Terms of Use

Acceptance of Terms

Flowsophy Mental Health Consultancy Pte. Ltd., also referred to as the “Company,” is a mental health consulting business officially registered in Singapore’s laws. These terms and conditions outline how you can use our services, places (like physical spaces, digital platforms, or online resources), and our website. When you decide to use our Mental Health Services and make use of our places, it means you (referred to as the ‘Client’) agree to follow these terms and conditions completely.

Counselors, Psychologists, Therapists and Mental Health Services

The Platform is designed to connect you with a Counselor, Psychologist, or Therapist, known as “Mental Health Practitioners” who will offer you services through the Platform, known as “Services.” We make sure that every member of our team providing these Mental Health Services on the Platform is a qualified, trained, and experienced licensed Mental Health professional, following the standards set by the Singapore Psychological Society and the Singapore Association of Counseling.

While we hope the Mental Health Services will be helpful for you, it’s important to understand and agree that they might not be the right fit for everyone’s needs. They may not be suitable for every specific situation.

We have the authority to limit or end our service based on clinical governance rules and ethical standards. This might happen if there are potential conflicts of interest with other mental health practitioners, or if there are safety concerns due to clients behaving violently or abusively during their mental health services. Additionally, we advise clients against switching between different practices where Mental Health Professionals are involved without making a written request and obtaining approval from the practice beforehand.

Privacy and Security

Ensuring the security and protection of any information you share through the Platform is of utmost importance to us. You can find detailed information about our security measures and privacy practices in our Privacy Policy.

Additionally, our services involve the use of third-party video communication software, which is governed by its own set of Terms and Conditions.

When you use the platform or agree to this agreement, you are also implicitly agreeing to the terms outlined in our privacy policy. This privacy policy is fully integrated into and considered a fundamental part of this agreement. Just like the rules governing changes and revisions to this agreement, the same rules also apply to any modifications or updates made to the privacy policy.

Third-Party Content

The Platform might include additional materials, products, or services that are provided by third parties, referred to as “Third Party Content.” This could involve links to Third Party Content, which may include connections to other websites or advertisements associated with Third Party Content.

Please note that we are not responsible for producing or generating any of this Third Party Content. This includes but is not limited to the products, practices, terms, or policies related to it. As a result, we will not be held accountable for any harm or loss that might arise from your interaction with Third Party Content.

Disclaimer of Warranty and Limitation of Liability

By utilizing our Platform and participating in our mental health services, you are willingly entering into an agreement to release and hold the Company and Mental Health Practitioners harmless from any potential legal claims or actions that may arise due to the use of the psychological services, the Platform, or the video communication software. This includes any actions, opinions, advice, suggestions, information, or services provided by Mental Health Practitioners, as well as any other content accessible through the Platform. Please understand that the Platform does not come with any warranties, and your use of it is entirely at your own risk, within the limits of the law.

The Company and Mental Health Practitioners explicitly disclaim all forms of warranties, both expressed and implied, and assume no responsibility for any medical expenses, injuries, or damages that may occur in connection to your use of the Platform.

It’s important to realize that we shall not be held liable to you or any third party for indirect, incidental, consequential, special, punitive, or exemplary damages. Furthermore, our total liability for damages related to this Agreement and any use of the Platform will not exceed the total amount you have paid through the Platform in the three-month period leading up to the date of your claim. Please be aware that any complaints should be submitted within a 30-day timeframe.

If the laws applicable to you do not permit such limitations of liability as stated above, we will adjust the limitations to comply with the applicable law. This section on limitation of liability will remain in effect even after the termination or expiration of this Agreement.

Your account, statements, behavior and commitments

You confirm that you have the legal capacity to consent to receiving our Mental Health Services and that you are over 18 years of age. If you are under the age of 18, you need the in-person approval of a parent or guardian. You also confirm that you are legally able to enter into a contract.

Furthermore, you acknowledge and agree that the information you provide on the Platform is accurate, true, updated, and complete. Throughout the term of this Agreement, you commit to maintaining and updating this information to ensure its accuracy and completeness.

You take responsibility for keeping your password and account security information confidential (“Account Access”). We recommend changing your password regularly and taking precautions to safeguard it.

You agree to promptly notify us of any unauthorized use or security breach of your Account Access.

You understand that we are not liable for any losses or damages resulting from unauthorized use of your account, with or without your consent or knowledge.

You acknowledge that you are fully responsible for all activities carried out using your Account Access. You also acknowledge that you will be held accountable for any damage or loss arising from the use of your Account Access by any person, whether authorized by you or not. You accept the responsibility to compensate us for any such harm or loss.

You agree not to use anyone else’s account or Account Access for any reason.

You confirm that your use of the Platform and Mental Health Services is for your personal use only, and you will not use them on behalf of others or organizations.

You commit not to interfere with or disrupt our systems, services, servers, networks, or the Platform’s infrastructure.

You agree not to misuse the Platform by posting, sending, or delivering unsolicited emails, malicious software, harmful content, content infringing on third-party rights, or content violating applicable laws.

You commit to complying with all applicable local, state, national, and international laws and regulations regarding your use of the Platform and your interactions with Mental Health Practitioners and us.

If you receive a file from us or a Mental Health Practitioner, you agree to scan it for viruses or malicious software before use.

You agree to indemnify, defend, and hold us harmless from any claims, losses, demands, liabilities, costs, or expenses arising from your use of the Platform, actions with your account, violation of this Agreement, non-payment for services, or violation of third-party rights.

You confirm that you will only use authorized Payment Means and provide accurate payment information. You agree to pay fees associated with your account according to the provided terms and rates.

For billing concerns, contact us at hello@flowsophy.org. We will assess your issue on a case-by-case basis and may offer solutions, including finding a new Mental Health Practitioner, extending your subscription, or issuing refunds where applicable.

Changes, Cessation, Interruptions, and Disruptions to the Platform

You agree, understand, and acknowledge that we have the right to make changes, temporarily suspend, interrupt, or terminate the Platform, any part of it, or your use of it. These actions could be applied to all clients or specifically to you, and they might occur with or without prior notice. You also understand and recognize that we won’t be held responsible for any of these actions or for any resulting losses or damages.

The proper functioning of the Platform relies on various factors including software, hardware, and tools – whether developed by us or by our contractors and suppliers. While we make reasonable efforts to ensure the Platform’s reliability and accessibility, you acknowledge that no platform can be completely flawless. As a result, we can’t guarantee uninterrupted access to the Platform, nor can we assure that it will always be consistently accessible, timely, or entirely free from errors.

Notices

We have the option to send you notifications or other messages regarding this agreement or any part of the Platform via email or text, using the contact information we have on file for you. The date of receiving such a notice will be considered the same day it is sent. If you need to send us notices, please use the email address hello@flowsophy.org for correspondence.

Important notes about our Agreement

This Agreement and our association with you will be understood and governed exclusively by the laws of Singapore and any countries where we provide services worldwide.

By agreeing to this, you firmly consent that any legal action or proceeding connected to this Agreement or our relationship with you, regardless of the basis, will exclusively take place in the Singapore Court of Law. You also give your unequivocal consent to the personal jurisdiction of these courts and waive any objections to their jurisdiction.

This Agreement constitutes the complete understanding between you and us. You affirm that you have not relied on any promises or representations from us except as outlined in this Agreement.

We may modify this Agreement by posting changes on the Platform. Unless otherwise specified, these modifications will take effect upon posting. Therefore, we recommend checking the terms of this Agreement regularly. The last update date is displayed at the bottom. If you continue using the Platform after the changes are effective, you agree to be bound by them. If you disagree with the changes, you should stop using the Platform and its services.

We have the right to transfer or assign this Agreement or its obligations freely.

The headings in this Agreement are for convenience and won’t affect its interpretation.

If any part of this Agreement is deemed illegal, invalid, unenforceable, or against the law by a court of competent jurisdiction, the remaining provisions will still apply.

For clarification, all clauses related to limitations of liability and indemnification will remain in effect even after this Agreement is terminated or expires.

When Can Client Confidentiality be Broken?

As a therapist, your relationship with your clients has therapeutic, economic, and legal dimensions. These relationships are governed by laws that require confidentiality on your part as a therapist. Confidentiality is a legal construct that prevents the disclosure of the events of therapy. Therapist confidentiality gives the client the assurance they can share whatever they want with you. Nonetheless, there are a number of critical limits of confidentiality in therapy. In some cases, due to forces outside your and your client’s control, your client can’t expect you to keep their disclosures private. Certain exceptions to confidentiality in therapy are at your discretion. In other cases, you are obligated to breach confidentiality in the name of public safety or your client’s health. In this article, we’ll discuss the concept of therapist confidentiality, describe when to break confidentiality in therapy, and give you a handful of tips on using your best judgment to keep confidentiality as intact as legally and ethically mandated.

The Definition of Therapist Confidentiality

Confidential information is information that is produced by a person who has a reasonable expectation that the information will only be shared by other people with the explicit consent of the person who produced it. Confidentiality of information is applicable without any time limit unless otherwise specified by the originating party. The therapeutic relationship between a therapist and their client contains an abundance of confidential information. This means that it cannot be shared without the consent of the client. Confidentiality applies legally to information that people are exposed to firsthand, but also secondhand. In other words, if you handle a piece of confidential information, you may be in a breach of confidentiality if you were not the one who was explicitly authorized to see the information or to disclose the information. If the regulations regarding confidentiality are breached, there can be legal recourse against all of the parties who were involved in the breach except for the originating party.

Why Does Confidentiality Exist?

As a therapist, you are obligated to uphold your profession’s ethical standards. Your clients have a right to privacy, and you have a duty to hold up your end of the bargain by respecting that right. Clients will share their most intimate problems with their therapists, and they do so with the understanding that their comments will not leave the room. Without the legal guarantee of therapist-client confidentiality, performing effective therapy would be much more difficult, especially if the client struggles with shyness or social anxiety. Furthermore, if clients couldn’t be certain of the privacy of the privileged communications they share with you, many wouldn’t be attending therapy at all. Confidentiality serves to protect clients from the outside world and provides a therapeutically essential way of compartmentalizing their lives.

Who Does Confidentiality Protect?

As a legal construct, confidentiality protects your clients first and foremost. The proceedings of therapy sessions are not events that are open to the public record as a result of confidentiality, which means that clients are allowed to discuss things that might be problematic in a wider context. Clients can be emotionally secure when they confide in their therapist, and they can also be certain they are protected from most admissions of crimes or breaches of contracts so long as they are made during therapy. Confidentiality also protects the therapist to a much lesser extent by relieving the therapist of the obligation to testify in legal matters involving the client’s therapy. If confidentiality were not enshrined in law, therapists could be compelled to testify regarding their client’s therapy for various legal or criminal proceedings, which would be a substantial amount of unpaid time resulting from therapeutic work with a client. Lastly, confidentiality laws protect the state. If confidentiality had to be agreed upon with a unique contract between every therapist and client, breaches of that contract would inevitably end up in court. This would add an additional burden to the court system, which confidentiality laws mitigate by preemptively defining critical elements of the legal and economic contract between therapist and client.

Which Circumstances Are Exempt from Confidentiality?

There are a handful of situations in which the normal rules regarding confidentiality do not apply. These exceptions to confidentiality in therapy crop up fairly frequently, and therapists need to know how to navigate them because they’re intertwined with essential business practices like billing. These situations do not necessarily obligate the therapist to breach confidentiality but rather pertain to situations in which confidentiality is subject to structured disclosures. Knowing the difference between these sanctioned openings in confidentiality and the situations where therapists are obligated to report a breach is critical to understanding confidentiality as a whole. There are four general situations that are exempt from confidentiality:

1. The client is an imminent and violent threat towards themselves or others.
2. There is a billing situation that requires a condoned disclosure.
3. Sharing information is necessary to facilitate client care across multiple providers.
4. Sharing information is necessary to treat the client.

Of these situations, only the first obligates therapists to break confidentiality. The limits of confidentiality in therapy stop at the gate whenever clients express the intent to harm themselves or others.

Which Situations Obligate Therapists To Break Confidentiality?

Knowing when to break confidentiality in therapy is key because there are certain situations in which the therapist is legally obligated to do so. If the therapist’s confidentiality is not breached in these cases, the therapist may be subject to censure if there is subsequently a discovery of their failure to fulfill their legal obligation. The following situations typically legally obligate therapists to break confidentiality and seek outside assistance:

• Detailed planning of future suicide attempts.
• Other concrete signs of suicidal intent.
• Planned violence toward others.
• Planned future child abuse.
• Formerly committed child abuse.
• Experiencing child abuse.
• Expecting to experience future child abuse.

These are general guidelines that should alert every therapist that they have reached the limits of confidentiality in therapy with their client. If therapists expect to approach these limits regularly with a given client, it may be helpful to explain to the client the obligations of the therapist. Nonetheless, doing so will likely compromise the therapeutic relationship with the client at least to a small extent. Explaining the limits of confidentiality before starting any therapy whatsoever may be a preferable choice to allowing a client to unwittingly breach confidentiality and then have the therapist’s legally obligated actions land the client behind bars or in a mental institution. As an addendum, there are also regulations in some places regarding the limits of confidentiality in therapy associated with certain crimes, such as:

• Money laundering
• Terrorism
• Drug trafficking

These regulations may not apply everywhere, however. Nonetheless, you should keep them in mind when discussing these situations with your client as they may not be subject to the protection of confidentiality.

Updated on 3 October 2024