THESE LIVE THERAPY SERVICES TERMS ARE INCORPORATED TO TOGETHERALL CUSTOMER TERMS. EACH ORDER FORM, TOGETHERALL LIVE THERAPY SERVICES TERMS, TOGETHERALL PROFESSIONAL TERMS AND TOGETHERALL CUSTOMER TERMS IN FORCE AT THE TIME THE ORDER FORM IS ACCEPTED BY TOGETHERALL WILL FORM A SEPARATE CONTRACT BETWEEN YOU AND TOGETHERALL.
(A) These terms regulate the provision of the one-to-one Live Therapy Services from Togetherall Therapists to: (i) specific Individuals referred by independent professional prescribers on behalf of the Customer (e.g. GPs and other health professionals, non-clinical administrators) in which case the Togetherall Professional Terms shall also apply to regulate the professional’s referral process; or (ii) Non-Referred Individuals’.
The definitions and rules of interpretation in this Clause apply in these Live Therapy Services Terms.
1.1. Capitalised terms not defined herein shall have the meaning ascribed to them in Clause 1 of the Customer Terms and Conditions (Interpretation).
Togetherall Therapists – means the qualified therapists engaged by Togetherall that provide the one-to-one Live Therapy Services to: (i) Referred Individuals; or (ii) Non-Referred Individuals.
Togetherall Customer Terms – means the customer terms and conditions, in force at the time the Order Form is accepted by Togetherall.
Togetherall Live Therapy Patient Journey – means the information as set out in Schedule 1;
Individuals – Means Referred Individuals and Non-Referred Individuals;
Live Therapy Eligibility – means the information as set out in Schedule 2;
Live Therapy Services Terms – means the version of these Live Therapy Services Terms that are in force at the time the Order Form is accepted by Togetherall; and
Non-Referred Individuals – individual Users, that directly book Sessions pre-approved by the Customer, in accordance with any rules agreed with the Customer, without a referral from a Prescriber;
Referred Individuals – means an individual that is the subject of a Prescription (which could be a User or an individual that has not yet registered as a User);
1.2. In the event of conflict or inconsistency between these terms and the Order Form, these Togetherall Live Therapy Services Terms shall prevail. In the event of conflict or inconsistency between these Togetherall Live Therapy Services Terms and Togetherall Customer Terms, Togetherall Customer Terms shall prevail.
2. Link to Customer Terms and Conditions
2.1. These Live Therapy Services Terms are incorporated to our Togetherall Customer Terms. Each Order Form, these Togetherall Live Therapy Services Terms, Togetherall Professional Terms and Togetherall Customer Terms in force at the time the Order Form is accepted by Togetherall will form a separate Agreement between the Customer and Togetherall.
2.2. The Agreement (including these Live Therapy Services Terms) shall apply to the Live Therapy Services Togetherall provides to the Customer and its Users to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1. The Customer acknowledges and agrees that the Live Therapy Service is an online, direct therapy service provided by Togetherall Therapists to Referred Individuals as referred by the Customer, through Togetherall Professional Services or ’Non-Referred Individuals. The Individuals are able to choose their Togetherall Therapist from our list of available consultant therapists and arrange appointment times that for live therapy that may be delivered via secure video / audio / instant messaging.
3.2. The Live Therapy Services will be provided pursuant to the requirements and as described in:
3.2.1. the Togetherall Live Therapy Patient Journey; and
3.2.2. the Live Therapy Eligibility requirements.
4. Customer Obligations
4.1. The Customer shall:
4.1.1. fully cooperate with Togetherall in a timely manner in all matters relating to the Live Therapy Services to enable Togetherall to comply with its obligations under the Agreement (and provide any reasonable assistance to Togetherall that may be necessary for the performance of the Live Therapy Services);
4.1.2. provide to Togetherall in a timely manner all documents, information, items and materials in any form (whether owned or controlled by the Customer or a third party) necessary for the provision of the Live Therapy Services or reasonably required by Togetherall and ensure that they are accurate and complete in all material respects;
4.1.3. ensure that all Personal Data contained in the documents, information, items and materials provided to Togetherall have been obtained and provided with all required consents of the Data Subject whom it concerns;
4.1.4. ensure that the clinical assessment and shared clinical notes are reviewed by the relevant member(s) of staff of the Customer in accordance with the Agreement and with the Togetherall Live Therapy Patient Journey promptly and provide any related input within a reasonable time whenever necessary;
4.1.5. promptly grant any approvals that may be needed from time to time for the provision of the Live Therapy Services;
4.1.6. whenever necessary, review Togetherall clinical notes, assessments and reports promptly and provide any related input within a reasonable time;
4.1.7. facilitate the implementation of the Live Therapy Services and the registration of the Individuals ’with Togetherall for the provision of the Live Therapy Services; and
4.1.8. actively assist Togetherall to refer any User to the emergency services if and when required.
5. Data Protection
5.1. Each of Togetherall and the Customer shall comply with all applicable requirements of the Data Protection Legislation. This Clause 5 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
5.2. This Clause 5 sets out the framework for the processing of Personal Data under the Live Therapy Services including but not limited to any Shared Personal Data between the parties as Controllers. The terms that pertain to the use of Personal Data when a separate Controller to Controller relationship exists between the Customer and Togetherall are referred to in Clause 10.4 of the Togetherall Customer Terms.
5.3. Togetherall and the Customer acknowledge and agree that, in most scenarios under the Live Therapy Services Terms, they will act as Joint Controllers in relation to any Personal Data they access about the Individuals.
The Parties act as Joint Controllers
5.4. Clause 5.4 and 5.5 shall apply to scenarios where Togetherall and Customer are Joint Controllers (e.g. (i) when a Prescriber shares certain medical information about the Referred Individuals with Togetherall or directly with a Togetherall Therapist; (ii) when the Prescriber, on behalf of the Customer, or the Customer on a need to know basis, and Togetherall may both view whether the Referred Individual has activated their Account or Prescription, and (iii) where the Togetherall Therapist clinical notes or documentation are shared with the Customer on a need to know basis).
5.5. The parties acknowledge and agree that they will act as Joint Controllers when they process Shared Personal Data in the context of the provision of Togetherall Professional Services and this shall be assessed by the parties on a case by case basis (e.g. background or medical information about Individuals may be shared by the parties for the purposes of considering and setting up the provision of live therapy Sessions and this could qualify as Shared Personal Data, when it is shared between the parties, and processed jointly, for the same purposes).
5.5.1. If and when, each of the parties process Personal Data as Joint Controllers, each of Togetherall and the Customer shall:
22.214.171.124. ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the other party for the joint purposes;
126.96.36.199. give full information to any Individuals User whose Personal Data may be processed under this Agreement of the nature of such processing. This includes giving notice that, on the termination of this Agreement, Personal Data relating to them may be retained;
188.8.131.52. not to disclose or allow access to the Shared Personal Data to anyone other than the parties’ representatives and Togetherall’ Therapists, and always on a need to know basis (“Permitted Recipients”);
5.5.2. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) in accordance with Data Protection Legislation, including obligations of confidentiality to extend beyond this agreement;
5.5.3. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
5.5.4. not transfer any Personal Data received from the Data Discloser outside the EEA unless the transferor:
184.108.40.206. Notifies the other party in advance;
220.127.116.11. comply with the provisions of Articles 26 of the GDPR or the equivalent provision under the Data Protection Act 2018 as applicable (in the event the third party is a joint Controller); and
18.104.22.168. ensures that: (a) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR or the equivalent provision under the Data Protection Act 2018 as applicable; (b) there are appropriate safeguards in place pursuant to Article 46 GDPR or the equivalent provision under the Data Protection Act 2018 as applicable; or (c) one of the derogations for specific situations in Article 49 GDPR applies to the transfer or the equivalent provision under the Data Protection Act 2018 as applicable;
5.5.5. Each party shall use reasonable endeavours to assist the other in complying with all applicable requirements of Data Protection Legislation in connection with the Shared Personal Data. In particular, in relation to the Shared Personal Data, each party shall:
22.214.171.124. inform the other party on request, about any notices given to the relevant Referred Individual or Non- Referred Individual;
126.96.36.199. promptly inform the other party about the receipt of any Data Subject request and the steps such party is taking to comply with such request;
188.8.131.52. provide reasonable assistance to the other party to comply with any Data Subject request or with the other party obligations under the Data Protection Laws including, without limitation, with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
184.108.40.206. notify the other party without undue delay on becoming aware of any breach of the Data Protection Laws including but not limited to any Personal Data Breach (and inform the other party on request, about the procedures it has in place to deal with Personal Data Breaches in accordance with Data Protection Legislation);
220.127.116.11. maintain complete and accurate records and information to demonstrate its compliance with this Clause 5 and with Data Protection Legislation;
18.104.22.168. provide the other party with contact details of at least one current representative as point of contact and responsible manager for all issues arising out of the Data Protection Legislation; and
22.214.171.124. provide adequate training to relevant staff.
6. Liability and Indemnity
6.1. To the extent that the Live Therapy Services provided by Togetherall are based on inaccurate, incorrect or incomplete data provided by the Customer (or its sub-contractors or suppliers), or instructions or information provided by the Customer (or its sub-contractors and suppliers) to Togetherall, Togetherall shall not be liable or responsible for any claims or losses suffered by the Customer as a result of Togetherall providing the Live Therapy Services to the Customer and the Individuals relying on such inaccurate, incorrect or incomplete data, instructions or information.
6.2. The Customer shall indemnify Togetherall against all claims, liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Togetherall arising out of or in connection with:
6.2.1. any claim made against Togetherall by a third party, including the Individuals, arising out of or in connection with the provision of the Live Therapy Services, to the extent that such a claim arises out of the breach, negligent performance, failure or delay in performance of the Agreement by the Customer, its Users, its employees, agents or subcontractors.
Togetherall Live Therapy Patient Journey
Patient receives a prescription for a course of a set number of online 1:1 therapy sessions over secure video / audio / instant messaging.
They must create a Togetherall account within 14 days in order to access this prescription. Before participation they are informed that information created as part of their therapy record will be shared with the organisation that referred them to Togetherall.
Before each session, clinical questionnaires such as the ‘GAD7’ and ‘PHQ9’ amongst others are completed by the User. After each session, notes of what was discussed are completed by the therapist and these can be viewed by the member.
Any extension of the original course of therapy is negotiated with the referring organisation before any further sessions can be allocated to the patient.
When the course of sessions ends, User can no longer access therapy unless they are re-referred by a referring organisation.
Live Therapy Eligibility
Live Therapy is an online direct therapy service form Togetherall, providing the same number of sessions and quality of treatment as face-to-face therapy. Choice and flexibility are key features of the Live Therapy service. Patients choose their own therapist and the time/date they wish to receive therapy – appointments available between 7-11pm, 7 days a week. Sessions are delivered via secure video / audio / instant messaging, based on the client’s preferences.
Patients may be suitable for Live Therapy if:
Live Therapy is service to treat mild to moderate mental health issues. Generally, patients should not be referred for Live Therapy if their needs will be better met elsewhere by a specialist service and/or their own issues would be an obstacle to effective treatment, such as:
Notes to include on prescription
When making a prescription on Togetherall Professional, you will be asked to enter notes, which should include the following:
– Main issue/area of difficulty, duration and onset
– Previous treatment/contact with mental health services
– Initial goal for therapy if known
This site is not intended for individuals in an emergency. If you are in a life-threatening situation in the UK, please immediately dial 999 or go to your nearest Accident and Emergency department (A&E). If you are in a life-threatening situation in New Zealand, please immediately dial 111 or go to your nearest hospital emergency department (ED). Further crisis help can be found here.
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