entities, nor any person involved in the creation, production, and distribution of the Websites warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the server that makes them available are free of viruses or other harmful components. 

You expressly agree that, except for death and personal injury arising as a consequence of Our negligence, neither We , nor any of its respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Websites are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of any of the Websites. By way of example, and without limiting the generality of the foregoing, We shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, reliance upon or use of data, information, opinions or other materials appearing on the Websites. You expressly acknowledge and agree that We are not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

GENERAL 

These Terms shall be governed by, construed and enforced in accordance with the laws of England and Wales, and any action you, any third party or MH Reach Out bring to enforce these Terms in connection with any matters related to the Websites shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

These Terms, as updated by us from time to time in accordance with these Terms, are the entire agreement between the parties relating to the matters contained herein.

DATE OF THESE TERMS

These Terms are dated 20.01.2021.   

BOOKING TERMS AND CONDITIONS

These Terms are in addition to the Website Terms and Conditions and relate to the booking of consultations on the Website.

  • Your Purchase of Services
    Our obligations with regards to the services offered on our Websites are governed by these terms and conditions and nothing contained on the Websites shall be construed to alter terms and conditions that are specific to services. Our Service is to connect you to a therapist. All engagements following this are between you and the therapist.
  • Booking Procedure and Payment Terms
    You may browse the profiles of the therapists set out on our Website. If you select a profile for a therapist that you wish to book a consultation with, you can select your preferred date and time on their calendar. After filling in your first name, last name, email address and an optional note, you will be required to make payment by credit or debit card securely processed by Stripe. You may only book further consultations with your selected or other therapist(s) through our Website. Your consultation with the therapist will be held on an external video platform called Zoom. Once the booking is completed you will receive an calendar invitation   which will contain details on how to join your consultation as
    well as an email receipt of payment sent by Stripe.
  • Cancellation and Termination Rights
    If you cancel a booked consultation session, you will incur the full cost of the session and this will not be refunded to you.
    If your selected therapist cancels a consultation with you, your refund will be processed as a credit which you can use to book another consultation. 
    Either of us may terminate this contract at any time with notice to the other. On termination, you lose the right to access or use the booking platform. Any amounts owed by you prior to termination will remain due and must be settled immediately.

  • Confidentiality and Data Protection
    All confidential information shall be maintained in confidence and remain the sole property of the disclosing party and shall be protected by Us in the same manner and with the same degree of care (but in no event less than a reasonable degree of care) as We use in protecting our own information of a confidential nature. We shall not use such confidential information except as necessary to perform the Services.  We shall not sell, transfer, publish, disclose other than as required, display, or otherwise make available any confidential information.

    MH Reach Out shall comply with all applicable data protection and privacy laws including the General Data Protection Regulation (GDPR). You acknowledge and agree that We are permitted to hold and process personal (and sensitive) information and data about you for purposes of providing the services. You agree that we may disclose such information to third parties such as the therapists with whom you have had consultations and any such third party that you request, including where they are situated outside the European Economic Area, if such disclosure is required for the provision of services.

    For further information on how we process your personal data, please visit our Privacy Notice.

  • Limitation of Liability
    Except for claims arising from our breach of obligations under these Terms, we are not liable to you for any loss of profits or any indirect, incidental or consequential loss or damage of any kind arising in connection with these Terms, even if we have been advised or should be aware of the possibility of such damages. Our liability to you under this agreement shall not exceed the value of fees paid and/ or payable under the agreement. Nothing in these Terms limits or excludes our liability for any loss or damages resulting from death or personal injury caused by our negligence and any fraud or fraudulent misrepresentation on our part.