Last updated: 01 November 2016

Definitions

  • 'House rules' means the House Rules detailed from the Site from time to time.
  • Member' means a member of the Site and 'membership' shall be interpreted accordingly.
  • 'Site' means the website located at Big White Wall.
  • 'Terms' means the Terms of Use which incorporate our House Rules 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.

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 SHOULD NOT register as a Member.

We reserve the right, at Our sole discretion, to change or update these Terms from time to time without further notice, subject to Your termination right as set out below. It is therefore 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 You should not continue to use this 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.

Your promises to us

You confirm that:

  • You are over 16 years of 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 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 data

Upon registration 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, to keep it accurate, current and complete.

In order to maintain Your anonymity, We strongly recommend that, when You use the Site, You avoid using or disclosing in any way Your real name and/or any personal details by which You could be identified (including Your address, telephone numbers, e-mail addresses etc) or the names or personal details of others. We recommend that you identify yourself only by Your Member name. In addition, We strongly advise you not to include Your real first name in Your username.

Your content

You are solely responsible for the content 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 content from the site for any reason or no reason, including without limitation 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 content that has generated a complaint which warrants further investigation. You may not post, transmit, or share 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 content posted by third parties without Our knowledge.

When you post content to the Site, You authorise and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such content. By posting content to any part of the Site, You grant, and You promise that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content 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 content. You may remove Your content from the Site at any time by emailing Us at theteam@bigwhitewall.com.

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 Your own 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.

Third party websites and content

Please be aware that the Site may link to other websites that may be accessed by You through the Site. Such third party websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any websites You may access via a recommendation or suggestion on the Site. Inclusion of, linking to or permitting the use or installation of any third party website or any third party applications, software or content does not imply approval or endorsement by Us. If You decide to leave the Site and access a third party website or to use or install any third party applications, software or content, You do so at Your own risk. We are not responsible for the data policies, content or security of these linked websites.

Code of conduct

We support the free flow of information and ideas over the Internet and do not actively monitor use of the site, under normal circumstances, although We reserve the right to do so. 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 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 the accounts of other Members 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 profile (including photographs) or other material that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these terms 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 area 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 security and that of all our Members is very important to us. Please read Our privacy policy for important information regarding the use of Your personal data and Your rights in relation to this.

Termination

You can cancel your Membership at any time by notifying us at theteam@bigwhitewall.com. You may delete any bricks you have posted on the Site before cancelling your Membership, but please be aware that once You have cancelled your Membership, You will no longer have a profile and will not be able to remove bricks You have posted.

We may terminate your Membership, delete your profile and any content or information that You have posted on the Site 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 this Site (which is based on clinical information and uses standard clinical tests), You acknowledge that the information contained on this Site does not constitute medical or professional advice. This site is provided for information purposes only and all content and services on this 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.

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 this Site. So far as is permissible by law, We do not accept any liability to any person relating to the use of this 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 Site 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 contained in or accessed through this 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, for example loss of profits or loss of opportunity.

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

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.

In the event of any dispute between You and Us concerning these terms, the relevant laws of England and Wales will apply. If You wish to take court proceedings against Us You must do so within the courts of England and Wales.

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.

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 BWW are under a strict duty of confidentiality to clients 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 client to be a risk to themselves and or others. In addition part of the quality of the service offered by BWW 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 clients to ensure the provision of a quality service.

Anonymity in the therapy setting

  • Private clients: private client Members accessing LiveTherapy services via Membership of BWW can determine at initial consultation with a therapist how much information about their ‘real’ identity they wish to share. Members can agree with their therapist that they be referred to just by their username and not provide any information if that is their choice.
  • 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 BWW 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, however, the therapist and BWW 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 BWW 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. Members will not be given access to any personal contact details of their therapist. Any attempted contact with a therapist outside BWW could result in the cancellation of the membership.

Risk or crisis situations

If the therapist identifies a real or perceived emergency situation in the course of a therapy session where 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 nature of the service (a remote service with limited access to the real identity of the patient) this will be usually limited to:

  • Asking the Member if they are willing to provide personal details (name, date of birth, address, telephone number) so that contact with local emergency services can be made for assistance.
  • Asking a Member if there is another adult in the location where they are who could be summoned for support.
  • Requesting GP details so that continuity of care can be facilitated.
  • In extreme circumstances calling 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 BWW can accept any responsibility for any harm that may follow.

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. The notes will be stored using the Member client’s user name as the identifier.

  • For NHS clients only this can be linked back to the patient’s identity and NHS number.
  • For private clients the only identifier used for records will be the chosen user name of the client.

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 clients). It will not be a narrative account of the full session.

Member clients 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. The therapist will have been informed by BWW of their obligations under the Data Protection Act 1998, Access to Medical Reports Act 1988 and any other applicable data protection 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.

Fee arrangements

Clients 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 client.

In the event that a session fails due to technical issues created by or in the control of BWW then the session fee will be refunded or a further session will be booked at no charge.

In the event that a session fails due to technical issues outside the control of BWW (e.g. as a result of failure of IT/broadband connection for the client member) then no refund will be payable.

BWW and any therapist cannot accept any liability to the client in respect of any LiveTherapy session save as expressly set out in this fee arrangements clause above.

If a session is cancelled by the member up t o 24 hours before the time the session is due to start (GMT), it will not be charged for. If the session is cancelled with less than 24 hours notice or the member does not attend the session, the session will still be charged for.

Complaints relating to LiveTherapy

BWW 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 BWW's complaints process to aim to resolve Your concerns.

Any complaint relating to fees or administration that is solely managed by BWW will be managed by BWW following the complaints procedure.

If You have a complaint you can contact Us by emailing complaints@bigwhitewall.com or by writing to Us at the address set out at the top of these Terms.

We will acknowledge your complaint within 24 hours and We aim to investigate and provide a formal response in around 25 days. In the first instance, your complaint will be dealt with by BWW’s Service Director. If You are not satisfied with the Service Director’s response, the complaint will be escalated to BWW’s CEO.