Mindsightful’s Terms and Conditions

THIS WEBSITE IS NOT INTENDED TO REPLACE EMERGENCY SERVICES. YOU ACCEPT THAT IF USING THIS SITE, YOUR ARE NOT IN NEED OF EMERGENCY SUPPORT. 

IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR EMERGENCY SERVICE NUMBER (NHS 111).

IF YOU ARE CONSIDERING SUICIDE, HARMING YOURSELF OR OTHERS, OR FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, PLEASE NOTIFY AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. IMMEDIATELY CALL YOUR EMERGENCY SERVICE NUMBER (NHS 111).

THE INTENTION OF THE PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE. THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE CASES ABOVE. THE PURPOSE OF THE PLATFORM IS NOT TO PROVIDE ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE OBTAINED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.

This section, along with all content is up-to-date as at 08 OCTOBER 2021

1. Introduction

  • 1.1. These Terms and Conditions (“Terms” or “Terms and Conditions”) are applicable to your relationship with the online platform (including, but not limited to, e-mails, live sessions, messaging, worksheets and the sections of our online therapy program) through which counseling may be provided (the “Platform”), operated by Mindsightful UK (the “Company”). The Terms and Conditions also contain provisions regarding your access and use of the Platform.
  • 1.2. The Terms apply to all visitors, users and others who access or use the Platform, except for (i) any counselor, consultant, practitioner, professional, expert, coach, therapist, advisor, or any other person or legal entity who registers to provide its Counselor Services (as defined below) through the Platform (“Counselors”) and (ii) the Company’s affiliates – to which separate terms and conditions apply.
  • 1.3. The terms “you”, “your,” and “yourself” refer to the individual user of the Platform and/or the Counselor Services (as defined below).
  • 1.4. Please read the Terms and Conditions carefully before using the Platform. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform you agree to be bound by the Terms and Conditions. You are not allowed to use the Platform if you disagree with any part of the Terms and Conditions.
  • 1.5. You confirm that you are (i) over the age of 18, (ii) physically located or are a resident of the state or the Country you have chosen as your current residency when creating your account, (iii) legally able to consent to receive the Counselor Services, and (iv) legally able to enter into an agreement.
  • 1.6. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information about appropriate medications or treatment for you. None of the content on the Platform or provided by the Counselor represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. The Company does not approve any specific tests, medications, products or procedures.

2. The Platform

  • 2.1. The Platform as well as any information text, graphics, photos or other materials uploaded, downloaded or appearing on the Platform is available at the Company’s website and Vcita mobile app (the “App”).
  • 2.2. The Platform shall be used to connect you with a Counselor who will provide services such as counseling, consulting and professional advice to you through the Platform (the “Counselor Services”).
  • 2.3. Other than the guidance and advice you receive directly from the Counselor, the other educational, graphics, research sources (such as the sections in our online therapy program) and other incidental information on the Platform should not be considered medical advice.
  • 2.4. The Platform shall be provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. To the fullest extent permissible pursuant to applicable law, the Company expressly disclaim all warranties of any kind, whether expressed or implied.
  • 2.5. At any time and for any reason, or for no reason at all the Company may, with or without prior notice, modify, suspend, disrupt or discontinue (i) the Platform, (ii) any part of the Platform, or (iii) the use of or access to the Platform, whether to all users or to you specifically. Further, the Company is entitled, but is not obligated to, refuse to provide access to the Platform to any person, agency or organization at any time, for any reason or for no reason at all, in its sole discretion. The Company reserves the right to without prior notice change, suspend, or discontinue all or part of the Platform, temporarily or permanently. The Company will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
  • 2.6. The Company will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility. However, no platform can be 100% reliable and accessible and the Company does not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times, or that any eventual defects will be corrected.
  • 2.7. The Company has created an accredited network and hires advanced data science available to offer the best digital tools to use the Platform. In view of the foregoing, you are always advised to exercise a high level of care and caution in the use of the Platform as you would making any mental health or medical decision.
  • 2.8. The Platform can contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements related to Third Party Content. The Company is not liable (or responsible) for the creation of any such Third Party Content, including but not limited to any related products, practices, terms or policies. Further, the Company will not be liable for any damage or loss caused by any Third Party Content.
  • 2.9. You shall be solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. The Company cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions or guidelines accessed through the Platform.

3. Your Account

  • 3.1. In order to use the Platform, you must sign up and establish an individual user account, which includes providing specific information. When establishing your account, you must also provide your personal contact information as well as a close family member’s or friend’s contact information (“Emergency Contact”), which the Counselor shall use in case of a mental health crisis or other emergencies where knowledge of your location is necessary.
  • 3.2. You undertake not to create more than one account, more than one free introductory session or an account for anyone other than yourself without prior permission from the other person. Further, you undertake not to use the account of any other person for any reason.
  • 3.3. You are always responsible for maintaining the confidentiality of your account password and username (if any) and any other security information related to your account. In the event of any unauthorised use of your account or any other concern for breach of your account security, you undertake to immediately notify the Company. The Company will not be liable for any loss or damage that you incur as a result of someone else accessing using your account, either with or without your knowledge. You are recommended to frequently change and take extra care to protect your password.
  • 3.4. You are solely and fully liable and responsible for all activities performed using your account. The Company will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorised by you or not, and you agree to indemnify and hold the Company harmless for any such damage or loss.

4. Your Use of the Platform

Your use of the Platform and your reliance upon any of its contents is solely at your risk.

  • 4.2. You are aware that in order to access and use the Platform, you must provide truthful information about your age, residence and Emergency Contact. The Counselor you access depend on this certification in order to interact with you and provide the Counselor Services.
  • 4.3. All information you have provided, or will provide in the future, in or through the Platform shall be true, accurate, current and complete. Additionally, you shall during the term of these Terms and Conditions make sure to maintain and update the information in order to continue to be true, accurate, current and complete.
  • 4.4. You shall not access or use the Platform or the Counselor Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms.
  • 4.5. You undertake not to post, send, use, store, transmit or deliver either of the following on and through the Platform:
  1. messages or information under a false name;
  2. unsolicited e-mail and/or advertisement or promotion of goods and services;
  3. malicious software or code;
  4. information that is unlawful, libelous, defamatory, fraudulent, predatory of minors, harassing, privacy invading, abusive, threatening or hateful, vulgar, obscene, racist or potentially harmful content;
  5. any content that infringes a third party right including intellectual property rights of others or the privacy or publicity rights of others;
  6. any content that may cause damage to a third party; or
  7. any content which may constitute, cause or encourage a criminal action or violate any applicable law.
  • 4.6. Further, you shall not attempt to disrupt the operation of the Platform by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Platform in any way that could damage, disable or impair the Platform. You shall not attempt to obtain unauthorized 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 Platform for any purpose.
  • 4.7. The Company is not obligated to respond to messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.
  • 4.8. In case you provide information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to believe that your account information is untrue, inaccurate, not current or incomplete, the Company reserves the right to transition your treatment to another counselor outside of the Platform and refuse any future request(s) from you to use the Platform.
  • 4.9. Your use of the Platform, including the Counselor Services, are solely for your own personal use and you shall not use the Platform or the Counselor Services for or behalf of any other person or organization.
  • 4.10. You shall not interfere with or interrupt, or attempt to interfere with or interrupt, any of the Company’s or the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
  • 4.11. You shall not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and the Company.
  • 4.12. In case you would receive a file from the Company or a Counselor, whether through the Platform or not, you shall check and scan this file for any virus or malicious software prior to opening or using this file.

5. Payment

  • 5.1. You shall only use credit cards or other payment means (“Payment Means”) which you are duly and fully authorised to use. All payment related information you have provided and will provide in the future, to or through the Platform, shall be accurate, current and correct and will continue to be accurate, current and correct. By providing the Company with your credit card information, you authorise the Company to bill and charge your credit card.
  • 5.2. You shall pay all fees and charges associated with your account on a timely basis and according to the fee schedule, the terms and the rates as published on the Platform. By providing the Company with your Payment Means you authorise the Company to bill and charge you through the Payment Means. Further, you shall maintain valid Payment Means information in your account information.
  • 5.3. The Company provide professional services, which are paid to the Counselor through a Counselor Agreement between the Company and the Counselor. Refunds for unused time are normally not granted since the Counselors charge for time which is scheduled to be used – as other medical professionals. The Company will together with the Counselor review refund requests on a case-by-case basis. In case the refund request is based on any special or legal circumstances, such as but not limited to medical, death, disability or court orders, the Company will make accommodations. In case refund is not granted or possible, the Company will be able to provide other accommodations, such but not limited to helping you find a new Counselor, extending your subscription at no or a reduced cost and providing credit for future Counselor Services.

6. Intellectual Property

  • 6.1. All content available on or through the Platform shall be the property of the Company or its licensors, and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
  • 6.2. The Platform is subject to various factors such as, but not limited to, software, hardware and tools, either the Company’s or those owned and/or operated by the Company’s contractors and suppliers.
  • 6.3. You undertake not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download through the Platform is the copyrighted work of the Company or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.

7. Limitations of Liability

  • 7.1. You will indemnify, defend, and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:
  1. your access to or use of the Platform;
  2. your use of the Counselor Services;
  3. any actions made with your account whether by you or by someone else;
  4. your violation of any of the provisions of this Agreement;
  5. non-payment for any of the services (including Counselor Services) which were provided through the Platform;
  6. (vi) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
  • 7.2. In the event of any problem with the Platform or any of its content, your sole remedy shall be to cease using the Platform. Under no circumstances shall the Company, any of the Company’s licensor or supplier, or any third party who promotes the Platform or provides you with a link to the Platform be liable in any way for your use of the Platform 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.
  • 7.3. Under no circumstances shall the Company, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the Platform or provides you with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, 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 the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if the Company or any third party have been advised of the possibility of such damages.
  • 7.4. The Company shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
  • 7.5. The Company’s aggregate liability for damages arising with respect to the Terms and Conditions and any use of the Platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 3 (three) months period prior to the date of the claim.
  • 7.6. You shall release and hold the Company harmless for all causes of actions and claims resulting from the Counselor Services or the Platform, such as but not limited to acts, omissions, opinions, responses, advices, suggestions, information and or service of any Counselor and/or any other content or information accessible through the Platform.
  • 7.7. If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

8. Notices

The Company may notify or in other ways communicate with you regarding the Terms and Conditions or any aspects of the Platform, by posting it online or by e-mail or regular mail to the address you provided when creating your account. The date of receipt shall be the date on which such notice is given. Notices sent to the Company must be sent by email to [email protected]

9. Data Protection

  • 9.1. The Company shall comply with the General Data Protection Legislation (GDPR). To get information about the Company’s processing of your personal data, please see the Company’s Privacy Policy. 
  • 9.2. The Company has always respected your privacy and is therefore HIPAA compliant and follows stringent data privacy rules.
  • 9.3. With regard to security, the Company encrypts your data in transit and at rest on our servers, and all private communication with your counselor is end-to-end encrypted. The Company stores all private health information on servers with full HIPAA compliance.
  • 9.4. The Company will provide you with its notice of any data breach in case of such breach. Further, the Company will engage a third party security firm from time to time to audit code and technology security as well as the Company’s HIPAA policies and procedures around data security.
  • 9.5. You affirmatively consent that the Company’s oversight personnel will, as needed, review your specific session transcripts or rooms in a HIPAA approved de-identified form for the following purposes:
  1. during your on-boarding and during the process to match you with a Counselor, to ascertain your ability to successfully engage with the Counselor. This access to only de-identified information may be accomplished using the Company’s staff and not a Counselor;
  2. to review your complaint about a particular matter/case that you report about your Counselor or about a particular language intention with your Counselor;
  3. for your safety concerns or complaints of unethical Counselor practices;
  4. to transfer you to a new Counselor or if your account is non-responsive or inactive for an extended period of time; or
  5. to address raised quality assurance concern(s) that may apply to an individual Counselor, a state-wide compliance issue or a national network issue.
  • 9.6. You consent to the Company using “Meta Data” and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the Counselor Service. If your complaint requires a review of the session transcripts in the original form, you consent to an oversight personnel at the Company to access your account only to respond to your particular complaint or raised issue.
  • 9.7. You affirmatively grant the Company permission to have your Counselor periodically provide non-content based clinical assessments of your progress to the Company. Further, you are aware of that the Company may provide the Counselors with clinical assessment tools to provide information on your mental health and well-being, and that results can be seen by your Counselor to be discussed with you.
  • 9.8. All de-identified data, meta-data and research data collected by the Company through your use of the Platform shall remain the sole property of the Company. The Company may share some or all of the research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is non-identifiable aggregated as a statistical measure, however, not in a manner that would identify you personally. You shall not request that the Company remove or delete any of such data.
  • 9.9. The Company is obligated to store personal data as required by law, typically for no less than seven (7) years and may not delete personal data containing medical data even upon your direct request.