The following Healthy Mind Online Terms & Conditions (the “Platform Terms”) apply to the access and use by any person ("User" or "you") of the Healthy Mind Online platform, which is an online platform through which advice from counsellors, therapists, psychologists and psychiatrists (“Specialists”) is provided to clients (“Clients”), together with other related educational information (collectively the "Platform"). Specialists and Clients are both Users.
The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website www.healthymindonline.com.
Without derogating from the above, the Platform may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.
By accessing, using the Platform, or by clicking a button/box indicating you have read, and agree to, the Platform Terms, you are entering into this Agreement. You should read these Platform Terms carefully before starting to use the Platform. If you do not agree to be bound to any term of the Platform Terms, you must refrain from signing up to the Platform, must stop making any use of the Platform, and should not access the Platform.
References to "we", "us" or "our" used in these Platform Terms, they refer to any company that owns and operates the Platform (the "Company" or “HMO”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
These Platform Terms and the Privacy Policy constitute the entire agreement (“Agreement”) between HMO and the User. By agreeing to these Platform Terms, you are also agreeing to the Privacy Policy which can be found at https://www.healthymindonline.com/privacy-policy, which is incorporated into and deemed a part of the Platform Terms.
1. Specialists & Specialist Services
The Platform enables Clients to communicate with Specialists for the purpose of obtaining counselling, information, advice or any other input, benefit or service (collectively "Services").
Specialists are not our employees, agents, or representatives. We assume no responsibility for any act, omission or doing of any Specialist. We make no representation or warranty whatsoever as to the willingness or ability of a Specialist to give advice. We make no representation or warranty whatsoever as to whether you will find the Specialist Services relevant, useful, correct, satisfactory or suitable to your needs. We do not control the quality of the Specialist Services and we do not determine whether any Specialist is qualified to provide any specific service as well as whether a Specialist is categorised correctly or matched correctly to Client.
While we may try to do so from time to time, in our sole discretion, Client acknowledges that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licence, certification, credentials, competence or background of any Specialist. It is Client’s responsibility to conduct independent verification regarding any Specialist that provides Client with Specialist Services (whether through the Platform or not) and we strongly recommend that Client conducts this verification prior to communicating with any Specialist through the Platform and on a continuous basis as Client uses the Platform.
Client’s relationship relating to the Specialist Services is strictly with the Specialist. We are not involved in any way with the actual substance of that relationship or any part of the Specialist Service (whether provided through the Platform or not), and do not validate or involved in any of the Specialist Services.
Should Client make payments via the Platform, or make payments to us, these are made to the Specialist, for the Specialist Services. We may charge the Specialist by taking a portion of this payment for the use and operation of the Platform ("Platform Use Fees"). However, we will not be deemed as the Specialist of any Specialist Services regardless of payment. Furthermore, the payment for the use of the Platform is made by the Specialist and not by the Client.
2. Platform Use
The Client agrees, confirms and acknowledges that although the Specialist may provide the Specialist Services through the Platform, we cannot assess whether the use of the Specialist, the Specialist Services or the Platform is right and suitable for Client’s needs.
THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US.
As operators of the Platform, our role is strictly limited to facilitating the communication between the Client and the Specialist and to enable the provision of the Specialist Services. It is up to the Client to consider and decide whether these services are appropriate for the Client.
The Client agrees, confirms and acknowledges that the Client is aware of that the Specialist Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. The Client should never solely rely on or make health or well-being decisions which are primarily based on information provided as part of the Specialist Services. Further, we strongly recommend that Client considers seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from Client’s doctor or other qualified healthcare Specialist, by face-to-face appointment, because of information or advice the Client received through the Platform.
THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND THE CLIENT SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
The Client is advised to exercise a high level of care and caution in the use of the Platform and the Specialist services.
IF THE CLIENT IS THINKING ABOUT SUICIDE OR IS CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO HIM/HER OR TO OTHERS OR IF THE CLIENT FEELS THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF THE CLIENT HAS ANY MEDICAL EMERGENCY, THE CLIENT MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (995, 6389-2222 - IMH 24 HR, 1800-221-4444 - SOS 24 HR IN SINGAPORE) AND NOTIFY THE RELEVANT AUTHORITIES. THE CLIENT ACKNOWLEDGES, CONFIRMS AND AGREES THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT THE CLIENT MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. The Client confirms and acknowledges that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
All de-identified data, meta-data and research data collected by the Platform through the use of the Services remains the sole property of the platform. The platform may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify the User personally. The User shall not request that the platform remove or delete any of such data.
3. Disclaimer of Warranty
THE CLIENT HEREBY RELEASES US AND AGREES TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SPECIALIST SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER SPECIALIST IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
THE CLIENT AGREES, CONFIRMS AND ACKNOWLEDGES THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY SPECIALIST; (B) ANY INFORMATION ABOUT ANY SPECIALIST INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY SPECIALIST; (C) THE SPECIALIST SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A SPECIALIST; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE SPECIALIST SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY QUALITY OR APPLICABILITY OF THE PLATFORM AND THE SPECIALIST SERVICES.
THE CLIENT AGREES, CONFIRMS AND ACKNOWLEDGES THAT THE PLATFORM IS PROVIDED "AS IS" AND THEREFORE THE CLIENT WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
ANY CONSULTATION WITH A SPECIALIST VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. THE CLIENT IS ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE SPECIALISTS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE CLIENT’S FULL AND SOLE RISK AND LIABILITY.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE SPECIALISTS OR THE SPECIALIST SERVICES.
In the event of a dispute regarding any transaction conducted via the Platform, the Client hereby relieves us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and solicitor fees, which the Client may have against one or more of the above.
4. Limitation of Liability
THE CLIENT AGREES, CONFIRMS AND ACKNOWLEDGES THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
THE CLIENT FURTHER AGREES, CONFIRMS AND ACKNOWLEDGES THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY THE CLIENT THROUGH THE PLATFORM IN THE THREE (3) MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A SPECIALIST, WHETHER RELATING TO THE SPECIALIST SERVICES OR NOT, IN CONNECTION WITH THE CLIENT’S PAYMENT FOR THE SPECIALIST SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
5. User Account, User Representations & Warranties
User hereby confirms and agrees that:
User agrees, confirms and acknowledges that User is responsible for maintaining the confidentiality of User’s password and any other security information related to User account (collectively "Account Access"). We advise User to change User’s password frequently and to take extra care in safeguarding User’s password.
User agrees to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of User’s account security.
User agrees, confirms and acknowledges that we will not be liable for any loss or damage that incurred due to a third party using User’s account, either with or without User’s consent and/or knowledge.
User agrees, confirms and acknowledges that User is solely and fully liable and responsible for all activities that are made by using User’s Account Access. User further acknowledges and agrees that we will hold User liable and responsible for any damage or loss incurred as a result of the use of User’s Account Access by any person whether authorised by you or not, and User agree to indemnify us for any such damage or loss.
User agrees and commits not to use the account or Account Access of any other person for any reason.
Client agrees and confirms that Client’s use of the Platform, including the Specialist Services, are for Client’s own personal use only and that Client is not using neither the Platform nor the Specialist Services for or behalf of any other person or organisation.
Specialist will not provide any Specialist Services or advise to any Client unless the Specialist is a professional in good standing in the relevant field of expertise and he/she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility.
At all times the Specialist will provide correct and accurate representation of his/her skills, degrees, qualifications, background and other information, whether this information is provided to us, the Client and on any form submitted to or presented on the Platform. The Specialist will also provide the same correct and accurate representation of his/her skills, degrees, qualifications, background and other information to the Clients, including but not limited to, in any kind of communicating or providing Specialist Services to Clients.
The Specialist will not mislead Clients to believe that he/she can provide a service which is outside his/her fields of expertise and will not misrepresent himself/herself or create any misleading name or listing.
The Specialist shall not perform any Specialist Services and or other services or offer any advice in any jurisdiction where the Specialist is not authorised or licensed or in good standing to do so.
The Specialist will maintain his/her skills, qualifications, eligibility, and other information and requirements, including maintaining his/her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Specialist practices his/her profession.
We may review the Specialist's personal profile and amend any typing or spelling errors. We cannot and will not verify or examine the truthfulness or accuracy of the details in the Specialist’s personal profile, credentials, qualifications, or any of the Specialist's postings or transmissions. However, we may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Specialist. Without derogating from the above, we can remove any content for any reason.
The Specialist represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Specialist, including, but not limited to, applicable professional liability insurance.
User agrees and commits not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
User agrees and commits not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
User agrees and commits not to violate any applicable law, statute, regulation or ethical code in relation to your use of the Platform and User’s relationship with the Specialists and us.
If Client receives any file from us or from a Specialist, whether through the Platform or not, Client agrees to check and scan this file for any virus or malicious software prior to opening or using this file.
User will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable solicitor fees and expenses) arising out of or relating to any of the following: (a) User’s access to or use of the Platform; (b) any actions made with User’s account or Account Access whether by User or by someone else; (c) User’s violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Specialist Services) which were provided through the Platform; (e) User’s violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
6. Conduct of Specialist
When providing Specialist Services or making any other use of Platform, the Specialist must exercise a reasonable standard of care, at least the same as the Specialist would in a similar transaction not conducted through the Platform or the internet. Without derogating from the above, the Specialist must exercise the standard of care mandated by his/her profession.
The Specialist will not provide to Clients any services other than Specialist Services.
The Specialist will not provide to Clients any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Specialist’s jurisdiction.
The Specialist will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a Client or examination of a Client.
The Specialist agrees that the Specialist Services, advice and or information that he/she provides to a User, are not in any way to be considered a substitute for a face-to-face interaction between the Client and the Specialist (or any other professional).
The Specialist will provide Specialist Services only about and in respect of non-emergency matters and issues. For emergency matters and issues, the Specialist will instruct the Client to immediately call Emergency Service Number (995, 6389-2222 - IMH 24 HR, 1800-221-4444 - SOS 24 HR in Singapore) or their local emergency assistance number.
The Specialist agrees to never engage in the practice of medicine or enter into a physician/patient relationship with any Client through the Platform.
The Specialist will not prescribe or dispense medicines.
The Specialist will advise Clients whenever appropriate that his/her advice is not a substitute for the advice or treatment of a physician after physical examination.
Whenever appropriate, the Specialist will recommend Clients to seek help by meeting a qualified professional face-to-face.
The Specialist will not disclose any information that was provided to him/her by a Client and will use his/her best efforts to guard Client’s privacy, in accordance with the Privacy Policy standards and the Personal Data Protection Act 2012 of Singapore.
All contact between the Specialist, Client and any other Users or consumers who are introduced through the Platform must be conducted only through the Platform.
The Specialist may not use this Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
The Specialist will indemnify, defend and hold us harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable solicitor fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Specialist according to these Platform Terms; (b) the Specialist’s provision of the Platform Terms to any third party, regardless of whether or not they are Users of the Platform Service; or (c) any materials that the Specialist has posted to or through the Platform and/or any content provided by the Specialist to Clients.
The Specialist agrees and commits not to violate any applicable law, statute, regulation or ethical code in relation to the use of the Platform and to the Specialist's relationship with the Client, Users and us. The Specialist further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
7. Fees & Payment
Clients
Clients confirm and agree that all payment related information that the Clients provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
Clients confirm and agree to use only payment means (credit cards or others) which the Clients are duly and fully authorised to use.
Clients agree that all current and future interactions (whether online or offline) between the Client and a Specialist will be made, managed and billed through Platform.
If, for any reason, an interaction between Client and the Specialist is not made through the Platform, you agree that it will be billed through the platform and that the standard Platform Use Fees will be charged and delivered to us even if the Platform has not been used for this interaction.
Clients agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a Specialist not through the Platform or in any case that Clients are billed by a Specialist not through the Platform.
Client agrees to pay all fees and charges associated with Client’s account in a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the Client’s credit card. By providing us with Client’s credit card information, the Client authorises us to bill and charge the Client through that credit card. Clients agree to maintain valid credit card information in their Account information.
Client understands that the payment includes 15% service charge, for service provided by Healthy Mind Online.
Specialists
The Specialist will be paid for the provision of the Specialist Services to Clients.
The fees, rates, payment options and payment schedules of the payments are set in the Platform and they are set and determined exclusively by us and may be changed in our sole discretion.
The Specialist is solely responsible for reporting and paying any applicable tax related to the Specialist’s use of the Platform.
Any payment disputes or claims should be submitted within thirty (30) days of discovery of any mistake.
The Specialist agrees and commits to immediately notify us in any case that the Specialist provides any service to the Client not through the Platform or in any case that the Client is billed by the Specialist not through the Platform or in any case that the user is making a payment to the Specialist not through the Platform.
Specialist understands that the payment includes 15% service charge, for service provided by Healthy Mind Online.
8. Functionality & Features of the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
9. Notices
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to himanshu@healthymindonline.com.
10. Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the Republic of Singapore.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, shall be the Republic of Singapore. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, Users are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, Users agree to be bound by such changes to the Agreement. If Users do not agree to the changes, Users must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
For the avoidance of doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
Last Updated: 30th January 2020
