Solas Mind Terms and Conditions of Service
These terms of service (the “Terms of Service
) constitute a legally binding agreement made between you, whether personally or on behalf of an entity, (the “User,
you” or“your”) and Solas Mind Ltd., Solas Mind International Ltd, and any other affiliates or subsidiaries (collectively, “SolasMind,” “we,” “us,” or “our”), concerning your access to and use of www.solasmind.com
, as well as any other websites or mobile applications related, linked, or otherwise owned and operated by us or our affiliates (collectively, the “Website
”). The registered office of Solas Mind Ltd. and Solas Mind International Ltd is at UHY Hacker Young (Birmingham), 9-11 Vittoria Street, Birmingham, England, B1 3ND and the company registration numbers are 12196100 and 14451457 respectively.
Please read these Terms carefully as they govern your use of Solas Mind.
. We may update these Terms from time to time to make them clearer or to reflect changes in law or practice. If we do that, we will use the updated terms when an appointment is booked or a company partners with us to provide wellbeing services. If you do not agree to the changes made to these Terms, then you must stop using our services. If you continue to use our services and work with us after the date the changes have been implemented,we will infer that you accept the amendments.
“The Client” — The individual attending a well-being Solas support session
“The Business” — The employer providing Solas Support as a benefit to its employees (“Clients”)
“Providers” — The individual counsellors / coaches providing well-being support Services to clients via Solas Mind.
“Services” — the well-being support, counselling or coaching sessions Clients can book with our Providers through our Website, including any corporate packages purchased by Businesses.
2. DESCRIPTION OF WELL-BEING SUPPORT
Well-being support - counselling or coaching is a supportive relationship, an alliance (not a legal business partnership) between a Provider and a Client. It is a safe, non-judgemental and, at times, thought-provoking space to support an individual’s wellbeing and maximise personal and professional wellness and potential.
We reserve the right to decline online support or suggest alternative support if we feel that we cannot support you, either due to the nature of your problem or if we feel you need emergency face to face support. Your wellbeing is of paramount importance to us and we will endeavour to help you and signpost you elsewhere if we feel we cannot offer the support needed.
3. OPERATION OF SOLAS MIND BOOKING SERVICES3.1
Our Services are designed to enable Clients to obtain well-being support from professional and registered Providers during the hours made available by us in the third-party scheduling system. 3.2
Clients agree that their contact with Providers will be only through the Solas Services. Providers are not permitted to ask Clients to sign up to their private practice and Clients are not allowed to ask to join the private practice of a Provider. 3.3
Clients agree to ensure that they give the correct details and contact information at the time of booking. For sessions that do not take place due to the incorrect information being provided no refunds will be given and sessions will be counted.3.4
Solas Mind adheres to the BACP/UKCP/ICF Ethical Framework for the counselling and coaching Professions.
For Providers located outside of the UK, we require such Providers comply with the equivalent ethical framework in their jurisdiction. We have also created our own Code of Practice which you can view here
Our online services are via video (face to face). You will need access to the software (Zoom,) on your computer which is free to download. Zoom conversations are encrypted. You will receive a link to your providers meeting room with your booking confirmation. You will need to ready to connect at the agreed time for your session. Sessions are 50 minutes long.3.7
Face to face private sessions are 50 minutes long, corporate times as arranged and where possible they will take place on the same time and day of the week and the confirmed location.3.8
Payment of fees:
(a) Business Partners /Corporate Clients - When you purchase a package of mental health support services for a fixed number of sessions, Solas Mind will then send your organisation an invoice at the time of purchase. Payment is due in full prior to the commencement of any services.
(b) Online self funding clients - payment is due at time of booking
(c) In person self funding clients - payment at the end of each session by cash or cheque. If booked online payment is due at time of booking
4. Cancellation and Termination4.1
If you wish to cancel your support sessions or your place on a training course with Solas Mind, you can do so at any time by sending an email to email@example.com. If you are a client and have a last-minute cancellation you can reply to your booking confirmation.
(a) In person support - if you are unable to attend your appointment please let us know as soon as possible. 48 hours
’ notice is required for cancellations. Where there is less notice, or you fail to attend your appointment, the fee for that session will be incurred or the session counted if part of a corporate package. We will endeavour to give you as much advance notice as possible in terms of holidays or of any need to cancel a future appointment.In case of unforeseen situations which result in you being late, we will allow at least 20 minutes for you to turn up if you have not contacted us. When you arrive, the session will end at the normal time and you will be charged the full fee.
(b) Online support - if you are unable to attend your appointment 24 hours
’ notice is required. Where there is less notice, or you fail to attend your appointment, the fee for that session will be incurred or the session will be counted if no fee is paid as part of a workplace scheme.
(c) Training (course,workshops,talks):
We understand the nature of the creative industries and the freelance world; however, we subsidise our courses and our training is always oversubscribed.
Subsidies / Grants
If you are in receipt of a subsidy this is an arrangement strictly between yourself and your funding source. Whilst we are happy to provide confirmation of course booking or any other material required by the funder, the responsibility of payment lies with you.
Solas Mind reserves the right to cancel or postpone a course if deemed necessary or to change course tutors.Our training cancellation policy is as follows: -
Cancelling 2 weeks or over – full refund
Cancelling less than 2 weeks – 50% refund
Cancelling less than 2 weeks – 50% refund4.2
We have the right to terminate our work with any client and restrict access to our booking system if we receive complaints about that user, or for any other reason at our discretion.4.3
If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may:
(a) temporarily suspend your access to our Services.
(b) permanently stop you from accessing our Services.
(c) notify the Business that is funding support
(d) commence legal action against you
5.1 Our Website contains content which is owned by or licensed to us (the “Content”).This Content includes, but is not limited to, the Solas Mind name which is a registered trademark, the Website, Provider and Client hubs, any information on our Website or provided by us, and our processes, design, layout, appearance,marketing, and graphics.
5.2 You are granted a revocable licence to use our Services, Website, and the Content subject to the restrictions described in these Terms. This means that you have access to the Content, but none of the Content belongs to you.
6. Licence to use our Site and Service
6.1 You may: (a) view pages from our Website in a web browser, and (b) print pages from our Website for personal use being mindful of the below described restrictions.
6.2 You must not edit or delete any material from our Website or Services.
6.3 You must not:
(a) republish material from our Website or Services, except in the case of social media posts such as Facebook, Twitter, Instagram, and LinkedIn, in which case you are permitted to repost, retweet, republish our posts to promote Solas Mind as long as you credit us when not directly reposting;
(b) sell, copy, redistribute, pass off Solas Mind material as your own from our Website, Services or support hubs;
(c) show, send, or copy any material from our hubs to the public; or
(d) exploit any material on our Website, in hubs, or intraining documents for a commercial purpose.
6.4 We reserve the right to restrict access to areas of our Website or Solas Mind Services in our sole discretion.
7. Acceptable use
7.1 Solas Mind exists to help Clients get access to well-being support in the form of mental health information, counselling, and coaching. So that we can continue offering our Services, you must not disrupt our Website or Services in any way.
Prohibited examples include:
(a) trying to edit or modify our Website and/or booking system;
(b) using our Website or Services in any way that is unlawful – see our Client Terms & Conditions;
(c) creating fake accounts or impersonating any real or fictitious user in order to access our Website or Services;
(d) using our Website or Services to collect data on our processes or Providers;
(e) using our Website or Services to access support for personal gain or to garner information and not for genuine help; or
(f) share details of booking links or voucher codes with individuals who are not part of a Business and not eligible for well-being support.
7.2 So we can offer you safe and appropriate support, you must ensure all the information you supply to us through our Services is true and accurate. When you book a support session,make sure you provide your correct email address, contact details, and complete the intake form. If you have made an error, contact us at firstname.lastname@example.org
8. Use on behalf of a partner organisation (the Business)
If you represent a Business, then by clicking to accept the Terms of Service you agree to bind both yourself and the Business, or other legal entity that operates that Business, to these Terms.
9. The Solas Mind Services
9.1 Provider-Client Relationship
Providers agree to maintain the ethics and standards of behaviour established by the regulatory body that they adhere to. It is recommended that the Client review the applicable Code of Ethics. The Client can do this by asking their Provider which regulatory body they adhere to (this is likely to be UKCP, ICF, BACP or otherwise).
The Client understands that to enhance the relationship, the Client agrees to communicate honestly, be open to feedback, and do any work suggested between sessions to maximise effectiveness.
Client acknowledges that they may terminate or discontinue the support sessions at any time. The parties agree to engage online when a session is scheduled by the Client. The sessions are 50 minutes in length, unless otherwise agreed between the Client and the Provider.
Social Media: Providers do not accept friend or contact requests from current or former clients on any social networking site in order to protect your confidentiality and to keep the boundaries of the professional relationship.
Providers determine their own availability. The Client will initiate all bookings with Providers through our online booking system by clicking their Business link or by visiting the Solas Mind Website. The Client takes responsibility for attending the session at their chosen time.
The Provider-Client relationship, as well as all information the Client shares as part of this relationship, is governed by the principles of confidentiality set forth in the Provider’s relevant Code of Ethics (BACP,UKCP, ICF, etc.).
Please be aware that the Provider-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and as such is subject to the protection of any legally recognised privilege. The Provider agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Provider will not disclose the Client’s name to anyone, including any Business funding the sessions, without the Client’s consent.
However, there are limits to confidentiality. Please see our Code of Practice
Other limitations may include confidential information that:(a) was in the Provider’s possession prior to establishing the Provider-Client relationship; (b) is known to the public or in the industry; (c) is obtained via a third party who does not owe Client a duty of confidentiality; (d) is disclosed to the Provider and as a result of such disclosure the Provider believes there is an imminent risk of danger or harm to the Client or others;and (e) involves illegal activity including money laundering, terrorism or child abuse. Solas Mind reserves the right to resist legal requests or produce records in court unless the Provider is required by statute, a lawfully issued subpoena, or a court order to disclose any confidential information.
9.5 Provider Qualifications
All Solas Mind Providers are members of the BACP, UKCP, NCS,HCPC, ICF or equivalent organisation and have a minimum of 200 + hours’ client experience. All the Solas Mind Providers are hand selected after a rigorous five step process and all have valid professional registrations and / or certifications, as well as necessary qualifications, references, and credentials. Further, all Solas Mind Providers are required to carry their own professional indemnity insurance, have an up-to-date Disclosure and Barring Service (DBS) check (or similar background check for non-UK Providers), and are registered with the ICO (or similar body) to protect your data.
All our Providers have regular supervision in line with the requirements of their membership body. They are all offered regular CPD courses to enhance their knowledge and maintain our standards.
9.6 Support Service Only
Solas Mind is not itself a provider of medical services;
we provide well-being support packages and content and facilitate an introduction of clients to providers so they can access support sessions with third party contractors (our Providers). We allow individuals and Business employees and freelancers/contractors to easily access well-being support via our scheduling service, and we interview, review, and supervise our team of Providers (as explained in 9.4) to provide those well-being support services.
10. LIMITATIONS OF OUR SERVICES 10.1
Solas Mind is not
responsible for the individual support received by Clients through our Website and Services from our team of Providers.
Despite our safeguarding procedures and our stringent application process as described in 9.4, some of the content provided by our Services, in our support hubs, or given to individual Clients by Providers, may be incorrect, or inappropriate for a particular Client.
All our Providers are professional practitioners who aim to offer a non-judgemental,safe space, but the nature of the work is very individual and as such not every suggestion, offer of guidance, or, if needed, intervention, will resonate with the individual Client.
Just because a Provider is on our team does not mean they are necessarily a right fit for you, nor do we endorse the guidance, support,or interventions made by a Provider to a specific individual although we are confident in our Providers’ professionalism and qualifications.
Our Services are set up to give our Clients autonomy to select which Providers they wish to see. As such, if a Provider is not a good fit, Clients are able to select an alternative Provider from our team.
What the Provider says may not resolve all or any of an individual’s problems - well-being support is not a quick fix and ongoing support may be needed above what has been funded by a Business. We can continue to support individuals or signpost elsewhere if we feel our services are not appropriate or affordable. 10.2
Solas Mind is not responsible for any action that an individual takes or does not take, or a decision made because of information given through our Services. What individuals choose to do is their choice. We are at the heart a person-centred practice and so we do not advise or steer, we merely provide a safe space for an individual to explore and find their way. Your reliance on any information given is at your own risk.
Solas Mind and our Providers can’t promise or guarantee a positive outcome. Results can vary from individual to individual.
Material and information in our support hubs may not be appropriate for every individual. Likewise, information given by a Provider may not be appropriate for every individual. Individuals should contact their GP ,doctor, or other medical professional if they need further support outside of the counselling/coaching space.10.3
The Client is solely responsible for deciding and implementing their own physical, mental, and emotional well-being, decisions, choices, and actions arising out of the counselling/coaching relationship. As such, the Client agrees that the Provider is not and will not be liable or responsible for any decisions or action taken,nor for any direct or indirect result of any services provided by the Provider. The Client understands that booking in with a Provider and receiving coaching is not therapy and does not substitute for a therapist-client relationship. 10.4
The Client acknowledges that well-being support: counselling/coaching does not involve the diagnosis of mental disorders or recommendations for medication. It is the Client’s responsibility to seek such independent professional guidance as needed.
If a Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the Provider and we will signpost where appropriate to a specialist if we feel we cannot support the Client safely and ethically. 10.5
If you are unable to get an appointment with a Provider or there is an emergency outside our Providers ’available hours, then please do not hesitate to seek emergency support. Our Service is neither a crisis service nor a helpline. We are not responsible if a session is not available and make no assertions that you will be able to seek support whenever you need it. However, we will always strive to support you,when possible, but make no guarantees of this.
We are not obligated to make Services available to you as and when needed. 10.6
You are advised to exercise self-care when using our Services. You understand and agree that you are aware that the Services offered by Solas Mind are online only and may not be as effective as face-to-face sessions on some occasions. You should never depend upon or make health choices, life choices, or any decisions purely based on your use of our Services. 10.7
Our Providers are trained to assess risks and understand what to do if thoughts of suicide are disclosed or situations of immediate danger emerge within a session. However, Solas Mind is not a crisis service and online support is not suitable nor safe in a crisis .You should reach out to a GP, doctor, or a suicide-prevention helpline or emergency services as needed. You should never delay obtaining medical advice from your doctor or another qualified healthcare professional as appropriate or avoid or delay seeking face to face support because of any information given or assumed by your use of our Services. 10.8
You accept and agree that Solas Mind provides a well-being support service which links individuals to providers and allows them to easily book appointments via our third-party scheduling app.
Providers are not employees of Solas Mind but are independent, vetted, third party contractors or consultants. Solas Mind is not a party to any services provided by Providers to individuals or any legal relationship created between you and a Provider because of your use of the Solas Mind Services 10.9
The Client acknowledges that there are certain issues people face that are too broad and complex to work on during an online support session and specialist mental health support (e.g.,psychiatrists, psychologists, GPs, etc.) may be better suited and more appropriate in these circumstances. 10.10
Solas Mind is only for Clients aged 18 and over and our online service is not suitable for Clients who find themselves in a crisis, are having thoughts of suicide, or Clients who are suffering from acute mental distress including psychiatric disorders. If you need emergency support, please contact the relevant emergency services in your area. 10.11
Solas Mind reserves the right to choose whether to work with you. Our Providers have the same right. If we, or our Providers, feel you may need additional support above what we can offer, any services may be terminated, and we may refer you to a more appropriate provider (but have no obligation to do so. Our Providers have the right to refuse to work with individuals who they feel are a threat to their physical, psychological, or emotional safety, are under the influence of drugs/alcohol or who become disruptive during a session.
We are not in the position to write reports on progress made in counselling by way of request from external agencies, for e.g. Social Services or NHS. We provide a duty of confidentiality to our clients. Solas Mind provide this online well-being support and are unable to fully assess or verify certain needs.10.13
Solas Mind reserves the right to resist legal requests to produce records in court. We do this in order to protect our duty of confidentiality to all clients.
We are unable to provide records or information for legal proceedings when asked by clients, their solicitors, the police and the courts unless a Subpoena ordered by a UK court is ordered. We do not take detailed notes, record sessions or hold any information other than contact details received at the time of booking.10.14
We do not hold any liability for technological glitches that can take place with online sessions. However, any glitch or mishap on our part will not be at the client’s loss - clients will receive all of the session time which they have paid for.10.15
Technology is not always secure. You accept the risks to confidentiality related to the use of email, text, phone, Zoom and other similar technology.10.16
You agree that your participation in Solas support is only for your personal therapeutic benefit and your participation will not be shared for any other reason or in any form. You agree not to record or tape sessions.
11. LIMITATION OF LIABILITY 11.1
Except as elsewhere provided in these Terms, Solas Mind and our Providers make no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the support services supplied to Clients. In no event shall Providers be liable to the Clients for any damages - indirect or consequential.
Our Providers focus on wellness guidance and support only
We are a UK-based company, as such the laws of England and Wales apply. Solas Mind will not be liable to you or to any other person or entity for any losses, costs, or damages caused by, attributable to, or in connection with the performance, non-performance, or delayed performance of any services provided to you by us or our Providers.
For all international clients all services are undertaken in accordance with the laws of the practitioner’s own country and any disputes with a practitioner will be subject to that country’s law. 11.2
There are responsibilities we acknowledge that, by law, we aren’t allowed to exclude, including our legal responsibility for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. However, apart from the legal responsibilities mentioned above, we shall not be legally liable to any Clients or Businesses for any loss or damage suffered through the use of our Website or Services. .11.3
All legal obligations which may be implied or incorporated into these Terms by law or regulation are expressly excluded to the extent permitted by law. If any limitation or exclusion of liability in these Terms is not enforceable, then we shall not be liable to you for more than the amount actually paid by the Client or Business (as applicable) to Solas Mind under these Terms for all Services rendered through and including the termination date.11.4
Each party to this agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.12 LIABILITY WAIVER
This liability waiver relates to all Solas Mind sessions, whether online or in person, as well when you attend any training, events, talks, or other services provided by Solas Mind. By using our services, you agree to the following:
(a) You agree that you are at least 18 years old.
(b) Solas Mind’s website, booking application, and services are not offered as a substitute for clinical mental health services or medical care. Our Providers focus on wellness guidance and support only.
(c) You agree that you are not experiencing a suicidal crisis and are not at risk of harming yourself or anyone else..You understand that online well-being support is not suitable if you are having thoughts of suicide
(d) In case of emergency, you authorize us to contact your emergency contact(s) provided when you booked our services.
(e) You agree that online services may not be as effective for all individuals. Thus, Solas Mind reserves the right to choose whether or not to work with you online and our Providers have the same right. If we, or our Providers, feel you may need additional support above what we can offer,any services may be terminated, and we may refer you to a more appropriate provider (but have no obligation to do so).
(f) You understand that, after booking a session it is your responsibility to be online and available at the start of your appointment slot.
(g) You accept and agree that Solas Mind provides a digital Platform only which introduces clients to providers. Providers are not employed by Solas Mind and are independent third party contractors or consultants. Solas Mind is not a party to any services provided by providers or any legal relationship created between a client and a provider having been introduced via our digital platform
(h) Solas Mind and our Providers can’t promise or guarantee a positive outcome. Results can vary from individual to individual.
(i) You agree that your participation in online support is only for your personal benefit and your participation will not be shared for any other reason or in any form.
(j) You agree not to record or tape sessions.
(k) You agree that if you are disconnected during a session or do not hear from your provider that you will email as soon as possible and also check your inbox for correspondence from your Provider
(l)You understand that we do not hold any liability for technological glitches that can take place with online sessions. However, any glitch or mishap on our part will not be at the client’s loss - clients will receive all of the session time which they have booked.
(m) Technology is not always secure. You accept the risks to confidentiality related to the use of email, text, phone, Skype, Zoom and other similar technology
(n) We are not in the position to write reports if requested by external agencies, for e.g. Social Services or NHS.
(o) You understand the limits to confidentiality at clause 9.4
(p) We are unable to provide records or information for legal proceedings when asked by clients, their solicitors, the police and the courts unless a Subpoena ordered by a UK court is ordered. We do not take detailed notes, record sessions or hold any information other than contact details received at the time of booking.
(q) For all international clients all services are undertaken in accordance with the laws of the practitioner’s own country and any disputes related to the practitioner will be subject to that country’s law.
(r) We are a UK-based company, as such any contractual disputes will be subject to the laws of England and Wales.
Each party irrevocably submits to the jurisdiction of the English courts.
(s) You understand the limits of liability. at clause 11.
13 THIRD PARTY WEBSITES
OurWebsite or support hubs may include links to other websites owned and operated by third parties that we support and champion. We have no responsibility for the content of such third-party websites. 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.
14. GENERAL TERMS
If any portion of these Terms are held to be illegal or unenforceable, those (but only those) provisions shall be deemed to be deleted and the rest of the Terms shall remain in full force and effect. 14.2
These Terms reflect the entire agreement between Solas Mind Ltd or Solas Mind International Ltd and the User and reflect a complete understanding of the parties with respect to the subject matter. These Terms supersede all prior written and oral representations. 14.3
These Terms may be amended or supplemented at any time. Any changes will be updated on our Website and Clients and Businesses will be notified when booking or using our Services. 14.4
If a dispute arises out of these Terms that cannot be resolved by mutual consent, the Client, Business, Solas Mind, and the Provider agree to attempt to mediate in good faith for upto 30 days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover legal fees and court costs from the other party 14.5
You may not assign, transfer,or subcontract any of your rights under these Terms without our prior written consent. We may assign, transfer, or sub-contract all or any of our rights at any time without your consent. 14.6
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act of 1999 to enforce any provision in these Terms. 14.7
A failure or delay in exercising any right, power, or privilege in respect of these Terms will not operate as a waiver, and a single or partial exercise of any right will not be presumed to preclude any subsequent or further exercise of that right.
No waiver shall be effective unless in writing. 14.8
These Terms shall be governed and construed in accordance with the laws of England and Wales without giving effect to any conflicts of law’s provisions. The parties submit to the exclusive jurisdiction of the English courts. 14.9
These Terms shall be binding upon the parties hereto and their respective successors. By scheduling a well-being support session or training session through our Website or Services, you are deemed to have accepted these Terms. 14.10
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to email@example.com
, if by email, or to our registered office address if by conventional mail. We also welcome any comments or questions at firstname.lastname@example.org