These Terms and conditions are legally binding between you, whether personally or on behalf of another person or an entity (“you”, “user”) and Mindhamok Ltd company number 12852947, with registered offices in 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, (“we”, “us”, “Mindhamok”, “This Website” “Our Website”), Which are individually referred to as a “Party” and collectively as the “Parties" .
These terms and condition regulate your access to and use of the Mindhamok Website Freemium Subscription. Please read these terms carefully.
You agree that, you have read, understood, and agree to be bound by all the terms and conditions and by all terms and conditions listed on the website.
We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions listed on the website at any time and for any reason. As a result, access to Mindhamok’s services may vary, and some services may no longer be available or change.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service and/or terms and conditions listed on the website, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service and the terms and conditions on the website to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions listed on the website by your continued use of the services after the date such revised terms and conditions listed on the website are posted.
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 this website for any particular purpose. You 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 permitted by law.
Your use of any information or materials on this website 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 this website meet your specific requirements.
This website contains 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 other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
BACKGROUND
- Mindhamok is a private company limited by shares which provides emotional support consultancy in the form of Helpline and counselling services.
- By subscribing to our Freemium Subscription, you agree to these terms and conditions, and to Mindhamok website terms and conditions.
IT IS AGREED as follows:
- INTERPRETATION
1.1
‘Mindhamok Personnel’ means all the employees, agents, consultants and independent contractors (including advisors) of Mindhamok;
‘Commencement Date’ means the date you subscribe to the services from the website;
‘Confidential Information‘ means all information, material and data (including Personal Data as defined below) relating to you which Mindhamok or Mindhamok Employees/contractors may receive or come into contact with for any reason in connection with the provision of the Services unless it being understood that Confidential Information shall not include:
(a) Information that was in the public domain at the time of the disclosure; or
(b) Information that although originally Confidential Information, was then subsequently entered in the public domain.
‘Initial Term’ means the term from the execution date of this Agreement and the expiry hereof, in accordance with clause 3 hereunder,
'Personal Data' has the meaning given by UK Data Protection Act 2018,
‘Services’ means the services set out in clause 2 and Annex 1 hereto,
‘Term’ means the period commencing on the Commencement Date and ending upon the expiry or termination for whatever reason of this Agreement,
1.2 Reference to any statute or statutory provision includes a reference to the statute or statutory provisions as from time to time amended, extended or re-enacted.
- CONFIDENTIALITY AND DATA PROTECTION
2.1 Mindhamok agrees that your details shall be registered in line with current best practice and with the UK Data Protection Act 2018. Mindhamok’s privacy policy is set out in Annex 3.
2.2 Mindhamok undertakes to keep, and shall ensure that all its Employees shall keep, Confidential Information confidential and are not at any time or for any reason whatsoever, use or disclose such Confidential Information or allow it to be used or disclosed to a third party except as permitted hereunder or as may be necessary to enable Mindhamok to perform the Services.
2.3 Mindhamok undertakes not to use or disclose information to any individual, company or other form of organisation that could compromise the identity of an individual seeking support via the Services, without consulting each other so that informed client consent is obtained prior to any such disclosure.
2.4 The provisions of clauses 4.1, 4.2 and 4.3 shall not apply to any Confidential Information to the extent that:
2.4.1 Disclosure is required by law, regulation or order of a court or tribunal of competent jurisdiction; or
2.4.2 Disclosure is necessary to protect your vital interests or of any third person. In particular, in the event of serious potential self-harm or harm to others, including risk to children or vulnerable adults, Mindhamok personnel shall inform or consult appropriate authorities, following duty of care in the client’s and the public best interest.
2.5 The provisions of this clause shall survive the termination or expiry of your Freemium subscription for whatever reason.
2.6 Each Party shall indemnify and hold the other Party harmless from and against any loss or damage (including damage to reputation and/or goodwill) and all costs and expenses (including without limitation reasonable legal costs and expenses) that the other Party may suffer as a result of the breach of this clause 5.
2.7 We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- GENERAL LIABILITY waiver
The information on our website is not intended to be a substitution for diagnosis, treatment, or informed professional advice. You should not take any action without consulting a qualified mental health professional.
MIndhamok does NOT provide emergency services, nor it constitutes a suicide prevention service/helpline. If you are in a crisis or life-threatening situation – do NOT use our website/services. Use the emergency number of the country you are in for assistance (112 or 999 in UK & Republic of Ireland, 112 in the European Union, 911 in the US and Canada, 000 in Australia, 110 in China, 112 in India, 111 in New Zealand).
You hereby agree to use the material on our website at your own risk, and under no circumstances shall Mindhamok or any of its representatives/ sub-contractors be liable under this agreement to you or any third party in the event of death or physical injury to you or any other third party. This applies to all Mindhamok services, including (but not limited to) virtual sessions, in person yoga sessions, etc.
In no event shall Mindhamok or any of its representatives/ sub-contractors be liable under these terms to you or to any third party for consequential, indirect, incidental, special exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of these terms, regardless of a) whether such damages were foreseeable, b) whether or not you were advised of the possibility of such damages and c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
- TERMINATION
4.1 Mindhamok reserves its right to terminate your Freemium subscription any time and for any reason without the need for any notice.
4.2 In order to terminate your Freemium subscription, please send an email to: hello@mindhamok.com. With subject: “please cancel my subscription”. Alternatively, please follow the cancellation instructions on the website.
- INTELLECTUAL PROPERTY
5.1 You hereby acknowledge that all intellectual property rights subsisting in any information, documents and other materials provided by Mindhamok to you in connection with the provision of the Services (‘Mindhamok Materials’), are owned by Mindhamok or its licensors.
5.2 You may use the Mindhamok Materials strictly for their purposes in connection with the receipt of the Services, and for no other purpose. You may not disclose the Mindhamok Materials to any person other than as reasonably required for the receipt of the Services.
- SUB CONTRACTORS
You hereby acknowledge that Mindhamok engages the services of independent contractors and subcontractors in order to perform some of the Services indicated in Annex 1.
- PRIVACY AND DATA PROCESSING POLICY
The general personal, particular and / or clinical data relating to you with Mindhamok Services will be processed in paper and electronic form in accordance with the legislation on personal data pursuant to the UK Data Protection Act 2018. Personal data processing implies any operation or set of operations performed with or without the aid of automated processes and applied to personal and / or medical data or to sets of personal and / or medical data, even those not registered in a database, such as collection, registration, organization, structuring, preservation, processing, selection, blocking, adaptation, modification, extraction, consultation, use, communication, transmission, dissemination or any other form of any other form of making supply, comparison or interconnection, limitation, cancellation, destruction.
The data collected will be processed in paper and computerised and/or automated form.
7.1 Data Protection Owner and Manager (with reference to the telephone counselling service)
The data controller is CNLR Horizons Limited, registered under no. 2271807, located at 23 Kensington Square, W8 5HN London, United Kingdom (hereinafter referred to as "CIC").
The Company can be contacted:
- Via email to the Company’s email address info@cic-eap.co.uk
- Via telephone using the following number +44 (0) 2079376224
The list of data processors can be acquired by email at the address info@cic-eap.co.uk
7.2 Data Protection Owner and Manager (in the event of face to face session requests)
Should you ask to be admitted to a face-to-face session with a clinician identified by mindhamok LTD, in this case and limited to the aforementioned case, Mindhamok will be considered co-owner of the treatment along with CIC.
The Company can be contacted:
- Via email to the Company’s email address hello@mindhamok.com; Via telephone using the following number ++44 774 700 2918.
The list of data processors can be acquired by email at the address hello@mindhamok.com.
7.3 Data Collection
Your personal, particular and / or clinical personal data will be collected during the process by CIC upon access to the telephone counselling service and support made available by service provider which has a contract with Mindhamok through automated and / or computerized methods. Furthermore, all calls made to the helpline will be recorded.
In case of request for face-to-face sessions, Mindhamok will also collect the aforementioned data in hard copy and computerized form.
The processing of your data will be based on principles of fairness, freedom and transparency through tools to ensure security and confidentiality using appropriate procedures that avoid loss, unauthorized access, use and / or illegal dissemination.
7.4 Legal basis and Purpose of processing
The processing of your data is strictly connected to the execution of the activities related to the Mindhamok services that you have requested. Therefore, your data will be processed for purposes related and instrumental to the fulfilment of obligations related to the implementation of Mindhamok services and precisely:
- To allow telephone counselling and other services connected to the help line,
- To allow the identification of a professional in case of request for face-to- face sessions with the clinicians identified by Mindhamok,
- To allow the execution of any other service related to Mindhamok Services.
Failure to comply with the processing of your data will make it impossible for you to be provided with Mindhamok Services.
7.5 Processing methods
The data cannot be disclosed unless required by law, in order to prevent damage to those whose data have been collected or the safety of third parties. The data may be disclosed to clinical third parties in the event that you expressly request to be admitted to face-to-face sessions with a clinician identified by Mindhamok.
7.6 Optional or mandatory consent
The acquisition of the above data is strictly necessary for carrying out tasks related to Mindhamok Services. It follows that the failure to consent to the collection and storage of data as illustrated in this statement will make it impossible for the owner of the data to benefit from the support services provided by Mindhamok.
7.7 Data transferral among countries belonging to the Union
Please note that all data collected during access to the telephone counselling service will be processed in the United Kingdom, where the helpline is based, and in case of request for access to face-to-face sessions will be transmitted in the UK, where Mindhamok is based.
7.8 Storage times and other information
Calls made to the help line will be stored for 12 months, after which they will be deleted. All other data collected during access to the help line will be stored for 7 years, after which it will be deleted.
Data collected in paper and automated mode when requesting access to face-to-face sessions will be kept for a period of 12 months, after which they will be deleted.
7.9 Exercise of the rights of the interested party
For data that concerns you, you have the right to ask the Data processor to access it in order to correct, delete, integrate any incomplete data, limit processing, receive structured data, You have the right to ask the Data Controller and the co-owner to access data concerning you, their correction, their deletion, the integration of incomplete data, the limitation of processing, receive data in a structured format in common use and readable by automatic device, revoke the consent given for processing of your general, particular and clinical personal data at any time and oppose all or part of their use, propose a complaint to the Guarantor for the protection of personal data and exercise all other rights recognized by current legislation.
These rights can be exercised by writing to CNLR HORIZONS LIMITED, 23 Kensington Square, London W8 5HN or by email to the address info@cic-eap.co.uk. In the event that you have requested access to face-to-face sessions with a clinician the request can also be made by e-mail to the address hello@mindhamok.com.
It is understood that, where the request for access is presented by electronic means, the information will be provided in a commonly used electronic format.
- GOVERNING LAW
8.1 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.
Mindhamok Ltd company number 12852947, with registered offices in 71-75 Shelton Street, London WC2H 9JQ
Last updated September 2022
