Terms & Conditions
In these terms and conditions, ‘HMC’, ‘we’ and ‘us’ means Shirley Rose in partnership with Healthy Minds Club Limited (company number 12934047).
These terms and conditions describe the basis for the use of our Club Membership and our role as your agent in introducing you to independent third-party positive mental health experts, products & services 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’), products & services (‘Products & Services’) to individuals, 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 Membership (‘Membership’), offering access to our Experts, Products & Services, and Shirley Rose's support and services are subject to these terms and conditions.
We operate a personalised Healthy Minds Club Membership (‘Membership’) named here as the Shirley Rose Spiritual Tribe, and if you are a Member (‘Member’) of the Healthy Minds Club, you may access our Experts, Products or Services on the Healthy Minds Club website in line with your Membership Credits, in addition to services provided by Shirley Rose herself. In the event that the cost of the Expert Sessions, Product or Services exceeds the value of the Membership Credit, you should make the additional payment to HMC via the Website. Gift Cards can be used to pay for Membership subscription fees and/or redeemed as a Membership Credit to use on the Website.
Our agreement to act as your agent to introduce you to prospective third-party positive mental health experts, products & services, is made on the basis of these terms and conditions when we accept your registration as a Member through our Website. This agreement between us is referred to in these terms and conditions as this ‘Agreement’.
Registration
During the sign up process, you register as a Member on Website, and this constitutes your acceptance of the terms and conditions set out in this Agreement. Dependent on the Membership plan you choose, this also constitutes your acceptance of the monthly fee to be taken for the term of 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 payment via a Gift Card, Membership Credit or additional payment is made, 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 Membership Credit. Membership Credits 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 Membership Credits
Unless we specify otherwise, all available dates provided for any given Expert Sessions (except Shirley Rose session unless they are offered in the defined Membership Tier) 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.
Redemption of other Products & Services are subject to the availability, terms & conditions provided by them to you upon product redemption. If an item is out of stock or a request cannot be fulfilled for whatever reason then we will promptly credit back your Membership Credit.
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 sign up.
Membership Credits can roll over every month for a period of up to 12 months. After 12 months all previous credits will no longer be available and Membership Credits will only be topped up in line with the credits purchased via each Membership Plan, or via Gift Card redemption in exchange for Credits on an equal face value basis.
Membership Credits cannot be used for 1:1 sessions with Shirley Rose unless stated in the membership tier upon subscription. For Membership Subscriptions with Shirley Rose where 1:1 sessions are included, sessions must be booked and used within that month, or access to that session is lost and no longer valid.
Subscription Term All Membership subscriptions are for a minimum 12 month period. Following that period, the contract is automatically renewed on a month by month basis.
Downgrade After the first day of the 11th month you will have the option to downgrade your plan with 30 days notice by contacting our customer services team via hello@healthymindsclub.com.
Unused Credits After 12 months any remaining credits will be lost. Healthy Minds Club reserves the right to roll over credits on a case by case basis if a membership is renewed.
Termination After the first day of the 11th month you have the option to terminate the agreement with 30 days notice by informing our customer services team in writing via hello@healthymindsclub.com. Following the termination the billing and user access will be switched off 30 days later.
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
Experts, Products & Services, 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 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-party 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.
Product & Service Delivery All Products and Services offered via the Healthy Minds Club Membership are subject to separate service level agreements with each Provider Partner. These terms and conditions regarding product description and delivery will be noted in each product description. Healthy Minds Club will not be re credited unless Healthy Minds Club has a reasonable time to follow up with the Provider Partner. We reserve the right to re Credit if the Member has not received their Product or Service within 30 days of request via hello@healthymindsclub.com.
Some products and services offered in the Shirley Rose Tribe Membership will be delivered outside of the Healthy Minds Club platform such as email or social media channels. Delivery of these services sits with Shirley Rose and Healthy Minds Club is not liable for delivery of these services to you.
Prices
We reserve the right to vary the prices of Experts, Products & Services, which may result in prices differing from the value of your Membership Credit.
Value added tax (VAT)
Prices shown include VAT when and where applicable.
Security
Membership accounts are protected with account validation and secure password set up on our platform. Healthy Minds Club will not be held responsible for fraudulent parties accessing Membership Accounts and spend of credits, without evidence that this was not the registered Member. Each issue will be investigated by the Healthy Minds Club customer service team via hello@healthymindsclub.com and will inform Members of the outcome within a 30 day investigation period.
Exchanges
If you want to exchange your Expert, Product or Service some restrictions may apply.
- If your exchange is for an Expert, Product or Service which is more expensive than your original order, you will be required to pay the difference.
- Product exchanges will require Members to pay for the return postage costs to the delivery source
- To request an exchange of an Expert, Product or Service, please contact us at hello@healthymindsclub.com.
If your membership includes a 1:1 session with Shirley Rose, no exchanges are available for these sessions.
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.
Third-party Partners We have contracts in place with various third-party partners who provide Products & Services to us. These contracts cover their obligations to fulfil product descriptions provided by them, fulfil orders within a defined service level, provide reports on the status of those orders and inform us up front of any delays impacting our Members. Partners are also taken through substantial due diligence to ensure that they can fulfil their obligations, have good quality products or services, a good reputation and are financially viable. Please note that Products or Service 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 Partner an average commission of 30% for orders placed on our Website.
Affiliate Partners Where our members are directed to another website, an affiliate agreement will be in place which means that Healthy Minds Club obtains a commission from directing traffic to this website. This means that the contractual relatonship on any purchases or services procured remain between you and the partner. Healthy Minds Club holds no liability for services provided by these affiliate partners. However please note that we will have also conducted due diligence on the quality of their products & services, qualifications their experts have and that they also have correct insurance in place.
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 Members 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 (including sessions provided by Shirley Rose), sale of Products or Services, 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 limit 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 Memberships provided by us.
Unless otherwise specified in this Agreement, our aggregate liability to you in connection with this Agreement shall not exceed the value of the Membership fees paid for by you on our Website, or on behalf of your Employer.
HMC is not liable for the delivery or quality of service provided to you by Shirley Rose.
Third parties and re-sale
Under no circumstances can a Membership be shared or given to another User. Usage restricted to the Member User who created the set up directly or via their Employer. Any additional member users will require a separate membership and will be invoiced as such.
Employers or distributors who want to resell our Membership will do so under separate terms & conditions aligned with a documented Commercial Proposal.
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, Products or Services which we consider in our sole opinion to be defective, deficient or substandard may give rise to a Membership 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 or receipt of a Product or Service. In such an event, where you have made any additional payment to your chosen third-party Expert, Product or Service, 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, Product or Service.
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: 25th November 2022. These supersede all previous terms and conditions.