Terms and conditions

1. Applicability, scope, etc.

1.1

These terms and conditions apply to the agreement between your selected practitioner (the “Practitioner”) and you when you register as an Account holder (the “Account”) for access to The Practice (the “Website”).

References to “"we", "us" and "our" in these terms and conditions are references to The Practice. References “me” and “I” are references to the Practitioner. References “you” and “your” are references to the individual.

1.2

Through the Website, you can book appointments with licensed mental healthcare practitioners, including counsellors, psychotherapists, psychiatrists, and psychologists (“Practitioner”), for mental health care sessions and advice through both face to face and online video consultations. When you book your first a face-to-face appointment, the Practitioner will receive notification of your request for face-to-face consultation.  The Practitioner will contact you directly to schedule the appointment. You will pay the Practitioner directly when meeting face-to-face. When you book an online video consultation you will pay a 15% non-refundable online booking fee.  The Practitioner will be notified of your booking.  You will pay the balance of the online video consultation directly to the Practitioner prior to your appointment.

1.3

The Website is only an intermediary service between you and the Practitioner and should therefore not be regarded as a Practitioner itself. The agreement between you and the Website is therefore strictly a service agreement for the supply of either a face-to-face booking opportunity and/or booking an online video consultation. The Website is not responsible for the content or quality of advice provided within the context of either a face-to-face consultation or online video consultation.

1.4

By registering an Account on the Website, you agree to the terms and conditions set out here.

1.5

You are responsible for ensuring that all information and contact details provided to the Practitioner is relevant, correct, and kept up to date. Any changes to information must be reported without delay, by contacting the Practitioner.

2. General Information about Accounts and the Website

2.1

In order to register an Account and sign into the Website you must provide your phone number and basic personal information. In order to allow the Practitioners on the platform to provide services to you in a safe way in line with national regulations and recommendations, you will be asked to verify your identity. You need to be at least 16 (sixteen) years old in order to use services on our platform. Clients under 16 years of age will need parental consent.

2.2

You are responsible for all actions relating to the use of the Account and shall ensure that the Account is used in accordance with these terms and conditions. The Account may only be used by you, the user to which the Account is registered, and may not be used by, or transferred to, another person. The only exception to this rule are legal guardians who may use their own Account on behalf of a child, provided that the child is below the age of 16

If you know or suspect that anyone other than yourself has obtained access to account details including your user identification code or password, you must promptly notify the Website by emailing info@thepractice.co.uk.

2.4

Although we make reasonable efforts to update the information on the Website we do not make any representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Content that is published or provided by us on the Website is not intended to be advice on which anyone should rely. It is provided for general information only and must not be used as a substitute for a Practitioner’s assessment, diagnosis or treatment of any mental ill health.

3. Prices and payment

3.1

Fees for services delivered by the Practitioners on the platform depend on the type of care provided. Fees for a face-to-face and online consultation with a Practitioner, and other potential costs, are outlined in the booking process on Website. The price payable by you for either a face-to-face or online video consultation will be confirmed to you at the time of making a booking with the Practitioner.

4. The Practice’s responsibility

4.1

You can book an appointment for an available time slot on the booking system on the Website. You can book an appointment at a specified date and time. The Website is provided in accordance with the terms and conditions stated herein, with the exception of allowed disruptions such as (but not limited to) planned maintenance of the Website or service system.

4.2

We do not assume responsibility for disruptions of availability of the Website that result from:
a) errors/problems with your hardware/equipment, network, software or errors in software that is part of a third-party product and that we, despite attempts to prevent and rectify, cannot avoid;
b) other circumstances that you are responsible for according to these terms and conditions;
c) a virus on your device or other security threat that, despite our preventive efforts disrupt the service; or
d) a circumstance that constitute force majeure in accordance with article 10 below.

4.3

You are responsible for configuring your information technology, computer programs and platform to access the Website. We recommend that you use virus protection software. We do not guarantee that the Website will be free from bugs or viruses.
You must not (i) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; or (iii) attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

4.4

Disruptions or errors in the Website’s availability should be reported without delay to our customer service on info@thepractice.co.uk.

5. Intellectual Property Rights, etc.

5.1

Ownership, property rights and all rights related to the Website and its brands, firm, and the Website, as well as all documents or agreements that are used by, and/or provided by us on the Website, such as, but not limited to, these terms and conditions, belong to the Website exclusively. We reserve the exclusive right to use the above mentioned material. All copies, versions, changes and/or other use of our material that has not been explicitly authorized in these Terms and Conditions or by our express written instructions are strictly prohibited. You confirm and accept that unauthorized use of the Website’s intellectual property rights can, aside from being in breach of these terms and conditions, may constitute a criminal act. We reserve the right to pursue legal action in the occurrence of unauthorized use of the Website’s intellectual property rights.

5.2

Any intellectual property rights that arise from our provision of the Website and/or other services to you belong to the Website exclusively. Such exclusivity includes the right to change and transfer such rights.

6. Cancellation of a online and/or face-to-face consultation

6.1

You may cancel or change a scheduled appointment for an online consultation by giving up to 24 hours’ notice. However, you will forfeit your 15% non-refundable deposit.  Any cancellations within a 24-hour period may be charged in full.

6.2

For face-to-face consultations, you may cancel the consultation up to 24 hours before the meeting is due to start. If the face-to-face consultation is cancelled within a 24-hour period you may still be charged a portion or all of the appointment cost.

7. Unauthorized use and information

7.1

We take all forms of unauthorized use of the Account and Website in breach of these terms and conditions and/or the Website’s policy regarding security, ethics, etc. seriously. You are not, among other things, permitted to record any consultations with the Practitioners or in any way distribute any such material relating thereto. We will proactively pursue action against confirmed or anticipated unauthorized use of the Account, the Website etc.

7.2

We reserve the right to, with reasonable prior notice to you, remove information from the Website, close your Account or pursue other measures due to your breach of these terms and conditions, to protect the accountability or reputation of the Website. We also reserve the right to cancel the agreement between us in accordance with article 8.2 below.

7.3

If you have breached these terms and conditions or used the Website in an unlawful or unauthorized manner, you are responsible for compensating us for any damage that results from such actions (including, but not limited to, legal fees and other claims from third parties).

8. Term and cancellation

8.1

Your access to the Website platform is valid until further notice and from the time that you register an Account. You may at any time cancel your Account, effective immediately. In the event of cancellation, we will remove all access to the cancelled Account and any stored information relating to you will be processed as further set out in our Privacy Policy.

8.2

We have the right to terminate your access to the Website platform, effective immediately, if you are in breach of these terms and conditions and, if you do not rectify such a breach within thirty (30) days of having been notified of this in writing. In the event of such a cancellation, your Account will be terminated. Information about you that has been stored will be processed as further set out in our Privacy Policy.

8.3

If you have been suspended from your Account in accordance with this article you do not have the right to re-register or register a new Account without written permission granted by the Website.

9. Product development and changes in Terms and Conditions

9.1

We reserve the right to change the scope and function of the Account and Website. Product and service development could relate to, although not exclusively, layout, content or functions and may entail alterations to these terms and conditions. Such changes will be communicated through the Website and/or via email. The terms and conditions in force will be available on the Website.

9.2

You have the right to terminate the agreement with the Website, effective immediately, in the event we include changes to the terms and conditions, the Account or Website that you do not agree with or that would result in a material disadvantage for you. In such an event, you are entitled to a refund of any payment made for a scheduled video consultation that has not taken place at the time of cancellation. Including non-refundable deposit?

10. Force Majeure

10.1

We do not make any compensation for damages incurred by a strike, fire, government authority action, labour disputes, accidents, closures or malfunctions of public communication systems or other circumstances and consequences that are beyond our control, that we cannot reasonably account for and that we could neither avoid nor control. In the event a circumstance that falls under this article affect the provision of the services for a period of one (1) month, both you and we will have the right to terminate the agreement, effective immediately. In this event, you will be entitled to a refund of any pre-paid fee for an online video consultation that is yet to take place.

11. Notifications

11.1

You must provide us the email address and phone number for which you wish to receive confirmations, reminders and other notifications from us and/or the Practitioner. In the event your contact details change, you must notify us and/or the Practitioner of your contact details without delay. Other notifications should be communicated via email.

11.2

The notification is considered to be delivered:
a) if sent by email or text message; when delivery to the recipient is confirmed
b) if sent by pre-paid mail, two days after submission to the post service; or
c) if sent by courier; upon delivery / acceptance by the recipient.

12. Personal data

12.1

We refer to our Privacy Policy for detailed information on how we process your personal data including clear instructions on your rights and how you can exercise such rights.

13. General conditions

13.1

You may not transfer these terms and conditions and/or your obligations or rights hereunder to a third party.

13.2

The Website reserves the right to employ sub-suppliers to fulfil its rights and obligations under these terms and conditions.

14. Legal Proceedings

14.1

These terms and conditions are subject to the laws of England and Wales. The Account Holder can bring legal proceedings in the courts of England and Wales. If the Account Holder lives in Scotland he/she can bring legal proceedings in either the Scottish courts or the courts of England and Wales. If the Account Holder lives in Northern Ireland he/she can bring legal proceedings in either the Northern Ireland courts or the courts of England and Wales.

14.2

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.