Terms of Use

Introduction

Please read these Terms of Use carefully (“Terms”). These Terms govern and apply to your access and use of the Mindsum platform offered by via the Mindsum website and Mindsum mobile apps (“App”) (all hereinafter collectively, “Mindsum Platform” and the Mindsum “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”).By using the Mindsum Platform you agree to comply with and to be bound by all of the terms and conditions described in these Terms which shall take effect immediately on your first use of the Mindsum Platform, including this website and mobile apps.

Mindsum reserves the rights to change these terms and conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.

 Disclaimer

Mindsum provides information about children and young people’s mental health for use as information or for educational purposes. Other than the guidance and advice you receive directly by you from your licensed Provider, the other educational, graphics, research sources and other incidental information on the Site, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Mindsum does not endorse any specific tests, medications, products or procedures. If a child or young person is in immediate danger, you should contact the emergency services.

If you are a medical or health professional, then you are encouraged to use the Mindsum website for general information purposes. However, you should not rely on material included here and we do not accept any responsibility if you do.

Mindsum does not guarantee that the Website will be uninterrupted or error-free, or that the Website or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your computer is suitable to use the Website. 

Use of the Mindsum Platform

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorised access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Mindsum nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

You must be over 16 or over or have consent from a parent or guardian to view or use the Website. You agree that any information you provide to us is true. Any information you provide to us through the Website will be treated in accordance with our Privacy Policy.

Mental Healthcare Providers

Mindsum does not directly employ Mental Healthcare Providers (“Providers”). matched through the Service. Mindsum created a modern, digital health network of digitally trained and accredited Providers. The Mindsum Network only works with independent, licensed, insured and vetted professional Providers. Mindsum verification process includes, but is not limited to:

  • Verification of licensure. The practitioner holds a valid, current license to practice which is verified directly from the government license agency.
  • Verification of proper education and degree.
  • Verification DBS certificates
  • Verification of a minimum of three years’ work history and confirmation that the Provider can practice independently
  • Verification of any applicable specialised training.
  • Verification of any Medicare and Medicaid sanctions.

Your relationship with the Provider is strictly with the Provider. Mindsum is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint.

You are always advised to exercise a high level of care and caution in the use of Mindsum Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Mindsum with traditional face-to-face appointments. Mindsum supports a holistic approach to mental health and the choices You have to create the best therapeutic journey suited to your individual requirements.

Content Copyright

The content of the Website is owned by Mindsum, partners or affiliate organisations or third parties. No content from the Website may be copied, used or reproduced without our written consent, except where it is used for research and non-commercial use where no consent is required.

Intellectual Property

All of the content available on or through the Service is the property of Mindsum or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Mindsum or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

Limitations of Liability

In the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the service. Under no circumstances shall Mindsum, any Mindsum licensor or supplier, or any third party who promotes the service or provides you with a link to the service be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.

Under no circumstances shall Mindsum, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the service or provides you with a link to the service, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of Mindsum Platform or Service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Mindsum or they have been advised of the possibility of such damages.

Terms and conditions of sale

To purchase items from Mindsum online shop, you need to register as a customer. All information sent during the registration process is encrypted and the shop is secured using an SSL certificate.

Although the Mindsum Shop website uses encryption security software in areas where on-line payment details are accepted, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by you when transmitting information by means of email or other internet links shall be borne solely and exclusively by you and in no event shall any such loss in whole or in part be borne by Mindsum or its agents.

When you place an order, you will be sent an acknowledgement email stating the order number, date and time of order, billing and shipping information, goods ordered, subtotal, shipping cost and grand total.

Description of the goods

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.

Availability

The supply of goods from this website is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. In the case of this happening a refund will be given.

Alteration of service or amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Purchase at any time. You will be subject to the policies and Terms and Conditions of Purchase in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Contracts are concluded in English and are subject to the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

You have the right to cancel your order within seven working days. Any notice of cancellation should be sent to orders@mindsum.org

Goods can be returned as ‘unsuitable’ within 30 days of delivery. If you request a refund, your payment for the item will be refunded within 30 days. If you paid by credit card the refund will be made to the card. Otherwise, a cheque will be sent to you within this period. Refunds for goods lost in transit will only be made on receipt of proof of postage.

None of the above terms and conditions affects your statutory rights.

International Use and The GDPR

The Mindsum Platform advises both its Clients/Users and practising Platform Providers to be aware of and respect and complies with the local laws of any international based Client. Mindsum is cognisant and respects the formal promulgation of the existing European Union (EU) data privacy regulations, commonly referred to as “GDPR.”

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data: As outlined in this Terms of Use, Mindsum does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered Users.
Access to collected data: At Mindsum, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.
Clear Consent: At Mindsum our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.
Security: At Mindsum we have encrypted our data from day one and has always been stored in an anonymised form as required by the GDPR.
Notice/Audit: At Mindsum, we will provide our Users notice of any data breach and we employ a full-time security Officer, as well as engaging a third-party security firm to periodically audit both or code and technology security as well as our policies and procedures around data security.

Termination

Mindsum may suspend or terminate your access to the Platform and Service at any time, for any reason or for no reason at all. Mindsum has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Mindsum reserves the right to change, suspend, or discontinue all or part of the Platform and Service, temporarily or permanently, without prior notice.

These Terms of Use were last updated on 07 May 2020.

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