Terms & Conditions

These Customer Terms and Conditions (“Customer Terms”) (together with the documents referred to in them) contain the terms and conditions on which you (the “Customer”, “you” or “your”) agree to access, and on which Mentalwell agrees to provide, online ADHD assessment, treatment and support services via our web portals and online platform available via the website at https://www.mentalwell.co.uk (the “Platform”).

Please read these Customer Terms carefully before you access the Services. By ticking the “I have read and accept Mentalwell’s Customer Terms and Conditions” box [A1] when engaging Mentalwell, you indicate that you accept these Customer Terms and that you agree to abide by them. Your right to access the Services is conditional upon your compliance with the terms set out in these Customer Terms.

These Customer Terms were last updated on 09/07/2025.

1 Information about Us

The Platform is owned and operated by Mentalwell Ltd, a company incorporated in England and Wales with company number 15374247 whose registered office is at 925 Finchley Road, London, England, NW11 7PE (“Mentalwell”, “we”, “us” or “our”).

2 Definitions

2.1 The following definitions shall apply in these Customer Terms:

“Account” means the customer account created by you on the Platform;

"Agreement” means the agreement between Mentalwell and the Customer for the provision of the Platform and the purchase and sale of the Services as governed by these Customer Terms (and the documents referred to therein);

“Assessment” means an ADHD assessment (including the assessment summary letter) carried out by a Clinician in respect of a Customer via the Platform;

“Booking” means a booking the Customer submits on the Platform for the Services;

“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

“Clinician” means a clinician on the Platform that provides the Services ;

“Cancellation Notice” has the meaning given in clause 6.5;

"Data Protection Legislation” means all applicable laws and regulations related to the processing of personal data, including the Data Protection Act 2018 and the UK GDPR (having the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018));

“Intellectual Property Rights” means patents, rights in inventions, copyright, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Fees” means the fees payable by the Customer to Mentalwell for the Services on the Platform;

“Services” the online ADHD assessment, treatment and support services provided via the Platform; and

“VAT” means sales or value added tax (or any similar tax in any applicable jurisdiction).

3 General Terms

3.1 In addition to the terms and conditions set out in these Customer Terms, the following shall also apply to you:

(i) the Platform Terms of Use www.mentalwell.co.uk/platform-terms; and

(ii) Mentalwell’s Privacy Policy www.mentalwell.co.uk/privacy-policy.

3.2 These Customer Terms shall apply to the Agreement and all Bookings to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law or course of dealing.

4 Your Account

4.1 In order to access the Services on the Platform, you must create an Account by signing up with an email address, phone number and password[MH2] .

4.2 By creating an Account, you agree and confirm that:

(a) all information and documentation you provide to Mentalwell for the purposes of creating an Account is true, accurate, current and complete;

(b) you shall keep the password associated with the Account confidential and shall not disclose it to any other person;

(d) you shall contact Mentalwell immediately if you suspect any unauthorised use of or access to your Account.

4.3 Mentalwell reserves the right in its sole discretion to suspend or permanently disable your Account for any breach of this Agreement by you.

5 Services

5.1 Mentalwell shall provide the Services in accordance with this Agreement.

5.2 Mentalwell agrees to provide the Services:

5.2.1 diligently and in a professional and workmanlike manner using all reasonable care and skill; and

5.2.2 in compliance with all applicable laws and regulations.

5.3 Subject to the Customer complying with this Agreement, Mentalwell grants the Customer a non-exclusive, non-transferrable licence to access and use the Platform solely for the Customer’s own purposes to place Bookings via the Platform and receive the Services. The licence in this clause does not include the right to grant sublicenses.

5.4 We will not be able to provide the Services to you where you are based outside the UK.

6 Bookings

6.1 Subject to compliance with these Customer Terms, Customers may make Bookings via the Platform.

6.2 When making a Booking, the Platform shall display[A3] :

6.2.1 the then-current available dates and times for an Assessment (which you acknowledge are not guaranteed, subject to change and our written confirmation);

6.2.2 any requirements for making the Booking;

6.2.3 the Services covered by the Booking (which will usually comprise of the initial Assessment and, depending on the outcome of the Assessment, six (6) or twelve (12) months of continuous support and coverage); and

6.2.4 the Fees for the Services.

6.3 The Customer acknowledges that all Bookings submitted on the Platform must be genuine and made in good faith.

6.4 Once you submit a Booking for the Services on the Platform, Mentalwell will review your Booking and will confirm all accepted Bookings in writing. You acknowledge that Mentalwell may reject or cancel any Booking in its sole discretion provided it acts reasonably in all circumstances. We will notify you if we reject or cancel your Booking. We will not charge you for the Services if your Booking is not accepted or cancelled (save in situations where we have cancelled your Booking as a result of your breach of these Customer Terms or the Agreement).

Right to change your mind[A4]

6.5 In accordance with your statutory rights as a UK consumer, you will have fourteen (14) days from the date we confirm your Booking to cancel the Booking by sending an email to hello@mentalwell.co.uk (“Cancellation Notice”).

6.6 If any Services under that Booking taking place during this fourteen (14) day period, you will not be refunded for any Services that do take place, but Mentalwell will refund fees paid by you for any Services that have not taken place on a pro-rata basis. Mentalwell will provide this refund as soon as possible following receipt by Mentalwell of the Cancellation Notice, by the method you used for paying the Fees.

6.7 Save as set out in these Customer Terms, Customers cannot cancel Bookings once confirmed by us. [A5] We encourage you to check the details of your Booking and the total Fees before submitting your Booking.

6.8 In order to display the Services, the Platform may contain links or references to non-Mentalwell websites, products, or other materials or content (“Third-Party Content”). By accessing and/or using the Platform, the Customer agrees that Mentalwell is not responsible or liable for any Third-Party Content or for the actions of any Suppliers or other entities that provide or use such Third-Party Content. Mentalwell has no control over the Third-Party Content and Mentalwell does not monitor, verify, censor or edit any Third-Party Content.

7 Price and Payment

7.1 In respect of the Fees:

7.1.1 you must pay us the Fees at the time of making a Booking; and

7.1.2 all Fees displayed on the Platform and website are inclusive of VAT and other duties or taxes (if applicable).

7.2 Save as set out in these Customer Terms, all sums paid to Mentalwell are all non-refundable.

7.3 Mentalwell will use reasonable endeavours to ensure the accuracy of the Fees displayed on the Platform and/or provided to the Customer. However, the Customer acknowledges [MH6] that it is always possible that some Fees displayed may be incorrect, as a result of a software or administrative error or error on the part of Mentalwell. If there is an error so that the correct Fees are less than the stated and displayed Fees, we will charge the lower amount. Where the correct Fees are higher than the stated and displayed Fees, we will contact you and give you the option of either paying the correct Fees or cancelling the Booking.

8 Assessments

8.1 You are required to complete a pre-Assessment form (and any applicable additional questionnaires) in a timely manner prior to your Assessment. You acknowledge that your Assessment cannot go ahead until you have completed this pre-Assessment form (and any additional questionnaires) in full. We will not be liable for any delay or postponement of your Assessment where this is due to your failure to complete any applicable form or questionnaire.

8.2 You acknowledge and agree that:

8.2.1 Assessments will be carried out online and require:

(a) an active and stable internet connection; and

(b) a working webcam of good quality,

8.2.2 a secure link for you to attend the Assessment will be provided to you after we confirm your Booking. This link is personal to you and may not be shared with anyone else;

8.2.3 when attending an assessment, the Clinician will require you to provide proof of identification before carrying out the Assessment;

8.2.4 any diagnosis made by a Clinician following an Assessment is based upon the information you provide to us and the Clinician’s own professional opinion; and

8.2.5 there is no guarantee that the Assessment will result in the outcome you desire, hope for, were led to believe or expect.

9 Treatment

9.1 You acknowledge and agree that:

9.1.1 where treatment is deemed necessary, the method of treatment recommended (including the issuing of a prescription) is at the sole discretion of a Clinician. There is no guarantee that you will be provided with a prescription or recommended medicated treatment as part of any treatment plan;

9.1.2 where you are provided with a prescription, such prescriptions will be private prescriptions. You accept that private prescriptions are fulfilled and charged by the relevant fulfilling pharmacy, which is not under the control of Mentalwell. Such prescription charges do not form part of the Fees or the Services and are your sole responsibility. It is your choice as to whether you have any prescription fulfilled and at what cost; and

9.1.3 treatment is individualised to your circumstances and is intended to be effective at managing an ADHD diagnosis. However, Mentalwell cannot guarantee that any recommended treatment plan will result in the outcome you desire, hope for, were led to believe or expect.

10 Warranty

10.1 You warrant and undertake:

10.1.1 that you are at least eighteen (18) years of age and have the authority and right to enter into this Agreement;

10.1.2 all information you provide in relation to the Services is accurate and complete and you shall immediately inform us if any information that you have provided becomes inaccurate or incomplete;

10.1.3 to follow any instructions you are given by the Clinicians and Mentalwell in relation to the Services;

10.1.4 to arrive on time to all Assessments and any other appointments, follow-up calls or consultations with a Clincian; and

10.1.5 at Mentalwell’s request, to provide a reasonable level of co-operation to Mentalwell in order for Mentalwell to perform the Services and fulfil Bookings.

11 Limitation of liability [MH7]

11.1 The entire financial liability of Mentalwell (including any liability for the acts or omissions of its employees, agents, consultants (including Clinicians), and subcontractors) to you and any other person in respect of (i) any breach of this Agreement; (ii) any use made by you or any other person of the Platform or the Services; and (iii) any representation, statement or act or omission (including negligence) arising under or in connection with this Agreement, shall be subject to this clause ‎11.

11.2 The Customer acknowledges and agrees that:

(a) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law in respect of the Platform or the Services are, to the fullest extent permitted by applicable law, excluded from this Agreement;

(b) the Platform is provided to the Customer on an “as is” basis and has not been specifically designed for the Customer;

(c) the Customer is solely responsible for the Customer’s use of the Platform including any decisions as to the submitting of Bookings and entering into the Agreement;

(d) each diagnosis and assessment (and any treatment plan and proposed prescriptions) made by a Clinician in respect of a Customer is based on the accuracy and completeness of the information provided by the Customer and the Clinician’s own professional opinion; and

(e) Mentalwell does not warrant that the Third-Party Content is accurate or complete,

and, therefore, Mentalwell shall have no liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, in respect of any of those matters.

11.3 Nothing in this Agreement shall limit or exclude either party’s liability for:

11.3.1 death or personal injury caused by negligence;

11.3.2 fraud or fraudulent misrepresentation; or

11.3.3 any other liability which cannot be lawfully limited or excluded.

11.4 Subject to clause ‎11.3, as far as legally possible:

11.4.1 and without prejudice to the remainder of this clause ‎11, Mentalwell shall not be liable for any loss or damage arising under or in connection with this Agreement that is not foreseeable; and

11.4.2 Mentalwell’s total aggregate liability arising under or in connection with the performance or contemplated performance of, this Agreement shall be limited to the total aggregate sum of the Fees paid by the Customer under the Booking to which the claim relates.

11.5 Nothing in this clause 11 affects your statutory rights as a UK consumer. For further information on your rights as a UK consumer, please visit this website: https://www.gov.uk/consumer-protection-rights.

12 Intellectual Property

12.1 The Customer acknowledges and agrees that Mentalwell and/or its licensors retain all title, rights and interest in and to the Intellectual Property Rights in the Platform and the Services. Except as expressly stated herein, this Agreement does not grant the Customer any rights to the Intellectual Property Rights in or to the Platform or the Services.

12.2 The Platform allows you to post comments and feedback [A8] on Clinicians the Services. By submitting any such comments or feedback, you agree that in doing so:

12.2.1 we have the right to use, copy, modify publish and distribute all such comments and feedback in any manner and on whatever media we may choose;

12.2.2 you waive all moral rights in and to such comments or feedback; and

12.2.3 to the extent that any material you post is protected by Intellectual Property Rights, you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free licence to use, copy, modify, publish and distribute any such material for any purpose related to our business.

13 Confidentiality

13.1 Subject to clause 13.2, Mentalwell agrees to keep all information of a confidential nature (including personal information relating to you) provided by you to Mentalwell confidential, and Mentalwell agrees not to disclose any such information to any third party except (i) as may be required by law or regulation, (ii) in circumstances where Mentalwell (in its absolute discretion) believes that you are breaking the law or that you are a risk to yourself or to others, or (iii) where you have authorised us to do so.

13.2 We may disclose any such confidential information to our employees, officers, representatives, consultants (including Clinicians), contractors or advisers who need to know such information for the purposes of this Agreement.

14 Data Protection [MH9]

Mentalwell will deal with any personal information that it collects or that you provide to Mentalwell about yourself or other individuals in accordance with its obligations under the Data Protection Legislation and its privacy policy (a copy of which is available at https://www.mentalwell.co.uk/privacy-policy).

15 Term and Termination

15.1 This Agreement shall commence on the date that you are first given access to the Services and shall remain in full force until the termination or expiry of the Agreement in accordance with these Customer Terms.

15.2 This Agreement will automatically expire on the later of: (i) the completion of the Services under a Booking you make and (ii) the date you cease to use the Platform.

15.3 Without affecting any other right or remedy available to it, Mentalwell may terminate this Agreement with immediate effect by giving written notice to you, if:

15.3.1 you commit a material breach of any term of this Agreement; or

15.3.2 you repeatedly breach any of the terms of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of this Agreement.

15.4 Termination or expiry of this Agreement howsoever arising shall not discharge either party from any existing obligation accrued prior to the date of termination which are intended either expressly or by implication to survive such termination or expiry (including terms relating to disclaimers, limitations of liability, intellectual property and confidentiality).

16 Force Majeure

Mentalwell shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Mentalwell or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, Covid-19, pandemic or epidemic, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of Mentalwell or its sub-contractors (including Clinicians), provided that the Customer is notified of such an event and its expected duration.

17 Notices

17.1 Any notice required or authorised to be given under this Agreement shall be in writing and shall be sent by email to:

17.1.1 Mentalwell at hello@mentalwell.co.uk.

17.1.2 You at the email address specified in your Account.

17.2 Any notice so given shall be deemed to have been received at 9.00 am on the next Business Day after transmission provided a “failed transmission” notification (or equivalent) is not received by the sender.

17.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution

18 Assignment and Other Dealings

You may not (without our prior written consent) but Mentalwell may at any time assign, sub-licence, sub-contract, transfer, novate, mortgage, charge or otherwise encumber, create a trust over or deal in any manner with this Agreement or any of its rights, liabilities or obligations under this Agreement.

19 Complaints

19.1 Please tell us about any complaints you may have as soon as possible so that we may try to resolve these with you.

19.2 If you have any complaints in relation to the Services, please contact us here: hello@mentalwell.co.uk.

20 General

20.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understanding between them, whether written or oral, relating to their subject matter.

20.2 Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in them. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

20.3 No variation to this Agreement shall be effective unless it is agreed in writing by Mentalwell.

20.4 These Customer Terms are current as at the date set out above. Mentalwell reserves the right to update these Customer Terms from time to time by on notice to you.

20.5 No failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that right or remedy.

20.6 If a court invalidates some of the terms of this Agreement, the rest of the terms of the Agreement will still apply. If a court or other competent authority decides that some of the terms of the Agreement are unlawful, the rest of the terms of the Agreement will continue to apply.

20.7 This Agreement is between you and us. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.

20.8 This Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the English courts shall have exclusive jurisdiction to settle and dispute or claim or matter brought by you in relation to this Agreement or its subject matter or formation.