Platform Terms of Use (OLD)

Platform Terms of Use (OLD)

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Version last updated on 06.07.2021

1. The Oliva Platform

Unless otherwise defined in context, terms in this document shall have the following meanings:

Terms & Definitions

Accountmeans all session notes, personal information and other details provided by you as part of accessing or using the Platform.
Employee or you
means a person who is entitled to access the Platform and use the Services under an Employer’s agreement with Oliva or anyone else who access the Platform and or uses the Services.
Manager
means an Employee who has been defined as a Manager by the Employer and to whom Oliva provides specific Services (as defined below).
Oliva or we
means Oliva Health Ltd, the owner and operator of the Platform with registered officeEvolution House, Iceni Court, Delft Way, Norwich NR6 6BB 34b York Way, London N1 9AB, United Kingdom and company registration number 13045706.
Employer
means an organisation which agrees with Oliva to make the Services available via the Platform to people who have an employment relationship with that organisation
Platform
means the websites and software at https://www.oliva.health https://olivahealth.app and at any other associated website locations, and the services available through them.
Mental Health Professionals
includes, but is not limited to, consultant psychiatrists, therapists, counsellors, psychological wellbeing practitioners, coaches and psychologists who provide Support in the form of mental healthcare guidance, counselling and therapy services.
Services
means the services which Oliva provides through the Platform, being; 1. the facilitation of electronic communications with Professionals; 2. the provision of electronic session scheduling, rescheduling, cancellation and reminders; 3. the provision of electronic assessments to obtain the necessary background information and match you with a Mental Health Professional; 4. the storage of session notes; 5. the provision of other information about Oliva and our products and services. 6. Emotional intelligence training for Employees who have been defined as a Manager For the avoidance of doubt, it does not mean the provision of health care or medical services. The Platform is a technology platform that facilitates interactions between Employees and Professionals.
Terms
the terms and conditions set out in this document.

Please read these Terms carefully as they govern the use of the Platform by you.

You are entitled to visit and access the Platform and use the Services under your Employer’s agreement with Oliva.

By visiting or accessing the website, Platform or using the Services, or otherwise affirmatively manifesting your intent to be bound by these Terms, you confirm your acceptance of these Terms and our Privacy Policy. If you do not understand, or do not agree to, any aspect of these Terms you are not authorised to access the Platform or use the Services, and you should cease all use of them.

These Terms will form a contract between you and Oliva from the point at which you accept the Terms, until they are brought to an end in accordance with these Terms.

We may update these Terms from time to time to make them clearer or to reflect changes in law or practice. If we do that, we will notify you through the Platform. If you do not agree to the changes made to the Terms, then you have the right to stop using the Platform. If you continue to use the Platform after the date the changes have been posted, we will infer that you accept the amended Terms.

These Terms shall apply to the exclusion of any other terms and conditions referred to, proposed by or relied on by you, whether in negation or at any stage in the dealings between Oliva and you.

2. There are other terms that may apply to you

As well as these Terms, the following additional documents may also apply to your use of the Platform:

Our Privacy Notice and Cookie Policy which can be found on our website (https://www.oliva.health), sets out the terms on which we process any personal data we collect from you, or that you provide to us. It also sets out information about the cookies on the platform and our website. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.

Our Feedback and Complaints Policy which can be found on our website (https://www.oliva.health).

3. Operation of the Platform

Oliva is an online platform. Through the Platform, we provide the Services.

Oliva is not a healthcare provider or a provider of medical services. Oliva is a technology platform that facilitates interactions between Employees and Mental Health Professionals.

Most of the Professionals who you may access through the Platform are not doctors. You should never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of your use of the Platform. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR 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.

No information which you access on the Platform should be relied on by you, or be construed by you, as being medical advice. Although Oliva seeks to ensure that all information contained on the Platform is accurate and reflects best practice, Oliva IS NOT RESPONSIBLE FOR ANY ACTION THAT EMPLOYEES TAKE OR DO NOT TAKE AS A RESULT OF INFORMATION GIVEN THROUGH THE PLATFORM. What Employees choose to do with the information given through the Platform is their choice. In other words, your reliance on any information is at your own risk.

Oliva is not responsible for the services provided by the Professionals through the Platform

4. How to contact us

You can contact us by emailing our customer service team at hello@oliva.health.

5. How we may contact you

If we have to contact you we will do so through Slack, the Platform, telephone, text messaging or by writing to you at the email address linked to your Slack account.

When we use the words writing or written in these terms, this includes emails.

6. Mental Health Professionals on the Platform

Mental Health Professional's qualifications. All Mental Health Professionals available through the Platform have represented to us that they have degrees, diplomas, licences and/or certifications in the areas of psychiatry, psychology, psychotherapy, marriage and family therapy, counselling and similar disciplines to the extent that those areas are relevant to their practice.

Oliva performs checks of Professional credentials. Oliva performs checks to confirm the credentials of all Professionals, confirms that they are registered with their respective professional bodies, obtains evidence of qualification certificates, and requires a DBS with barring (Disclosure and Barring Service) check and two references. However, Oliva is not responsible for credentialing Professionals, makes no representation regarding the accuracy of Professionals’ credentials, and (to the extent permitted by law) expressly disclaims any liability for fraudulent credentials or claims by the Professional.

Oliva carries out annual checks of Professional credentials. Oliva re-checks the expiring credentials of Professionals, and aims to do so every 12 – 18 months.  However, it is possible that changes in your Professional’s professional status could occur between the time we perform a credential check and the time you start working with the Professional that you are matched with.  We require Professionals to inform us of any changes in their status, and if it comes to our attention that there has been a change in status, we will take appropriate steps.

7. Working with a Professional through the Platform

Length of consultation. Mental Health Professionals will commit up to an hour of their time for each session.

Legal status of Professionals.  The Mental Health Professionals are either independent third party contractors, consultants or employees of Oliva. Each Mental Health Professional provides their services direct to you, and owes you a duty of care in accordance with their regulatory obligations.  Each Mental Health Professional  is responsible for obtaining your informed consent to any help or guidance, (including your consent to use online health services in the course of any consultation they conduct through the Platform). This consent will be obtained verbally in line with the Mental Health Professionals professional standards.

The Mental Health Professional will rely on information that you give to them. The Mental Health Professional will use the information you provide including the outcomes of any assessments you undertake on the Platform, to inform the Support they provide you with. It is, therefore, very important that you give all relevant information to your Mental Health Professional in order that they apply the appropriate standards of care.

We may need to contact you to cancel or reschedule sessions. On occasion a Mental Health Professional may need to cancel a confirmed session. We will notify you of this as soon as possible. If this occurs you will be able to schedule a new session through the Platform.

Availability of the Mental Health Professional. If the Mental Health Professional providing you with Support is no longer available through the Platform, we will seek to match you with another Mental Health Professional who can provide you with Support.

Use of observation and video recordings for quality and accreditation purposes. Oliva does NOT observe or record sessions as standard. However, in order to monitor the quality of our Professionals and for the purpose of their regular re-accreditation to their professional body membership we may ask for your consent to either record a session or to allow one of our senior clinical team members to observe your Professional live in a session. NO recording will take place without your explicit consent. If you do agree to the recording of a session then it will be securely stored, used only for the agreed purpose and completely deleted within 45 days. All video related sessions are encrypted end-to-end.

8. Termination of Services

The use of the Platform is provided to you pursuant to an agreement with your Employer. The use of the Platform is subject to the agreement with your Employer and the terms and conditions thereof. If the agreement with your Employer expires or is terminated for any reason, your access to and use of the Services will be automatically terminated. In this situation your Employer will be responsible for informing you of the termination of the Services.

9. Ending of Employment Contract

Your Employer pays for you to have access to the Services. If you are no longer linked to your employer's Slack account then you will cease to have access to the Platform or any Services.

10. Cancellation

Your right to cancel a session. You have a right to cancel a session, up to 48 hours before the start of the session.  Any cancellation must be made through the Platform. You can then use the Platform to book a replacement session.

Late cancellations. If you cancel a session less than 48 hours before the start of the session on three occasions, or if you do not attend the session on three occasions we reserve the right to terminate your use of the Platform.

Suitability.There may be some scenarios whereby Oliva reserves the right to not grant you access to the Platform or the Services. These scenarios include, but are not limited to, where the Professional determines that online mental health services are not appropriate for some or all of your needs. In those circumstances, the Professional may elect not to provide online mental health services to you (although the Professional will only do so on reasonable medical grounds). If that happens, the Professional may (if appropriate) recommend alternative support pathways to you.

11. Information you provide to us

Information that you provide must be accurate. Your Account will be established and maintained for you as a registered user of the Platform to enter, store, and access your information online, and for your Professional to communicate with you about the Support they provide you with.  All of the information contained in your Account will be maintained in accordance with these Terms, and our Privacy Notice & Cookie Policy. You agree to provide accurate and complete information for your Account, to periodically review such information, and to update information that you provide as needed.

Messages that you send and receive will become a part of your Account. All messages transmitted by you and to you through the Platform may be saved and become part of your Account. We use an end-to-end encrypted messaging system that is only accessed by someone other than the Professional who is providing you with Support where there is a legal obligation to do so. Please see below for more details.

Consent for therapy and disclosing information. You consent to your designated Professional using information about your health and wellbeing for the purposes of providing Support and confirming sessions. You also consent to us disclosing the contents of your Account (which may include the outcome of previous sessions and assessments) to your Professional(s) to help ensure that they provide the appropriate Support. Your Professional will not routinely communicate with your GP or other healthcare professional. However, where your Professional has serious concerns about your wellbeing they may wish to communicate with your GP or other healthcare professional. In these circumstances the Professional will seek your consent before disclosing information about you. If you do decide to withdraw your consent, we, or your Professional(s), may still need to use your information, for example, if we need to tell your GP because we have serious concerns about your wellbeing.  Further information about how your personal data is used in connection with Oliva can be found in our Privacy Notice and Cookie Policy.

12. Limitation of Liability

There are certain responsibilities that, by law, we aren’t allowed to exclude, including our legal responsibility for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and we acknowledge those responsibilities.

However, apart from the legal responsibilities, we shall not be legally liable to for any loss (both immediate and indirect) or damage suffered by anyone as a result of use of the Platform.

All legal obligations which may be implied or incorporated into the Terms by law or regulation are expressly excluded to the extent permitted by law. We have tried to make these Terms sufficiently comprehensive and clear and we don’t wish any other terms to be implied.

In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you or your employer for more than 100% of the fees paid in respect of the Services provided to you in the twelve months preceding the day you make your complaint.

13. Your compliance with these Terms

If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Platform;

(c) permanently stop you from accessing our Platform;

(d) block computers using your IP address from accessing our Platform;

(e) contact any or all of your internet service providers and request that they block your access to our Platform; and/or

(f) commence legal action against you

14. Copyright

This Platform contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.

You are granted a licence to use the Content subject to the restrictions described in these Terms. This means that you have access to the Content but none of the Content belongs to you, or will belong to you.

Where we have legally protectable rights over the Content on the Platform, such as copyright, those rights are important to us and will remain ours at all times.

Where we have added notes or marks to show our legal rights (such as copyright) you must not delete or remove such notices placed by us on any Content.

15. Licence to use the Platform

You may:

(a) view pages from our Platform in a web browser;

(b) download pages from our Platform for caching in a web browser;

(c) print pages from our Platform;

but, if you do so, please observe the restrictions that we set out below

You must not edit or otherwise modify any material on our Platform.

You must not:

(a) republish material from our Platform (including republication on another Platform), except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts (only) in order to promote use of the Platform;

(b) sell, rent or sub-license material from our Platform;

(c) show any material from our Platform in public;

(d) exploit material from our Platform for a commercial purpose; or

(e) redistribute material from our Platform.

We reserve the right to restrict access to areas of our Platform, or indeed our whole Platform, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Platform.

16. Third party websites

Our Platform may include links to other websites owned and operated by third parties. Whenever we share third-party content or web links via our Platform or website, we take great care in ensuring that the material is high-quality and credible. However, we have no control over these third party websites and their content and we therefore can not accept any responsibility for the content contained therein.

17. General Terms

If any of the Terms are held to be illegal or unenforceable, those (but only those) provisions shall be deemed to be deleted and the rest of the Terms shall remain in full force and effect.

The Terms and the agreement with your Employer constitute the entire agreement and replace any previous agreement or understanding (in whatever form) between us in respect of the matters contained or referred to in the Terms. You agree that you have not relied on and have no legal remedy in respect of, any statements (however communicated) which are not replicated or are inconsistent with the Terms and the agreement with your Employer.

You may not assign, transfer or subcontract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

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.

The Terms shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.