MindHealth360 User Terms and Conditions
1. The MindHealth360 Platform
1.1 We appreciate your use of the service provided by us. Please read these terms (the “Terms”) carefully as they govern your use of the MindHealth360 Platform. In these Terms, you will be referred to as “you” or as a “user”.
1.2 The term “we” means MindHealth360 Limited, the owner and operator of the MindHealth360 application and website, at http://www.mindhealth360.com (the “Website”), and at any other associated website locations, and the services we make available through them (together, the “Platform”). The registered office of MindHealth360 Limited is at Central Office Cobweb Buildings, The Lane, Lyford, Wantage OX12 0EE and its company registration number is 11399180.
1.4 If you use our Platform in the course of a business or other organisation, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant company or legal entity.
1.5 We may vary the Terms from time to time and shall post such alterations on the Platform. If you do not agree to the changes made to the Terms, then you have the right to stop using the MindHealth360 Platform, and should do so immediately. Your continued use of the MindHealth360 Platform after the date the changes have been posted will constitute acceptance of the amended Terms.
2.1 You can choose to register with the MindHealth360 Platform:
(a) as a user of the Platform and subscriber to our mailing list (a “Registered User”);
(b) as a mental health practitioner whose details will be listed on our Platform database (a “Practitioner”);
(c) as a subscriber to our MindHealth360 Application (an “App Subscriber”).
2.2 To register as a Registered User, App Subscriber or Practitioner, please complete and submit the relevant account registration forms on our Platform.
2.3 To register as a Practitioner, you must be at least 18 years of age. There are no age restrictions on registering as a Registered User or App Subscriber.
2.4 You warrant that all information you provide to us will be true and fair and not misleading.
2.5 If you wish to cancel your registration with the MindHealth360 Platform, you can do so at any time by sending an email to firstname.lastname@example.org requesting removal from our database.
2.6 We have the right to terminate the registration of any Registered User, App Subscriber or Practitioner at any time, if we receive complaints about them, or for any other reason at our entire discretion.
2.6 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Platform;
(c) permanently prohibit you from accessing our Platform;
(d) block computers using your IP address from accessing our Platform;
(e) contact any or all of your internet service providers and request that they block your access to our Platform;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our Platform.
3. Operation of the Platform
3.1 The MindHealth360 Platform is designed to provide free, comprehensive, online source of information on mental health from an integrative/functional medicine perspective. The Platform also allows users to locate professional support from licensed practitioners.
4.1 This Platform contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.
4.2 You are granted a licence to use the Content subject to the restrictions described in these terms and conditions.
4.3 All Content and material contained in this Platform is and shall remain at all times the copyright of MindHealth360 Limited (or its licensors).
4.4 You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any Content.
5. Licence to use the Platform
5.1 You may:
(a) view Content from our Platform in a web browser;
(b) download Content from our Platform for caching in a web browser;
(c) print Content from our Platform;
subject to the other provisions of these terms and conditions.
5.2 Except as expressly permitted by Section 5.1 or the other provisions of these terms and conditions, you must not download any Content from our Platform or save any such Content to your computer.
5.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any Content on our Platform.
5.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish Content from our Platform (including republication on another website), except in the case of social media websites in which case you are permitted to publish extracts of our Content in order to promote use of the Platform;
(b) sell, rent or sub-license Content from our Platform;
(c) show any Content from our Platform in public;
(d) exploit Content from our Platform for a commercial purpose; or
(e) re-distribute Content from our Platform.
5.5 We reserve the right to restrict access to areas of our Platform, or indeed our whole Platform, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.
6. Acceptable use
6.1 You must not:
(a) use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform;
(b) use our Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent.
6.2 You must ensure that all the information you supply to us through our Platform, or in relation to our Platform, is true, accurate, current and non-misleading.
7. Information provided by or received through your use of the Platform
7.1 This Platform is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Platform or the information and material provided on or received by you through this Platform.
7.2 The MindHealth360 Platform has collated and collected sources which may be of interest to users in relation to mental health matters. However, we cannot warrant or endorse any information, opinions, advice or recommendations, (“Advice”) which you may find on the Platform or receive through the Platform, and we expressly disclaim any and all liability in connection with any such Advice you may receive.
7.3 You accept and agree that MindHealth360 Limited will not be responsible for the accuracy, usefulness, safety, or effectiveness of any Advice.
7.4 You may be exposed to Advice that you find to be inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
7.5 We do not warrant that this Platform will be constantly available, or available at all; or that the Advice you may receive through this Platform is complete, true or accurate in any way.
7.6 Your use or reliance on of any Advice is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Advice you receive through this Platform meets your own specific requirements.
7.7 MindHealth360 Limited is not a health care provider or a provider of medical advice. We make no claim or representations that the Platform will be able to provide general health benefits or mental health benefits. If in doubt, users should contact their own registered medical professionals.
7.8 You acknowledge that information or Advice offered on this Platform may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
7.9 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Platform and the use of this Platform (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7.10 We make no warranty as to the nature or behaviour of any practitioners who you may locate or be introduced to through the use of the Platform. We are not liable to you for any loss or damage you may incur as a result of introducing you to a practitioner through the Platform.
7.11 We are not able to guarantee the validity of any documents provided to MindHealth360 Limited by practitioners and therefore we cannot verify that the degrees, qualifications, certification, credentials, competence, or background of any practitioner are accurately stated.
7.12 You are advised to exercise appropriate care and caution in the use of the Platform. You understand and agree that you are aware that the services offered through the Platform may not be a substitute for a face-to-face session by a licensed medical practitioner. You should never rely on or make health or well-being decisions purely on use of the Platform. Never avoid or delay obtaining medical advice from your doctor or other qualified healthcare professional, or by traditional face-to-face appointment, as a result of information or Advice you received through the Platform.
8. Not a replacement for medical advice
8.1 DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL THE EMERGENCY SERVICES IMMEDIATELY.
8.2 IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE RELEVANT EMERGENCY SERVICES AND SEEK HELP FROM A MEDICAL PROFESSIONAL.
9. Limitation of Liability
9.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
9.2 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the MindHealth360 Platform.
9.3 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
9.4 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
9.5 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for more than £100 in aggregate in respect of all matters concerning or arising out of your use of the MindHealth360 Platform.
10. Third party websites
10.1 Our Platform may include links to other websites owned and operated by third parties. We have no responsibility for the content of such third party websites.
10.2 We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11. General Terms
11.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
11.2 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
11.3 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
11.4 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
11.5 The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.