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2. Who we are click here to copy this link
2.1 When the terms "we", "us", "our" or similar are used in this Agreement, they refer to Plumm Health Ltd, the owner and operator of the Platform. Our registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ and our company registration number is 11034943.
2.2 When the terms “you”, “client” or “user” are used in this Agreement, they refer to you, the user of the Platform.
3. The Platform click here to copy this link
3.1 The Platform is provided by Plumm to:
3.1.1 provide information and materials relating to mental health (the “Materials”); and
3.1.2 enable you to arrange mental health support (“Therapist Services”) from professional mental health practitioners (“Therapists”).
3.2 Your employer or other organisation may have entered into an agreement with Plumm for you to access the Platform. In that situation, if you have any queries about the scope and duration of the services, you should contact your employer or other organisation.
3.3 You agree that all interaction with Therapists shall be arranged through the Platform. You agree not to arrange or accept any Therapist Services from a Therapist other than those arranged through the Platform, even if a Therapist requests this.
4. SUICIDE, SELF-HARM AND OTHER EMERGENCIESclick here to copy this link
4.1 NOTE: IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE.
4.2 DO NOT USE THE PLATFORM OR THERAPIST SERVICES FOR ANY OF THE AFOREMENTIONED CASES. THE THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
5. MEDICAL ADVICE AND SUITABILITY click here to copy this link
5.1 THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES.
5.2 IN ADDITION, IT IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
5.3 YOU SHOULD NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM OR BECAUSE OF ANY INABILITY TO ACCESS THE PLATFORM.
6. The Licence click here to copy this link
6.1 Subject to your compliance with this Agreement, Plumm provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable licence to access and use the Platform and any Materials as a client.
6.2 Unless otherwise stated, Plumm or its licensors own the intellectual property rights to the Platform and any Materials. Subject to the terms below, all these intellectual property rights are fully reserved and belong to Plumm or its licensors even if they are created by you during the performance of your services utilizing our website.
6.3 You may view, download for caching purposes only, and even print pages, files or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in this agreement.
6.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user generated).
6.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7. Your Use of the Platformclick here to copy this link
7.1 You hereby confirm that:
7.1.1 you are at least 18 years old of age.
7.1.2 all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete and that you will maintain such information as accurate, true, current and complete. You can update your first name, last name and email address directly on the Platform. If you wish to make any changes and need our support, you can write to us at email@example.com.
7.1.3 provide information and materials relating to mental health (the “Materials”); and
7.1.4 enable you to arrange mental health support (“Therapist Services”) from professional mental health practitioners (“Therapists”).
8. Unauthorised Use of the Platform click here to copy this link
8.1 You agree not to:
8.1.1 record your interactions with any person you interact with via the Platform.
8.1.2 use our intellectual property for advertisement purposes without expressed, written consent from us.
8.1.3 use the account of any other person for any reason.
8.1.4 interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure.
8.1.5 violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform.
8.1.6 use the Platform in a manner that could damage, or otherwise negatively impact Plumm.
8.1.7 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, viruses 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 including intellectual property rights;
(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.
8.1.8 attempt to gain unauthorised access to (a) any portion or feature of the Platform, (b) any other systems or networks connected to the Platform, (c) any Plumm server, or (d) to any of the services offered on or through the Platform.
8.2 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).You agree not to:
8.3 You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Platform or Materials.
8.4 You may not make use of or seek or receive any services via the Platform if you are under the age of eighteen years.
9. Features of the Platform click here to copy this link
9.1 The features and functionality of the Platform are to be determined solely by us and are subject to change or termination without notice.
9.2 Plumm supports the following web browsers and operating systems.
|Android 7.0 and above||-||-|
|iOS Safari Ver.11.4 and above||-||-|
|macOS X 10.13.4 and above|
9.3 Use of the Plumm Platform requires the following minimum internet speeds:
9.3.1 5MBPS download speed; and
9.3.2 2MBPS upload speed.
9.4 Use of the Plumm Platform for therapy sessions requires the following hardware requirements:
9.4.1 Camera/Webcam should be functional and working;
9.4.2 Speakers should be functional and working; and
9.4.3 The microphone should be functional and working.
10. Therapists click here to copy this link
10.1 The Therapists are neither our employees nor agents nor representatives.
10.2 All of the Therapists we work with are accredited and/or registered with a professional body (such as BACP, BPS, APA or similar equivalent boards) and are obliged to adhere to professional and ethical standards. From time to time, we may also impose additional standards and guidance for the Therapists to follow.
10.3 Please note that Plumm is not a health care provider. Plumm is a software company and website operator. We make our Platform available as an introduction platform for you to access mental health support from third party Therapists. Plumm does not deliver any Therapist Services. Where you arrange to receive Therapist Services from a Therapist, the legal agreement is between you and the Therapist. Plumm is not a party to that agreement or to any Therapist Services.
10.4 YOU AGREE THAT PLUMM IS NOT RESPONSIBLE FOR THE THERAPIST SERVICES OR ANY INFORMATION OR ADVICE DELIVERED BY THERAPISTS. The Therapist Services are provided by the relevant Therapist(s), not by Plumm, and you agree that Plumm is not liable for the actions or omissions of the relevant Therapist(s).
10.5 YOU AGREE THAT PLUMM IS NOT RESPONSIBLE FOR ANY ACTION THAT YOU TAKE AS A RESULT OF THE USE OF THE PLATFORM OR ANY THERAPIST SERVICES. Plumm does not provide you with medical advice and we do not endorse the advice or information given by Therapists. The Materials are not medical advice and should not be relied upon as such. We make no representation, express or implied, that the Platform, Material or content of any Therapist Services is accurate or correct. Under no circumstances does Plumm recommend particular treatment for specific individuals. You should not rely on any specific information or advice given to you by a Therapist. In all cases, we advise that an appropriately qualified medical professional be consulted before any decisions are taken about whether treatment or a certain course of action is necessary, beneficial or harmful. You should never make health decisions based solely on the Platform, Materials or Therapist Services.
10.6 YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
11. Privacy click here to copy this link
12. Keeping your account details safe click here to copy this link
12.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
12.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
12.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL OR CONTACT DETAILS]. You agree that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge other than as a result of our negligence.
12.4 If you receive any file from us or from a Therapist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. Plumm will not be held liable for any spyware, malware or any other malicious program transferred through such a file exchange.
13. Indemnity click here to copy this link
13.1 You 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 attorneys' fees and expenses) arising out of or relating to any of the following:
13.1.1 your access to or use of the Platform;
13.1.2 any actions made with your account whether by you or by someone else;
13.1.3 your violation of any of the provisions of this Agreement;
13.1.4 your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
13.1.5 your communication, interactions and actions with the Therapist(s) on our Platform; and
13.1.6 your use of any Therapist Services.
13.2 This clause shall survive the expiration or termination of this Agreement.
14. Disclaimer click here to copy this link
14.1 The Platform and the Materials are provided “as is” without any representations or warranties, express or implied of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
14.2 Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
14.1.1 the Platform or our services will be constantly available, or available at all;
14.1.2 the information on the Platform is complete, true, accurate or not misleading;
14.1.3 you will be able to receive Therapist Services from a particular Therapist;
15.Liability click here to copy this link
15.1 This Agreement will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Nothing in this Agreement limits or excludes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Nothing in this Agreement shall be interpreted as attempting to exclude this liability.
15.2 Other than the liability set out in 15.1 we will not be liable to you or any other party (whether under contract, negligence or otherwise) in relation to the content of, or use of, inability to use or otherwise in connection with the Platform or Materials or Therapist Services:
15.1.1 for any direct loss;
15.1.2 for any indirect, special or consequential loss; or
15.1.3 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
15.3 We exclude all implied warranties and other legal obligations implied by law, to the extent that it is lawful for us to do so.
15.4 YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM, MATERIALS OR ANY THERAPIST SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU (OR BY ANOTHER PARTY) IN RESPECT OF YOUR USE OF THE PLATFORM IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
15.5 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.
15.6 This section (limitation of liability) shall survive the termination or expiration of this Agreement.
15.7 By using the Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease using the Platform.
16.Third Party Websites click here to copy this link
16.1 Where our Platform or Materials contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
16.2 We have no control over the contents of those sites or resources and we shall have no liability for any loss or damage that may arise from your use of them.
17.Notices click here to copy this link
17.1 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, or by posting them 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 firstname.lastname@example.org.
18.Cancellations click here to copy this link
18.1 You may cancel a therapy session without the cancelled session counting towards your employer’s allowance (or your allowance, where relevant) as long as the session is not taking place within 24 hours of the cancellation.
18.2 To cancel a therapy session, you need to (i) send a message to the Therapist via the “Chat Session” option in the Platform; and (ii)send a message to Plumm support via the “Live Chat” option in the Platform with the therapy session details such as date, time and name of Therapist.
18.3 Once the steps above have been completed, the therapy session will be cancelled. If you cancelled at least 24 hours before the session, it will be credited back to your employer’s allowance of therapy sessions (or your allowance, where relevant).
18.4 If you cancel within 24 hours of the scheduled session, or do not attend a scheduled session, the session will still be deducted from your employer’s allowance (or your allowance, where relevant).
18.5 if you join any session under the influence of any substance such as drugs or alcohol, or become disruptive, insulting, abusive, or act in an unreasonable manner during the session, the Therapist will be entitled to terminate the session and the session will still count against such your employer’s allowance (or your allowance, where relevant).
18.6 In the rare event that a Therapist may have to cancel your appointment, we will re-assign you a new Therapist within 48 hours.
19.Termination by Plumm click here to copy this link
19.1 Without prejudice to Plumm’s other rights under this Agreement, if you breach this agreement in any way, we may take such action as we deem appropriate to deal with the breach, including issuing a warning, suspending your access to this website (either temporarily or permanently), blocking devices using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, and/or bringing legal proceedings against you.
19.2 We may, at any time, without notice and without cause, suspend or terminate your account for any reason we deem necessary in our sole discretion.
20.General click here to copy this link
20.1 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provision will continue in effect.
20.2 This Agreement, including any other documents incorporated by reference, constitutes the entire agreement between you and Plumm in relation to your use of the Platform, Materials and our services, and supersedes all previous agreements in respect of such use.
20.3 Plumm may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement under any circumstance without our written consent.
20.4 Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
20.5 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in this Agreement.
20.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
20.7 This Agreement, its subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.
21.Contacting Us click here to copy this link
21.1 Plumm welcomes your questions or comments regarding this Agreement. If you have queries, please contact Plumm at: email@example.com.
IF YOU ARE IN A CRISIS OR ANY OTHER PERSON MAY BE IN DANGER, DO NOT USE THIS SITE OR PLATFORM. PLEASE CONTACT YOUR LOCAL EMERGENCY HELPLINE IMMEDIATELY.
This Agreement was last updated on 24th May 2023.
1. Introduction click here to copy this link
2. Description of Service click here to copy this link
EMMA is an AI-powered virtual assistant designed to chat with users and offer support, but will not offer advice. EMMA is not a replacement for a psychologist, counsellor, coach, or mental health professional and should not be used in emergencies.
3. Eligibility click here to copy this link
By using EMMA, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under 18 or lack the legal capacity, you must not access or use EMMA.
4. Limitations of Service click here to copy this link
EMMA is intended for general support and conversation purposes only. IT IS NOT INTENDED TO PROVIDE, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY.IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. DO NOT USE THE EMMA SERVICE FOR THESE PURPOSES.
5. User Responsibility click here to copy this link
You are responsible for using EMMA in a safe and appropriate manner. You agree not to use EMMA for any unlawful purposes, to harass or intimidate others or to impersonate any person or entity. You agree not to share information with EMMA which you are not comfortable sharing. You should not enter any personally identifiable information, where possible. You are responsible for managing the privacy and security of your own devices (and therefore the access to any conversations you have had with EMMA).
6. Data Protection click here to copy this link
7. Intellectual Property click here to copy this link
a. All intellectual property rights in EMMA and its underlying technology, including but not limited to copyright, trademarks and patents, are owned by or licensed to Plumm Health. You agree not to copy, modify, distribute or create derivative works from EMMA or any associated content without the express written consent of Plumm Health. Subject to your compliance with these Terms, Plumm Health provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable licence to access and use the EMMA service.
b. For any information and content, you share with the EMMA service, you hereby grant Plumm Health a license to copy, display, use, distribute, modify and adapt and otherwise act with respect to such information and content to enable us to provide the EMMA service to you and to improve the EMMA service, generally. You agree that this licence is a royalty-free, perpetual, sublicensable, irrevocable, and worldwide licence to use the information and content.
8. Third-Party Links click here to copy this link
EMMA may contain links to third-party websites or services. Plumm Health is not responsible for the content or privacy practices of these third-party sites. We encourage you to review the terms and privacy policies of any third-party websites or services you visit. Your interactions with such third-party sites are solely between you and the third parties, and Plumm Health shall not be liable for any loss or damage arising from your use of or reliance on any third-party content or services.
9. Termination click here to copy this link
Plumm Health may terminate or suspend your access to EMMA at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use EMMA will immediately cease. All provisions of these Terms shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties and Limitation of Liability click here to copy this link
EMMA is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. Plumm Health disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. These Terms will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
11. Indemnification click here to copy this link
You agree to defend, indemnify, and hold Plumm Health and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with your use of EMMA, your breach of these Terms, or your violation of any applicable laws or regulations.
12. Liability click here to copy this link
a. Nothing in this Agreement limits or excludes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
b. Other than the liability set out in the preceding sentence, Plumm Health will not be liable to you or any other party (whether under contract, negligence or otherwise) in relation to the content of, or use of, inability to use or otherwise in connection with the EMMA service.
c. SUBJECT TO THE REST OF THIS CLAUSE 12, YOU UNDERSTAND AND AGREE THAT PLUMM HEALTH’S TOTAL LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU (OR BY ANYONE ELSE) IN RESPECT OF YOUR USE OF THE EMMA SERVICE IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
d. By using the EMMA service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease using the EMMA service.
Plumm Health reserves the right to modify these Terms at any time. Your continued use of EMMA after any such changes constitutes your acceptance of the new Terms. If any modification is unacceptable to you, your only recourse is to cease using EMMA.
14. Governing Law and Jurisdiction click here to copy this link
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of EMMA shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15.Severability click here to copy this link
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
16.Waiver click here to copy this link
No waiver by Plumm Health of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plumm Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17.Entire Agreement click here to copy this link
18.Contact Information click here to copy this link
If you have any questions or concerns about these Terms or EMMA, please contact Plumm Health at firstname.lastname@example.org. Plumm Health Ltd is the owner and operator of EMMA. Plumm Health’s registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ and the company registration number is 11034943.
19.Note click here to copy this link
This document was last updated on 2nd May 2023.