PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND/OR APPS
- Welcome to our website myonlinetherapy.com (Website) and/or our therapy platforms including our mobile apps (together referred to as our Apps) all of which are operated by My Online Therapy Ltd (We). We are registered in England and Wales under company number 14006381 and have our registered office and principal place of business at 128 City Road, London, EC1V 2NX.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to visit our Website or use our Apps, please check these terms to ensure you understand the terms that apply at that time.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Lawful use of our Website and Apps
We do not represent that content or services available on or through our Website or Apps are appropriate for use or available in locations other than the United Kingdom. You must only access our Website or Apps or purchase any services through them if it would be lawful to do so in the country where you reside.
There are other terms that may apply to you
- If you purchase services, digital content or any other products on our Apps, our terms and conditions of supply in Part II of these terms will apply to the sales.
You must keep your account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
How you may use material on our Website and Apps
- We are the owner or the licensee of all intellectual property rights in our Website and our Apps, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website or our Apps.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Website and Apps must always be acknowledged.
- You must not use any part of the content on our Website or Apps for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on our Website and Apps
- The content on our Website and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website and Apps.
- Although we make reasonable efforts to update the information on our Website and Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and Apps is accurate, complete or up to date.
We are not responsible for websites we link to
- Where our Website and Apps contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites or resources.
- Viruses and damage to computer equipment: We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or Apps or to your downloading of any content on it, or on any website and/or app linked to it.
- Whether you are a consumer or a business user:
- 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 subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services, digital content or other products to you, which are set out in Part II of these Terms.
- If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Apps or any content on them.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website or Apps; or
- use of or reliance on any content displayed on our Website or Apps.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user: Please note that we only provide our Website and Apps for domestic and private use. You agree not to use our Website or Apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Website and/or Apps content
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website and Apps for any particular purpose, save where we have expressly agreed how you may use materials for which you have paid. We acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent of the law. Your use of any information or materials on our Website or Apps is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Website or Apps meet your specific requirements. Our Website and Apps content 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 content on our Website or Apps.
- We assume no responsibility for the content of websites and apps linked to on our Apps. Such links should not be interpreted as endorsement by us of those linked websites and apps. We will not be liable for any loss or damage that may arise from your use of them.
- Our Website and Apps contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
Accessing our Website and Apps
- Access to our Website and Apps are made available free of charge, although online consultations, live chat, and other sessions with self-employed practitioners who provide therapy and related services to users (referred to as Psychologists in these terms) made through our Apps and certain content on our Apps are charged for (see Part II of these terms and https://myonlinetherapy.com/how-it-works/). We do not guarantee that our Website and Apps, or any content on them, will always be available or be uninterrupted. Access to our Website and Apps are permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Apps without notice. We will not be liable to you if for any reason our Website and Apps are unavailable at any time, save where set out in Part II of these terms.
- We do not guarantee that our Website and Apps will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and applications in order to access our Website and Apps. You should use your own virus protection software.
Use of Our Website and Apps:
You may use our Website and Apps only for lawful purposes. You may not use our Website and Apps:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm any person in any way.
- To bully, insult, intimidate or humiliate any person.
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You may not make video or audio recordings of therapy sessions, even for your own personal reference.
Linking to our Website
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site or app. You must not establish a link to our site in any website that is not owned by you, We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out above in clause 13) (Use of Our Website and Apps). If you wish to make any use of content on our Website and Apps other than that set out above, please contact us in the first instance.
Which country’s laws apply to any disputes?
- If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you reside outside the United Kingdom you may have a right for a court in the country in which you reside to have jurisdiction, but in the absence of any such right you agree that the courts of England and Wales will have exclusive jurisdiction.
- If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Our trade marks
The registered figurative mark with the text “myonlinetherapy” registered in the United Kingdom with Trade mark number UK00003313520 under class 44 and the unregistered trade marks including the text “myonlinetherapy” used on this site are trade marks of My Online Therapy Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 13).
Part II: Terms and Condition of Supply: these apply to all users of our Website and Apps who make purchases
Who we are and when these terms and conditions of supply apply
- Who we are. We are My Online Therapy Ltd. Our full details are in Part I of these terms.
- When these terms apply. Part II of these terms cover the terms and conditions on which we provide access to Psychologists (defined in clause 12)a) of Part I of these terms) through our Apps and to any other services, digital content, or other products we provide through our Apps. References to “services” in these terms include references to all services, digital content, or other products we provide through our Apps unless the context makes clear we only mean services.
- Why you should read them. Please read these terms and conditions carefully before you order services from us. These terms tell you 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, please contact us to discuss.
Our contract with you when you order services, digital content or any other products through our site
- How we will accept your order. Acceptance of your order will take place when we email you to accept it or confirm an appointment with a Psychologist on an App, at which point a contract will come into existence between you and us.
- If we cannot accept your order. In the unlikely event we are unable to accept your order, we will inform you of this in writing and, if you have paid for the service we cannot provide, we will arrange a refund which will usually be made within 5 to 10 business days or in some cases you will be able to use the amount paid to order sessions(s) with a Psychologist at another time or purchase other services or digital content from us using that money.
Your rights to make changes
- General. If you wish to make a change to the services you have ordered please contact us. 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, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6) Your rights to end the contract).
- Therapy Sessions. You will be able to make changes (cancellation or rescheduling) to a therapy session with a Psychologist provided you have provided at least 48 hours prior notice to the Psychologist using the App.
Our rights to make changes
- Minor changes. We may make changes to our Apps for technical reasons, to change the look and feel, to reflect changes in relevant laws and regulatory requirements. These changes will not prevent you from receiving therapy using the method of communication with your Psychologist that you have chosen.
- More significant changes to the services or digital content and these terms. We may need to make other changes to the services or digital content you buy on our Apps, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or digital content paid for but not received.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing our Services and Digital Content
- Therapy Sessions. When you book a therapy session with a Psychologist on an App you will pay or become liable to pay the fees for our services and those of the Psychologist for that session at the time of booking. The total price (which includes our fees and those of the Psychologist) for sessions and other services can be found here https://myonlinetherapy.com/how-it-works/ .
- Other Services or Digital Content. When you order any other services or digital content from us, you will usually be required to pay before we provide such services or digital content, the price for which will be stated on the page on which you place your order. We may offer a free trial period during which you are not required to pay for the services or digital content (but in respect of which these terms apply). The minimum contract duration for our subscription services is stated on the order form (usually one month or one year). You will be able to cancel during a free trial period with no charge.
- We are not responsible for delays outside our control. If our supply of the services or digital content is 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 services or digital content you have paid for but not received.
- Reasons we may suspend use of our Apps. We may have to suspend our Apps to:
- deal with technical problems or make minor technical changes;
- update an App to reflect changes in relevant laws and regulatory requirements.
- Your rights if we suspend use of our Apps. In the unlikely event we will be suspending any of our Apps, we will contact you in advance to tell you unless the problem is urgent or an emergency or for routine maintenance carried out outside of usual business hours.
- We may also suspend supply of the services if you do not pay. If you do not pay us for our services when you are supposed to, we may suspend supply of our services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our services.
Your rights to end the contract
- When you can end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
- If our service or digital content is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 9);
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 6)c);
- If you have just changed your mind, see clause 6)e) to 6)h);
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6)d);
- If you are still within a free trial period for a digital content subscription, you may end the contract at any time.
- Your rights if a Psychologist cannot attend a therapy session. In the unlikely event that a Psychologist is unable to attend a therapy session that has been booked with you, you will have the right to reschedule for another time or (where you have paid in advance for the session) you will have a right to a refund.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at i) to v) below the contract will end immediately and we will refund you in full for services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the services or digital content or these terms which you do not agree to (see clause 4);
- we have told you about an error in the price or description of the services or digital content you have ordered and you do not wish to proceed;
- we have told you there is a risk that supply of the services or digital content may be significantly delayed because of events outside our control;
- we have suspended supply of the services or digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than  days; or
- you have a legal right to end the contract because of something we have done wrong.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6)h)), you can still end some contracts before they are completed. A contract for digital content is completed when the product is downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances (such a subscription service), just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us or, if longer, the end of the current period for which you have paid. We will refund any advance payment you have made for services which will not be provided to you.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund, but you are required to pay where you have received a benefit or we have incurred a cost. These rights, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and how we extend and implement them are explained in more detail in these terms.
- When your order is a request to provide services before the 14 day cancellation period has ended. When you order any services from us (including digital content) that are scheduled to be supplied within 16 days of the date of your order you agree that your right to cancel will be as set out below and you may not have the benefit of the full 14 day period to change your mind.
- How long do I have to change my mind? You can change your mind at any time up to 48 hours before the time of your therapy session with a Psychologist is scheduled to be provided even if it has been more than 14 days since you booked your therapy session. Within 48 hours of the time of your appointment with a Psychologist you will not able to cancel.
- When you don’t have the right to change your mind. You do not have a right to change your mind, even if any cancellation period provided under the Consumer Contract Regulations 2013 is still running, in respect of:
- digital content after you have started to download or stream these;
- services, once these have been completed; or
- any therapy sessions from 48 hours before the time they are scheduled to be provided.
- When you can end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. If you want to end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 020 3389 7767 or email us at [email protected]. Please provide your name, home address, details of the session you wish to cancel and, where available, your phone number and email address.
- Online. Complete the form https://myonlinetherapy.com/contact/ on our website.
- How we will refund you. Where you have a right to end the contract, we will refund you the price you paid for the services, using the same the method you used for payment. However, we may make deductions from the price If you received the benefit of any services prior to ending the contract.
- 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.
- Tell us you want to end the contract. If you want to end the contract with us, please let us know by doing one of the following:
Your Conduct and our rights to end the contract
- Your conduct during a session with a Psychologist. You agree not to join any therapy session with a Psychologist under the influence of drugs or alcohol, or to become abusive, insulting, threatening, disruptive or act in any other manner the Psychologist considers unreasonable during the therapy session and agree that if you do so the Psychologist will be entitled to terminate the session and you will remain liable for the full cost of the therapy session.
- We may end the contract if you break it. We may end the contract with you at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within  days of us reminding you that payment is due (and we may suspend provision of the services during that period as set out in clause 5)f));
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, information needed to receive payment for a therapy session from your insurance provider where you are not paying for therapy sessions yourself; or
- you breach clause 13) of our terms and conditions of use in Part I of these terms or clause 8)a) of Part II of these terms.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8)b) we will refund any money you have paid in advance for services or digital content we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw a service. We may write to you to let you know that we are going to stop providing a specific service or digital content. We will let you know in advance of our stopping the supply a specific service or digital content and will refund any sums you have paid in advance for services which will not be provided.
If there is a problem
- How to tell us about problems. If you have any questions or complaints about our services or digital content, please contact us. You can telephone our customer service team at 020 3389 7767 or write to us at [email protected] or https://myonlinetherapy.com/contact/.
- Please refer to clause 11) if you have a problem with your Psychologist, please contact us with details of your complaint which will be reviewed by Dr. Tom Pennybacker, Chief Medical Officer.
Price and payment
- Where to find the price for the product. The price of the services and digital content (which includes our charges and those of the Psychologist and any VAT at the current rate) will be the price indicated on the order pages when you placed your order. Our prices for therapy sessions can be found here https://myonlinetherapy.com/how-it-works/. We take reasonable care to ensure that the price of the services and digital content advised to you is correct. However please see clause 10)c) for what happens if we discover an error in the price of your order.
- We will pass on changes in the rate of VAT. Where VAT is chargeable, if the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services or digital content we sell may be incorrectly priced. We will contact you if this happens. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mis-pricing, we may end the contract, refund you any sums you have paid.
- When you must pay and how you must pay. Generally, you must pay in full before we supply any services or digital content. For non-subscription services, we accept payment using Stripe which allows you to pay using most popular credit or debit cards.. For subscription services you can pay using Apple Pay or Google Pay (managed by Stripe). You can read more about this payment method and our prices here https://myonlinetherapy.com/self-care.
- When your insurance provider has agreed to pay. In some cases your insurance provider will have agreed to pay for services. In the event your insurance provider does not pay in full by the agreed date (or within 120 days if no date was agreed) for any services you receive you will be personally liable to pay for those services (including those provided by the Psychologists) to the extent your insurance provider has not paid for them. Some insurance providers require you to pay a percentage of the price of any therapy session and/or have an annual excess that you must pay (and such payment is referred to as an Excess); we can require you to pay any Excess at any time. If you are unsure, you should check with your insurance provider.
Who Provides the Services
- Psychologists. We operate the Apps through which Psychologists provide therapy and related services to users: we are not the providers of these services and the service provider shall at all times be the Psychologist. All of the Psychologists are self-employed and are regulated by their respective regulatory bodies. Each Psychologist has their own set of terms and conditions, and any therapeutic contract will be formed between you and your chosen Psychologist.
- The Psychologists are regulated. Each Psychologist is regulated by one or more of the following regulators:
- The Health and Care Professions Council
- Contacting a Psychologist. You can contact any Psychologist you have worked with by contacting us using the contact details on our website or in these terms and conditions of supply.
- We provide the Apps. We provide the video conferencing platform, live chat, messaging and administrative services only. We will not accept liability for any loss or damage resulting from contact with or services provided by the Psychologists. Any complaint against a Psychologist should be raised with the Psychologists in the first instance and, if necessary, escalated to their respective member organisation.
- We provide subscription based self-care and other digital content. The material accessible through the self-care subscription (and any free trial) is written by psychologists and [developed and provided] by us.
Our responsibility for loss or damage suffered by you
- 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.
- 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 subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; or where it would otherwise be unlawful to do so
- Digital Content. Any digital content we supply does not constitute individual advice and furthermore we cannot guarantee that the skills and suggestions in it will work for you personally. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We only supply the services and digital content for domestic and private use. If you use the services and digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our privacy notice (https://myonlinetherapy.com/privacy-policy/).
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 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.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- 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 services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. Clause 15) of Part I of these terms applies equally to Part II of these terms.