Terms And Conditions Online Therapy | Gaia Medical

Terms & Conditions - Online Therapy Services

Please read this Client Agreement before starting your therapy session

Please note: there are some terms that we use interchangeably, for example “counsellors” and “therapists” are used interchangabley, as are “clients” and “users”.

Introduction

1. Thank you for using Gaia Medical. These terms and conditions (“Terms”) pertain to the use of our online therapy services, so please read them carefully. You confirm that you have read and agree to abide by these Terms when you create an account on our platform or purchase services (as described below).

2. Within these Terms, you will be referred to as ‘you’, ‘your’ or ‘user’.

3. The ‘company’, ‘we’, ‘our’ or ‘us’, pertains to Gaia Medical Limited, the owner and operator of www.gaiamedical.co.uk and the services that are provided through it (together, the “Platform”). We are incorporated in England and Wales with registered number 12405149, whose registered address is 52 St James Gardens, Wembley, HA0 4LJ. You can contact us by email at [email protected] 

4. We may update these Terms from time to time. We will notify you of any changes by email, but you should also take it upon yourself to revisit these Terms on our website to make note of any changes.

The Gaia Medical Platform

5. WE ARE NOT A MEDICAL PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. 

6. The Platform is intended to provide you with educational content, tools, and resources on mental health, as well as give users access to mental health professionals (“Counsellors”) for online therapy (“Services”).

7. We adhere to the British Association for Counselling and Psychotherapy (BACP) Ethical Framework for the Counselling Professions. You can learn more about what that entails here.

8. You should only rely on the help and guidance provided to you by your Counsellor. You should in no way interpret the information you find on our Platform to be medical advice.

9. Our Platform and the Counsellors on our Platform are unable to provide users with medical prescriptions of any kind.

Use of the Platform

10. WE ARE NOT AN EMERGENCY SERVICE PROVIDER. IF YOU OR SOMEONE YOU KNOW REQUIRE IMMEDIATE ASSISTANCE, PLEASE DO NOT USE OUR PLATFORM. PLEASE REACH OUT TO YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

11. Our website is free to access. Please refer to our website Terms & Conditions here for appropriate website use. 

12. Before you can use our Services, you will be asked a series of questions to determine your eligibility. Our Services are not suitable for everyone, so it’s important that you answer these questions honestly. 

a. If there is any misrepresentation or false information provided, we reserve the right to remove you from our Platform and refuse all liability. 

b. If you are initially found to be ineligible for our Services, but you feel that your situation has later changed, you are welcome to answer the questions again to determine your eligibility. 

13. If you are confirmed eligible for our Services, you will be prompted to create an account on our Platform (“Account”). 

a. You must be 18 years or older to create an Account and should not be a resident of the United States or Canada.

b. You will be asked for personal information, such as your name, email address, location, etc. in order to create your Account. Please read our Privacy Policy if you have any questions about the measures we take to ensure your data is safely stored. 

c. You are responsible for creating a unique and secure password for your Account, and for keeping it stored in a safe place and not sharing it with any third parties.

14. After creating an Account, you are entitled to book an appointment with one of our Counsellors (“Appointment”) through our online booking tool. 

15. At the time of purchasing an Appointment, you are also confirming that you have read and agreed to our Client Agreement and Consent, which you can read here.

16. After purchasing an Appointment, you will receive an email confirming your purchase.

17. Users who purchase Appointments with our Counsellors agree to not contact the Counsellors outside of the Platform for the purpose of seeing them in their private practice. 

Counsellors

18. All Counsellors on our Platform are contractors and are not employed by Gaia Medical. 

19. Counsellors have a minimum three-year degree in their required field and have at least 200 hours working with clients beyond their basic training.

20. All Counsellors are registered with the BACP and are subject to the Code of Ethics and Conduct of the BACP, which ensures their professional qualifications and licenses are valid. They have also provided proof of a recent Disclosure and Barring Service (DBS) check.

21. All Counsellors actively maintain professional indemnity insurance as is legally required by the governing laws of the United Kingdom and the BACP.

Services

22. Appointments with Counsellors are 50-minutes long.

23. Counsellors rely on the information that you share with them. The help and guidance they provide to you through the Platform will be based on that information (either through the information you provide during sign up, your Appointment, or any assessments).

23. During your first Appointment, your Counsellor will ask you questions about your life and conduct an assessment to determine if they are the right person to help you. At the end of the session, they will let you know if they will be able to start working with you, or if you should look for an alternative therapist or service instead.

24. At the end of your first Appointment, you and your Counsellor will determine if you would like to continue working together. If you are both in agreement, you will discuss the number and frequency of additional Appointments you will do together. You are under no obligation to book additional Appointments with this Counsellor, or any other Counsellors on our Platform at any time. 

25. If your Counsellor does not attend a session within 15 minutes of the Appointment start time without notice, you will be entitled to rebook with the same Counsellor at another time free of charge, or receive a full refund.

26. From time to time, your Counsellor may need to cancel or reschedule Appointments. They will notify you as soon as possible by email, or the preferred contact method you indicated at the time of sign up.

27. If you fail to attend an Appointment without notice, or your Appointment is interrupted, your Counsellor may attempt to reach you using your preferred contact method as indicated at the time of purchasing the Appointment to either continue the Appointment or reschedule.

28. Users are not allowed to record their Appointments without their Counsellor’s explicit written consent.

Fees

29. We do not charge users to visit our website or create an Account on our Platform.

30. For Services, users will be charged a fee for every Appointment they book (“Fees”). 

31. We adhere to a 3-tier payment model that charges Fees according to the user’s income level. Users who are below the Tier 3 level are permitted to apply for financial aid to access a discounted Fee for their Appointment. The payment model, income tiers, and Fees are listed on our Platform here.

32. To qualify for financial aid, you will be directed to answer a few questions about your financial situation and to provide supporting documentation. Financial aid submissions are manually reviewed by us and will take 24-48 hours to complete. You will be notified via email with the outcome. 

a. If you are found to be eligible, the email will include a unique coupon (voucher) code (“Code”) that will give you a discount on your Appointment when you check out and pay. This Code can be used for 8 Appointments. If you wish to book more than 8 Appointments, you may be asked to reapply for financial aid to receive a new Code. Please do not share this Code with anyone.

b. If you are ineligible, you will still have the opportunity to purchase an Appointment at the Tier 3 rate. We reserve the right to deny financial aid for any reason, but we will try our best to provide every applicant with an explanation.

33. Payment of Fees are due immediately at the time of booking an Appointment. If there is a problem with your payment after the Appointment has been confirmed, we will notify you to try processing the payment again. If payment cannot be made, we reserve the right to cancel your Appointment.

Cancellations and refunds

34. We honour the United Kingdom’s Consumer Contracts Regulations 2013, which entitles users to a 14-day cooling off period where they can cancel Appointments for any reason and receive a full refund. You will not be entitled to a refund if the Appointment has already started, even if you are within the 14-day cooling off period. In any event, we ask all users to please be respectful of our Counsellors time and always cancel Appointments with at least 48-hours’ notice.

35. If you are beyond the 14-day cooling off period, we request a minimum of 48-hours notice before your Appointment start time if you wish to cancel or reschedule your Appointment free of charge. 

 36. You should always cancel or reschedule your Appointment through the Platform. 
 

37. If it’s less than 48-hours before the start of your Appointment and:

a. You wish to reschedule: the ‘Reschedule’ option will be disabled in your Account. Please email us at [email protected] so that we can help you find a new Appointment time and determine if you are within the 14-day cooling off period and are eligible to reschedule free of charge.

b. You wish to cancel:  you will be able to select ‘Cancel’ from within your Account. If it’s outside the 14-day cooling off period, you will not receive a refund. 
 
 
38. Refunds should be processed within 2 – 5 business days, but could take up to 30 days in some instances. If you have any questions about your refund, please contact us at [email protected] 
 
39. The Counsellor may decline to treat you for any reason during or following an Appointment. You will not be entitled to a refund for any Appointments that have begun or been completed.

Data protection and confidentiality

40. When creating an Account, applying for financial aid, booking an Appointment, or making a payment, we will ask you to provide certain personal information. Please read our Privacy Policy for detailed information about how we keep your data safe. 

41. What you share with your Counsellor during your Appointments will remain confidential between you and your Counsellor. The two exceptions to this include

a. In order to offer you effective and safe therapy that’s in accordance with BACP guidelines, your Counsellor is in regular supervision with a clinical supervisor. During sessions with their supervisor, they might discuss your Appointments, however, they may only use your first name and no other identifiable information. If you would like details of your Counsellor’s supervisor, you are able to ask them for this information.

b. If your Counsellor believes you are at risk, or putting others at risk, they may need to break confidentiality. In most cases, they would try to discuss this with you and if this was not possible, at the very least they would notify you of this first, although there are occasionally legal reasons why this might not be possible.

Termination

42. If at any point you wish to terminate your Account with us, you can do so by sending us an email to [email protected] We will respond within 2-5 days with confirmation that your Account has been cancelled and your information has been removed from our Platform. 

43. We reserve the right to remove any users from our Platform for any reason.

44. If we feel that a user is in breach of these Terms, we will try to notify the user with a warning. We may temporarily or permanently suspend the user’s Account, and seek legal action against the user if necessary.

Intellectual Property

45. We reserve all copyright and any other intellectual property rights which may subsist in any information supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability

46. Our liability under these Terms, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

47. WE ARE NOT LIABLE FOR ANY HELP OR GUIDANCE YOU RECEIVE FROM COUNSELLORS THROUGH OUR PLATFORM. All Counsellors take care to be empathetic, sensitive, and careful with their interventions, but the nature of psychotherapeutic work is such that not every single intervention will resonate with the user. Simply because we have selected a Counsellor does not mean that we endorse any or all of the interventions made by that Counsellor to their users. What the Counsellor says may not resolve all or any of a user’s mental health concerns – depending on the user’s presenting problem, therapy may take a long time, so no one conversation can be guaranteed to yield useful results. We encourage users to be as open and honest as possible in their interactions with Counsellors to raise the chances of good outcomes.

48. WE ARE NOT LIABLE FOR ANY ACTION YOU DO OR DON’T TAKE AS A RESULT OF INFORMATION YOU RECEIVE FROM YOUR COUNSELLOR OR THROUGH OUR PLATFORM. What users choose to do with the information given through the Platform is their choice. In other words, your reliance on any information is at your own risk. To repeat ourselves, we are not a medical service. General information on the Platform may not be appropriate for individual users. In addition, tailored information, given in good faith by a Counsellor to a user, may not be appropriate for individual users. If in doubt, users should contact their own registered medical professionals.

49. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

50. Apart from the legal responsibilities mentioned in 50, we shall not be legally liable to users for any loss (both immediate and indirect) or damage suffered by a user.

51. If any of these Terms are found to be unenforceable, we limit our liability to no more than 100% of the Fees you paid for Services through our Platform.

Severance

52. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms (which will remain valid and enforceable).

Subcontracting and Assignment

53. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and can subcontract or delegate in any manner any or all of our obligations to any third party.

54. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms.

No Waiver

55. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Law and jurisdiction

56. The Terms shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Last updated: 15 May 2021