Terms and Conditions
Please note, we are not an emergency service. If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on this Services. You should dial 999 or 112 for emergency services, visit you local A and E or make an appointment to see your GP immediately.
Who we are
The Service (as defined below) is provided by The Insomnia Clinic, trading as The Insomnia Clinic LTD, a limited company, registered in England and Wales under company number 11039695 whose registered office address is 5 Brook Farm Court, Willoughby on the Wolds, Leics, LE12 6SL.
The terms “you”, “your” and “yours” when used in these User Terms means you as a User.
The Insomnia Clinic Service is a platform that provides sleep-related services including, but not limited to, connecting people with therapists for consultations online, face-to-face or via online course (the "Service"). More detail on the Service can be found below.'
When booking and participating in a session, you are entering into an agreement with the relevant therapist and not The Insomnia Clinic. The Insomnia Clinic is not a party to any agreement between you and any therapist and The Insomnia Clinic can accept no responsibility for therapists. By using the Service, you confirm that you understand and agree to use the Service on such terms.
The agreement that you enter into with therapists each time you book and participate in a therapy session is appended to these User Terms. Please read this carefully before booking and participating in any sessions.
In order to use the Service, you need to provide us with some details. As a minimum, you will need to provide us with your name, email address, the type of condition to be addressed by the therapist and your preferred meeting method.
You must be at least 18 years of age to use the Service, and be using the Service for yourself, or in order to facilitate treatment for somebody in your care. If you are using the Service on behalf of somebody who is under 18 years of age, does not have the capacity to enter into legal relations or is otherwise incapable of using the Service without assistance from another person (for instance, due to a disability or impairment), then you warrant that you have either the authority, or their explicit consent, to use the Service in an administrative capacity on their behalf. In this case, you enter into these User Terms with The Insomnia Cliic on behalf of your dependant and these User Terms will apply to you. You will also procure that the person on whose behalf the Service is used, and who attends the sessions, will also comply with these Terms and the Therapist/User Agreement.
Using the service.
To use the Online Service for 1:1 sessions, you will need a device that is capable of accessing the Internet (such as a laptop, desktop, phone, tablet).
3.2. Finding and Booking sessions
The platform will allow you to search for therapists in your area using location search criteria. The platform will suggest a number of relevant therapists based on your search criteria. You are then able to email The Insomnia Clinic to request a face to face or online session. You are able to request a telephone call with The Insomnia Clinic to discuss your options. Any request you make to attend a session will only become binding upon you and the therapist when the booking of the session is confirmed.
3.3. Communications with therapists
You understand and agree that any user/therapist relationship developed between you and any therapist as a consequence of the use of the The Insomnia Clinic Service should continue to be conducted via the The Insomnia Clinic platform via your therapist. All communications, bookings and transactions must be conducted through The Insomnia Clinic booking platform.
Messages which you send to The Insomnia Clinic will be forwarded to therapists via email so that they are able to get in touch with you. Your first name will be disclosed in messages to therapists, and both you and the therapist will receive decrypted messages. Messages are decrypted in order for The Insomnia Clinic to provide contextual support for administrative purposes and improvement of the Service (for example, suggestion of booking times). Aggregate data (in relation to which individuals will not be identifiable) may be collected for statistical and analytical purposes. Messages are not decrypted for any other purpose. Messages between you and the therapist will not be vetted by The Insomnia Clinic for purposes related to your health and safety. To the extent permitted by law, The Insomnia Clinic will have no liability with respect to the contents of any message sent by you or by the therapist.
3.4. Participating in sessions
Therapists are responsible for the content of their sessions. Although therapists have been trained in Cognitive Behavioural Therapy for Insomnia and attend regular supervision as per the guidelines of their accrediting body, we do not vet the content of their individual sessions, their methodology, techniques or therapeutic approach. We can accept no responsibility or liability in respect of the sessions provided by therapists.
Following your participation in a session, you may provide private feedback regarding the therapist to The Insomnia Clinic. This feedback will not be published on the platform, but may be used internally by The Insomnia Clinic to assess a therapist's performance. You agree to be honest in your feedback.
You agree that you will not record any sessions.
3.5. Your Health
You are responsible for ensuring that you are fit to undertake therapy. The CBT-i programme is designed for those suffering with sleep problems and who may have mild to moderate mental health problems. If you are in danger, need emergency help or are considering actions that could harm you or others, you should not rely on the Services. You should dial 999 or 112 for emergency services.
The advice or information provided by a therapist, prior to or during a therapy session, cannot be considered a substitute for examination by a medical doctor. You are advised to exercise a high level of care and caution in the use of the Service.
You must not participate in any activities which you have been told are not suitable for you.
All therapists listed on the platform have confirmed to us that they are licensed, accredited or registered (as the case may be) with an accrediting body (including BACP, UKCP, BABCP, HCPC, COCSA, BPC, CPSRT, NCS or any other body we may deem appropriate from time to time). As a minimum, The Insomnia Clinic requires such accrediting bodies to be registered with the Professional Standards Authority, with the exception of the BABCP. Other than receiving this confirmation, we do not vet therapists or their sessions in any other way.
You understand and agree that although an accredited therapist may have been contacted through the The Insomnia Clinic Service, we cannot predict or assess the competence of any therapist or their appropriateness for your individual needs. The Insomnia Clinic does not make any representation or guarantee as to: (a) any therapist or their service (whether through the platform or not); (b) any information regarding the therapist, including but not limited to the information included on their profile; (c) a therapist's availability and responsiveness on the platform; (d) the relevance and usefulness of a therapist's advice or sessions; or (e) success of the sessions or treatment.
You take full responsibility for the decision to contact and/or attend a session with a therapist. The Insomnia Clinic is strictly limited to providing access to such therapists for your consideration.
Every therapist has a profile page on which you can view their information.
5.1. The Insomnia Clinic is an Agent
When you book a session, you enter into a contract with the relevant therapist to receive services from the therapist (and The Insomnia Clinic just connects you with the therapist). The Insomnia Clinic provides a booking and confirmation system for therapists which enables therapists to book in sessions, request payment, record notes and send reminders to the users.
Therapists set the price for each session.
When you pay for a session, we collect these fees on behalf of the therapist.
The Insomnia Clinic will in most cases receive a commission from the therapist for connecting you with that therapist and providing a booking system.
5.2. Payment methods
You may pay for sessions using credit/debit card and certain other online payment processors. Upon booking you will receive a invoice link via email for payment.
If (i) a therapist cancels a session within 48 hours of a session start time; (ii) a therapist is more than 20 minutes late for a session; or (iii) a therapist does not perform a scheduled session for which you have paid; or (iv) you have any other concerns about a therapist, please let us know by emailing email@example.com
If we find that the therapist has (i) cancelled the session within 48 hours of a session start time; (ii) turned up more than 20 minutes late for the session; or (iii) not turned up at all, you will have the option of requesting a refund for that particular session or rescheduling a session with that therapist for a later date. The Insomnia Clinic will review your request and grant refunds at its discretion. In the case of a refund requested for any reason other than those set out in (i) to (iii) above, The Insomnia Clinic reserves the right to grant or deny the requested refund at its sole discretion. Any refund will be paid via BACS transfer.
If you wish to cancel a session, you must contact your therapists using the contact details provided on the confirmation email. You may contact them via email or phone. If you cancel at any time up until 48 hours before the start of the session, you will be eligible to receive a refund minus a £10 administration fee. If you cancel after this time, you will be charged in full for the relevant session.
5.4. Other Important Payment Information
You will be charged in the currency as indicated when you book a session.
We are not responsible for any additional fees your bank or payment provider may charge whether for payments, refund or otherwise.
We take great care to the keep website transactions secure. Card processing is carried out by trusted third party payment providers on our behalf. We also have strict security procedures regarding the storage and disclosure of information.
No matter how much protection we have on the site, the security of information and payments over the internet cannot be guaranteed. We shall under no circumstances be liable for any losses incurred or sustained by users who transmit information by email or other internet link.
6. Suspension or Termination of your Account
We reserve the right, acting reasonably, to immediately suspend or terminate your account if:
you breach these User Terms;
information you have provided (whether during the sign up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these User Terms;
you are in breach of any applicable law or regulation, or send material which is defamatory, abusive, obscene, discriminatory or otherwise inappropriate;
when using the Service, you infringe any intellectual property rights belonging to us or a third party;
you violate any The Insomnia Clinic user's privacy (or those of a third party);
you use the Service for any purpose not expressly permitted by these User Terms;
it comes to our attention (via a therapist or otherwise) that, whilst using the Service, you acted or are acting inappropriately or in an unsafe manner; or
you have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your account.
If we suspend your account, you will not be able to book or participate in any sessions during any period of suspension. If we terminate your account, you will no longer be able to log in to the Online Course Service and will not be able to book or participate in any sessions. If we terminate your account under this clause 7, we are not obliged to refund any monies paid or pre-paid by you. In the event that we do refund any monies to you, you will be liable for any charges administered by your bank or payment provider.
You acknowledge and agree that your therapist may share information about you and your participation in their sessions with us to the extent necessary for us to monitor your compliance with these User Terms. Therapists may report you to Timewith if they believe you are acting inappropriately, acting in an unsafe manner, or are otherwise acting in a way which is in breach of these terms.
7. Complaints and Reporting.
If you have any concerns about a therapist or their sessions, then do not participate in their sessions. You can report them to us by emailing firstname.lastname@example.org. Following submission of any report, we may contact you for further information.
Users should make their own enquiries of prospective therapists and satisfy themselves as to their credentials. We do not endorse or approve any therapists (or their employers, if relevant). We make no representations as to, and do not warrant the accuracy of, any therapist details. You may be able to check a therapist's accreditations via any relevant governing bodies or training providers.
We cannot be held responsible for any errors in, and do not accept liability for reliance placed on, the contents of the site (including content linked from or uploaded to therapists' profiles) and/or any omissions which may occur.
While we use every effort to ensure that the website remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the website.
Nothing in these User Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the website, or use of or reliance on any content displayed on the website.
In particular, we will not be liable for:
any injury or damage caused by your failure to inform your therapist of any health condition or injury, your failure to undertake therapy safely or your failure to act in accordance with any reasonable instructions from your therapist;
any actions or omissions of therapists;
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
9. Other Conditions.
9.1. Variation of these User Terms
We reserve the right to amend these User Terms from time to time. By continuing to use the Service after these User Terms have been updated, you accept and agree to such updated terms.
We may assign the benefit of these User Terms and our rights thereunder to a third party on notice to you. Your rights under these User Terms will not be prejudiced. You may only transfer your rights and obligations under these User Terms if we agree in writing.
If any provision of these User Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of these User Terms.
9.4. No waiver
Any waiver of any right under these User Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under these User Terms or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy.
9.5. Entire agreement
These User Terms (as amended from time to time), along with any document expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these User Terms.
9.6. English Law
These User Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and you irrevocably submit to the exclusive jurisdiction of the courts of England.