WEBSITE TERMS OF USE FOR THERAPISTS


Last Updated 05.02.2021

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 patients. All engagements following this are between you and the patient(s) 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. 

We retain 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.

THIRD PARTY PROVIDERS

You will need to sign up independently to  third party providers such as Google to deliver the Services. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the applicable registration process. You are responsible for ensuring compliance with the terms of the applicable services that are used to provide the service. To the full extent permitted by law We will not be liable to you for any loss you may incur as a result of someone else using your account details with or without your knowledge. 


SUBMISSIONS

By using the Website, 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 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 our 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.



 


SIGN UP TERMS AND CONDITIONS

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


Creating an account

You will need to create an account with our third party providers in order to offer your services on our platform. You will not share an account with anyone else and will comply with our rules and applicable law. In order to set up an account you will be required to provide some personal information and you must ensure that these details are kept updated.

You agree to (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) not transfer any part of your account to another user(s). You are responsible for anything that happens through your account unless you report misuse.

Your provision of services 

Our Website is an intermediary that allows individual users to book consultations with  therapists. Our obligations with regards to the services offered on the Websites are governed by these terms and conditions. Nothing contained on the Websites or in these Terms shall be construed to alter terms and conditions that are specific to services.

Booking and Payment Information 

When a user selects your profile and makes payment for a session, we will pay you seventy percent (70%) of such fees paid by the user including any applicable taxes. If a user wishes to book further consultation(s) with you, you agree to direct the user to make such additional bookings through our Website. Your sessions with users will be held via a video platform called Zoom and the details of which will be provided in a calendar invitation email.

Cancellation and Termination Rights

If you move or cancel a consultation with a patient less than 24 hours before it is scheduled to take place, the payment will be refunded to the User as a credit which can be used to book another consultation. You will not be paid for sessions that do not go-ahead. However, if the client chooses to move or cancel a booked consultation less than 24 hours before it is scheduled to set place, they will incur the full cost of the session and you will be paid for the session regardless.

Either of us may terminate this contract at any time with notice to the other. On termination, you will be removed as a team member from the booking platform. Any amounts owed to you prior to termination will be paid to you within thirty (30) days of the date of termination.


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 our part of 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, 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

If a patient to whom you have provided a session(s) makes a claim against You or Us, You remain directly liable for the claim, losses, damages and all costs arising therefrom. 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.