Terms And Conditions of Service

Effective Date: September 29, 2025

IMPORTANT LEGAL NOTICE: This document is a preliminary draft and is intended for informational purposes only. It does not constitute legal advice. The terms and conditions herein may not be suitable for your specific business needs and do not cover all legal or regulatory requirements. You must consult with a qualified legal professional to draft or review your final terms and conditions document to ensure compliance with all applicable laws and regulations in your jurisdiction.

1. Introduction and Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the individual accessing and using the Service (“You” or “Client”), and NATIONAL CLINICAL SERVICES LTD, a company registered in England and Wales with company number 15876937, operating the online clinic at the domain ADHDandAutismClinics.com (“ADHDandAutismClinics.com,” “We,” “Us,” or “Our”).

By accessing the Platform, creating a user account, making a Booking (as defined below), or otherwise using any of our services, you confirm that you have read, understood, and agreed to be bound by these Terms, which incorporate our Privacy Policy and all other policies published on the Platform. If you do not accept these Terms, you must not use or access our Platform. Where a parent or legal guardian uses the Service for a minor, all references to “You” in these Terms shall be interpreted as inclusive of the parent or guardian where relevant and necessary to give effect to these provisions.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • ADHD: means attention deficit hyperactivity disorder (ADHD) as defined in the Diagnostic and Statistical Manual of Mental Disorders 5th edition (DSM-V) as well as hyperkinetic disorder, as defined in the International Classification of Diseases, 10th revision (ICD-10).
  • Agreement: MEANS these terms and conditions, and any Schedule attached to these terms and conditions as published on the Platform.
  • ASC: MEANS Autism Spectrum Conditions as adopted by NICE (National Institute for Health and Clinical Excellence) and the UK Department of Health’s Autism Strategy and is also known as or referred to as Autism Spectrum Disorder or ASD.
  • Assessment: MEANS the process for and resultant report that contains diagnosis by Practitioner/s of the presence or incidence of ASC or ADHD, or both, or of any associated SpLD.
  • Assessment Pathway: MEANS the processes and steps provided for and implemented by us in conjunction with Practitioners in assessing for the presence or incidence of ASC or ADHD.
  • Assessment Survey: MEANS surveys, questionnaires and other assessment tools, including recognised standardised clinical diagnostic tools, to be completed by the person who is subject of the Assessment and by third parties connected to the person who is subject of the Assessment, which are used by the Practitioner in assisting with their diagnosis.
  • Booking: A confirmed appointment or consultation session with a Practitioner, whether scheduled via the Platform or otherwise, for which a fee is or may be payable.
  • Booking System: MEANS the system on the Platform that allows You to make an appointment for a Session with a Practitioner for a Session, and includes the features of alerts, reminders and other associated communications.
  • Client: An individual who has registered on the Platform and uses the Service. This includes both private clients and those referred through specific pathways.
  • Confidential Information: MEANS all information in any form or medium which is not publicly available (either in its entirety, or in part), together with any copies of that information in any form, medium or part including accounts, business plans, strategies and financial forecasts, tax records, correspondence, designs, drawings, manuals, specifications, customer, sales or supplier information, technical or commercial expertise, software, formulae, processes, methods, knowledge, know-how and trade secrets.
  • Data Protection Legislation: MEANS (i) unless and until the GDPR is no longer directly applicable in the United Kingdom, the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the United Kingdom and (ii) any successor legislation to the GDPR that is applicable in the United Kingdom; and (iii) the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
  • Digital Health Record: means the health record of any client who makes a Booking or in whose name a Booking is made.
  • Discharge Summary: MEANS the notes recorded by a Practitioner at the conclusion of a Session or series of Sessions but most relevant to Psychiatry consultations, and includes but is not limited to: reason for consultation; diagnosis, if any; treatment, if any; and suggested follow-up plan.
  • Dyscalculia: MEANS a learning difficulty that affects the ability to acquire and use mathematical skills. It is sometimes referred to as numbers dyslexia.
  • Dysgraphia: MEANS a learning difficulty that affects the ability to acquire and use handwritten communication skills both mentally and as a fine motor skill.
  • Dyslexia: MEANS a learning difficulty that affects the ability to acquire and use reading and spelling skills.
  • Dyspraxia: MEANS a learning difficulty that affects the ability to acquire, plan and co-ordinate gross and fine motor skills.
  • Fee: MEANS the amount in GBP sterling that is published on the Platform that is payable for the Services that is payable to a Practitioner for those self-referring.
  • Intellectual Property Rights: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights to goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Law: MEANS any applicable statute or proclamation or any delegated or subordinate legislation or regulation; any applicable judgment of a relevant court of law which is a binding precedent in England, in each case as may be in force in England or Wales and as may be amended from time to time.
  • Notice: MEANS the definition provided in clause 31.
  • Partner Organisation: MEANS a company, institution or organisation that partners with us for the administration and provision of mental health care services for those of its members or persons it refers to us who are Referred Clients.
  • Personal Data: MEANS the same as it is defined in the Data Protection Legislation and refers to information, or data that relates to a person who can be identified from the data, or can be identified from that data in combination with any other information.
  • Platform: Refers to the ADHDandAutism Clinics.com website, its subdomains, and any associated digital infrastructure, including the Semble Practice Management System (PMR), used to deliver the Service.
  • PMR: The Practice Management System (Semble) used by our clinic for secure management of Client records, appointments, and communications.
  • Post-Assessment Support Services: MEANS those services in support of someone with a diagnosis of ASC, ADHD, or SpLD and includes but is not limited to the following: Education Navigation Programme and other services as may be relevant.
  • Practitioner: A healthcare professional, including but not limited to psychiatrists, psychologists, specialist nurses, and therapists, who is registered with the relevant professional body in the United Kingdom and provides services through the Platform.
  • Prescription: MEANS a recorded form for the purpose of ordering a drug, medicine or appliance provided by a Psychiatrist or registered whether on a single or repeat basis; and includes a form that is electronic and is signed with the Prescriber’s advanced electronic signature, and for the avoidance of doubt does not include the dispensed medication.
  • Private Client: MEANS someone who is a client but is not supported by a Partner Organisation and is therefore not a Referred Client, for whom Fees for Services are payable.
  • Profile: MEANS the information about you, personal to you, that you first create on signing up with the Platform, and that includes any other information or material that comes to be included by you or any Practitioner, from time to time and is part of your digital Health Record as it assists in identifying you.
  • Referred Client: MEANS someone who is referred to Us by a Partner Organisation, and the cost of whose Sessions, or Referror Costs, are paid by a Partner Organisation in accordance with the terms separately agreed with that Partner Organisation.
  • Referror Cost: MEANS an amount in GBP sterling in relation to fees for services including Sessions or Assessments payable by Partner Organisations in respect of Referred Clients.
  • Service: The provision of remote online medical consultation, assessment, diagnosis, and treatment for ADHD and Autism, including prescribing where appropriate, by our Practitioners via the Platform.
  • Session: MEANS a booked time slot of finite duration for a session between a Client and a Practitioner for the purposes of talk therapy counselling, or psychiatric consultation.
  • SpLD: MEANS Specific Learning Difference which refers to differences in learning experienced by someone that include Dyslexia, Dyspraxia, Dyscalculia and Dysgraphia that can be associated with or exist alongside either ASC or ADHD.
  • You/Your: Means you, the Client, and includes a parent or legal guardian where appropriate.
  • We/Us/Our: Means NATIONAL CLINICAL SERVICES LTD, trading as ADHDandAutism Clinics.com.

3. Contact Information

How to reach Us at ADHDandAutismClinics.com:

  • Email: Please use the email addresses provided on our website for general inquiries or specific departments.
  • In Case of Emergency: Please see the following section.

4. Emergency – Important Notice

We are not an emergency service. You must seek help elsewhere.

We are not a provider of emergency services, nor is any Practitioner, and none shall assume any liability or make any warranty or guarantee in relation to this.

In case of an emergency, please call 999 or go to the nearest Accident & Emergency Department of any hospital or your nearest GP surgery.

If you require counselling/therapy and the Platform is inaccessible for any reason, and you do not feel safe or secure and you feel you are putting yourself or others at risk, you must seek help elsewhere, which may include the nearest NHS A&E or your GP practice if you are registered with one.

5. Agreement

These Terms and Conditions form the Agreement between You and Us. By making a Booking or signing up to the Platform, including via the Counselling or Assessment Pathway, you are asked whether you accept these Terms and Conditions. These terms govern the basis on which you and we interact in facilitating the provision of services to you by us or by any Practitioner.

We reserve the right to make changes to these terms and conditions from time to time on the condition that such do not breach any applicable Law, and where there is any material change to rights or to what we need or ask of you in order to provide any Service, we will notify you in accordance with of this Agreement.

If you are an NHS patient who has been referred to us in connection with any service we have been contracted to provide to your local NHS Trust or Integrated Care Board as a Partner Organisation or our service is provided to you in association with our validation as a qualified provider to the NHS, to the extent there is any material conflict on any reasonable interpretation between the operation and effect of these terms and the NHS terms of service under which we provide our services to you, the NHS terms of service shall prevail.

If you are a member of a private medical insurer and have been referred to us in connection with any service we have been contracted to provide via our agreement with the private medical insurance company as a Partner Organisation, to the extent there is any material conflict on any reasonable interpretation between the operation and effect of these terms and the terms governing our agreement with the Partner Organisation under which we provide our services to you, the terms of service with the Partner Organisation shall prevail.

If you are a Private Client for talk therapy services, the Practitioner’s services are also set out elsewhere in the separate agreement they make with you at the start of your Session with her or him at their sole discretion.

6. Our Services

We offer access to a Platform that brings together mental health services via a network of Practitioners who provide mental healthcare services, via remote delivery through video-link consultations and which may include but is not limited to the following: talk therapy counselling, psychiatry, Assessments for specific mental health conditions, and Post-Assessment Support Services dependent on the selection you make or dependent on the terms of the referral made on your behalf as a Referred Client and may include incidental prescribing services where permitted (see Prescriptions).

Our services include services that you either self-select if relevant as a Private Client, or services for which you have been referred by a Partner Organisation or that you have self-selected in the course even if first referred by a Partner Organisation.

This includes us providing the following associated services:

  • Search function and selection tools for browsing our network of Practitioners;
  • Appointment Booking System for the scheduling of Sessions, and associated alerts and reminders;
  • Secure, in-house access to Audio-Visual Over Internet Protocol technology that is streamed, real time video, and encrypted (“Video Link Session”);
  • Request for, creation of, storing and retrieving of information that is related to your therapy and/or treatment for your use and for use by the Practitioner with whom you have booked a Session;
  • Access to a centralised payments system for your Sessions;
  • Information on our Platform about how we can help and other resources;
  • Links to other organisations or bodies related to mental health, including governing bodies of Practitioner communities;
  • Ways to communicate with us about your experience on the Platform, including complaints about the conduct of any Practitioner; and
  • Services associated with working with Partner Organisations and their Referred Clients to provide care including counselling or assessments, where relevant.

7. Your Eligibility to use the Platform

The Platform and services accessed through it are governed by the laws here in England, and any claims or proceedings are subject to the courts and tribunals also located here.

Please read this carefully; you are responsible to ensure that you are eligible to use the Platform. In cases where the Practitioner finds that you are not eligible for the Platform at the point of assessment, they may choose to complete the assessment at their discretion based on their judgment of the clinical validity of such an assessment. You will not be refunded for any service where it is or becomes clear to us or to the Practitioner that you are not in fact eligible based on the criteria below such that we cannot proceed to provide any service. Further follow up bookings and/or therapy on the Platform will be based on clinical appropriateness and will be at Practitioner discretion.

To use the Platform and receive any Service, You must be:

  • Located or resident in the U.K.
  • Aged 18 or older, or if under 18 years old, you must either have the consent of your parent or legal guardian or be 16 years or above and competent to receive services (in line with the Doctrine of Gillick competence).
  • In possession of the legal right, capacity and ability to so use the Services, including in a remote setting.
  • Not otherwise ineligible because of the exclusion criteria below.

If you are a resident of the United Kingdom and use the Platform or receive any service while located outside the United Kingdom, you are responsible for complying with laws local to that place, and neither we nor any Practitioner shall assume any responsibility for any liability, damage, claim or dispute in the event of any contravention of any law applicable to that place and nor shall any court or tribunal of that jurisdiction be entitled to hear any claim or proceeding. In that event, you waive any right to bring a claim or proceeding in respect of any law of a place, territory or jurisdiction that is not a law of England and Wales, and you waive any right to bring any claim or proceeding in any courts or tribunals other than those of England and Wales or as provided with specific reference to disputes. Our Platform and the services accessed or provided by us or any Practitioner are governed by the laws of England and Wales.

If you are a Referred Client, it is your responsibility to notify the Partner Organisation if you are located outside of the United Kingdom and it is also the Partner Organisation’s responsibility to verify this with you. Disclaimers apply to any service provide to a person outside of the UK.

If the Booking is intended for a child or adolescent that is aged less than 18 years, then the parent or legal guardian of the child or adolescent must make the Booking on behalf of the child or adolescent and must complete the associated processes or required forms, and must be present at the outset of the first Session with a Practitioner or the client subject of the Booking must be 16 years or above and competent to receive the services (in line with the Doctrine of Gillick competence).

Since the Platform is one that delivers access to Services in the main via remote technology such as online video, there will be limitations to the mental health conditions that can be managed by Practitioners or to the service that can be provided, dependent on the nature and severity of the condition or on the age of the client. The following conditions are not suitable to be seen and managed remotely and it is at the discretion of the Practitioner as to whether a Practitioner will treat this. This is because of safeguarding matters and where a condition is better managed in a multi-disciplinary team setting.

These conditions include but are not limited to the following:

  • Eating Disorders
  • Psychosis
  • Substance misuse
  • Active suicidal ideation
  • Severe persistent self harm
  • Non-verbal children and young people
  • Children with severe Intellectual Disabilities
  • Severe mental illness (e.g., severe anxiety or depression)

The following ages are not suitable for Assessment via remote technology:

  • Children six (6) years old and younger – a child must be seven (7) years old before being eligible for remote Assessment.

8. Your technical set-up & access to the Platform

Your access to the Platform depends on some minimum technical requirements, which are generally consistent with operating current versions of software, and operating systems. These requirements are set out at the end of the agreement at Appendix 1 – Technical Requirements. You are responsible for ensuring that your technical set-up meets the requirements.

These requirements may change from time to time in line with evolving technologies but, as it currently stands, they are listed at the end of these terms and conditions.

You can access our Platform at any time and Practitioner’s availability is listed under their profiles. Their availability is not limited to normal business hours or weekdays but their availability is determined at their sole discretion.

Notwithstanding the above, sometimes we will need to carry out necessary maintenance to the Platform. We will do this outside of normal business hours and shall Notify you over the Platform if that maintenance work is likely to impact your access to the Platform, except in the case of an emergency including but not limited to reasons of security or imminent service instability when time is of the essence and we shall endeavour to correct that within a reasonable time of awareness of such issue. We do not warrant or guarantee that we will be able to do so.

We use reasonable endeavours to provide Services that are free of interruption in line with good industry practice. However, we cannot guarantee that the Platform or Services will be free of interruption.

If any Session is interrupted because of any access issue that is our fault, then you can access a refund in accordance with these terms and conditions.

9. Talk Therapy Service: Your relationship with the Practitioner

We facilitate the provision of services to you by Practitioners in talk therapy counselling, but your relationship with any Practitioner is also governed by the therapeutic framework that you agree with that Practitioner about the scope of the services that they provide to you.

You may email any Practitioner with any questions in advance of making a Booking. If You have a number of Sessions with any Practitioner, a Practitioner may book any further Sessions on your behalf, with an email confirmation to you, or you may choose to book these yourself through the Booking system.

The Practitioner or a member of our team will send some documentation to You in advance of the first Session, depending on and tailored to the type of Booking that has been made or type of service that you have sought. This may include something as simple as a client intake form, or may include documentation specific to the Assessment Pathway such as questionnaires, surveys or other assessment related tools. You will be expected to complete any documentation in order for your Practitioner to treat you, whether this is for a single initial Session or as part of the Counselling or Assessment Pathway.

We do not guarantee or warrant a Practitioner’s attendance or treatment during any Session nor that any shall provide any Counselling Letter, nor that any Psychiatrist shall provide any Prescription.

It is at a Practitioner’s sole discretion to determine the form and choice of treatment or care that they provide, whether this be counselling, advice, treatment or assessment, dependent on, including but not limited to, your reason for using the Platform, your intake details, including your history, the Practitioner’s assessment of risk, any of your preferences and the basis of any Counselling from a Partner Organisation. To that extent we do not determine any of those matters, nor are we responsible for the contents of any therapeutic notes or records made by a Practitioner.

If you are receiving therapy services from a Practitioner for counselling, you will be asked by the Practitioner to also indicate your understanding and agreement to what we call a therapeutic agreement which is a private matter between you and your Practitioner but which sets out a little about the process of therapy and the scope of the therapist’s duties including when they can break confidentiality for example for safeguarding. Although this is a matter for which the Practitioner is responsible, we oblige all Practitioners who provide talk therapy or counselling services to enter such an agreement when they treat any Client for the first time.

10. Practitioner Eligibility

We require from every Practitioner proof of identification, training and other criteria that supports a Practitioner’s eligibility before s/he can provide any Session over the Platform as is relevant to their profession and the types of service they are engaged to provide, and we oblige them to maintain this throughout the duration of their engagement. Practitioners are obliged to do so because of their agreement with us as the Platform provider and we remove the practising privileges of any who do not.

Notwithstanding this, we do not warrant or guarantee the veracity, or completeness of information provided by any Practitioner including but not limited to any lie, fraud, misrepresentation, omission or a change in circumstance that is not notified to us subsequently to engaging the Practitioner. We take all reasonable precautions in line with good industry practice to ensure that any Practitioner who is not compliant is prevented from providing any Service over the Platform.

You may ask the Practitioner treating you about any of their qualifications, credentials, experience or other related matters.

11. Your Information

In order to first make a Booking or be enrolled as a Referred Client, you must provide us with some information that we request from you during your signup to our Platform, and you undertake that this information will be true, current and complete, and that where the information originated elsewhere, e.g. medical test results or other data that you may wish to provide in connection with any psychiatric treatment, that you have not tampered or otherwise interfered with it.

We require you to tell us things that allow us to identify you for the purposes of processing your Booking, and more broadly facilitating your mental health care including your full name; email address; mobile telephone number; your date of birth; gender; emergency contact for safeguarding purposes; GP’s name & practice details.

You are also asked to provide other information about yourself connected with why you wish to see a Practitioner for example matters relating to why you are seeking therapy and if you have sought help before and why; if you are currently on medication for a mental health condition and your medical history more broadly.

You are solely responsible for the truth, currency, accuracy and completeness of your information, and any information that you upload, and if your information is provided in conjunction with a Partner Organisation, both you and the Partner Organisation are responsible.

You understand and accept that if you (or any Partner Organisation) do not provide true, current, accurate or complete information that you may jeopardise the care and treatment that a Practitioner can provide, and that you may jeopardise your continued access to and use of the Platform.

12. Ensuring the Security of Your Profile and Access of the Platform

When You first make a Booking or are first invited to sign up through the Assessment or Counselling Pathway, you will be asked to choose a username and password. You are responsible for safeguarding and maintaining the confidentiality of these and you agree not to share such with any third party. We recommend that you change your password at regular intervals.

You will be solely responsible for any activities or actions taken under your Profile. You must notify us immediately if you know or suspect that any unauthorised person is using your Profile (for example, your password has been stolen, or your Profile has been accessed without your permission).

You should avoid using the Platform on public computers, and make sure to log out.

13. Payment, Cancellations and Refunds

If You are a Referred Client and have come to us via the Counselling or Assessment Pathway, then you are not required to pay any Fees since that is addressed in the agreement for services we have with the Partner Organisation who has referred you except if you are a Referred Client in relation to whom the Partner Organisation has reached or reaches any limits to your applicable membership benefits. Any Referred Client whose limit for membership benefits has been reached shall be liable to pay to the Company any outstanding balance in respect of any Fees for Services owed to the Company at the conclusion of the services.

Whether you are a Private Client or a Referred Client, you shall notify your Practitioner if you cannot attend a Session and will still be required to cancel in accordance with our cancellation policy (no later than two (2) business days for talk therapy counselling Sessions and no later than three (3) business days for Assessments) otherwise the service is still billable to you or to the Partner Organisation, as relevant, that has referred you to us.

If you are a Private Client:

  • A Practitioner’s services are chargeable in advance of any service, at the time you make a Booking, and the Fee is published in advance.
  • You agree that we may take payment from you for a Session, on behalf of the Practitioner with whom you are booked, and you agree to pay the Fee in advance of the Session.
  • For Assessments for both Private Clients and Referred Clients, Practitioners cannot proceed with interviews for Assessments without access to validly completed Assessment Surveys for both client and related party, and you must provide these no later than three (3) business days before the interview as part of the Assessment.
  • If insufficient time is given for notice for cancellation of Assessments or insufficient information is provided by way of validly completed Assessment Surveys, then, cancellation fees will apply if a Private Client, and may be billed to Partner Organisations if a Referred Client, depending on the arrangements with that Partner Organisation.

If a Practitioner cannot or does not attend your Session as a Private Client you will be refunded in full for the Fee (excluding any third party payment integration provider costs) unless you and the Practitioner agree to reschedule the Session and the Practitioner applies a credit to that replacement Session. In the case of a Referred Client, the Referror Cost of the Session will not be chargeable to the Partner Organisation and the Session will be reallocated.

If you do not attend a Session that has not otherwise been cancelled no later than two (2) business days beforehand, the Session is chargeable in full and you will not be permitted a refund if a Private Client, and the Partner Organisation shall be billed in the case of a Referred Client.

14. The Session and/or Assessment

A Session’s duration is as per the Practitioner’s published calendar and as per the type of session, details of which are accessible at the point of Booking.

Arrival and attendance: As to what is an appropriate time to accommodate late arrival for both Sessions and Assessments is a matter for the Practitioner and this is determined at their sole discretion. This is something that you may agree in advance with the Practitioner at the outset of your Sessions or that may be better judged ad hoc; it may be that the Practitioner determines that it would not be in your best interests to start therapy with less time available than usual. For Assessments, punctuality is key to allow for enough time to completed the interviews.

In the instance that you elect to use a third party provider of video link consultation external to our Platform and the Practitioner agrees, we disclaim any responsibility or liability for any issue, claim, damages, proceeding or other consequence arising or in connection with that.

15. Our Operation, Maintenance and Security of the Platform

We may modify, withdraw, suspend or discontinue any functionality or feature of the Platform at our sole discretion. Except to the extent that this impacts any Session currently underway between You and a Practitioner, we may do so without Notice to You although we may publish on the Platform our intended maintenance times. If such modification can be reasonably judged to materially impact your rights under this Agreement, you may elect not to proceed with any further Bookings and not accept any change to our terms and conditions, or your ability to attend any Session for which you have already paid a Fee, then you shall be entitled to a refund.

We shall exercise all reasonable precautions to protect against:

  • unauthorised or unlawful access to our Platform;
  • accidental loss, or destruction of or damage to the Platform including information and Personal Data;
  • failure of systems, or software, and we set out certain matters in connection with this and the precautions we take in our Privacy Policy. Please see our Privacy Policy for more information about this.

Notwithstanding the above, we do not warrant or guarantee the operation, transmission, security or viability of the Platform including but not limited to whether it be free of any bug, virus, Trojan Horse, worm, time bomb, or such other threats to digital and cyber integrity and security as may become defined by the information technology industry, nor do we warrant or guarantee that access to and use of the Platform will be free from interruption, errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

To the extent that we use in part or whole any software, systems, applications, utilities or sites that are licensed by us and that belong to and are operated by third parties, we disclaim all responsibility for any issue, problem or incident that is caused or affected by such third parties, to the extent permitted by Law or as may be otherwise agreed in any terms between a Partner Organisation and us.

16. Conditions of use of the Platform including Intellectual Property and Confidential Information

You are responsible for configuring your technology set-up including but not limited to computer programmes, software, applications or utilities, and other information technology in any computer, or mobile device or tablet to facilitate your access to the Platform.

You will use appropriate virus protection software / anti-mal software.

You will not permit any third party to access the Platform via your log-in and you will keep passwords and log-in details for your profile private.

A temporary use licence in your favour to access and use the Platform for the purposes of healthcare via talk therapy counselling, or Assessment does not grant any other right to the Intellectual Property that is underlying the Platform or to any Intellectual Property that is displayed or otherwise accessible via the Platform and that is otherwise ours by right to and interest in it, whether owned by or licensed to us.

We allow you to use the Platform on condition that You do not breach the terms of this Agreement and that you will shall not do anything:

  • in contravention of or prejudicial to Our rights and interests including Confidential Information and Intellectual Property;
  • in contradiction or breach of this Agreement, including any Privacy Policy
  • for any illegal purpose, including fraudulent purposes; nor permit anyone else, whether by assertion or omission, to do so either.

The restrictions above include that you shall not:

  • post or transmit a message (written, verbal, instant or via video) under a false name or use the Platform to impersonate another person or misrepresent another person;
  • distribute chain letters or unsolicited bulk electronic mail (“spamming”) via the Platform;
  • attempt to undermine the security or integrity of computing systems or digital networks on which the Platform is built, or attempt to gain unauthorised access to such;
  • harvest or collect data about any Client, Supplier or other individual who uses the Platform;
  • post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform or the Services;
  • reproduce, modify, copy, edit, alter, distribute, disseminate, use for commercial purposes or infringe any right pertaining to our Confidential Information or Intellectual Property in whole or in part.

We have the right to delete any information provided by you that we deem fraudulent, abusive, defamatory, obscene or in violation of any rights, including Intellectual Property rights, or that is otherwise in breach of this Agreement.

17. Counselling Letter and Prescriptions

If you are provided with a Counselling Letter or Prescription, you agree that if a Practitioner chooses to provide any Counselling Letter or any Prescription, that this is at the Practitioner’s sole discretion and this includes the contents of such.

You agree not to change, alter, modify or interfere in any way with any Counselling Letter or Prescription.

Practitioners are obliged not to prescribe any medicines listed in the non-prescribe list as stated in the Prescribing Policy.

You are responsible for ensuring that You understand the contents of any Counselling Letter or Prescription. If you receive a Prescription consequent to any Assessment as a Referred Client of the private medical insurer, you will also participate in the processes integral to that which include but are not limited to the following: Reviews of medication, titration stabilisation, onward referral to shared care with a primary medical provider. You are encouraged to ask the Practitioner any questions you may have about the Counselling Letter or Prescription.

No Practitioner engaged in talk therapy services whether to a private Client or to a Referred Client may prescribe any medication or fill out any prescription. Psychiatrists and certain Practitioners in our ND Assessment Team qualified to prescribe are the only Practitioners that are permitted prescribing privileges on our Platform.

18. Profile and Digital Health Record

You are responsible for keeping information about you that includes your name, contact details, emergency contact and registered GP up to date and current and you must contact us if any of this information has changed and needs amending on your Digital Health Record.

The information in your intake by its nature contains Personal Data under the Data Protection Legislation and this is subject to the protections afforded by the Data Protection Legislation and this is addressed in our Privacy Policy.

We are responsible for a Digital Health Record in your name which is only accessible to those Practitioners that treat you, and to us if we reasonably need access for purposes consistent with our supervision and oversight of Practitioners, within the limits of our Privacy Policy, and also in respect of any claim, proceeding or safeguarding issue.

The Digital Health Record is the place where a Practitioner may record and store the following:

  • A Practitioner’s Notes of their Sessions with You for talk therapy;
  • Counselling Letters;
  • Prescriptions;
  • Discharge letters in connection with any psychiatric consultation or treatment in relation to any Session/s;
  • Progression Reports that conclude any series of Sessions with a Practitioner if you have been referred to the Counselling Pathway as a Referred Client;
  • Other data, information or files that you may provide, for example a letter from another medical or health professional.

19. Other Information You can access on Our Platform

Where we make available information or links to information on the Platform, including health-related information, we do not represent or warrant that the information is comprehensive, complete, current, reliable or true, nor do we represent or warrant that the information will meet your health or medical requirements, nor is able to be relied on by You, or that any course of treatment referred to in that information is safe, appropriate or effective for You.

This information is intended as general and introductory in nature and is not intended nor to be treated as a substitute for client-specific advice from a Practitioner, including but not limited to emergency medical services. You have the right to choose not to access or read the information. It is your responsibility to contact a health professional if you are concerned about your health, whether that is your registered GP or otherwise.

We do not endorse the promotions, products or services of any third parties to whom we may link on the Platform. We do not assume any responsibility or liability for the accuracy of information contained on any third party web sites to whom we link.

20. Personal Information and Privacy

Before completing your sign up on the Platform including as a Referred Client via the Counselling or Assessment Pathway, you will be asked whether you have read and understood our Privacy Policy. This sets out in detail all things related to your Personal Data and privacy in respect of your Sessions or Assessment or use of the Platform and sharing of Personal Data.

Whether treating a Private Client or a Referred Client, Practitioners must follow our Privacy Policy and comply with the Data Protection Legislation and common law duties of confidentiality.

21. Termination

We reserve the right to suspend or terminate our agreement with you contained in these terms and conditions, and with it your access to the Platform, at any time, without notice and without liability, if we reasonably determine you have broken any of these terms or conditions. This includes whether you are a Private Client or a Referred Client.

Any related refund or cancellation as a result of termination shall be in accordance with clause 13 – Payments, cancellations and refunds.

Termination does not obviate or detract from any ongoing obligations we have under any applicable law whether statue or common law, for example including your rights to privacy under the Data Protection Legislation, which continue beyond termination.

22. Our Liability to You and Limitations

If we break these terms or conditions we are responsible only for loss or damage that you suffer that is foreseeable as a result of our breach of the Agreement except where we expressly disclaim this. Loss or damage is foreseeable if either it is obvious that it will happen or if both you and we knew it might happen. We are therefore not responsible for any consequential, punitive, exemplary or special damages howsoever arising.

We disclaim the following losses or damages for which we are not responsible, to the extent permitted by any Law:

  • Loss or damage or claim in connection with any emergency or acute health condition during any Session or Assessment – the Platform is not to be used for emergencies or treatment of any acute condition – please follow the guidelines on the Platform for who to contact in an emergency or if an acute health condition.
  • Loss or damage or claim in connection with any breach of law of a jurisdiction outside of England and Wales or in connection with a legal or court proceeding in a jurisdiction outside of England and Wales.
  • Loss or damage in connection with your inability to access or use the Platform, except where payment for a Session has been taken and you are prevented from attending that Session because of a verified fault with our Platform, which is not connected with your technology set-up. In that instance, our liability is limited to a refund or offset of the Fee if the Session has already been paid.
  • Loss or damage that relates to any computer, or smart device used to access the Platform or Services – it shall be your responsibility to have in place suitable mechanisms to secure and protect your devices and technology set-up.

We provide the Platform ‘as is’ and do not represent or warrant that it is error free, or virus free nor that it is fit for a particular purpose, nor are we responsible for any software, systems or other processes we license from third parties in connection with the Platform.

In respect of any liability under these terms and conditions, including in relation to any indemnity, however arising and whether in contract or in tort or breach of any applicable Law, our aggregate liability in respect of any claim or connected series of claims shall not exceed the total amount paid by you to us in the two calendar months preceding the claim.

23. Indemnity

We (you and us) agree to mutually indemnify each other against any claim, proceeding, action, loss or damages, legal costs, expenses and any other liabilities, in respect of any third party, arising from or in connection with:

  • any breach by you or us of applicable Laws including the Data Protection Legislation, including any act or omission in respect of the same;
  • infringement of any third party right to Intellectual Property.

You agree to indemnify us in respect of any any claim, proceeding, action, loss or damages, legal costs, expenses arising from or in connection with non-payment by you of any Fee reasonably due to a Practitioner, unless you are a Referred Client and your Session or Assessment is payable by a Partner Organisation.

Our liability in respect of any indemnity is limited to the amount set out in clause 22 above.

24. Complaints

You may record a complaint in line with the Complaints Policy that is published on the Platform.

In the event of any complaint or dispute, you agree that you will first notify us of the subject of the complaint or dispute in accordance with our Complaints Policy, and we undertake to respond in a reasonable time. If you have come to us via the Counselling or Assessment Pathway, you are also obliged to notify the Partner Organisation that has referred you to us of your complaint or dispute with us.

You and we agree to attempt to resolve any dispute within sixty (60) days of notification of a dispute.

25. General Provisions

25.1. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NATIONAL CLINICAL SERVICES LTD concerning the use of the Service.

25.2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Each clause in this Agreement operates separately to the extent permitted by Law.

25.3. Modifications: We reserve the right to modify these Terms at any time. We will notify you of any significant changes, and your continued use of the Service after such modifications constitutes your acceptance of the new Terms.

25.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

25.5. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

25.6. Force Majeure: We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, or labour.

25.7. Notices: All notices or other communications under these Terms must be in writing and shall be deemed to have been duly given when delivered by email to the address specified in your account details.

25.8. Applicable Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales and the courts and tribunals of England and Wales shall have exclusive jurisdiction to hear any matter, claim, dispute (non-contractual or otherwise) or other legal proceeding.

APPENDIX 1. Technical Requirements to Use the Platform

As is currently preferable for any internet connectivity, we recommend a minimal bandwidth of 5 mbit/s active internet connection to access the Platform and use its features.

Our Platform is predominantly browser-based software, which means it can be run on all full desktop operating systems (MacOS, Windows, Linux, etc), as well as Chrome OS.

We make use of advances in browser technology to deliver some features such as Sessions over video link. Some browsers do not support some of the technologies that we use, such as video enabled technology, and we cannot support them. To ensure the best possible experience we recommend a Chromium based browser such as Google Chrome. Mozilla Firefox, Microsoft Edge, Google Chrome and Apple Safari can also be used.

On mobile, Safari on Apple devices and Chrome on Android devices are supported but note that some features of the technology are not mobile friendly and the best possible experience is via desktop.