Healthy Minds Club CArdholder Agreement
In these terms and conditions, ‘HMC’, ‘we’ and ‘us’ means Healthy Minds Club Limited (company number 12934047), whose registered office is at 15 Market Street, Standish WN6 0HW.
These terms and conditions describe the basis for the use of our Gift Cards and our role as your agent in introducing you to independent third-party positive mental health experts for your use described on this website (‘our Website’).
Formation of agreement
HMC is in the business of facilitating and promoting positive mental health services and expert sessions (‘Expert Sessions’) to businesses and their staff exclusively on an agency basis, thereby creating greater opportunities for more productivity in the workplace and a happier, more balanced working environment. The use of our gift cards, and our services to facilitate your participation in Expert Sessions, are subject to these terms and conditions.
We operate a digital gift card payment scheme for all Expert Sessions (‘Gift Cards’), and if you are the holder of one of our Gift Cards you may redeem it through our Website in place of other methods of payment to purchase Expert Sessions from your chosen third-party expert (‘your chosen third-party Expert’). In the event that the cost of the Expert Sessions exceeds the value of the Gift Card, you should make the additional payment to HMC via the Website.
Our agreement to act as your agent to introduce you to prospective third-party positive mental health experts, with whom you contract directly and separately from us, and our facilitation of the redemption of our Gift Cards in exchange for such Expert Sessions, is made on the basis of these terms and conditions when we accept your registration of our Gift Card through our Website. This agreement between us is referred to in these terms and conditions as this ‘Agreement’.
It is a condition of this Agreement that you consent to participate in a survey at the end of your experience with your chosen third-party Expert, and in consideration of such consent on your part we shall facilitate introductions to prospective third-party positive mental health experts in the appropriate field and redeem the cost of such Expert Sessions against the value of the Gift Card/s you hold in accordance with this Agreement.
Registration
During the redemption and booking process, you register the Gift Card on our Website, and this constitutes your acceptance of the terms and conditions set out in this Agreement. We reserve the right to decline to process a request for Expert Sessions for any reason whatsoever, but such requests are generally accepted if a valid Gift Card is available, the request reflects current pricing and you are based in the United Kingdom. We will confirm receipt of your request for Expert Sessions through our on-screen confirmation of your request, which will also be sent to you by email at the address you provide. If a request for a booking for Expert Sessions cannot be fulfilled for any reason, we will promptly credit back your Gift Card. Gift Cards are not exchangeable for cash. Duplicate requests for Expert Sessions are sometimes inadvertently placed and, if you know or suspect that you may have placed a duplicate request, you should contact us immediately for further instructions.
Redeeming Gift Cards
Unless we specify otherwise, all available dates provided for any given Expert Sessions are estimates of availability only, and subject to confirmation by your chosen third-party Expert, and we shall not be held liable in any way for any changes in schedule. It is important that you give us a valid email address and tell us of any changes to it. Please check your junk mail folder if you do not hear back from us when expected.
All Gift Cards carry a unique serial number which must be quoted when dealing with us, and must be kept safely and securely. Gift Cards are activated on our Website whereupon your chosen third-party Expert is automatically and securely sent the personal details you submitted when redeeming your Gift Card. It is a condition of this Agreement that any and all of the personal data you submit to us, including Special Categories of Personal Data, is securely communicated to your chosen third-party Expert for the purpose of assessing your needs, and of fulfilling your requirement for Expert Sessions, for which you will be required to provide your express opt-in consent on our Website at the time of redemption.
Gift Cards are not replaceable if lost or identifying data misplaced, and we cannot accept responsibility for any loss you may incur as a result of theft, impersonation or identity fraud. Your Gift Card must be registered on the Website before its stated expiry date, but your Expert Sessions may be at any time within 6 months thereafter.
Data protection and privacy
Please see our Privacy Policy https://www.healthymindsclub.com/privacy for full details of how and why we process your personal data.
International users
The content of our Website is directed solely at those who access the site from the United Kingdom. All prices shown on our websites are in GBP and all transactions are conducted in GBP. If making any payment in a foreign currency, you may be charged fees by your bank to process the transaction. These fees are in addition to any prices due for your Expert Sessions and are beyond our control.
Access to our Website and content
We are continually improving our Website and adding to Expert Sessions available so changes may be made at any time. We shall use reasonable commercial endeavours to keep our Website up to date but information and specifications given are for your information only and are subject to change without notice. We will endeavour to allow uninterrupted access to our Website, but access may be suspended, restricted or terminated at any time without liability.
Descriptions, formats and timings
Expert Sessions descriptions, formats and timings given on our Website and in any other literature are only intended to present a general idea of the Expert Sessions; they are for your information only and shall not be considered binding. In particular, photographs are for illustrative purposes only. We cannot be held responsible for descriptions by or on any third party, supplier or third-party Expert on their own website or otherwise. Details of Expert Sessions offered are correct at the time of publication but may change or be withdrawn for reasons beyond our control. As we facilitate Expert Sessions with a wide number of Experts, details such as session lengths, itineraries, equipment used and numbers of participants may vary from location to location. Most Expert Sessions will be “open” meaning that other members of the public may be present at the practice. All sessions will be at least one therapeutic hour (minimum 50 minutes).
Variations
Please note that third-party positive mental health experts reserve the right to alter any part of the Expert Sessions. Expert Sessions may occasionally be withdrawn for reasons outside of our control, and we cannot be held liable for any costs incurred as a result of this. Should this occur, you will be advised and offered the opportunity to exchange your Gift Card for one with the same face value. If alternatives are not available, no refunds can be offered but a Gift Card for the same value will be offered. Please see ‘Cancellations’ below for further information.
Expert Sessions availability
You are free to book your preferred date within the Gift Card validity period (as defined below), subject to availability, as stated on the face of the Gift Card. Expert Sessions are subject to availability and, in some cases, may be subject to weather conditions (if the Expert Sessions are weather dependent, e.g. personal training outdoors, we advise telephoning your chosen third-party Expert before you set out to confirm that the event will take place). To avoid disappointment, we recommend that bookings for Expert Sessions are made well in advance, especially during peak periods, although some third-party Experts may occasionally be able to fit in bookings for Expert Sessions at short notice. We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your Expert Sessions booking direct from the third-part Expert. Please see "Validity" and "Extensions" below for further terms and information.
Expert Sessions restrictions
Some Expert Sessions may be subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary depending on your chosen third-party Expert. This may not be clear until you speak to your chosen third-party Expert. If your chosen third-party Expert is unable to complete sessions with you, your Gift Card will be refunded for the time period you spent with the Expert on a pro rata basis in increments of 10 minutes. Details of these restrictions are available via our Website, please visit https://www.healthymindsclub.com/mygiftcard. It is your responsibility to ensure that you choose a third-party Expert appropriate to your personal needs, requirements and conditions and it is your responsibility to double check that any restrictions are not prohibitive. If you are unsure of the suitability of any treatments for your needs, please contact us for further information.
Prices
We reserve the right to vary the prices of Expert Sessions, which may result in prices differing from the value on the face of your Gift Card.
Value added tax (VAT)
Prices shown include VAT when and where applicable.
Security
Gift Cards are valuable digital documents and cannot be replaced if they are lost, corrupted or stolen and are invalid if digitally altered or tampered with. We can accept no liability in these circumstances.
Validity
All Gift Cards are typically valid for 18 months from date of issue unless otherwise stated in the product information or stated on the front of the Gift Card (the ‘Validity Period’). Expert Sessions must be booked following the recommended booking lead time guidance and undertaken prior to the expiry of the Validity Period.
Extensions
If you cannot attend your Expert Sessions or fail to order them within the Validity Period, and provided an extension is processed within 4 weeks following the expiry of your Gift Card’s Validity Period, you may be able to extend the Validity Period if we still list the Expert Sessions as being available upon request to us in writing.
If your Gift Card and the price of your chosen Expert Sessions has increased you will be required to pay the difference between the new price and the price stated on your Gift Card to your chosen third-part Expert after completing an extension. Some Gift Cards cannot be extended. Unless otherwise specified, these include Gift Cards whose Validity Period has expired more than 4 weeks prior to the extension request, and Gift Cards for Expert Sessions that are no longer available on our Website (although such Gift Cards may be exchanged for alternative, valid Expert Sessions and then extended).
Exchanges
Most Gift Cards issued by us are flexible. If you want to exchange your Gift Card this is what you need to know:
• You can exchange your Gift Card for any other Expert Sessions; however, some restrictions may apply.
• If your exchange is for a Gift Card which is more expensive than your original Gift Card, you will be required to pay the difference.
• If your exchange is for a Gift Card which is less expensive than your original Gift Card the difference will be held as a credit to use against any future Expert Sessions up until end of the Validity Period of your original Gift Card and is non-refundable and cannot be used towards any administration fee where applicable.
• The Validity Period of the exchanged Gift Card will be calculated from the redemption date of the original Gift Card.
• To request an exchange of Gift Card, please contact us at hello@healthymindsclub.com.
Third-party Experts
We have contracts in place with various third-party Experts regarding their standard of care and professionalism, and where appropriate, they have confirmed they are registered with their relevant controlling or regulatory bodies. Once a booking has been made with your chosen third-party Expert, you are bound by the terms and conditions of that third-party Expert. By redeeming a Gift Card in exchange for Expert Sessions, you acknowledge firstly that all Expert Sessions are with your chosen third-party Experts for which we can accept no responsibility or liability of any kind whatsoever; and secondly that such Expert Sessions are dependent on certain factors beyond our control and agree that we are not liable for the cancellation, postponement or alteration of any Expert Sessions for reasons beyond our reasonable control (including but not limited to weather-related reasons, mechanical failure, location changes or otherwise). Please note that Expert Sessions may be subject to change without notice. This does not affect your statutory rights. Please also note that HMC acts as an agent, connecting third-party Experts with cardholders. For this service HMC charges the third-party Experts a 50% booking fee of any session booked via our website.
Expert Sessions:
Problems on the day
We welcome your feedback on Expert Sessions. If you encounter a problem on the day, please immediately bring it to the attention of your chosen third-party Expert so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please contact us by email at hello@healthymindsclub.com within a week (providing your Gift Card serial number, your own name and venue and chosen third-party Expert’s details, including who you spoke to on the day) and we will be happy to take the matter up with your chosen third-party Expert on your behalf. Please note that your chosen third-party Expert will have the opportunity to investigate and respond.
Complaints and the Online Dispute Resolution Platform
If you have any other complaint, please email us at hello@healthymindsclub.com and we will seek to resolve your complaint in line with our internal complaints handling procedure. Please contact us if you view this procedure. If you are not happy with how we have dealt with your complaint, you may be able to refer the matter to the European Online Dispute Resolution Platform ("ODR Platform") which is available at https://ec.europa.eu/consumers/odr/. The ODR Platform is managed by the European Commission and is dedicated to helping consumers and traders resolve their disputes regarding online transactions out-of-court. Please visit https://ec.europa.eu/consumers/odr/ for further information about the ODR Platform and alternative dispute resolution services which may be available. Alternative dispute resolution services are services where an independent body considers the facts of a dispute and seeks to resolve it, without the customer having to go to court.
Cancellation by your chosen third-party Expert
If any Expert Sessions are cancelled by your chosen third-party Expert either before or on the day of your appointment due to circumstances beyond their control, your chosen third-party Expert will arrange to re-book you at a mutually agreed time. In the event, we cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs you incur.
Cancellation by you
Once a booking is made with your chosen third-party Expert you can cancel up to 48 hours before it is scheduled to take place. If you fail to (a) notify your chosen third-party Expert or (b) rebook up to 48 hours before your session, then it shall not be refundable. You are bound by your chosen third-party Expert’s own separate terms and conditions. Make sure you understand the practice rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered by us in the case of infringement of these rules. We may at our sole discretion decide to provide a replacement Gift Card in the event of cancellation by you owing to circumstances beyond your control (for example, a cardholder being incapacitated).
Liability cover
All UK practices contract with us to indemnify our Gift Card holders against damage to equipment they use, and against liabilities to third parties, subject to limits set out in and compliance with the practice’s own rules, terms and conditions, which may vary between practices. Due to our legal status as an agent, whilst we have no responsibility or liability to you whatsoever in relation to claims arising out of any Expert Sessions we facilitate, we do nevertheless hold cover, subject to terms and limits, for contingent liabilities arising at the various practices which we may elect to call upon where we deem it necessary.
Liability of HMC
We shall be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it would happen.
We do not exclude or limited in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to Gift Cards provided by us.
We market and promote Gift Cards for personal, domestic and private use only. If you use Gift Cards for any commercial, business or re-sale purpose, any such use would be unauthorised and we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity or otherwise.
Unless otherwise specified in this Agreement, our aggregate liability to you in connection with this Agreement shall not exceed the value of the Gift Cards redeemed by you on our Website.
Third parties and re-sale
A person who (i) is not recorded as the party who redeemed a Gift Card on our Website; (ii) has not redeemed a valid Gift Card in exchange for the payment of Expert Sessions with one of the practices listed on our Website; or (iii) has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, shall have no rights or entitlements whatsoever under this Agreement.
A Gift Card which has been re-sold (for example, through internet auction sites or by any other means) without our prior express written consent will be considered invalid. Neither we nor any of our third-party Experts will be under any obligation to provide any service in respect of re-sold Gift Cards sold without our prior consent.
Intellectual property
The copyright in the material contained in our Website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including apps) belongs to HMC, its subsidiaries or the providers of such materials. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. Other product and company names (if any) mentioned on our Website may be the trademarks or registered trademarks of their respective owners.
Severance.
Each of the paragraphs and sub-paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect.
Statutory rights
These terms and conditions do not affect your statutory rights as a consumer.
Governing law
These terms and conditions shall be governed by and interpreted in accordance with English law. HMC and you submit to the exclusive jurisdiction of the English courts.
General
Any Expert Sessions which we consider in our sole opinion to be defective, deficient or substandard may give rise to a Gift Card credit to you, again at our sole option, provided that you make any such request and set out the circumstances of your claim to us in writing within 7 days of the date of any such Expert Sessions. In such an event, where you have made any additional payment to your chosen third-party Expert, and we elect to refund you, we shall do so via the same mode of payment you used to make direct payment to the relevant Expert.
All the clauses and sub clauses in this Agreement are independent of each other. If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right, on a later occasion. These terms & conditions are subject to change. Any changes we make to these terms in the future will be posted on this page. Please check back frequently to see any updates or changes to these terms.
Dated: 29th March 2021. These supersede all previous terms and conditions.