LAST UPDATED [Nov] 2023.
1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions on which we supply services to you. They are a binding legal agreement between you and us that govern your use of the websites, applications, and other digital offerings from Clearmind Limited (“Clearmind”). When used in these Terms, “Clearmind,”, ‘Clearmind Centre’, “we,” “us,” and “our” refers to Clearmind Limited, with whom you are contracting.
1.2 Why you should read them. Please read these terms carefully before making use of Clearmind. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 If you do not agree to these Terms, you may not access or use Clearmind.
1.4 These Terms expressly supersede prior agreements or arrangements with you.
1.5 Amendments to these Terms. Amendments shall be effective upon the posting of such terms on Clearmind at this location. Your continued access to Clearmind and use of the Services after such positing constitutes your consent to be bound by the Terms as amended.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Clearmind Limited, a company incorporated in Jersey with company registration number 146408.
2.2 Clearmind offers an online venue that enables users (each a “User” and together “Users”) to interact with, and engage the services of therapists (each a “Therapist” and together “Therapists”), and enables a Therapist that is engaging with a User to store and retrieve data about that User.
2.4 How to contact us. You can contact us at firstname.lastname@example.org or via https://www.clearmind.health.
2.5 How we may contact you. If we have to contact you we will do so by writing to you at the email address provided to us during the on-boarding process or via your Clearmind account or app portal.
2.6 “Writing” includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 License. Subject to your compliance with these Terms, Clearmind grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use Clearmind on your personal devices solely in connection with your use of the Services; and (ii) access and use any Content, information and related materials that may be made available through the Services, in each case solely for your personal, use. Any rights not expressly granted herein are reserved by Clearmind.
3.2 Your Contract with a Therapist. You are able to submit requests to see a Therapist via Clearmind. If a Therapist agrees to work with you, they will provide you with a Clearmind therapy contract setting out the terms of your contractual relationship with them to consider and sign.
4. OUR SERVICES
4.1.1 Clearmind introduces Users to Therapists by enabling them to learn about them and their service offerings and allowing them to make contact with them.
4.1.2 Clearmind allows Therapists to store information about Users and the treatments that they have received, and allows that information to be accessed by Therapists that work with the particular User. Information that may be stored includes:
(a) The Users’ names, addresses, dates of birth and contact details;
(b) details provided by the Users during their sessions with Therapists;
(c) details of the services provided to Users by Therapists; and
(d) observations and opinions about the Users generated by Therapists during the course of the provision of services to Users.
4.1.3 When Users engage the services of a Therapist, they are entering into a contract directly with that Therapist. Clearmind is not and does not become a party to or other participant in any contractual relationship between User and Therapist. Clearmind is not acting as an agent for any Therapist and Therapists are not entitled to represent Clearmind. We do not and cannot control the conduct or performance of Users or Therapists.
4.1.4 You acknowledge that Clearmind has no general obligation to monitor the use of Clearmind and verify information provided by our Users or Therapists, but has the right to review, disable access to, remove, or edit Content in its sole discretion and as it deems fit to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ and Therapists compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, in. Where we remove or disable Content, we will notify the relevant User or Therapist and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users, Therapists or third parties, or (iii) contravene applicable laws. Users and Therapists agree to cooperate with and assist Clearmind in good faith, and to provide Clearmind with such information and take such actions as may be reasonably requested by Clearmind with respect to any investigation undertaken by Clearmind regarding the use or abuse of Clearmind.
4.2 Know Your Legal Obligations
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your use of Clearmind . You should independently confirm your obligations. If you have questions about how laws apply you should always seek legal advice.
4.3 Your Responsibilities
You are responsible and liable for your own acts and omissions. You are responsible for adhering to Clearmind rules as set out at paragraph 6.
4.4 Your Assumption of Risk
You agree that you assume the entire risk arising out of or in connection with your use of Clearmind, or any interaction you have with Therapists, whether in person or online. You agree that you have had the opportunity to investigate Clearmind and any laws, rules, regulations, or obligations that may be applicable to you and that you are not relying upon any statement of law made by Clearmind.
You are responsible for obtaining the data network access necessary to use a) Clearmind and b) any services provided as a result of your use of it (together “Services”). Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Clearmind and any updates thereto. Clearmind does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. PLATFORM RULES
6.1 You agree to follow the following rules of the Services and must not help or induce other Users to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Follow our Non-discrimination Policy and do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair Clearmind
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with Clearmind.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect Clearmind or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide Clearmind.
Do not take any action that could damage or adversely affect the performance or proper functioning of Clearmind.
Only use Clearmind as authorised by these Terms.
Do not use Clearmind, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through Clearmind solely as necessary to enable your use of Clearmind as a User.
Do not use Content unless you have permission from the Content owner or the use is authorised by us in these.
Do not use, copy, display, mirror or frame Clearmind, any Content, any Clearmind branding, or any page layout or design without our consent.
Understand and honour your legal obligations
Understand and follow the laws that apply to you, including privacy and data protection.
Read and follow our Terms, Policies and Standards.
Do not use the name, logo, branding, or trademarks of Clearmind or others without permission.
6.2 If you believe that a User or Therapist poses an imminent risk of harm to a person, you should immediately contact local authorities before contacting Clearmind. In addition, if you believe that a User or Therapist has violated our rules, you should report your concerns to Clearmind. If you reported an issue to local authorities, Clearmind may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
7. OUR RIGHTS TO MAKE CHANGES TO THE PLATFORMS
7.1 We may make minor changes to Clearmind from time to time to:
7.1.1 reflect changes in relevant laws and regulatory requirements; and
7.1.2 simple minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of Clearmind.
7.2 We may make more significant changes to Clearmind from time to time for example to include new services or functionality. In such circumstance, we will inform you via information on our website and in writing by email.
8. PROVIDING THE SERVICE – USER ACCOUNTS
8.1 You must register an account to access and use many features of Clearmind. Our services shall commence from the date of registration of an account.
8.2 Registration is only permitted for natural persons who are 18 years or older.
8.3 You represent and warrant that you are not a person or entity barred from using Clearmind under the laws of the island of Jersey, or any other applicable jurisdiction.
8.4 You must provide accurate, current, and complete information during registration and keep your account information up-to-date. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Clearmind's termination of this agreement with you.
8.5 You may not register more than one account and you may not transfer your account to someone else.
8.6 You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party.
8.7 You are responsible and liable for activities conducted through your account and must immediately notify Clearmind if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
8.8 You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
By creating a User account you agree that we may sent you emails as part of the normal business operation of your use of the Services.
9. TERMINATION - YOUR RIGHTS TO END THE CONTRACT
The agreement between you and Clearmind as reflected by these Terms is effective when you access Clearmind (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
9.2.1 You may terminate this agreement at any time by sending us an email or by deleting your User account.
9.2.2 Clearmind may terminate this agreement and your User account:
(a) for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account;
(b) immediately and without notice and stop providing access to Clearmind if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Clearmind, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your User account without prior notice; or
(c) by giving you 7 days’ if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information set out in Condition 8 above.
9.2.3 If: (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Clearmind believes it is reasonably necessary to protect Clearmind, its Users, or third parties; Clearmind may, with or without prior notice:
(a) suspend or limit your access to or use of Clearmind and/or your account;
(b) suspend or remove Listings, or other Content; and
(c) cancel pending or confirmed bookings.
9.3 Legal Mandates
Clearmind may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above.
9.4 Effect of Termination
When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of Clearmind has been limited, or your User account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another User.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
10. REFUND POLICY
10.1 The platform’s standard cancellation policy is set out in the Therapy Agreement entered into between you and your Therapist. By default, you will be charged in full for ‘missed sessions’ or cancelled sessions without at least 48 hours’ notice.
10.2 In the event that a Therapist cancels a session, they are required to arrange a full refund of their fee, via the platform, for that session within 14 days. Any such refund will be made using the same method that you used to pay the relating fees.
10.3 The platform facilitates the implementation of a service contract between you and any Therapist that you engage via it. Clearmind is not responsible for the performance of that contract. It is the Therapist’s responsibility to promptly arrange for any appropriate refunds to be issued to you via the Platform. In the event that you should experience any issues relating to the service provided by a Therapist to you, please write to us at hello@Clearmind.health so that we can have the opportunity to help both parties to promptly resolve any issue.
10.4 It is always possible that, despite our best efforts, some of the services that we advertise may be incorrectly priced. We will contact you if we become aware that this has happened and your relating contract with a Therapist may be cancelled. In such event, we will refund you any sums you have been charged incorrectly within 14 days.
10.5 If you have any questions or complaints about the Service, please contact us. You can write to us at hello@Clearmind.health.
11.1 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FOR EXAMPLE: (I) WE DO NOT ENDORSE OR WARRANT THE EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY USER, LISTING, OPPORTUNITY OR THIRD PARTY; (II) WE DO NOT WARRANT THE PERFORMANCE OR NON-INTERRUPTION OF THE PLATFORM; AND (III) WE DO NOT WARRANT THAT VERIFICATION, IDENTITY OR BACKGROUND CHECKS CONDUCTED ON LISTINGS OR USERS (IF ANY) WILL IDENTIFY PAST MISCONDUCT OR PREVENT FUTURE MISCONDUCT. ANY REFERENCES TO A USER OR LISTING BEING "VERIFIED" (OR SIMILAR LANGUAGE) INDICATE ONLY THAT THE USER OR LISTING OR CLEARMIND HAS COMPLETED A RELEVANT VERIFICATION OR IDENTIFICATION PROCESS AND NOTHING ELSE. CLEARMIND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CLEARMIND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CLEARMIND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR OPPORTUNITY IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
12. LIMITATION OF LIABILITY
12.1 CLEARMIND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CLEARMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLEARMIND SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS THE PLATFORM OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CLEARMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLEARMIND SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CLEARMIND'S REASONABLE CONTROL. IN NO EVENT SHALL CLEARMIND'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED POUNDS STERLING (£500).
12.2 THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
13.1 You agree to indemnify and hold Clearmind and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, damage, costs and expenses (including legal fees) arising out of or in connection with:
13.1.1 your use of the Platform or Services obtained through your use of the Services;
13.1.2 your breach or violation of any of these Terms;
13.1.3 any act, omission negligence, fraud or other wilful default on your part;
13.1.4 Clearmind's use of your Content;
13.1.5 any fees paid by you to any Therapist; or
13.1.6 your violation of the rights of any third party costs,
suffered, sustained or incurred by Clearmind including reputational damage.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. FRAUD & CORRUPTION & PROVISION OF INFORMATION
15.1 Clearmind has a commitment to high legal, ethical and moral standards and acts in a way that is compliant with the provisions of the Corruption (Jersey) Law 2006. You are expected to share this commitment. You must ensure that all information that you provide to Clearmind and any Therapist is true, accurate and complete. Whilst your relationship with Clearmind continues, you undertake to notify Clearmind should any information provided by you to Clearmind becomes superseded or is no longer accurate. Clearmind has procedures in place that reduce the likelihood of fraud occurring.
15.2 This policy applies to any irregularity, or suspected irregularity, involving our employees, Users or Therapists as well and any other parties that we have a business relationship with.
15.3 Any investigative activity required will be conducted without regard to any person’s relationship to this organisation, position or length of service.
15.4 Fraud comprises both the use of deception to obtain an unjust or illegal financial advantage and intentional misrepresentations affecting the financial statements by one or more individuals among management, staff or third parties.
15.5 We and our officers and staff have a duty to familiarise ourselves with the types of improprieties that might be expected to occur within their areas of responsibility and to be alert for any indications or irregularity.
15.6 Clearmind is absolutely committed to maintaining an honest, open and well-intentioned atmosphere within the organisation. It is therefore also committed to the elimination of any fraud within the organisation, and to the rigorous investigation of any such cases.
15.7 Clearmind wishes to encourage anyone having reasonable suspicions of fraud to report them. It is also Clearmind’s policy, which will be rigorously enforced, that no person will suffer in any way as a result of them reporting reasonably held suspicions.
15.8 All Users, Therapists and members of staff can therefore be confident that they will not suffer in any way as a result of reporting reasonably held suspicions of fraud. For these purposes reasonably held “suspicions" shall mean any suspicions other than those, which are raised maliciously and found to be groundless.
16. OTHER IMPORTANT TERMS
16.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.4 These terms are governed by the laws of the island of Jersey and you agree that you shall only bring legal proceedings in respect of the Terms in the Jersey courts.
16.6 You will receive administrative communications from us using the email address or other contact information you provide for your User account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. You can control whether you receive promotional emails using the notification preferences in your account settings.