Afmental Terms & Conditions

Thanks for using our products and services ("Services"). The Services are provided by Pixeel Ltd. ("Space"), located at Afmental CIC, Blue Star House, 234-244 Stockwell Rd, London, MT 09514, England, United Kingdom.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

About Us

Company details: Afmental CIC incorporated and registered in England and Wales with company number 14390994 whose registered office is at Blue Star House, Stockwell Road, London, England, SW9 9SP (Us, Our, We)

Contacting us: To contact Us, email Us at support@afmental.org or write to Us at our address set out above.

Background

We have developed the Platform which We make available to adult users via the internet for the purpose of connecting users seeking mental health support services with providers of therapeutic and similar services (‘Therapeutic Services’), providing a platform for secure payment and a portal for the online delivery of the Therapeutic Services. We need to be clear that the Platform is not a crisis service, the Platform is intended to offer a support tool and resources - If You are currently struggling to keep yourself safe, feel suicidal or if You are at risk of harming yourself or others in any way, please contact emergency services by ringing 999 or present Yourself at any Accident and Emergency Department that is nearest to where You are.

Access to Our Platform

We are not involved in the delivery of the Therapeutic Services, this is the responsibility of the Therapy Provider. Our role is to provide the Platform, manage user access and provide space for the Therapy Providers to deliver their Therapeutic Services, and facilitate payment services between user and Therapy Provider. Access and use of the Platform is subject to the terms of this agreement.

Cancellation Rights

You have a legal right to change your mind about an online purchase for up to 14 days after requesting the service. To cancel You must contact the Therapy Provider directly within 14 days, but You will lose that right to cancel a service 24hrs before the Therapeutic Services commence. Non-attendance at a session is not cancellation.

Your Purchase of Therapeutic Services

Purchasing:  Please follow the onscreen prompts to buy specific packages of Therapeutic Services. Each request from You is an offer by You to buy the package of Therapeutic Services offered by an individual Therapy Provider subject to the terms of this agreement.

Acknowledging Your Order:  After Your purchase You will receive an acknowledgement email from the Therapy Provider, at which point and on which date Your engagement for the package of Therapeutic Services will come into existence in accordance with the terms of this agreement. After completing your session payment, you will receive an email from Afmental containing an option to add the appointment to your calendar. Your sessions will also be visible under the "Appointments" tab in your account.

Applicable Data Protection Laws means: To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

1. Interpretation

Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.

Unless the context otherwise requires, words in the singular shall include the plural and vice versa, and references to one gender includes all other genders.

References to clauses and schedules are to the clauses and schedules of this agreement.

We use a number of specific terms in this agreement which have the following meaning:

Applicable Data Protection Laws means:

(a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

(b) To the extent the General Data Protection Regulation ((EU) 2016/679), (EU GDPR) applies, the law of the law of the European Union or any member state of the European Union to which We are subject, which relates to the protection of personal data.

Log In: the credentials used by You to access the Services on the Platform.

Online Services: Services that are delivered through the Afmental Platform via a video link or other type of electronic communication method.

Platform: the website location https://afmental.org.

Therapy Providers: third party providers of therapeutic and other services who advertise on, and use the Platform to provide Therapeutic Services;

Therapeutic Services: therapeutic or other types of service provided by the Therapy Providers using features and functionality of the Platform.

Services Fee: a charge to be paid via the Platform in order to purchase Therapeutic Services which may be amended from time to time by the Therapy Provider and which will include all fees for use of the services via the Platform.

You/Your: you, being the individual entering into this relationship to use the Platform and access the Therapeutic Services.

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

User: any person that uses the Platform and/or engages in Therapeutic Services through the Platform.

2. Use of the Platform

If You comply with these terms and conditions, We will grant to You a non-exclusive and right to use the Platform. This is given to You personally, and You are not able to share Your log-in details or any Therapeutic Services You buy.

When using the Platform:

• You are solely responsible for your actions and Your use of the Therapeutic Services. We do not have visibility of the actions of individual users;
• You will only contact the Therapy Provider via the Platform;
• the Platform is a tool to enable access to services, and is not a therapeutic service or methodology. Other services may be available from other sources, and We cannot confirm that any services are suitable to Your individual needs You are solely responsible for ensuring that You have chosen Services that are appropriate and suitable for You;
• the Platform and Therapeutic Services are not suitable for children, or anyone under 18 years of age.

The Platform is a safe space. You must not:

• access, store, distribute or transmit any material when using the Platform or attending any Therapeutic Services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, racially ethnically or sexually offensive or discriminatory or otherwise promotes or facilitates illegal activity;
• introduce or allow introduction of any viruses or other malicious code;
• copy or duplicate information or content available on the Platform, or any information shared in the Therapeutic Services packages except as part of normal use of the services;
• use any services for commercial gain, or as if they were your own services.

We reserve the right, without liability or prejudice to Our other rights to You, to disable Your access of the Platform in the event of a breach of the provisions of this clause 2.

The Platform and content is Our intellectual property, and We Own or licence all rights to it. You may not copy, share or modify any content without permission.

We may from time to time make available resources on the Platform for You to use in Your therapeutic sessions, but for no other purpose.

Some content is available to all visitors, other content is accessible via a log-in. You shall take steps to keep Your user log-in confidential and prevent any unauthorised access to, or use of, the Services. Please notify us promptly of any inappropriate access.

We will provide limited support services to facilitate password resets or access issues as described on our Website from time to time. We do not guarantee that Our limited support services will be sufficient, or that We will be able to assist with any and all issues that may arise. We provide no guarantee in relation to the time taken to resolve any and all issues that may arise.

As part of Your use of the Platform You agree to co-operate with Us and provide information that We reasonably need from time to time.

We will try to keep the Platform operational but reserve the right for the Platform to be unavailable for planned and unscheduled maintenance. We will try to notify users in advance when the Platform will be unavailable, but you acknowledge that is not always possible in unforeseen circumstances.

3. Therapeutic Services

All of our Therapy Providers are independent providers who are neither our employees nor agents nor representatives and, where identified, are regulated by their respective regulatory bodies. Please note that not all therapies are independently regulated. Each therapist has their own set of terms and conditions, and any therapeutic or service-related contract will be formed between You and Your chosen Therapy Provider. The Therapy Providers themselves are responsible for the performance of the Therapeutic Services.

We provide the information about the Therapy Provider, a payment platform, access to video and other functionality on the Platform and administrative services only. We will not accept liability for any loss or damage resulting from contact or work with the Therapy Provider. Any complaint against the Therapy Provider should be raised with the Therapy Provider in the first instance and, if necessary, escalated to their respective member organisation.

We will provide limited support services to facilitate password resets or access issues as described on our Platform from time to time. If access to the Platform is suspended or terminated for failing to comply with these terms, that may affect Your ability to access Therapeutic Services.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT- ORDERED THERAPY. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

4. Confidentiality and Data protection

We will treat your information, including use of the Therapeutic Services as confidential and will take reasonable steps to keep it secure.

We collect and use personal data as set out in our Privacy Notice https://afmental.org/privacy.html. We will comply with our obligations as a controller and processor of personal data. We act on behalf of the Therapy Providers, and to manage Our own services. We are a controller of personal data processed to enable access to the Platform take the payments. Except where We may record any Therapeutic Services, We do not process or control information that you choose to provide to any Therapy Provider and You take sole responsibility for all data shared through the Platform.

We may record the audio and video of the Therapeutic Services provided to You. This is to enable Us to monitor and moderate the quality of Therapeutic Services provided. By engaging in the Therapeutic Services You consent to this recording and to the storage of this recording for 12 months.

5. Third party websites

You acknowledge that the Platform enables You to access and purchase products and services from third parties, and You do so solely at Your own risk. We make no commitments and have no liability in relation to the content or use of such third-party websites, or if any such third- party website, product, or service is no longer available. If You have any feedback on third-party websites, please contact Us.

6. Our obligations and commitment to you

We will take care to operate the Platform substantially in accordance with these terms and with reasonable skill and care. If something goes wrong, We will use reasonable efforts to resolve it, but We do not guarantee availability of the Platform or the Therapeutic Services.

The Therapeutic Services are delivered by Therapy Providers. We take care to offer services which are supportive of a range of mental health wellbeing needs; some but not all are regulated. In some cases We may decide it is appropriate to use moderation of the relevant service (including what kind of moderation to use). However, We are under no obligation to oversee, monitor or moderate any Therapeutic Service on Our Platform and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of Our content standards, whether the Therapeutic Service is moderated or not.

We conduct some verification and authentication checks on the Therapy Providers but cannot guarantee that all Therapy Providers are qualified to any particular professional standard nor will be regulated by any particular regulatory body, nor that the therapies and service offerings are supported by any clinical standards.

The Therapeutic Services are offered to adults only and may not be suitable for minors.

We:

(a) do not warrant that use of the Platform will be uninterrupted, error-free or free from vulnerabilities, or that it meets Your therapeutic needs;

(b) assume no responsibility for the Therapeutic Services, and inclusion of any therapies on the Platform is not an endorsement by Us. We will not be liable for any loss or damage that may arise from your use of them; and

(c) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

We have and will maintain all necessary licences, consents, and permissions necessary for the performance of Our obligations under this agreement.

The free content on Our Platform (in particular the free guides) is provided for general information only. It is not intended to amount to advice on which You should rely or a tool for diagnosis. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the free content on Our site.

Although We make reasonable efforts to update the information on Our site, We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

7. Charges and Payment

We manage the collection of payments for Therapeutic Services through the Platform on behalf of the Therapy Providers. The rates and charges are set by the Therapy Providers and We use reasonable efforts to check they are correct at the time of placing an order. [Payment must be made prior to each therapy activity, and a Therapy Provider may decline an activity where payment is not received]. You are responsible for providing correct and accurate details to make the payment. Payment is taken by a third party provider who will process personal data to complete the transaction.

If We have not received payment, and without prejudice to other rights and remedies available to Us, We may, without liability to You, withhold access to the Therapeutic Services while payment remains unpaid.

All amounts and fees stated or referred to in this agreement and on the Platform are payable in pounds sterling, and are non-refundable (except as set out below) and expressed exclusive of VAT which shall be added at the appropriate rate.

8. Proprietary Rights

You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the services and Platform. This agreement does not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or Platform.

We confirm that We have all the rights necessary to grant You access to the Services and Platform on the terms of this agreement.

9. Liability: You are strongly advised to read this clause.

Neither We, nor the Therapy Providers will be liable to You for any loss or damage You may incur using the Platform or services where Your use is contrary to these terms and conditions. The Platform and Therapeutic Services are offered for personal use, and neither We nor the Therapy Providers are responsible for any business, loss of earnings or other economic loss.

Nothing in these terms limits Our, or the Therapy Provider’s, liability for personal injury or death caused by our negligence, or that of any therapy professionals where We are legally responsible for the supply of services, or for fraud or fraudulent misrepresentation, or other liability which is not limited by law.

You acknowledge that the Platform is made available on an “as is” basis with no commitments or assurance of availability or suitability to any individual. The Platform and services may be unavailable for reasons outside our control; if this occurs We are not responsible, but We will do what We reasonably can to restore the affected services as soon as possible.

To the fullest extent permitted in law, our liability to You in connection with Your use of the Platform is capped at the portion of the fees We receive for any “paid-for-access” to any Therapeutic Services.

10. Termination.

These terms and conditions apply to all use of the Platform and relates website. You can stop using the Platform at any time. If you pay for a package of Therapeutic Services and chose not to receive all the sessions that is your choice; and the Therapy Provider has discretion whether or not to offer a refund.

We may discontinue the Platform, or Our arrangement with any individual Therapy Provider at anytime with or without notice. We may suspend, or terminate, Your access to the Platform or any services if You do not follow these terms and conditions.

11. General Terms

We are responsible for losses You suffer caused by Us breaking this contract unless the loss is because of circumstances or causes beyond Our reasonable control. If this delay or failure to carry out services continues for 2 weeks, We may end this agreement by giving You 5 days’ notice in writing.

We nor You can change this Agreement unless We have both agreed these changes in writing.

Even if We delay in enforcing this contract, We can still enforce it later. We might not immediately chase You for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean We can't do it later.

Unless this Agreement specifically states otherwise, You and We are still entitled to benefit from any rights or remedies provided by law.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

You and We can only rely on the terms in this Agreement. Any communications or written documents made outside of this Agreement cannot be relied on by You or Us.

Neither You or We can make a claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.

You can only transfer your contract with Us to someone else if We agree to this. We can transfer our contract with You, so that a different organisation is responsible for supplying Your product. We'll tell You in writing if this happens and We'll ensure that the transfer won't affect your rights under the contract.

Nobody else has any rights under this contract. This contract is between You and Us. Nobody else can enforce it and neither of Us will need to ask anybody else to sign-off on ending or changing it.

If You wish to contact Us about anything in this Agreement, contact legal@afmental.org . This email will be counted as received at the time You sent it or, if the email was sent outside of Our business hours, this will be received once business hours start again.

12. Governing law and Jurisdiction

These terms are governed by English law and wherever You live You can bring claims against Us in the English courts. If You live in Wales, Scotland or Northern Ireland, You can also bring claims against Us in the courts of the country You live in. We can claim against You in the courts of the country You live in.