Terms of Use
MENTALINE LIMITED (“MENTALINE”) WEBSITE TERMS OF USE (“Terms”) IMPORTANT LEGAL NOTICE
1. INTRODUCTION
1.1 These Terms applies to the entire contents of the website under the domain name mentaline.com (Website) and any usage, service or correspondence facilitated or introduced through the Website. Please read these terms, our Privacy Policy and other guidelines carefully before using this Website. If you do not agree to be bound by these terms, please do not use this Website/enter this Website.
1.2 MENTALINE is a company registered in England and Wales with registered company number 07095977, whose registered office is at 35 Catherine Place, London, SW1E 6DY.
1.3 MENTALINE introduce ‘You’ or ‘the Users’ to online therapy, counselling and life coaching services and provides a secure interface for Users to communicate with online Therapists. In these Terms ‘Therapist’ means psychiatrists, psychologists, psychotherapists, life coaches, licensed clinical workers, mental health counsellors and other mental health professionals.
1.4 MENTALINE is committed to use state-of-the-art technology to provide the Users with the most secure interface for confidential communication with Therapists. MENTALINE uses SSL encryption for security. However, the Users should be aware that online consultations represent a risk to confidentiality that is not typically there in face-to-face consultations.
1.5 PLEASE NOTE that MENTALINE is a technology provider and not a provider of therapy, counselling, life coaching or other professional services and the relationship and legal contract for the provisions of these services are between You and the Therapist that you place your consultation with.
1.6 ACCESS to some areas of the Website, taking advice or submitting information may be restricted to you (a) if you are a minor without verified consent from your parents or guardians; or (b) your location is in a country or state where the laws prohibit usage or participation; or (c) is a country banned from trading with the UK or its people. By accessing such areas of the Website you warrant to MENTALINE that you (a) are an adult; and (b) have the legal right to initiate the usage of the material in restricted area; and (c) will not, in any way, enable, permit, facilitate or introduce any minors or other person(s) to use the area who is restricted from doing so.
1.7 By accessing any part of this Website, you indicate that you accept these Terms. If you do not accept these Terms of Use, you must leave this Website immediately.
1.8 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection or use your account are aware of these Terms and that they comply with them.
1.9 MENTALINE may revise these Terms at any time by updating this posting. You should check this Website regularly to review the current Terms, because it is binding on you. Some of these Terms may be overridden by terms on other pages of this Website.
2. CONTENT AND FORUMS
2.1 THE CONTENT on the Website is provided for general information purposes only and is intended to be complimentary but not in any way to be a substitute for face-to-face professional advice or treatment. Nor should the content be relied upon for the diagnosis or treatment of a mental or medical condition. If you seek such advice or treatment you should consult with a licensed Therapist. Individuals with URGENT MEDICAL PROBLEMS should IMMEDIATELY seek advice and treatment from a general practitioner or doctor.
2.2 IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR OTHERS, PLEASE IMMEDIATELY CALL NATIONAL EMMERGANCY TELEPHONE NUMBER, NOTIFY THE POLICE OR CONTACT THE EMMERGENCY MEDICAL SERVICES.
2.3 OPINIONS expressed on the Website are solely the opinions of the Therapists or other authors of such material posted or appearing on the Website. MENTALINE does not endorse any information, material, or opinion that may be posted on the Website.
2.4 RELIANCE on any information on the Website is solely at your own risk and MENTALINE does not assume any liability or responsibility for damages or injury to persons or property arising from the use of any information or material of any nature provided on the Website.
3. THERAPISTS AND INTERACTIVE AREAS
3.1 MENTALINE provides a secure interface for Users to access to online therapy, counselling and life coaching professionals and related goods and services. If you select to interact with a Therapist on our Website or acquire any of their shop products, your relationship is strictly with the Therapist.
3.2 MENTALINE requires all Therapists to provide proof of licensure or certification and liability insurance required to conduct their private practice within their area of expertise before being granted access to the Website and technology, but MENTALINE does not endorse or recommend any Therapist on the Website.
3.3 THERAPISTS are not employees or agents of MENTALINE, and if you choose to interact with a Therapist, your relationship is strictly with the Therapist and MENTALINE assumes no responsibility for any act or omission of any Therapist.
3.4 YOU acknowledge that although the Website facilitates the introduction to online Therapists MENTALINE cannot predict or assess a Therapist’s competence and appropriateness for your needs. You take full responsibility for the decision to access and interact with a Therapist through the Website and that MENTALINE’s is solely providing an interface to access the Therapists and their services for your consideration.
3.5 ONCE you have selected your preferred online Therapist from the listings and gallery you will be given the opportunity to submit your booking request for a consultation, masterclass or other session or service by selecting to proceed. Please note it is important that you check the information that you enter and correct any errors before you proceed since once you click on this input errors cannot be corrected.
3.6 IF at any time prior to you selecting to proceed, you decide that you do not wish to proceed with your order, you should close the application window.
3.7 ON RECEIPT of your booking request, MENTALINE will begin processing your request for a consultation, masterclass, session, shop product or other service with the selected Therapist and will send you notification by email that your booking or order has been received and is confirmed and that your payment has been authorised.
3.8 WHERE any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
3.9 PLEASE note that once you have made your request and your booking or order has been confirmed, should you cancel we may charge you a cancelation fee depending of the circumstances of the cancelation, hereunder the timing of the cancelation and the value or nature of the session(s) involved.
3.10 NOTE that online therapy, counselling and life coaching services are intended to be complimentary to medical evaluation, treatment or face-to-face consultation rather than a substitute. Not all problems or conditions are suited for online therapy. Your Therapist may therefore refer you to other practitioners or facilities if it becomes apparent that more intensive or in-person treatment may be warranted.
3.11 MENTALINE are committed to provide the Users with the most secure interface for confidential communication with Therapists. A Therapist may, however, be permitted or required to breach the confidentiality if the User is in such mental or emotional condition that he or she is a danger to him or herself or others. The Therapist may for instance also be under a duty to report suspected child abuse or neglect, elder abuse or dependant adult abuse. The User should consult the Therapist as to the specific limitations the Therapist is subject to in respect of the confidentiality.
4. FEEDBACK FORUM RATING SYSTEM
4.1 MENTALINE provides a feedback and rating system, which is a forum for the Users to express their opinion. All Users are asked to use caution, tact and good judgement when leaving feedback to their Therapist to ensure precision and avoid abuse of the rating system.
4.2 YOU undertake not to do anything that may devalue the referral or feedback system for Users used to secure feedback, hereunder imparting negative comments for a Therapist failure to do something that is beyond the scope stipulated in the selected listing.
4.3 OTHER Users may be able to read what you have written and you may be held legally responsible for libellous remarks and damaging someone’s reputation for defamatory remarks is a ground for slander.
4.4 MENTALINE does not investigate the accuracy of the feedbacks nor does it censor these remarks, but MENTALINE has the right to remove feedbacks, hereunder in the situations where the feedback (a) includes personal recognisable information; (b) is made by a Therapist for him or herself; (c) is made by a fictitious User, or include content that is prohibited by clause 9.3.
5. COMPLAINTS
5.1 CUSTOMER CARE is extremely important to MENTALINE, therefore, in the event that you are dissatisfied with a session facilitated through this Website, you are able to lodge a formal complaint, Please note that any complaint must be lodged with our customer care team using the method described below within 48 hours of the session with the Therapist.
5.2 ANY complaints should be in writing by using the Contact Us page on the Website, giving full details required by MENTALINE to substantiate your claims regarding the session, including the date, payment method and Therapist information. You should also provide your preferred means of communication in order for MENTALINE to respond to the compliant.
5.3 MENTALINE will investigate any complaints lodged, within 14 days and report the outcome to you of their investigation by the preferred method of communication expressed.
5.4 MENTALINE has complete discretion to refund up to the total amount charged by the Therapist for the session you are unhappy with, following completion of their investigation. MENTALINE shall have complete discretion in deciding whether to refund on complaints lodged after the 48 hour deadline period has expired.
5.5 MENTALINE may also in its discretion chose to remove the Therapist subject to a complaint, following the completion of an investigation.
6. PRICE AND PAYMENT
6.1 MENTALINE may revise these Terms at any time and without prior notice by updating this posting. You should check this Website regularly to review the current Terms, because it is binding on you. Some of these Terms may be overridden by terms on other pages of this Website.
6.2 PRICES will be as quoted on this Website. These prices include VAT (or similar taxes), where applicable depending on your location and the location of the Therapist.
6.3 YOU are responsible for the full payment for any treatment or other services rendered by Therapists using the Website. If You wish for the service received by you to be covered by your insurance company or any health plan, you must seek confirmation prior to commencing a session or consultation that they cover services rendered by the Therapists. MENTALINE shall require you to make full payment for services received by You and You should not expect reimbursement for online therapy unless you have received an indication in writing that such coverage is available from your insurance company or health care provider.
6.4 THIS Website contains a large number of services and it is always possible that some of the services may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website MENTALINE normally contact you before the consultation in question takes place. MENTALINE is under no obligation to ensure that the consultation is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
6.5 PAYMENT for all orders must be by credit or debit card or other payment methods as stated on this Website.
6.6 A DISCOUNT may apply to your order if you use a promotional code recognised by this Website and endorsed by MENTALINE.
6.7 PLEASE note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
7. LICENCE AND COPYRIGHT
7.1 YOU are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified;
(b) no graphics on this Website are used separately from accompanying text; and
(c) our copyright and trade mark notices and this permission notice appear in all copies.
7.2 UNLESS otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by MENTALINE, the Therapists or MENTALINE’s licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with paragraph 7.1 is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3 EXCEPT as stated in paragraph 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 ANY rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1 While MENTALINE tries to ensure this Website is normally available twenty four (24) hours a day, MENTALINE will not be liable if this Website is unavailable at any time or for any period.
8.2 ACCESS to this Website may be suspended temporarily and without notice.
8.3 SHOULD you and your Therapist be unable to conduct a pre-booked online consultation or masterclass due to the Website being unavailable, MENTALINE will endeavour to reschedule your consultation or masterclass with the same Therapist. Should rescheduling not be possible then You will be refunded in full for such sessions.
8.4 UNFORTUNATELY, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. USER MATERIAL AND CONDUCT
9.1 OTHER than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. MENTALINE will have no obligations with respect to such material. MENTALINE and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
9.2 MENTALINE does not assume any liability or responsibility for the content or consequences of posting your communication using the interactive areas of the Website. If you feel threatened or believe that someone else may be in danger, contact your local law enforcement agency immediately.
9.3 YOU are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) that has adult content; or
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country; or
(e) which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.4 YOU may not misuse the Website (including by hacking).
9.5 MENTALINE will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 9.3 or paragraph 9.4.
9.6 YOU undertake to indemnify and hold MENTALINE harmless from any and all liability, causes of action, claims and expenses including reasonable legal fees and court costs, related to a violation of these Terms and as a result of any information, material, or content placed by you on the Website.
9.7 YOU release and undertake to hold harmless MENTALINE, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of a Therapists accesses through the Website.
10. LINKS TO AND FROM OTHER WEBSITES.
10.1 LINKS to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. MENTALINE has not reviewed all of these third party websites and do not control (and are not responsible for these websites or their content or availability). MENTALINE does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 YOU may link to this Website homepage, provided that you do so in a fair and legal way which does not damage MENTALINE’s reputation or take advantage of it.
10.3 YOU must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by MENTALINE where none exists.
10.4 THE Website from which you link must comply with the content standards set out in these Terms.
10.5 MENTALINE has the right to withdraw the linking permission at any time.
11. DISCLAIMER
11.1 WHILE MENTALINE tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. MENTALINE may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and MENTALINE make no commitment to update that material. In particular, we do not promise that the information provided by the Therapists and displayed on this Website such as the subjects, pricing, calendars, and time tables for consultations is correct or up to date.
11.2 THE MATERIAL on this Website is provided without any conditions, warranties or any other terms. MENTALINE provide you with this Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Terms might apply in relation to this Website).
11.3 YOU are responsible for the security of your password that you used to register with this Website. MENTALINE strongly recommends not using the Website on public computers. Unless MENTALINE negligently discloses your password to a third party, MENTALINE will not be liable for any unauthorised transaction entered into using your name and password.
12. LIABILITY
12.1 MENTALINE, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort, contract or otherwise) in connection with this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
12.2 MENTALINE takes full responsibility for the communication and interface between Users and Therapists as set out in these Terms. MENTALINE’s customer care team will, subject to your compliance with these Terms and cooperation, use all reasonable endeavours to resolve any issues arising from the submission of communications via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the provisions of online therapy’s is between You and the Therapist that you place your consultation with. MENTALINE cannot give any undertaking that the consultations ordered from Therapists through this Website will be of satisfactory quality and any such warranties are disclaimed by MENTALINE. Neither can MENTALINE give an undertaking that the estimated cost of the Consultations and timetables stated on this Website are accurate. These disclaimers do not affect your statutory rights against the Therapists.
12.3 NOTHING in these Terms excludes or limits our liability for death or personal injury arising from MENTALINE’s negligence, nor MENTALINE’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.4 WITH the exception of any liability referred to in paragraph 12.3 above, MENTALINE and the Therapists’ total liability to you in relation to your use of the Website and the services of the Therapists including (but not limited) to liability for breach of these Terms and tort (including but not limited to negligence) is limited to an amount equivalent to the total fees paid for consultations in the past 3 months.
12.5 IF your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
13. TERMINATION
13.1 MENTALINE may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
(a) MENTALINE believes you have posted material in breach of paragraphs 9.3, 9.4 or 9.5 (Therapist Material and Conduct);
(b) MENTALINE believes that you have breached paragraphs 10.2, 10.3 or 10.4 (Links to and from other websites); or
(c) if you breach any other material terms of these Terms.
13.2 UPON termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
14. ADDITIONAL TERMS
14.1 MENTALINE is committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available here.
14.2 YOU undertake not use the Website for any purposes which would violate any laws, impersonate another person, or engage in any other conduct which, in the opinion of MENTALINE, inhibits or restrict others from using and enjoying the services.
14.3 IF any provision or part of a provision of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
14.4 ANY failure or delay by you or MENTALINE in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
14.5 YOU may not transfer any of your rights or obligations under these Terms without MENTALINE’s prior written consent. MENTALINE may transfer any of its rights or obligations under these Terms without your prior written consent to any business that MENTALINE enters into a joint venture with, purchase or are sold to.
14.6 HEADINGS in these Terms are included for convenience only and shall not affect their interpretation.
15. GOVERNING LAW AND JURISDICTION
15.1 THESE Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.