Terms & Conditions
(Massage Therapy)
1. The client acknowledges and understands that full disclosure of their medical history, information and health is essential to the safe administration of massage therapy. The client covenants and agrees that all medical information provided to Mind & Body Therapy is both accurate and correct at the time of signing the form and acknowledges and agrees that it shall be the client’s full responsibility to disclose any change to that information. Mind & Body Therapy cannot be held responsible for any injury that may occur arising from failure by the client to disclose changes to their medical or physical condition.
2. The client agrees they shall inform their main health care provider (including physician, specialist, obstetrician or midwife) that they are receiving massage therapy. The client acknowledges that massage treatments can in no way replace conventional medical treatment or medication. When informing their health care provider, the client shall disclose and provide to Mind & Body Therapy any advice, guidelines or procedures recommended or provided by the client’s health care professional.
3. Up to 50% of the full appointment fee will be charged by Mind & Body Therapy to the client if less than 24 hours’ notice is given of cancellation. If less than four hours’ notice is given, then 100% of the appointment fee will be charged.
4. Mind & Body Therapy Gift Vouchers are valid for a period of 6 months following the date of purchase. After this time gift vouchers may be redeemed at the discretion of Mind & Body Therapy.
Privacy Policy
We collect personal information from you, including information about your:
- Name
- Contact Information
- Interactions with us
We collect your personal information in order to:
- make charges and payments to our clients and counsellors
We keep your information safe by encrypting our data and providing secure connections to our website.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at: jo@mbt.nz
Counselling
These Terms and Conditions govern the services of Mind & Body Therapy internet site(s) and their associated services (the ‘Terms and Conditions’) which it provides in conjunction with other partners.
4. Mind & Body Therapy Responsibilities
5. Personal Data and Information
8. Complaints, Refunds and Cancellations
15. Intellectual Property Rights
1. Mind & Body Therapy
1.1 Mind & Body Therapy conducts face to face, online, and internet-based counselling services. The office is in Nelson, New Zealand. You may contact us on jo@mbt.nz
2. Services
2.1 These Terms and Conditions are legally binding between you and us. They govern your access to the Mind & Body Therapy and the services we provide. Your access to Mind & Body Therapy and Mind & Body Therapy are subject to compliance with these Terms and Conditions.
3. Your Obligations
3.1 You agree, represent and confirm that the following are true and will be true each time that you use Mind & Body Therapy and each time you enter Mind & Body Therapy website:
3.2 You have (or any person designated by you) has, all requisite power, authority and approvals to enter into or perform your obligations (and/or the obligations of the person on whose behalf you are acting) under these Terms and Conditions.
3.3 In accepting these Terms and Conditions you are not relying upon, any statements, representations, promises, or undertakings by Mind & Body Therapy whatsoever that are not contained herein.
3.4 You will not use Mind & Body Therapy or Mind & Body Therapy Website(s) for any purpose which is unlawful, abusive, libellous, obscene or threatening.
3.5 Whilst all information submitted by you to Mind & Body Therapy, including your credit card details, you accept the risk that data transmitted electronically via Mind & Body Therapy) or Mind & Body Therapy Website may be intercepted before reaching Mind & Body Therapy (or Mind & Body Therapy when transmitted by Mind & Body Therapy to you). Mind & Body Therapy takes no responsibility, but all care, for breaches. In order to avoid interception of email it is strongly suggested that you 1) never send/receive personal email from a work computer and 2) that you always double check the to: address box prior to clicking the send button. It is strongly recommended that you password protect all correspondence with Mind & Body Therapy. Mind & Body Therapy can assure that the computer and email used for supplying therapy is password protected. Encryption can be used if this is available on your system. You assume full the risk and responsibilities therefore and for the protection of any computer system you use from viruses and other potentially destructive programs.
3.6 You are responsible for ensuring that all information that is provided to Mind & Body Therapy in your enquiry for advice or therapy is complete and accurate, including details of any previous or ongoing medical conditions and mental health issues. Any advice, comment or information may be dependent upon that.
3.7 Mind & Body Therapy takes no liability for any advice, comment or information that it gives to you.
3.8 You are responsible for providing all information that you feel may be relevant to your therapist and to update the therapist should your circumstances significantly change.
3.9 You understand that you will be evaluated for the appropriateness of this type of advice or therapy and if Mind & Body Therapy believes you would be better served elsewhere, a recommendation will be made to you.
3.10 You are responsible for notifying your doctor that you are seeking therapy advice.
3.11 We recommend you get a full medical check before therapy.
3.12 You accept full responsibility for monitoring any Mind & Body Therapy Account(s) you may have. You agree to notify us immediately if you are aware of any credit card fraud, loss, theft, or unauthorised use of any of your password(s) or account numbers.
4. Mind & Body Therapy Responsibilities
4.1. Mind & Body Therapy will use best endeavours to ensure that all advice, comment, information and therapy will be provided with appropriate skill, care and sensitivity though cannot be held responsible for any action taken by you directly or indirectly on the basis of what it provides.
4.2. Mind & Body Therapy advisors responding to you via Mind & Body Therapy are undergoing training in a Bachelor of Counselling at Nelson Marlborough Institute of Technology.
4.3. Though all reasonable care shall be taken by Mind & Body Therapy to ensure that the text of sessions is kept confidential, Mind & Body Therapy shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties’ interception of online sessions.
4.4 Mind & Body Therapy reserves the right at its sole discretion to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason.
4.5 Mind & Body Therapy, its agents and therapists will use best endeavours to ensure that their computer systems are protected from viruses and other potentially destructive programs.
4.6 Mind & Body Therapy will store all advice and therapy correspondence on its computers.
5. Personal Data and Information
5.1 Mind & Body Therapy shall treat all information between you and Mind & Body Therapy therapists as confidential except as provided for in its Privacy Policy that can be accessed on our website, and subject to the qualifications on security of data transmitted electronically as provide for in 3.5 above.
5.2 Clients are not to be discussed with anyone not employed by Mind & Body Therapy in any way that can identify them as an individual. For the purposes of this Privacy Policy, personal information is any information about an identifiable individual.
5.3 All Mind & Body Therapy staff may use or disclose information without your consent or authorization in the following circumstances:
1. Child Abuse: If a staff member has reason to believe that a child has been, or may be, abused, neglected, or sexually abused, he/she must make a report of such.
2. Adult Abuse: If a staff member has reason to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation, she/he must immediately report such.
3. Health Oversight: If a complaint is filed against your therapist with their respective state licensing board, they have the authority to subpoena confidential mental health information from Mind & Body Therapy.
4. Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law and it will not be released by Mind & Body Therapy, without written authorization from you or your personal or legally appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case.
5. Serious Threat to Health or Safety: If a staff member determines that there is a probability of imminent physical injury by you to yourself or others, or there is a probability of immediate mental or emotional injury to you, they may disclose relevant confidential mental health information to medical or law enforcement personnel.
6. Abuse or Sexual Exploitation by Therapist: To report client abuse or sexual exploitation by a previous therapist to the appropriate licensing board.
6. Assignment
6.1 Mind & Body Therapy rights and obligations as under these Terms and Conditions may be assigned without your prior consent.
6.2 Your rights and obligations under these Terms and Conditions are deemed to be personal to you and are not capable of being assigned to anyone.
7. Fees
7.1 You shall pay fees (and other relevant charges) for Mind & Body Therapy services and any other services directly to Mind & Body Therapy.
7.2 There is an initial free correspondence. Fees are normally charged by credit card or EFTPOS.
8. Complaints, Refunds and Cancellations
8.1 If you feel that the advice, comment, information and therapy received is not of a sufficient standard or for any other reason you believe has been defective or failed to reach you, you may claim a refund by writing to Mind & Body Therapy, stating clearly reason(s) for the complaint. The Mind & Body Therapy in this regard shall be limited to the actual cost of the fees paid you to Mind & Body Therapy by the time of the complaint and at its sole discretion. This does not affect your rights under any applicable Consumer Protection Acts or rights. If you have a complaint against one of our therapists, please contact us as above and this will be taken very seriously. You may choose to refer such a complaint to the professional organisation to which we have membership.
8.2 Because of the nature of the payment system used on the Mind & Body Therapy Website(s), you accept that it is not possible for you to cancel any service you have embarked upon with Mind & Body Therapy; however, this does not affect your right to claim a refund.
8.3 In the event that you are unable to attend a Mind & Body Therapy real-time service session (i.e. chat, telephone or face-to-face) you will only be entitled to a refund of the fee if written (including by text or e-mail) has been received by Mind & Body Therapy up to 24 hours before any such appointment.
8.4 Mind & Body Therapy reserves the right to terminate the provision of therapy at any time if ongoing treatment is considered inappropriate for any reason. If so, Mind & Body Therapy will give a refund for any session that has not been responded to via email.
8.5 Mind & Body Therapy tried to be flexible with changing the time of sessions. However, repeated cancellations may result in charges for sessions.
9. Liability and Indemnity
9.1 Neither Mind & Body Therapy, or its associated companies (either in existence now or that might exist in the future), partners, agents, licensors, or delegates, or our or their directors, officers or employees (‘Relevant People’) will be liable for any losses, costs, liabilities or expenses (including, without limitation, loss of profit) (together ‘Losses’) incurred by you in connection with these Terms and Conditions (including, without limitation, any loss which may arise directly or indirectly from your inability to access either Mind & Body Therapy or Mind & Body Therapy Website(s) for any reason or for the failure of a transmission of information to you including, but not limited to, those that receive email.
9.2 The content provided and or sourced by Mind & Body Therapy, and provided to you or others on this site, via e-mail, courses, or any other medium, including, but not limited to that which is quotes, data and other information, is sourced from third parties for your personal information only, and is not intended for any other purpose. Content provided and or sourced by Mind & Body Therapy is not appropriate for the purposes of making any decisions with regard to your sexual health or your relationship(s). Any decisions taken by you whether or not based on any information, advice or comment made by Mind & Body Therapy is entirely yours. Online advice and therapy is not intended nor implied to be a substitute for professional medical advice nor is it an alternative to face-to-face therapy. The appropriateness and effectiveness of advice is based on open and honest communication between client and therapist. Working online in a text or cyber environment can mean misunderstandings are more likely. It is essential that both client and therapist commit to clear communication and a high level of clarification. The client can make no reliance on any advice, comment or information provided by Mind & Body Therapy, therefore. Nor is it not possible for Mind & Body Therapy to guarantee security and confidentiality of information when working via e-mail, though every effort will be made to do so (see Privacy Policy).
9.3 Whilst Mind & Body Therapy will endeavour to ensure the accuracy or timeliness of any information supplied, Mind & Body Therapy makes no guarantees in relation to these factors, and you should manage your use of Mind & Body Therapy and Mind & Body Therapy Website accordingly.
9.4 Neither Mind & Body Therapy nor its third-party service or content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. MIND & BODY THERAPY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OR TIMELINESS OF ANY OF THE CONTENT PROVIDED, OR AS TO THE FITNESS OF THE INFORMATION FOR ANY PURPOSE, REGARDLESS OF THE MEDIUM USED TO SUPPLY THIS CONTENT
9.5 Mind & Body Therapy does not guarantee the accuracy of or endorse the views or opinions given by or found in any third party content. Mind & Body Therapy may point to or refer to other Internet sites that it feels may be of interest to you; Mind & Body Therapy does not endorse or take responsibility for the content on such other sites. Mind & Body Therapy may provide content from other internet sites, and other third-party information sources including, but not limited to, printed material. However, Mind & Body Therapy does not endorse or take responsibility for the content sourced from third-party internet sites, third-party printed material or any information sourced from third parties of any kind.
9.6 You agree to indemnify Mind & Body Therapy, its associated companies, agents and delegates and its and their directors, officers, counsellors, and employees (each an ‘Indemnified Person’) against Losses incurred by us or in connection with these Terms and Conditions. This indemnity does not apply to any Relevant Person in so far as Losses result directly from the proven negligence, wilful default or fraud by such Indemnified Person.
9.7 Mind & Body Therapy does not guarantee the accuracy of or endorse the views or opinions given by its associated companies, agents, counsellors, and delegates and its and their directors, officers and employees (each an ‘Indemnified Person’)
9.8 In the event of any inconsistency between this Clause and any other Clause provisions of this Clause shall prevail.
10. Subscription services
10.1 Mind & Body Therapy may terminate any subscription to any of Mind & Body Therapy services with no notice, at any time, but will inform the subscriber of the cancellation at that time.
10.2 A fair usage policy applies to any ‘unlimited’ or other subscription model that may be offered by Mind & Body Therapy from time to time. The fair usage policy may, at Mind & Body Therapy discretion, be applied to users that ask more than the equivalent of 20 questions in any 30-day period. Mind & Body Therapy may entirely at its own discretion choose to terminate the subscription of any user consistently using the service more than this amount.
11. Termination
11.1 Mind & Body Therapy may terminate any agreement to which these Terms and Conditions apply by giving written notice to the other (which may be by text message or e-mail); such termination shall take effect immediately or after such periods as specified in the notice.
11.2 Mind & Body Therapy may at any time close an account, cease to offer any or all Mind & Body Therapy services or stop you from gaining access to Mind & Body Therapy Website(s) (and thereby any Mind & Body Therapy service offered there) for any reason at its sole discretion and without notice.
12. Notices
12.1 All notices or other communications (‘Communications’) may be given orally unless required to be given in writing. References to writing include electronic mail. Notice shall be deemed to be given where an electronic mail has been sent to a party at the electronic mail address or phone number that is entered under the registration form and updated from time to time.
13. Right to decline service
13.1 Mind & Body Therapy may from time to time decline to provide any or all of its services, either on a permanent basis, or in a single instance or instances in such cases as it sees fit solely at its own discretion and without warning or explanation. This will apply to, but will not be limited to, those requests that we believe to be inappropriate, outside the scope of our services, defamatory, illegal, offensive or in any way anti-social.
14. Amendment
14.1 Mind & Body Therapy may amend these Terms and Conditions, at any time by posting such amendments to Terms and Conditions on Mind & Body Therapy Website.
15. Intellectual Property Rights
15.1 You acknowledge that (other than information provided by you) the Intellectual Property Rights in and to Mind & Body Therapy and any rights to information, documentation, images and other material of whatsoever nature displayed on Mind & Body Therapy Website and/or emailed as part of an advice or therapy session are the property of Mind & Body Therapy and you shall assert no right, title or interest in or to any such materials.
15.2 Mind & Body Therapy is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from Mind & Body Therapy Website and/or information emailed as part of an advice, courses, or therapy session. You may only download to your personal computer for viewing purposes and print out a number of pages of this Website for your personal use. Republication or redistribution of Mind & Body Therapy content, including by framing or similar means, is expressly prohibited without the prior written consent of Mind & Body Therapy.
16. Governing Law
16.1 These Terms and Conditions are governed by New Zealand Law and you and Mind & Body Therapy submit to the exclusive jurisdiction of the New Zealand Courts for all matters arising in connection with those Terms and Conditions. Mind & Body Therapy controls its business from within the country of New Zealand. It can, however, be accessed from other places around the world. Although these places may have different laws from those of New Zealand, by accessing (website) and using any of Mind & Body Therapy services you agree that the laws of New Zealand, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of any and all Intimacy Counselling Website(s) and services. You and Mind & Body Therapy also agree to submit to the exclusive jurisdiction of the New Zealand courts, with respect to such matters. Users of Mind & Body Therapy services and sites, accessing from places outside of New Zealand acknowledge that they do so voluntarily and are responsible for complying with local laws.
Copyright © Mind & Body Therapy (2022). All rights reserved.
COMPLAINTS PROCEDURE
We always welcome comments about our service, whether positive or negative, so please do get in touch with us if there is anything that you would like to tell us.
All the therapists working for Mind & Body Therapy service comply with a strict code of ethics. To view these ethics please see the Code of Ethics page.
1. If you have any complaint about the professional conduct of your therapist, in the first instance, please contact Mind & Body Therapy putting ‘complaint’ in the subject box. Please provide as much information as possible and state your name. Your complaint will immediately be passed to our Owner. You will then receive a formal written acknowledgment of your complaint. The Owner will liaise directly with the therapist involved and investigate your complaint. Depending on the nature of your complaint, you may be contacted to discuss the matter. You will receive a written response within 4 weeks of Mind & Body Therapy receiving your complaint in writing. All complaints must be received within 6 months of them having