MYPERSONALTHERAPY.CO.UK – TERMS OF SERVICE
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply to you online mentoring and psychotherapy courses (each being a combination of live sessions web-based text and video content and access to features on our website to help you manage and monitor your progress on the course). All these services are referred to as ‘courses’ in these terms. The individual mentors and therapists we engage to help us provide our services (including, for therapists, any 1-2-1 sessions you arrange) are referred to as ‘Practitioners’ in these terms. The individual 1-2-1 sessions you have with a therapist Practitioner we allocate to you are referred to as ‘Sessions’. The online course materials we make available to you are referred to as “Course Materials”. The website features enabling you to manage and monitor your progress on the course are referred to as the “Dashboard”.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide courses 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 explanation of them, please contact us to discuss.
1.4 Not for emergency care. Please note that My Personal Therapy is NOT appropriate for use in an EMERGENCY situation. IF YOU BELIEVE THAT YOU OR A PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999 OR THE SAMARITANS ON 116 123.
1.5 Nothing in these terms affects your statutory rights as a consumer.
1.6 Our courses are intended for provision in the United Kingdom to residents of the United Kingdom who are at least 18 years of age. We work with Practitioners who are accredited or authorised to provide services in the UK. If you are not a UK resident present in the UK aged 18 or over you are not entitled to order our courses. If we determine, acting reasonably, that you do not fulfil these conditions, we will be entitled to cancel your subscription.
1.7 Psychotherapy Practitioners: Our Practitioners providing psychotherapy Sessions are obliged to do so in accordance with the guidelines of the British Association for Counselling and Psychotherapy https://www.bacp.co.uk/ or whichever professional governing body they are affiliated with. Please review https://www.bacp.co.uk/events-and-resources/ethics-and-standards/ a summary of the ethical and professional obligations to which the Practitioner we allocate for psychotherapy Sessions are subject. If you consider at any time that your psychotherapy Practitioner falls short – please let us know by emailing firstname.lastname@example.org.
2.1 The information and opinions expressed by means of our courses are based on our best judgment and knowledge. Ultimately, of course, the courses are provided for your information only, as one many information points will use in determining a course of action that is appropriate for you. No action or inaction should be taken based solely on the contents of information or insights you gain from a course. We are confident in the soundness of our information, but we cannot guarantee that application of it in your particular circumstances will achieve your desired outcome. Whilst we can show you tools which in our experience can help you achieve your goals, we cannot guarantee that your use of those tools will achieve your goals (including any financial goals).
2.2 Some our courses involve you being urged to do something brave, out of your comfort zone. We need you to use your sound judgement in determining what is safe – make sure you do not confuse being brave with being unsafe. Always be safe in your actions taken as part of the course.
2.3 Our Course Materials and our blog are not intended to be advice specific to your circumstances.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. We are My Personal Therapy Ltd, a company registered in England and Wales. Our company registration number is 11326005 and our registered office is at Unit 3, Netham View Industrial Park, Netham Road, Bristol BS5 9PQ. Our registered VAT number is 298 2581 53.
3.2 How to contact us. You can contact us by telephoning our customer service team at 0333 5677702 or by writing to us at email@example.com or Unit 3, Netham View Industrial Park, Netham Road, Bristol BS5 9PQ.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order for the course will take place when we email you to accept it, at which point a contract for provision of the course will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the course. This might be because of limits on the number of one-to-one sessions we can resource, or other reasons which will be explained to you.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. URGENT CARE
5.1 At any time following your completion of our initial Sign Up Assessment, we may require you to complete an urgent care plan so we can get in touch with the right people if either (i) your assessment tends to show that your mental health issues are such that they pose a threat of serious harm to either yourself or others; or (ii) a Practitioner considers you are at risk at any time during a Session, or in light of any responses you provide based on the Course Materials.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the eCourse you have ordered please contact us by emailing firstname.lastname@example.org. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the courses, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the courses. We may change the courses:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to reflect changes in our Course Materials; and
(c) to implement minor technical adjustments and improvements. These changes will not affect your ability to access the courses.
8. PROVIDING THE COURSES
8.1 How we provide the courses. We provide the courses through a mix of eCourse Materials, access to the Dashboard, and Sessions.
8.2 When will the course begin? We will make the eCourse Materials available to you immediately that we confirm that your order has been accepted. Your subscription will commence on that day. We will continue to supply the courses to you until either the courses are completed or you end the contract as described in section 10 or we end the contract by written notice to you. All Sessions are scheduled between you and the Practitioner.
8.3 We are not responsible for delays outside our control. If our supply of the courses is prevented or delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any courses you have paid for but not received.
8.4 If you do not attend a Session. In the event of your being unable to attend a Session at the time you originally booked with the Practitioner, you must notify us and the Practitioner as soon as possible. We will use reasonable endeavours to accommodate requests for transfers to alternative dates but shall be under no obligation to grant such requests. If you notify us less than 48 hours of the scheduled Sessions we will be under no obligation to reschedule the Session and we will be considered to have provided the Session in accordance with our contract. We ask Practitioners to offer as wide an availability as possible for your Sessions. Some Practitioners may offer out-of-hours or weekend Sessions.
8.5 Arriving Late. If you are late for any Session, the Practitioner will not extend the length of it beyond its scheduled finishing time. So, for example, if a Session is scheduled for one hour between 3pm and 4pm, it will end at 4pm regardless of the time you are ready. We may treat a Session that you have booked as having not been attended by you us if you arrive more than 10 minutes after the start of the Session and section 8.4 will apply.
8.6 We may also suspend supply of the courses if you do not pay. If you do not pay us for the eCourse when you are supposed to (see section 16.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending provision of the eCourse. We will not charge you for the courses during the period for which they are suspended. In the event of non-payment, your account will immediately have ‘greyed-out’ areas, and will be active in a read-only capacity until any overdue payments are made. We will also notify the Practitioner you are working with.
8.7 Your behaviour in respect of the courses. We reserve the right to terminate a Session if you are not behaving appropriately toward the Practitioner. By way of example, the Practitioner may terminate the Session if you use threatening, abusive or insulting words or behaviour in the Practitioner’s reasonable opinion, you are acting under the influence of alcohol or drugs.
8.8 Conditions for the provision of a Session. As a condition of the provision of any Session, you must ensure that you are in a quiet private environment suitable for one-to-one therapy. You must ensure that you have a stable internet connection with the latest version of the agreed communication tool for the Session installed on your device (for example, Skype, WhatsApp or Facetime). If the environment you are in is not suitable for the provision of the Session, the Practitioner shall be entitled to terminate the Session and we will be considered to have provided it in accordance with our contract. If you have scheduled a Video or Therapy Chat Session, and your internet connection is insufficiently stable in the reasonable opinion of the Practitioner, the Practitioner may require that the Video or Therapy Chat Session is switched to a phone-based Session. If your device ceases to operate for any reason during a Session, the Session will be deemed to have been provided in full.
8.9 Practitioner Rescheduling. Exceptionally, where they cannot reasonably avoid it, a Practitioner may need to reschedule a Session. We require that Practitioners give as much notice as possible in respect of any rescheduling necessary.
8.10 Practitioner Changes. Whilst we hope to build long-term relationships with our Practitioners, inevitably they may decide to stop working with us. If the Practitioner we allocate to you does stop working with us, we will arrange for a suitable replacement.
8.11 Communications networks. Some of our Sessions are provided to you by means of third party communications systems such as phone networks and video messaging platforms such as Skype, WhatsApp and Facetime. We have no control over the contents of those services or resources and we are not responsible for any problems you encounter attending Sessions by these means. You must abide by the terms and conditions of the relevant communications system provider.
8.13 Text Limits on the “Intensive Plan” Course. Intensive Plan course. Limited to a maximum word limit of 100 per text (in sent message AND therapist reply) on business days. Texts are not intended to be used as therapy, but for additional daily support, contact, brief reassurances and daily affirmations. Text allowance has no roll-over. If you do not use it one day, you will not be able to use it on another day. Therapists will reply to texts sent within business days between hours of 9-5pm within a 1 hour period of receiving texts (therefore no reply will be sent after 6pm). ‘Business day’ means a day other than a Saturday, Sunday or public holiday.
9. OUR RIGHTS IN OUR COURSES
9.1 Our Proprietary Rights in our Course Materials and Dashboard. We have taken a lot of time, resources and energy to make our Course Materials and Dashboard unique and high-quality. We own or licence the intellectual property rights in all of the Course Materials and Dashboard. You are not entitled to record or reproduce any Course Material or any part of the Dashboard. You are not entitled to share the Course Material or the Dashboard with any other person.
9.2 Our Proprietary Rights in Sessions Recordings. We reserve all our rights in the sound, video and any text content of any Session. You must not use any part of any recording of the Session for any commercial purposes or any purpose other than your own benefit in the context of following the course, without obtaining a licence to do so from us or our licensors.
9.3 Digital Rights Management: The Course Materials are protected by software code used for preventing unauthorised access to them (“DRM”). You agree not to attempt to get around or remove DRM.
10. RENEWAL AND TERMINATION
10.1 Your subscription to the course will renew automatically on the expiry of the initial period, unless you notify us by email to email@example.com that you wish to cancel it (or unless it is terminated earlier in accordance with these terms).
10.2 You also have a legal right to end your subscription at any time if we are in breach of our obligations to you under these terms. You may also be entitled to a full or partial refund. For more details of your legal rights, if you are in the United Kingdom, please refer to your local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms affects your statutory rights as a consumer.
10.3 We may terminate your subscription to the course if you breach the terms of our contract, and no refund of any fees will be made.
10.4 Upon termination of your subscription for any reason, your right to use the Course Materials and the Dashboard, shall immediately terminate.
11. OUR ACCEPTABLE USE POLICY; REVIEWS
11.1 Whenever you make use of a feature that allows you to share any messages or material in relation to our courses, or to make contact with other users of our courses (for example leaving a review of your Practitioner), you must comply with the content standards set out in our Acceptable Use Policy.
11.2 Our website may include information and materials uploaded by other users of the site, including reviews of Practitioners. These have not been verified or approved by us. The views expressed by other users on our site do not necessarily represent our views or values or an endorsement of any particular Practitioner.
12. RIGHT TO CANCEL YOUR ORDER IN THE 14-DAY COOLING OFF PERIOD
12.1 Right to Cancel. For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You may for any reason cancel an order for a course or an individual Session during the 14 day period after we accept your order. As you have requested by placing your order that we start providing making the Dashboard and Course Materials available to you right away, you must pay us for the course up until the time you tell us that you have changed your mind. We will refund the payment to you within 14 days of receiving your cancellation less the amount due for the period since we accepted your order. So, if you placed an order for a 28 day subscription to a course, and cancelled after one week, we would refund to you 75% of the price paid. If you have purchased any individual Sessions, you will not be entitled to cancel the mat any time after the scheduled time for the Session, regardless of whether you have attended the Session.
12.2 How to cancel. If you request that your order be cancelled, you can confirm this in any way convenient to you.
12.3 How we will refund you. We will refund you by the method you used for payment. However, we may make deductions from the price, as described below.
12.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: Your refund will be made within 14 days of your telling us you have changed your mind.
13. WITHDRAWAL OF THE COURSES
13.1 We may withdraw the courses. We may write to you to let you know that we are going to stop providing the service. We will let you know at least one month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for courses which will not be provided.
14. IF THERE IS A PROBLEM WITH THE COURSE
14.1 How to tell us about problems. If you have any questions or complaints about our courses, please contact us. You can telephone our customer service team at 0333 5677702 or write to us at firstname.lastname@example.org or Unit 3, Netham View Industrial Park, Netham Road, Bristol BS5 9PQ.
14.2 Your legal rights. We are under a legal duty to supply courses that are in conformity with this contract. Nothing in these terms will affect your legal rights conferred on you by your status as a consumer.
15. YOUR RIGHT TO USE RECORDED COURSES
15.1 Whenever we provide you with access to a recording of a course in a digital download or stream, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
15.2 Your right to use a recording of a Session is personal to you. You can use it wherever you want in the world but only if you comply with local laws. You may not copy the recording except for a reasonable number of necessary back-ups. You are not authorised to, and agree that you will not, make the recording available to any other person other than us.
15.3 Except where you have permission to use the course recording under this section 15, you will not obtain any rights of ownership or other rights (of whatever nature) in any recording of a Session or its content or in any copies of them.
16. PRICE AND PAYMENT
16.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order.
16.2 Subscription Fees. The course is provided for a fee on a recurring subscription basis. We will display the basis on which it is offered before you purchase it.
16.3 Add On Fees. We make additional charges for additional Sessions outside your subscription allocation (including any additional 1-2-1 Sessions arranged on an ad hoc basis at your request), and for additional Course Materials or Bespoke Course Assessment involving a 1-2-1 Session with a Practitioner. These Add On fees will be made clear to you in advance of your confirming your order for them. Additionally, if you order any services from our site which are not comprised within the course or additional Sessions or Course Materials, these will be chargeable at the rates specified during the order process.
16.4 Changes to Subscription and one-off Fees. We may from time to time change our subscription and one-off fees. Changes will apply to any subsequent renewal or new order. We will inform you of any change in subscription fees at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the subscription as described in section 10.
16.5 When you must pay and how you must pay. We accept payment through our payment processor, Stripe. We will take payment on acceptance of your order. We will take payment at regular intervals (either weekly or monthly, depending on your subscription) on renewal of your course subscription, and his will be made clear to you as part of the order process.
16.6 What to do if you think a charge is wrong. If you think we have wrongly calculated or applied a charge, please contact us promptly to let us know.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or independent Practitioners; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the courses referred to in section 14.2.
17.3 We are not liable for business losses. We only supply the courses for personal and private use. If you use the courses for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
19. OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. 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 courses, we can still require you to make the payment at a later date.
19.6 Which laws apply to this contract if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this section, affects your rights as a consumer to rely on such mandatory provisions of local law.