1.1 Introduction
Welcome to the Terms and Conditions/Terms of Services (“Terms”) of MBM Therapies, a specialized platform offering a range of mental health services including, but not limited to, psychiatric consultations, psychological counseling, and healing sessions ("Services").
1.2 Acceptance of Terms
By accessing or using any part of the MBM Therapies platform, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you are prohibited from using the platform and must discontinue use immediately.
2.1 Definitions
For the purposes of these Terms, the following definitions shall apply:
2.2 Interpretations
Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
3.1 Eligibility
To be eligible to use the platform, you must have the legal capacity to form a binding contract. For Users under the age of 18, parental or legal guardian consent is required.
3.2 Verification
Service Providers are required to undergo a rigorous verification process to confirm their professional credentials before offering Services on the platform.
3.3 Parental Consent
For Users under the age of 18, the use of the platform must be directly supervised by a parent or legal guardian. By allowing a minor to use the platform, the parent or legal guardian agrees to these Terms on behalf of themselves and the minor User. The parent or legal guardian assumes full responsibility for ensuring that the information submitted is accurate, and for any legal liability the minor may incur as a result of the use of this platform.
3.4: Verification of Parental Consent
MBM Therapies reserves the right to take reasonable measures to verify that adequate parental or guardian consent has been obtained for Users under the age of 18. This may include requiring additional documentation or other forms of verification.
4.1 Description
MBM Therapies provides a platform for Service Providers and Clients for the purpose of mental health treatment and counseling.
4.2 Limitations
The Services are not a substitute for emergency medical treatment. MBM Therapies is not responsible for providing emergency services or immediate clinical interventions.
5.1 Code of Conduct
Users are expected to conduct themselves in a professional and respectful manner while using the platform. Any form of harassment, discrimination, or abuse is strictly prohibited.
5.2 Prohibited Activities
Users are prohibited from using the platform for any unlawful purposes, including but not limited to fraud, data mining, and distribution of malicious software.
6.1 Payment Methods
Payments for Services must be made through the payment methods specified on the platform.
6.2 Fee Structure
The fee structure for Services is as set forth on the platform and is subject to change at MBM Therapies' sole discretion.
If a Client cancels a scheduled session at least 12 hours prior to the session's start time, they are eligible for a full refund of the fees paid for that particular session. The refund will be processed through the original payment method within a reasonable time frame, not exceeding 14 business days.
If a Client cancels a session less than 12 hours before the session's start time, no refund will be issued. However, MBM Therapies may, at its sole discretion, offer a rescheduling option or a credit for future services.
Clients who fail to show up for a scheduled session without prior cancellation will not be eligible for a refund.
MBM Therapies reserves the right to modify this Refund Policy at any time, and any such changes will be communicated to the Users through appropriate channels, including but not limited to, updates to these Terms and Conditions.
8.1 Confidentiality Obligations
Both Service Providers and Clients are obligated to maintain the confidentiality of any information disclosed during sessions, except as otherwise required by law.
8.2 Data Protection
MBM Therapies is committed to safeguarding the privacy and security of User data. We comply with all applicable data protection laws and employ robust encryption technologies to protect User information.
9.1 Ownership
All content, trademarks, and data on this platform, including software, databases, text, and graphics, are the property of MBM Therapies and are protected by relevant intellectual property laws.
9.2 License to Use
Users are granted a limited, revocable, and non-exclusive license to access the platform for the purpose of availing themselves of the Services, subject to these Terms.
10.1 Arbitration
Any disputes arising out of or in connection with these Terms or the Services shall be resolved through binding arbitration, conducted in accordance with the rules of a recognized arbitration body.
10.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Jurisdiction in which MBM Therapies operates.
11.1 Liability Cap
MBM Therapies' liability for any claims arising out of these Terms or the Services shall be limited to the amount paid by the User for the Services, excluding any consequential or incidental damages.
11.2 No Liability for Mental Health Outcomes
MBM Therapies and its Service Providers shall not be liable for any mental health outcomes or lack thereof.
12.1 User Indemnification
Users agree to indemnify and hold harmless MBM Therapies, its directors, officers, employees, and agents from any claims, losses, or damages, including legal fees, arising out of their violation of these Terms or misuse of the Services.
12.2 Scope of Indemnification
This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.
13.1 Definition
"Force Majeure" refers to any event beyond MBM Therapies' reasonable control, including but not limited to natural disasters, acts of terrorism, and governmental actions.
13.2 No Liability
MBM Therapies shall not be liable for any failure to perform its obligations under these Terms if such failure results from a Force Majeure event.
14.1 Third-Party Resources
The platform may contain links to third-party websites or resources, which are not controlled by MBM Therapies.
14.2 No Endorsement
15.1 Grounds for Termination
MBM Therapies reserves the right to terminate or suspend any User's account and access to the Services for conduct that MBM Therapies believes violates these Terms or is harmful to other Users, MBM Therapies, or third parties, or for any other reason.
15.2 Data Retention
Upon termination, MBM Therapies will retain User data in accordance with applicable legal requirements and MBM Therapies' data retention policy.
16.1 Emergency Medical Treatment
The Services are not a substitute for emergency medical treatment. Users experiencing urgent medical conditions should seek immediate medical attention.
16.2 Suicide and Self-Harm
MBM Therapies is not liable for any actions taken by a User, including self-harm or suicide. Users are urged to seek immediate help in such circumstances.
17.1 Adherence to Guidelines
Service Providers are required to adhere to professional and ethical guidelines as established by relevant accrediting bodies.
17.2 Reporting Mechanisms
Users may report any suspected ethical violations to MBM Therapies, who will investigate and take appropriate action.
18.1 Procedure for Amendment
MBM Therapies reserves the right to amend these Terms at any time, with or without notice to Users.
18.2 User Responsibility
It is the User's responsibility to review these Terms periodically for any changes.
19.1 Enforceability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
19.2 Reformation
An unenforceable provision will be reformed to achieve as nearly as possible the same economic effect as the original provision.
20.1 Non-Waiver
Failure by MBM Therapies to enforce any provision of these Terms shall not be construed as a waiver of its rights under these Terms.
20.2 No Waiver of Legal Remedies
No waiver by MBM Therapies shall prevent it from seeking any other legal remedies for subsequent violations of these Terms.
21.1 Completeness
These Terms, along with any additional terms or policies incorporated herein by reference, represent the entire agreement between the User and MBM Therapies.
21.2 Precedence
In the event of any conflict between these Terms and any other agreement or policy, these Terms shall prevail.
22.1 Prohibition on Assignment
Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of MBM Therapies.
22.2 MBM Therapies' Right to Assign
MBM Therapies may assign its rights and obligations under these Terms at its sole discretion.
23.1 Methods of Communication
All official communications between MBM Therapies and Users must be made via the email address mbmtherapies@gmail.com or through other methods specified by MBM Therapies.
23.2 Receipt of Notices
Notices sent via email shall be deemed received when the email is opened by the recipient, as evidenced by a read receipt or equivalent.
24.1 Continuing Obligations
Certain obligations and rights set forth in these Terms shall survive the termination of these Terms and shall continue in effect indefinitely.
24.2 Enumerated Clauses
Specifically, Sections 8 (Confidentiality and Data Protection), 11 (Limitation of Liability), 12 (Indemnification), and 19 (Severability) shall survive termination.
25.1 Acknowledgment of Risk
By using the Services, Clients acknowledge the inherent risks associated with mental health treatment and counseling.
25.2 Release of Liability
Clients hereby release MBM Therapies and its Service Providers from any liability for adverse outcomes, including but not limited to self-harm or suicide, that may arise from the use of the Services.
For further inquiries or clarifications on these terms of services, please contact us at mbmtherapies@gmail.com.
