Last updated: 15 May 2018

Definitions

  • 'House rules' means the House Rules applicable to Members and accessed via the Site.
  • 'Member' means an individual that has registered as such on the Site and has had a Member Account set up on the Site and 'membership' shall be interpreted accordingly.
  • ‘Member Content’ means any information that a Member enters or uploads to the Site, excluding Personal Information entered to register, but including information entered to activate an account, in the Account Settings and Your Profile sections of the Site, in bricks, Talkabouts and Guided Support sessions.
  • ‘Member Name’ means the anonymous username You select to identify Yourself to other Members and which will be available to Wall Guides.
  • ‘Personal Information’ means information about an identifiable individual, including You and others, e.g. Your real name, email address, postal code and date of birth.
  • 'Site' means the website located at Big White Wall and pages therein under the control of BigWhiteWall (the “Site”).
  • 'Terms' means the Terms of Use which incorporate our House Rules and Privacy policy detailed on the Site from time to time.
  • 'We' or 'Us' means BigWhiteWall Limited, a company registered in England and Wales under company number 06227377, with a registered office at Evergreen House, Grafton Place, Kings Cross, London, NW1 2DX; and 'Our' shall be interpreted accordingly.
  • 'You' means you, the user of the Site and 'Your' and 'Yourself' shall be interpreted accordingly.
  • 'Terms' means the Terms of Use which incorporate our House Rules and Privacy policy detailed on the Site.
  • “The Wall” means the areas of the Site where You can post and interact with other users, including professionals.
  • “Wall Guides” means professionals assigned by Big White Wall to provide guidance to Members.
  • “Guided Support Groups” means groups of Members sharing their experiences and information under the guidance of a Wall Guide.

Application and acceptance

These Terms are important and apply where You choose to register as a Member. Please read these Terms carefully before registering on the Site as a Member. By clicking 'accept' to register, You will be deemed to have consented to these Terms. If You do not agree to these Terms, then YOU ARE NOT PERMITTED TO register as a Member.

We reserve the right, at our sole discretion, to change or update these Terms from time to time, subject to Your termination right as set out below. We may notify you by email of changes but it is Your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these Terms or any future terms then You must discontinue using the Site.

Eligibility

You must be 16 years or over to register as a Member. If We discover or have any reason to suspect that You are not over 16 years of age, We reserve Our right to suspend or terminate Your membership to the Site immediately and without notice and to take any other actions in accordance with applicable law.

Your promises to us

You confirm that:

  • You are over 16 years of age. (We may ask for proof or carry out checks to verify your age.)
  • All information and details provided by You to Us (including on registration as a Member) are true, accurate and up to date in all respects and at all times. You may request us to update your information exercising Your rights as set out in Our Privacy policy.
  • You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below and in our House Rules.
  • You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use and Membership or arising from any breach or suspected breach of these Terms by You or Your violation of any law or the rights of any third party.

Your Account

When You register as a Member, You will select a password and Member name that You can use to access Your profile and to log on to the Members' area of the Site. You are responsible for maintaining the confidentiality of Your password and Member name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' area of the Site and will not be liable where Your password or Member name are used by someone else. You agree to notify Us immediately of any unauthorized use of Your password or Member name or any other breach of security of which You become aware. You agree to be fully responsible for all use of Your account and for any actions that take place using Your account and to maintain and promptly update any information You provide to Us when You register, to keep it accurate, current and complete.

In order to maintain Your anonymity, when You use the Support Network, You must not use or disclose in any way Your real name and/or any details by which You could be identified (including Your address, telephone numbers, e-mail addresses, or location information, e.g., where You receive healthcare etc.) or the Personal Information of others, including their names. You must only identify Yourself by Your Member name. In addition, do not include Your real first name in Your Member name.

Member content

You are solely responsible for Member Content that You post or create on the Site including any bricks and posts in the talkabout forum. We respect the intellectual property rights of others and We prohibit Members from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When We receive notification of a potential copyright infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. We may remove Member Content from the Site for any reason or no reason, including without limitation Member Content that in Our sole judgment violates these Terms, that might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of other Members, or other people in general or Member Content that has generated a complaint which warrants further investigation. You may not post, transmit, or share Member Content on the Site that You did not create or that You do not have permission to post. You understand and agree that We are not obliged to review the Site for copyright infringement and are not responsible for Member Content posted by third parties without Our knowledge.

When You post Member Content to the Site, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such Member Content. By posting Member Content to any part of the Site, You grant, and You promise that You have the right to grant, to Us consent to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content in an anonymised form for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content. You may request to remove Your Member Content from the Site at any time by emailing Us at theteam@bigwhitewall.com. Big White Wall may need to process your Member Content for health or social care purposes and will need to do so where you are signed up to LiveTherapy, and does process your Personal Information for archiving purposes in the public interest, and for scientific or historical research purposes or statistical purposes. We will ensure that where we process the Member Content and Personal Information for such purposes we comply with the requirements of the applicable data protection law to ensure that the data is protected by anonymization or pseudonymisation and such processing is kept to the minimum required to achieve the purpose.

Big White Wall content

All content made available on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are Our property or are licensed to Us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent. This excludes Member Content that You legally post to the Site.

Subject to the above, You may download insubstantial excerpts of Our content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use of Our content other than as specifically authorized in these terms, without Our prior written consent, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at Our sole discretion, at any time and without notice.

Links and Third party websites and content

Please find full details included under the ‘Links’ section in our Privacy policy.

Code of conduct

We support the free flow of information and ideas over the Internet and we encourage our members to express themselves and make use of the peer support available. However We do seek to balance this aim with our obligations to other Members and at law. We therefore require that You do not:

  • Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others.
  • Advertise or promote third party or Your own products or services including by way of the distribution of spam mail.
  • Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate.
  • Make insulting remarks to or about other Members or any person generally.
  • Distribute illegal, copyright infringing, indecent or offensive material or any messages or Member Content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors.
  • Impersonate another person or Member or a moderator.
  • Transfer files that contain viruses, trojans or other harmful programs.
  • Use the Site to conduct any fraudulent activity including any 'pyramid scheme'; 'ponzi scheme' or 'chain letter’.
  • Access or attempt to access Members’ accounts or to penetrate or attempt to penetrate the Site security measures.

We may take any or all of the following actions at Our sole discretion:

  • Remove any Member Content or information (including Member profile photographs) that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these Terms, the House Rules, Our Privacy policy or any privacy laws or where We are required to do so by law.
  • Issue Members with verbal or written warnings and take such further action as We deem appropriate if such warnings are not heeded.
  • Suspend or terminate a Member's access to certain areas of the Site or a Member's account without notice at any time.
  • Inform the appropriate authorities and provide them with information regarding any suspected illegal activity.
  • Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

We will determine what action is appropriate to be taken against a Member on a case by case basis.

You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between You and other Members.

Without limiting any of the foregoing, you also agree to abide by Our House rules that provide further information regarding the authorised conduct of Members while on the Site and which form part of these Terms.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

Privacy

Your privacy and that of all our Members is very important to us. Please read Our Privacy policyfor important information regarding the collection, use, disclosure and retention of Your Personal Information and Your rights in relation to this. Our Privacy policy is incorporated by reference into, and accordingly is part of, Our Terms.

Termination

Your Membership term is six months and is renewable. You may also cancel Your Membership at any time by notifying us at theteam@bigwhitewall.com. If You have registered using a paid Membership, Big White Wall will cancel all further payments after You have notified Us. One month’s notice must be provided to cancel the next payment.

We may terminate Your Membership, delete Your account and Your Member Content and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 16.

Our legal obligations and limits on liability

While We have taken every care in compiling the Site (which is based on clinical information and uses standard clinical tests), You acknowledge that the information contained on the Site does not constitute medical or professional advice. The Site is provided for information purposes only and all content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any promises to You in respect of the Site or its content, including, without limitation, information provided by or regarding other Members and Member Content. Do not use the information on the Site to diagnose or treat any medical condition. You should never disregard or delay seeking medical advice because of something that You have read on the Site.

Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk. You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Site. So far as is permissible by law, We do not accept any liability to any person relating to the use of the Site.

While We will use all reasonable endeavours to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, We do not promise that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions. We shall not be liable for any failure or suspension of the Site, or for termination of access to the Site or access to content, including Member Content.

Due to the fact that many technical aspects of the Site and the content provided is supplied by or otherwise dependent on third parties, We are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content and Member Content contained in or accessed through the Site.

We will not be liable for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into these Terms, nor shall We be liable for loss of profits or loss of opportunity (whether direct or indirect).

We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.

General

By accessing the Site, You agree that these Terms of Use and all matters relating to the access to, or use of, the Site shall be governed by the laws of England. If You wish to take court proceedings against Us You must do so within the courts of England and Wales.

If any part of these terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Complaints and feedback

If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: complaints@bigwhitewall.com or writing to Us at the address set out at the top of these terms.

Additional terms of use that apply to the LiveTherapy service

The following additional terms are only relevant and applicable where You choose to access LiveTherapy.

Definitions

Please find our full list of definitions at the top of our Terms of Use.

Consent by Members to use the LiveTherapy services

Members will be required to confirm that they have considered and accepted these terms before the first LiveTherapy consultation. Members are encouraged to seek clarification on any of the following terms that they are unclear about.

Duty of confidentiality

All therapy staff that are accessed via Big White Wall are under a strict duty of confidentiality to Members that they work with. This duty is the same as would be expected between a clinician and a patient relationship in an NHS or private setting. This duty does not provide for absolute confidentiality if the clinician considers the Member to be a risk to themselves and or others. In addition, part of the quality of the service offered by Big White Wall is that all therapists are closely supervised by experienced clinical staff. That supervision and support of therapists will involve discussing certain details of the material from sessions with Members to ensure the provision of a quality service.

We may disclose Personal Information about a Member to a third party (such as a General Practitioner or person / organisation with legitimate interests in the Member’s welfare) without the Member’s consent:

  • in order to protect the Member’s vital interests or those of another person, in a case where:
    • consent cannot be given by the Member or on the Member’s behalf, or
    • We cannot reasonably be expected to obtain the Member’s consent, or
  • in order to protect the vital interests of another person, in a case where the Members’s consent or consent on behalf of the Member has been unreasonably withheld.

Anonymity in the therapy setting

  • NHS clients: NHS client Members will have been referred to the service by an NHS clinician, usually a GP or IAPT service, and the referral will contain identifying details of the person (name, address date of birth and NHS number). The referral will also contain some details about the reason for referral and some personal details about the Member’s situation. NHS referral Members will also join the Big White Wall community by selecting a user name and password. The therapist will be able to access relevant information about the Member from the referral letter though the client Member can agree with the therapist what they wish to be called in the therapy session.

Sharing information with your therapist (all client members)

Your therapist will only be able to assist you with those issues that You choose to share in the therapy session. Therefore, the therapist and Big White Wall cannot take any responsibility for alleged failure to take action on information that You have not provided.

Relationship between the therapy service and the Wall

Members who opt to take up LiveTherapy services accept that Big White Wall separates activity on the Wall, including the posting of bricks and participation in Community Talkabouts (CTAs) and Personal Talkabouts (PTAs) with other Members and Wall Guides, as well as other activities that may be offered on the Wall, such as Guided Support Groups, from LiveTherapy services. This means that the Member should not assume that the LiveTherapy therapist is aware of any activity that the Member engages in on the Wall either prior to the commencement of LiveTherapy sessions or between these therapy sessions. It is therefore the responsibility of the Member to update the therapist on anything significant that has occurred in this regard between sessions.

Contact arrangements for therapists

The only way that a Member can contact the therapist is via the 'send a message' or 'request a session' buttons on a therapist’s profile, and all communications outside of therapy sessions are made through Personal Talkabouts (PTAs). Members will not be given access to any personal contact details of their therapist. Any attempted contact with a therapist outside Big White Wall could result in the cancellation of the membership.

Risk or crisis situations

Therapists assess risk in all assessment sessions and all follow up sessions with Big White Wall Live Therapy Members. If the therapist identifies in the course of a therapy session that the Member or another person is identified (in the therapist’s opinion) as being at risk of harm then the therapist will take steps that they believe to be reasonable to reduce the risk of harm. Due to the remote nature of the service we will:

  • Gain personal details (name, date of birth, address, telephone number) from the member so that contact with local emergency services can be made for assistance in case of risk.
  • Ask a Member if there is another adult in the location or an emergency contact where they are who could be summoned for support.
  • Request GP details so that continuity of care can be facilitated.
  • In extreme circumstances there may be recourse to call the police or other emergency services for assistance.
  • Assistance will be limited to what can reasonably be offered from a remote connection and whilst a therapist will operate in good faith to do what they can to improve the situation, neither they nor Big White Wall can accept any responsibility for any harm that may follow.

Therapists may not be aware of member activity on the support network as this is monitored separately. It is the member’s responsibility to update the therapist about fluctuations to mood or risk status between therapy sessions.

Record keeping of therapy sessions

Therapists will keep short narrative factual record of each therapy session. These notes will be stored online on a secure server. (For more information on the security We implement see the “Protecting Your Privacy and Identity” section of Our Privacy Policy.) The notes will be stored in pseudonymised form using the Member client’s user name as the identifier.

  • For NHS client Members only, this can be linked back to the patient’s identity and patient reference number which may include the NHS number.

The purpose of the record is to act as an aide memoire of the key points of the session and to assist the preparation of update reports to referrers (for NHS client Members). It will not be a narrative account of the full session.

Members will have the opportunity to add their own comments to the session record but not to request a change of the therapist’s record. However any factual errors in the therapist’s record can be noted by the Member in the record they make. This does not affect Your rights to have your personal information updated, corrected or erased. See the ‘Your Rights” section of Our Privacy Policy. The therapist will have been informed by Big White Wall of their obligations under the Data Protection Act 1998, Access to Medical Reports Act 1988 and any other applicable legislation.

The record of the session will be the notes referred to above (under 'Record keeping of therapy sessions) stored online on a secure server.

LiveTherapy access through a prescription

Members referred by the NHS will be given a voucher code, which enables access to a number of sessions that are free of charge to the Member.

In the event that a session fails due to technical issues outside the control of Big White Wall (e.g. as a result of failure of IT/broadband connection for the Member) then no additional session will be credited.

In the event that a session fails due to technical issues created by or in the control of Big White Wall then the session will be recredited and a further session will be booked at no charge.

If a session is cancelled by the Member up to 24 hours before the time the session is due to start (GMT), it will be recredited. If the session is cancelled with less than 24 hours’ notice or the Member does not attend the session, then no additional session will be credited.

Complaints relating to LiveTherapy

Big White Wall aims to provide a service that meets the needs and expectations of its Members. In the event that You are dissatisfied with any aspect of the service You have the right to complain.

Any complaint that concerns any aspect of the therapy that You have received will be dealt with under Big White Wall's Complaints process to aim to resolve Your concerns.

If You have a complaint in relation to the LiveTherapy Service you can contact Us by emailing complaints@bigwhitewall.com.

All formal complaints will be acknowledged within one working day. Each complaint will be investigated and a response will be provided in a reasonable time (usually within 20 working days). In the first instance, your complaint will be dealt with by Big White Wall’s Service Director. If You are not satisfied with the Service Director’s response, the complaint will be escalated to Big White Wall’s CEO.