Terms of Service

Terms and Conditions of Service

Terms and Conditions

The following Terms and Conditions (referred to as the “Terms of Use”) govern your access to and use of our online platform (the “Site”) and the services provided by Minda Inklusif Enterprise (the “Company”) to you (the “Client”).

By accessing the Minda Inklusif Site, you agree to these Terms of Use. If you do not agree with any part of these Terms, you must cease using the Site immediately. We reserve the right to terminate your access to the Site without notice should you be found in breach of these Terms.

We may modify these Terms of Use at any time at our absolute discretion. Such modifications shall be effective immediately upon posting. You agree to review these Terms periodically to remain aware of any changes; your continued access to the Site constitutes your acceptance of the modified Terms.

Our Services

The Site serves as a medium to connect you with our team, who will assist you in obtaining our services (the “Services”). These include, but are not limited to, screenings, assessments, and counselling provided by qualified Therapists (Clinical Psychologists or Counsellors) using third-party platforms (as detailed in our Privacy Policy), as well as consultation services by professional coaches.

Therapists are independent providers and are not employees, agents, or representatives of the Company. Our role is to facilitate the Services; the actual provision of care is the sole responsibility of the Therapist. Should you feel a Therapist does not meet your needs, you may request a transfer to another provider.

While we believe our Services are beneficial, you acknowledge and agree that online interventions may not be suitable for everyone, may not fit every situation, and are not a complete substitute for in-person clinical services.

In accessing our Services, you agree to provide your telephone number as well as a telephone number for an emergency contact person.

You agree, accept, and acknowledge that, subject to the following, it is your responsibility to determine whether the Services are suitable for your specific circumstances.

You acknowledge and accept that this Site is not designed for, nor suitable for, situations where you are considering self-harm or harming others, or where your safety or the safety of others is at risk, or if you are experiencing a medical emergency. You may refer to the crisis resources provided on the Site and use your own judgement in such circumstances. You understand that this platform is not designed for use in any of the aforementioned cases and the therapists cannot provide the required assistance in any of the cases stated.

This Site is not equipped to provide any information regarding medication or medical treatments that may be suitable for you. Do not ignore, disregard, or delay seeking in-person treatment from a doctor or other experienced professional because of information or advice you have received through Minda Inklusif.

This Site is also not intended for case management or crisis management, and you agree that the Therapist will not conduct such activities as part of the provision of Services.

If a Therapist matched with you ceases to serve with Minda Inklusif at any time after you have been matched, we will contact you to inform you that your Therapist is no longer with Minda Inklusif and that you have the opportunity to be matched with a new Therapist.

Service Limitations

The services provided by the Therapists do not encompass and/or cover the following: emergency services, cases involving high levels of aggression or ongoing abuse, positive suicide risk, as well as drug or alcohol rehabilitation. Due to these limitations, the psychologist reserves the right to suggest that the Client consider other options, such as government hospitals or relevant institutions.

Additionally, Minda Inklusif Enterprise and the Therapists shall not be involved in cases requiring assessment, therapy, the preparation of psychological documentation, or the provision of testimony for use in court or for any other legal purposes.

We reserve the right to refuse such cases. Should information related to such matters be withheld or not disclosed to the organisation and our Therapists, we reserve the right to retain the fees charged for services already rendered and to discontinue any further follow-up on the case.

Limitations in Online Communication

Clients should be aware that text-based communication, such as emails and live online chats, may lead to misunderstandings due to the absence of non-verbal cues. Even when using video conferencing software, bandwidth constraints and image clarity may affect comprehension. Psychologists, as observers of human behaviour, rely significantly on body language, tone of voice, eye contact, and other non-verbal signals when gathering information.

Should the Client have no prior experience with online psychological services, patience throughout the process is encouraged, and any ambiguous information should be clarified. Clients are also encouraged to provide further explanation when requested by the psychologist to facilitate communication and the effectiveness of the intervention.

Payment Terms

The fees payable for our Services are as follows, which are also advertised at www.mindainklusif.my.

The fee for each screening session is RM100.

For assessment and therapy sessions with a clinical psychologist, the standard consultation fee is RM280 for the first session (referred to as the intake session) with a Therapist for 90 minutes. Fees for subsequent sessions are RM200 per hour.

For counselling sessions, the standard consultation fee is RM220 for the first session (referred to as the intake session) with a Therapist for 90 minutes. Fees for subsequent sessions are RM150 per hour.

Fees must be paid in advance to access the Services.

Fees must be paid at least 2 days prior to the scheduled session. Late payment may result in the session being rescheduled to a different date.

You agree that should you be more than 20 minutes late for your session, your session will be cancelled and your fee shall be non-refundable.

Rescheduling and Cancellations

We do not accept rescheduling or cancellation requests within 24 hours of the appointment time. Payments for such appointments are non-refundable.

For rescheduling requests made within the 24-hour window due to extenuating circumstances (e.g., medical emergencies, bereavement, or accidents), the request will be forwarded to your Therapist. The decision to accept or decline the request rests solely with the Therapist. If you fail to attend a session without prior communication, the session is forfeited, and no refund will be issued.

Refund Policy

Should you decide not to proceed with the service and wish to apply for a refund, you must submit an application directly to the administrator. All approved refunds will be subject to a charge of 15% of the total payment made. This charge is to cover administrative costs as well as any work performed to manage your case prior to the refund application being made.

Refunds will be processed and credited to the original payment account within ten (10) working days from the date the refund application is approved.

The Company reserves the right to evaluate and approve refund applications on a case-by-case basis. This policy applies to all transactions unless stated otherwise in a specific agreement.

Private Agreements and Conduct

You agree that you shall not, or attempt to, enter into any private arrangements with our Therapists to provide any services that compete with any services offered by the Company without the express prior consent of the Company.

You agree that the Company reserves the right to refuse to provide any further Services (whether paid in advance or otherwise) should you breach this provision.

Disclaimer and Limitation of Liability

You hereby release the Company from any claims or legal actions arising from our Services, including delays, opinions, or actions by Therapists. The service and third-party platforms are provided “as is” without warranties of any kind, express or implied.

Our maximum liability, whether in contract or tort (including negligence), shall not exceed the fee paid for the specific session in question. We shall not be liable for any indirect, incidental, or consequential damages.

No Recording by the Client

You agree that you will not make any video or audio recordings during the session without express prior consent from your Therapist.

User Representations and Commitments

You agree, acknowledge, and accept that all input provided, statements made, and suggestions given by the Therapist during the session are solely for your consideration.

The Client agrees that the Client is entirely responsible for any decisions made (including acting upon such decisions) as a result of their discussions with the Therapist during the session.

Indemnity and Resposibility

You hereby release us and agree to hold us harmless from any legal actions and claims of any kind arising from the Company’s services, including (without limitation) any activity, delay, opinion, action, suggestion, information and/or services provided by the therapists and/or any content or information accessed through the Site.

You understand, agree and acknowledge that the Site and third-party platforms utilised by the Company are provided “as is” without any warranties, whether express or implied, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the Site and the Company’s services is at your own risk. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied.

You agree that the maximum limit of liability payable by us, whether in contract, tort (including negligence) or otherwise, shall not exceed the fee paid for the session, and we shall not be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential losses.

Should applicable law not permit the limitation of liability as stated above, such limitation shall be deemed modified only to the extent necessary to comply with the applicable law.

For the avoidance of doubt, this clause shall remain in force following the termination of services or the expiry of these terms of use.

User Representations and Commitments

You hereby confirm that you are legally able to provide consent to receive the Services and that you are legally able to enter into a contract.

You hereby confirm and agree that all information provided by you on or through the Site and third-party platforms, as well as information you will provide in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of these Terms of Use, you will ensure that this information is maintained and updated so that it remains accurate, current, and complete.

You agree and confirm that your use of the Site, including the Services, is for your personal use only and that you are not using the Platform or Services for or on behalf of any other individual or organisation.

You agree and undertake not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure.

You agree and undertake not to transmit, distribute, or communicate any of the following: (a) unsolicited emails and/or advertisements or promotions of goods and services; (b) malicious software or code; (c) content that is unlawful, harassing, invasive of privacy, abusive, threatening, vulgar, obscene, racist, or potentially harmful; (d) any content that infringes upon the rights of third parties, including intellectual property rights; (e) any content that may cause damage to third parties; (f) any content that may cause, influence, or encourage criminal acts or violate any applicable laws.

You agree and undertake not to violate any local, state, national, or international laws, statutes, regulations, rules, or codes of ethics related to the use of the services and your relationship with the Therapist and us.

In the event that you receive any files from us or from a Therapist, whether through the Platform or otherwise, you agree to check and scan these files for any viruses or malicious software before opening or using said files.

You shall indemnify, defend, and hold us harmless (including our shareholders, directors, officers, and employees) as well as the Therapists from and against any claims, damages, losses, causes of action, demands, costs, liabilities, or expenses (including, but not limited to, legal fees and expenses on a full indemnity basis) arising out of or related to any of the following: (a) your access to or use of the Platform; (b) any actions performed with your account or Account Access, whether by you or by another person; (c) your breach of any provision of these Terms of Use; (d) non-payment for any services (including the Services) provided through the Platform; (e) your violation of any third-party rights, including, without limitation, any intellectual property, publicity, confidentiality, property, or privacy rights. This clause shall continue to be in force after the expiry or termination of these Terms of Use.

You confirm and agree to use only credit cards or other payment methods (collectively “Payment Methods”) that you confirm and are fully authorised to use, and that all payment-related information you have provided and will provide in the future, to or through the Platform, is accurate, current, and correct and will continue to remain accurate, current, and correct.

You agree to pay all fees and charges associated with your Account in accordance with the fee schedules, terms, and rates published on the Platform. By providing us with your Payment Method, you authorise us to bill and charge you through said Payment Method and you agree to maintain valid Payment Method information within your Account details.

Should you have any concerns regarding billing or payment, please contact us immediately via email at admin@mindainklusif.my. We will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issues, including but not limited to assisting you in finding a new Therapist, or issuing a partial or full refund where applicable.