Terms of Use and Supply of Services
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND/OR APPS
Part I: Terms of Use: Terms which apply to all users of our website and our apps
1. Who we are and when these terms of use apply
- Welcome to our website myonlinetherapy.com (“Website”) and/or our therapy platforms including our mobile apps all of which are operated by the Ascenti Group being Ascenti Physio Limited (Company Number 04530716) and Ascenti Health Limited (Company Number 03225768) which are companies incorporated in England & Wales and whose registered office is Carnac House, Carnac Court, Cams Estate, Fareham, Hampshire, PO16 8UZ and trading as My Online Therapy (“We”, “Our”, “Us”). We are the owners of the Website and our My Online Therapy mobile apps, together referred to as our “Apps”.
- If you continue to browse and use our Website and/or Apps or purchase any products or services on our Apps, you are agreeing to comply with and be bound by the terms and conditions of use in Part I of these terms, which together with the other terms which may apply to you described below govern our relationship with you in relation to our Website and Apps. We recommend that you print a copy of these terms for future reference. If you do not agree to these terms of use, you must not use our Website or our Apps.
- You must be at least 18 years old and resident in the UK to use the Apps.
- Only download or use the Apps if you have read and understood these terms and agree to them. If you do not agree to these Terms of Use, we will not allow you to use the Apps and you should not download or use it. If you do not understand anything in these Terms of Use, please contact us before downloading or using the App.
- If you would like these terms or the Privacy Notice or Cookie Policy in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2. 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 will publish any updated terms on the Apps or via a link to our Website and you will be legally bound by the updated and amended terms from the first time that you visit our Website or use our Apps after we publish the changes. It is your responsibility to check these terms from time to time to verify any such updates or amendments but if the change is material, you may be asked to agree any changes in advance by in-app notification or when you download an update. If you do not accept any changes, you will not be able to use the Apps and may be able to apply to the app store or other marketplace from which you purchased or downloaded the App (the “App Store”) for a refund in accordance with the rules of the App Store.
3. 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.
4. 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. Whilst we hold medical malpractice insurance, our insurance does not include cover in respect of any services provided outside of the United Kingdom. Accordingly, if you choose to access the App or receive the Services from locations outside the UK in breach of these Terms of Use, you acknowledge and agree that:
- you do so at your own initiative and are responsible for compliance with local laws where they apply and for any loss or damage that you suffer as a result of you accessing or using the Apps or receiving the services from locations outside of the United Kingdom;
- we owe no responsibility to you in respect of you accessing or using the App or receiving the services from locations outside of the United Kingdom and to the extent that we are allowed to do so by law, we exclude all responsibility for any loss or damage that you suffer as a result of you accessing or using the App or receiving the services from locations outside of the United Kingdom in breach of these Terms of Use; and
- without limiting any other legal rights that we have available to us as a result of your breach of these Terms of Use, you shall fully reimburse us on an indemnity basis in respect of any loss or damage that we suffer as a result of you accessing or using the App or receiving the services from locations outside of the United Kingdom, including any loss or damage that we suffer as a result of any claim(s) made by you against us in respect of your use of the App or receipt of the services (including claims for breach of contract and/or negligence) not being insured under our medical malpractice insurance policies due to accessing or using the App or receiving the services from locations outside of the United Kingdom.
5. There are other terms that may apply to you
- These terms of use refer to the following additional terms, which also apply to your use of our Website and Apps:
- Our Privacy Notice (https://myonlinetherapy.com/privacy-policy/), which sets out information about how we use personal data.
- Our Cookie Policy (https://myonlinetherapy.com/cookies/), which sets out information about the cookies on our Website and Apps.
- 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.
6. 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 ensure are kept secure and treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
- If we have reason to believe there is likely to be a breach of security or misuse of the Apps through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Notice.
7. 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 only in accordance with these Terms of Use and you may draw the attention of others within your organisation to content posted on our Website or our Apps. All other copying, whether electronic, hard copy or in any other format is prohibited.
- 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.
- If you print off, copy or download any part of our Website or our Apps in breach of these terms of use, your right to use our Website and our Apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. 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.
9. 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. The display of a link or the ability to access external resources does not mean that we endorse those resources or products or services available. Use of those sites or resources is at your own risk.
10. Our liability
- 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. You should therefore ensure that your devices used to access the App are protected against viruses and harmful code.
- As you are a consumer:
- 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.
- No business use. 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.
11. 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. 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.
12. 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 our practitioners who provide therapy and related services to users (referred to as Mental Health Practitioners 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.
- You are responsible for making all arrangements necessary for you to have access to our Website and Apps. You are also responsible for ensuring that all persons who access our Website and Apps through your internet connection, or using your computer equipment or mobile device, are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
- 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.
13. 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.
- To make video or audio recordings of therapy sessions, even for your own personal reference.
- To assist, permit or encourage any other person to do any of the things described in (i) to (vi) above.
- You may not create a link to our Website or Apps from another website or document(s) without obtaining our prior written consent.
- You agree to be fully responsible for any costs, claims, damages and expenses which we incur as a result of any claim arising from your failure to comply with this clause 13.
14.Which country’s laws apply to any disputes?
- 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.
15. Our trade marks
- The Website and the Apps will include both registered and unregistered trade marks of Ascenti Health Limited, including the trade marks registered in the United Kingdom with trade mark numbers UK00003313520 & UK00003538184.. 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
A. Private Self-Funded Users
1. Who we are and when these terms and conditions of supply apply
- Who we are. We are the Ascenti Group being Ascenti Physio Limited (Company Number 04530716) and Ascenti Health Limited (Company Number 03225768) which are companies incorporated in England & Wales and whose registered office is Carnac House, Carnac Court, Cams Estate, Fareham, Hampshire, PO16 8UZ and trading as My Online Therapy. 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 Mental Health Practitioners (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.
- Other terms that apply. Our terms of use for our Website and Apps in Part I of these terms also apply to you, together any other terms and conditions stated to apply to you in Part I of these terms. If there is any conflict between this Part II of these terms (the terms and conditions of supply) and Part I of these terms (the terms of use for our Website and Apps), Part II of these terms (the terms and conditions of supply) shall prevail.
- 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.
2. Our contract with you when you order services, digital content or any other products through our site or Apps
- 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 Mental Health Practitioner 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 Mental Health Practitioner at another time or purchase other services or digital content from us using that money.
3. 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 Mental Health Practitioner provided you have provided at least 48 hours prior notice to the Mental Health Practitioner using the App.
4. 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 Mental Health Practitioner 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.
5. Providing our Services and Digital Content
- Therapy Sessions. When you book a therapy session with a Mental Health Practitioner on an App you will pay or become liable to pay the fees for our services for that session at the time of booking. The total price 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.
6. 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 7);
- 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 Mental Health Practitioner cannot attend a therapy session. In the unlikely event that a Mental Health Practitioner 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 7 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 Mental Health Practitioner 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 Mental Health Practitioners 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.
7. How to contact us
- How to contact us. You can contact us by telephoning our customer service team at 0330 678 0850 or by writing to us at Ascenti Carnac House, Carnac Court, Cams Estate, Fareham, Hampshire, PO16 8UZ or by sending us an email to [email protected].
- How we may contact you. By using the Apps you agree to receive communications from us electronically. If we have to contact you we will do so by email to the email address that you provide when you register for the App or by posting notices, alerts, prompts or other information through the App or our Website.
- “Writing” includes text messages and emails. When we use the words “writing” or “written” in these terms, this includes letter, text messages, emails and other forms of direct electronic messaging.
- Tell us you want to end the contract (including if you have changed your mind). 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 0330 678 0850 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.
8. Your Conduct and our rights to end the contract
- Your conduct during a session with a Mental Health Practitioner. You agree not to join any therapy session with a Mental Health Practitioner under the influence of drugs or alcohol, or to become abusive, insulting, threatening, disruptive or act in any other manner the Mental Health Practitioner considers unreasonable during the therapy session and agree that if you do so the Mental Health Practitioner 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 7 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 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.
9. 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 01329 339880 or by emailing us at [email protected] or by writing to us at Complaints Officer, Ascenti, Carnac House, Carnac Court, Cams Estate, Fareham, Hampshire PO16 8UZ. Alternatively, please speak to our clinician in person.
10. 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 Mental Health Practitioner 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 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.
11. Who Provides the Services
- The Mental Health Practitioners are regulated. Each Mental Health Practitioner is regulated by one or more of the following regulators:
- The Health and Care Professions Council;
- British Association for Behavioural and Cognitive Psychotherapies; British Association for Counselling and Psychotherapy;
- EMDR Association UK
- Contacting a Mental Health Practitioner. You can contact any Mental Health Practitioner you have worked with by contacting us using the contact details on our website or in these terms and conditions of supply.
- 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 Mental Health Practitioners and developed and provided by us.
12. 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.
13. 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/).
14. 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 14) of Part I of these terms applies equally to Part II of these terms.
- My Online Therapy is a UK based online therapy platform but we offer sessions to our clients based on your local timezone wherever you may be in the world. The platform will note your timezone at the point of login with the Mental Health Practitioner’s schedule updated to reflect where you are, so you can select a session time that works best for you. This will also be reflected in any booking confirmation and reminder emails. Please note that My Online Therapy will not know if your local timezone has changed since you made the booking unless you actively log back into the app and so reminder emails may still show the booking as based on your original timezone. The app does not automatically update your timezone based on your device settings. We encourage clients to make a note of any changes to their location from the time of booking to ensure they don’t miss their sessions. My Online Therapy does not take responsibility for any missed sessions and the usual cancellation policy will apply.
B. Third-Party Funded Users
1. Other terms that apply.
- If you are using our services where your private medical insurance, employer, or another company is paying for our services (“Third Party Funded User”) our patient terms will apply (https://www.ascenti.co.uk/terms-conditions/) in addition to clauses 1, 2, 3, 4, 5 (c) – (e), 7 (a) and (b), 8 (a), 9, 11 and 13 of Part II of these Terms of Use.
2. 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 or postal address you provided to us or that was provided to us by the relevant third party in the event that you are a Third Party Funded User.
3. Why you should read them
- Please read our patient 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.