1. Solas Mind Terms and Conditions of Service DEFINITIONS
“The Client” — The individual attending a counselling or coaching session
“The Business” — The employer providing Solas Support as a benefit to its employees (“Clients”)
“The Team” — The individual counsellors / coaches providing well-being Services via Solas Mind.
“Solas” — the organisation in relationship with The Business to provide the Counsellor/Coach and well-being Services.
1.1 Please read these terms (the “Terms”) carefully as they govern your use Solas Mind. In these Terms, you will be referred to as “you” or as a “client”.
1.4 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 well-being services. If you do not agree to the changes made to the Terms, then you have the right to 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.
DESCRIPTION OF COUNSELLING / COACHING
Counselling or Coaching is a therapeutic relationship, an alliance (not a legal business partnership) between a Counsellor/Coach and a Client. It is a safe, non-judgemental and at times thought-provoking space to support an individual’s well-being and maximize personal and professional wellness and potential.
2. OPERATION OF SOLAS MIND BOOKING SERVICES
2.1 The Service is designed to enable clients to obtain mental health support from professional and registered Counsellors/Coaches during the hours made available by us in the third-party scheduling system.
2.2 Clients agree that their contact with the Team will be only through the Solas Service. The Team are not permitted to ask users to sign up to their private practice and clients are not allowed to ask to join the private practice of a member of the Team. Unless this has been agreed by the Solas CEO in writing.
2.3 Solas Mind adheres to the BACP/UKCP/ICF Ethical Framework for the Counselling/Coaching Professions. We have also created our own Code of Practice which you can view here.3. Your compliance with these Terms
3.1 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 firstname.lastname@example.org. If you are a client and have a last-minute cancellation you can reply to your booking confirmation. Please see our cancellation terms and conditions on our website for both training and counselling.
3.2 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.
3.3 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 you4. Copyright
4.1 This Solas Service contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, our name which is a registered trademarked, website, counsellor and client hubs, the information, our processes, design, layout, appearance, marketing, and graphics.
4.2 You are granted a licence to use the Service, Website, and its 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.5. Licence to use the Solas Service
5.1 You may:
(a) view pages from our Service in a web browser.
(b) print pages from our Service for personal use being mindful of the below restrictions:
5.2 You must not edit or delete any material from our Service.
5.3 You must not:
(a) republish material from our Solas Service, 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 Solas posts to promote Solas Mind. Crediting us when not directly reposting.
(b) sell, copy, pass off Solas Mind material, processes, from our Service or Hubs
(c) show, send, copy any material from our Hubs to the public.
(d) exploit any of our material on the website, in hubs or in training documents for a commercial purpose; or
(e) redistribute, take, copy material from our Services including our Support Hubs.
5.5 We reserve the right to restrict access to areas of our Solas Mind Service.6. Acceptable use
6.1 Solas Mind exists to help clients/individuals get access to well-being support in the form of mental health information, counselling, and coaching.
So that we can offer that service, you must not disrupt our Service in any way. Prohibited examples include:
(a) trying to edit or modify the Service and/or booking system
(b) using our Service in any way that is unlawful – see client Terms & Conditions;
(c) creating fake accounts or impersonating any real or fictitious user to access the Service.
(d) using our Service to collect data on our processes or counsellors
(e) using our service to access support for personal gain or to garner information and not for genuine help(f)share details of booking links or voucher codes with individuals who are not part of The Business and not eligible for well-being support 6.2 So that we can offer you safe and appropriate support, you must ensure that all the information you supply to us through our Service is true and accurate. When you book a support session, make sure you provide the correct email address and contact details and complete the intake form. If you have made an error, contact us at email@example.com. Use on behalf of a partner organisation (the Business)
7.1 If you use our Service as part of a support package offered buy a Business, then by so doing you bind both yourself and the company or other legal entity that operates that business to these Terms, and in these circumstances references to "you" in these Terms are to both the individual user and the relevant Business or legal entity.8. The Solas Support Service
8.1 Coach/Counsellor and Client Relationship
The Solas counsellor/coach agrees to maintain the ethics and standards of behaviour established by the regulatory body that they adhere to. It is recommended that the Client review those specific Code of Ethics.The Client can do this by asking the Team member which regulatory body they adhere to. (This is likely to be UKCP, ICF, BACP or otherwise).
8.2. 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.
8.3. Client acknowledges that they may terminate or discontinue the support sessions at any time.
8.4. The parties agree to engage in a counselling/coaching relationship online when a session is scheduled by the client. The sessions are 50 minutes unless otherwise agreed.
The availability will be determined by the Team and the Client will initiate all bookings with the Counsellor / Coach through the online booking system by clicking their Company link or via the Solas Mind website. The Client takes responsibility for attending the session at their chosen time.
This coaching/counselling relationship, as well as all information that the Client shares as part of this relationship, is bound by the principles of confidentiality set forth in the Team members relevant Code of Ethics (BACP, UKCP, ICF etc.).However, please be aware that the Counsellor/Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and as such are not subject to the protection of any legally recognised privilege. The Counsellor/Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Counsellor/Coach will not disclose the Client’s name to anyone including the Business funding the sessions without the Client’s consent. There are limits to confidentiality see our code of practice.
Other limitations include: confidential information that: (a) was in the Teams possession prior to the support; (b) is known to the public or in the industry; (c) is obtained via a third party; (d);Solas Mind reserves the right to resist legal requests or produce records in court unless the Team member is required by statute, a lawfully issued subpoena, or a court order to disclose; (e) is disclosed to the Counsellor/Coach and as a result of such disclosure the Team member believes there is an imminent risk of danger or harm to the Client or others; and (g) involves illegal activity including money laundering or terrorism.
8.7 All Solas Mind counsellors are registered members of the BACP, UKCP, NCS, HCPC or equivalent and have a minimum of 200 + hours’ client experience. All the Solas Mind team are hand selected after a rigorous five step process and all have a valid registration, qualifications, certification, references, and credentials. Further, all the Solas Mind Team of counsellors/coaches have professional indemnity insurance and an up-to-date Disclosure and Barring Service (DBS) check and are registered with the ICO to protect your data.
All our counsellors and coaching team 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.
8.8 Solas Mind is not itself a provider of medical services; we provide wellbeing support packages and content and facilitate support sessions with third party contractors (counsellors/coaches). We allow individuals and the Business employees/freelancers to easily access well-being support via our scheduling service, and we interview, review, supervise our team of Counsellors/Coaches (as explained in 8.7) to provide those mental health services. 9. Limitations of the Solas Support Service
9.1 Solas Mind is not responsible for the individual support received by clients through the Service from our team of counsellors/coaches. Despite our safeguarding procedures and our stringent application process as described in 8.7, some of the content provided by our Services, in our Hubs or given to individual service users by Counsellors, may be incorrect, or inappropriate for a particular client. All our counsellors/coaches 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, or offer of guidance or if needed intervention, will resonate with the individual user. Just because a Counsellor is on our team does not mean that they are necessarily a right fit for you, nor do we endorse the guidance, support or interventions made by a Counsellor to a specific individual although we are confident in our counsellors/coaches’ professionalism and qualifications.
Our service is set up to give our clients autonomy to select who they wish to see - as such if a counsellor or coach is not a good fit clients are able to select an alternative practitioner from the team.
Counselling/coaching is not a quick fix and ongoing support may be needed above that funded by a Business. We will always continue to support individuals or signpost elsewhere if we feel our services are not appropriate or affordable.
(b) 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 service. What individuals choose to do is their choice. We are at the heart a person-centred practice so will not advise or steer merely provide a safe space for an individual to explore and find their way. Your reliance on any information if given is at your own risk. Material and information in the Hubs may not be appropriate for an individual. Likewise, information, given by a Counsellor/Coach may not be appropriate. Individuals should contact their GP or other medical professional if they need further support outside of the counselling/coaching space.
(c) The Client is solely responsible for deciding and implementing his/her own physical, mental, and emotional well-being, decisions, choices, actions arising out of the counselling/coaching relationship. As such, the Client agrees that the Team member (counsellor/coach) 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 Solas Team member. The Client understands that if booking in with a Coach and receiving coaching this is not therapy and does not substitute for a counselling relationship.
(d) The Client acknowledges that 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 Solas Mind Team member and we will signpost where appropriate to a specialist if we feel we cannot support the client safely and ethically. It is not recommended to have support with the Solas Team if you already have an active relationship with another counsellor/coach.
9.2 If you are unable to get an appointment with one of the Team or there is an emergency outside hours then please do not hesitate to seek emergency support. Online counselling/coaching and 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.
9.3 You are advised to exercise self-care when using our Service. You understand and agree that you are aware that the services offered by Solas Mind are online 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 the services.
9.4 It is not uncommon for conversations to arise about suicide. The Team are trained to assess risk and understand what to do if thoughts of suicide are disclosed or situations of immediate danger emerge within a session, however, Solas Support is not a crisis service and online support is not suitable nor safe in a crisis. You should reach out to a GP, 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.
9.5 You accept and agree that Solas Mind provides a support service which links individuals to Counsellors/Coaches and allows them to easily book appointments via our Third-Party Scheduling app. Counsellors are not employees of Solas Mind but independent, vetted, third party contractors or consultants. Solas Mind is not a party to any services provided by Counsellors/Coaches to individuals or any legal relationship created between you and aTeam member because of your use of the Solas Mind Support Services.
9.6 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, may be better suited and more appropriate in these circumstances.
9.7 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 emergency services.
9..8 The team maintain the right to refuse support to 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.10. Limitation of Liability
10.1 Except as provided in this Agreement, the Counsellor/Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Solas support services supplied. In no event shall the Team member be liable to the Client for any damages - indirect or consequential. 10.2 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,
10.3. However, apart from the legal responsibilities mentioned in 10.2, we shall not be legally liable to clients for any loss or damage suffered.
10.4 All legal obligations which may be implied or incorporated into the Terms by law or regulation are expressly excluded to the extent permitted by law.
10.5 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 the amount actually paid by the Client to Solas Mind or the Counsellor/Coach under this Agreement for all services rendered through and including the termination date. 11. Third party websites
11.1 Our Website or 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.
11.2 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.12. General Terms
12.1 If any of the 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.
12.2 The Terms reflects the entire agreement between Solas and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.The Agreement 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.
12.3 If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client, the Business, Solas and the Team member agree to attempt to mediate in good faith for up to (a certain amount of time such as 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.
12.4 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
12.5 You may not assign, transfer, or subcontract 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.
12.6 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.
12.7 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver to prevent us or you from acting upon any continuing or subsequent breach or default.
12.8 This Agreement shall be governed and construed in accordance with the laws of the England and Wales without giving effect to any conflicts of law’s provisions. The parties submit to the exclusive jurisdiction of the English courts. 12.9 This Agreement shall be binding upon the parties hereto and their respective successorsBy scheduling a Solas Session of coaching, counselling, training - you are hereto entering into this agreement between Counsellor/Coach and Client.