Please read these Terms of Service carefully before using Mindwell’s website or services. These Terms, together with our Privacy Policy and Cancellation Policy, form a legally binding agreement between you and Mindwell Ltd.
Implied acceptance: By accessing our website, booking a session, completing an intake form, attending a session, or otherwise engaging with any Mindwell service, you agree to be bound by these Terms of Service, our Privacy Policy, and our Cancellation Policy.
This agreement is binding regardless of whether you have signed a separate written consent or intake form. If you do not agree to these Terms, you must not use our services.
Important: Mindwell is not a crisis service
Mindwell and its psychologists are not available 24/7 and cannot respond to mental health emergencies. Our services are not appropriate for acute mental health crises or situations involving immediate risk to life.
If you or someone else is in immediate danger, call 111.
Other NZ crisis support services:
1737: Need to Talk? Free call or text, 24/7
Lifeline: 0800 543 354, 24/7
Suicide Crisis Helpline: 0508 828 865, 24/7
Samaritans: 0800 726 666, 24/7
1. About Mindwell
Mindwell Ltd (“Mindwell,” “we,” “us,” or “our”) is a New Zealand registered company that operates an online platform facilitating access to independent, registered psychologists. Mindwell acts as a platform and administrative service provider; it does not directly employ the psychologists who provide clinical services through the platform.
Contact: team@mindwell.co.nz
2. Eligibility
To use Mindwell’s services, you must:
- Be aged 16 years or older
- Be located in New Zealand at the time of your sessions
- Have access to a suitable internet-connected device for video sessions
- Be engaging voluntarily and have capacity to consent to psychological services
Mindwell’s services are intended for individuals seeking non-urgent, voluntary psychological support. They are not suitable for individuals who require acute crisis intervention, inpatient care, or emergency mental health services.
Clients aged 16–17: Clients aged 16 and 17 may engage with Mindwell’s services and provide their own consent to treatment in accordance with New Zealand law. While parental or guardian consent is not required, your psychologist may, at their clinical discretion, discuss whether involving a parent or guardian would be in your best interests. Anyone under the age of 16 is not eligible to use our services.
Location requirement: The requirement that you be physically located in New Zealand at the time of each session reflects the regulatory and jurisdictional requirements applicable to the registered psychologists providing services through our platform. Sessions cannot be conducted with clients who are outside of New Zealand at the time of the session, regardless of residency status.
3. The Nature of Psychological Services
Mindwell provides an online platform through which clients can book and attend video-based psychological therapy sessions with independent, registered psychologists. All sessions are delivered via secure video call.
Mindwell is not a clinical service provider. The therapeutic relationship, clinical decisions, treatment planning, and all professional obligations exist between you and your individual psychologist, not between you and Mindwell. Mindwell’s role is limited to facilitating bookings, processing payments, and maintaining administrative records.
Psychologists working through Mindwell use evidence-based, research-supported treatments and take a collaborative approach to goal-setting and in-session work. The first few sessions will involve gathering information and assessing your needs. Your psychologist will discuss their initial impressions and treatment recommendations with you, and together you will establish mutually agreed goals and a treatment plan.
Benefits and risks of therapy: Psychological therapy has well-established benefits, including improvements in relationships, problem-solving, and reductions in emotional distress. However, therapy often involves discussing difficult aspects of your life and may temporarily increase feelings of discomfort or distress. While we aim to support meaningful improvement, there are no guarantees of specific outcomes. Psychotherapy is usually not a quick fix, and the length of treatment varies depending on the approach and the nature and severity of the concerns being addressed. If at any point you have questions about the process or concerns about your progress, you are encouraged to raise them directly with your psychologist.
4. Psychologist Independence and Credentials
All psychologists who provide services through the Mindwell platform are independent contractors, not employees of Mindwell. As a condition of operating through the Mindwell platform, each psychologist is required to:
- Hold current registration with the New Zealand Psychologists Board (Te Poari Kaimātai Hinengaro o Aotearoa) and maintain a current Annual Practising Certificate (APC)
- Hold their own current professional indemnity insurance at a level appropriate to their practice
- Comply with the Code of Ethics for Psychologists Working in Aotearoa New Zealand and all relevant professional and legal obligations
- Practise within their scope of competence
You can verify a psychologist’s current registration and APC status on the NZ Psychologists Board’s public register at www.psychologistsboard.org.nz.
Mindwell takes reasonable steps to verify these credentials at onboarding and requires psychologists to notify Mindwell of any change to their registration status. However, Mindwell does not accept liability for the clinical conduct, advice, treatment decisions, or professional actions of any individual psychologist operating through the platform. Any complaint regarding clinical care should be directed in the first instance to the treating psychologist, and may be escalated to the Health and Disability Commissioner (HDC) at www.hdc.org.nz or the New Zealand Psychologists Board.
5. Therapy Process and Ending
Psychology sessions typically occur weekly or fortnightly, depending on your needs and goals. Your psychologist will discuss the expected length and structure of therapy with you early in treatment, and a timeframe or number of sessions will usually be agreed collaboratively.
The way therapy ends is important. Where possible, therapy is brought to a gradual, planned close, with sessions becoming less frequent over time as goals are met. Your psychologist will aim to ensure the ending of therapy is predictable, respectful, and discussed with sufficient notice.
Psychologist unavailability: In the event that your psychologist becomes unexpectedly unavailable (for example, due to illness, resignation, or other unforeseen circumstances), Mindwell will endeavour to notify you promptly and, where possible, assist with arranging continuity of care or a referral to another available psychologist. Where continuity is not immediately possible, Mindwell will provide guidance on seeking alternative support. Mindwell is not liable for any interruption to services arising from a psychologist’s unavailability, provided reasonable steps are taken to notify you and facilitate transition of care.
6. Not a Crisis or Emergency Service
Mindwell and the psychologists on our platform are not equipped to provide crisis intervention or emergency mental health services. Our services are not a substitute for emergency care.
If at any point you are experiencing thoughts of suicide or self-harm, are at risk of harming yourself or others, or are experiencing a mental health emergency, you must contact emergency services (111) or a crisis support line immediately (see above).
By using our services, you acknowledge and accept that Mindwell and its psychologists cannot be held liable for harm arising from a failure to seek emergency or crisis care, or from engaging with Mindwell’s services in circumstances where crisis or emergency intervention was required.
7. Booking, Payment, and Additional Services
Sessions are booked through Mindwell’s online booking system. By completing a booking, you agree to our Cancellation Policy. Appointment availability is subject to capacity. If no times are available in the booking system, please contact us at team@mindwell.co.nz to be added to our waitlist.
- All fees are in New Zealand dollars (NZD) and are listed exclusive of GST unless otherwise stated
- Payment is required at the time of booking
- All payments are processed securely via Stripe. A card processing fee of 2.9% + 60¢ applies to all transactions
- We do not accept bank transfers
- Session fees are displayed clearly on our website and are subject to change with reasonable notice
Additional professional services: Services beyond your standard therapy sessions, including preparation of written reports, GP or specialist correspondence, therapy summaries, attendance at meetings, or telephone consultations you have authorised or requested, may be charged separately in addition to your session fee. Your psychologist will advise you of the applicable fee before undertaking any such work, and your agreement will be obtained. You are responsible for any such costs.
Right to cancel a booking: While Mindwell welcomes clients from across New Zealand, we reserve the right to cancel a confirmed booking where, on review of your intake information, we determine that our services are not clinically appropriate for your needs, for example where your presentation requires a higher level of care than we are able to provide, falls outside the scope of practice of our psychologists, or where we are otherwise unable to provide services safely and appropriately. In these circumstances, you will be notified as soon as possible, a full refund of any amount paid will be issued promptly, and we will, where possible, provide a signpost to a more appropriate service or provider.
Legal proceedings: It is Mindwell’s policy not to voluntarily participate in legal proceedings. In the unlikely event that a psychologist is ordered by a court to release information about you or to testify in proceedings you are involved in, you are responsible for the cost of the psychologist’s time and any associated costs, whether or not they are compelled to testify or provide information by another party.
8. Consent to Treatment
Your psychologist will seek your informed consent to treatment in accordance with their professional and ethical obligations. You will be asked to complete a consent and intake form as part of the booking process.
In the event that you do not complete the intake or consent form prior to your session, your engagement with Mindwell’s booking system and attendance at a session constitutes implied consent to the psychological services provided. You retain the right to withdraw consent at any time by communicating this to your psychologist.
Emergency contact and GP details: As part of the intake process, you will be asked to provide an emergency contact (name, relationship, and phone number) and, where applicable, your GP or other treating healthcare provider’s details. By providing this information, you consent to Mindwell or your psychologist contacting your emergency contact or GP where this is considered clinically necessary by your treating psychologist, for example in the event of a safety emergency or where clinical coordination with your GP is appropriate to your care.
9. Use of Artificial Intelligence
Mindwell and the psychologists on our platform use AI-powered tools to support the delivery and administration of services. By using our services, you acknowledge and agree to the following:
- Session transcription: AI transcription is active by default. Your psychologist initiates transcription at the start of each session. Transcripts are stored as part of your clinical health record. To opt out, notify your psychologist before the session begins.
- Clinical reasoning support: Carepatron’s AI assistant may be used by your psychologist to help think through clinical concepts and documentation. This supports your psychologist’s professional judgement and does not replace it. All clinical decisions remain the sole responsibility of your treating psychologist.
- Other AI tools: psychologists and Mindwell staff may use third-party AI tools for administrative purposes. Where AI tools are used in connection with any client work, Mindwell requires psychologists to use only de-identified information that cannot be used to directly identify you.
- No AI clinical decisions: no AI tool used by Mindwell or its psychologists makes clinical decisions or provides therapeutic advice. AI tools are used solely to support human professionals.
- Third-party processing: where AI functionality is provided by third parties, your information may be processed in accordance with those providers’ privacy policies. Mindwell takes reasonable steps to ensure appropriate data handling standards are maintained.
By booking and attending a session without notifying your psychologist of an objection to AI transcription, you consent to its use. Full details are set out in our Privacy Policy.
10. Confidentiality and Mandatory Reporting
Your psychologist is bound by professional obligations of confidentiality under the Code of Ethics for Psychologists Working in Aotearoa New Zealand. All information shared in sessions is treated as strictly confidential. However, confidentiality has legal and ethical limits. Your psychologist may be required or permitted to disclose information without your consent in the following circumstances:
- Where there is a serious and imminent risk to the life of you or another person
- Where required by a court order, subpoena, or other legal obligation
- Where mandatory reporting obligations apply under New Zealand law
- Where you disclose detailed and specific information about prior serious offences you have committed for which you have not been charged, and where disclosure is required or permitted by law
- Where disclosure to another healthcare provider is reasonably expected in the circumstances and is directly related to the purpose for which your information was collected, for example providing a treatment summary to a referring GP or correspondence with another treating clinician
Any disclosure beyond these circumstances will only occur with your explicit written consent. These obligations apply to both the individual psychologist and to Mindwell, consistent with the Health Information Privacy Code 2020.
11. Clinical Supervision
As required by the New Zealand Psychologists Board and the Code of Ethics for Psychologists, psychologists providing services through Mindwell engage in regular clinical supervision with an experienced supervisor and/or peer consultation. Supervision is a professional and ethical requirement designed to support the quality and safety of care provided to clients.
Your psychologist may raise themes or clinical concepts from sessions in supervision in order to better understand how to support you. Psychologists will not disclose identifying information about you in supervision. Only de-identified case material may be discussed. If you have questions about supervision, you are welcome to raise them with your psychologist.
12. Client Conduct and Expectations
When engaging with Mindwell’s services, you are expected to:
- Attend sessions at the agreed time and engage diligently with the therapeutic process
- Provide more than 48 hours’ notice if you need to cancel or reschedule (see our Cancellation Policy)
- Participate in sessions free from the influence of alcohol or illicit substances
- Not record any session, in whole or in part, by any means (including audio, video, or screen recording) without the prior written consent of your psychologist. Unauthorised recording of sessions is a breach of these Terms and may result in termination of services
- Treat your psychologist and any Mindwell staff with respect at all times
- Use appropriate and respectful conduct throughout all interactions with Mindwell, including by email, phone, and video session
Mindwell reserves the right to immediately terminate access to services where conduct is abusive, threatening, harassing, or otherwise disrespectful toward any psychologist or Mindwell staff member. Any fees paid for a session terminated on these grounds will not be refunded.
13. Availability and Response Times
Clinical contact with your psychologist is limited to your scheduled sessions. Any contact outside of sessions is for administrative purposes only, such as booking, rescheduling, or cancelling appointments. Clinical matters, including questions about your treatment or mental wellbeing, should be raised within your scheduled sessions. Mindwell’s psychologists are not able to provide clinical support, advice, or crisis intervention between sessions.
For administrative enquiries, Mindwell will endeavour to respond to emails and messages within one business day. If you contact us outside business hours, we will respond on the next working day.
If you are experiencing distress between sessions, please use the crisis resources listed at the top of this document, or speak with your psychologist at your next session about strategies for managing difficult periods between appointments.
14. Your Consumer Rights
This service is bound by the Code of Health and Disability Services Consumers’ Rights (“the Code”). As a consumer of health services in New Zealand, you have the following rights under the Code:
- Right 1: The right to be treated with respect
- Right 2: The right to freedom from discrimination, coercion, harassment, and exploitation
- Right 3: The right to dignity and independence
- Right 4: The right to services of an appropriate standard
- Right 5: The right to effective communication
- Right 6: The right to be fully informed
- Right 7: The right to make an informed choice and give informed consent
- Right 8: The right to support
- Right 9: Rights in respect of teaching or research
- Right 10: The right to complain
For a full explanation of your rights, visit the Health and Disability Commissioner’s website at www.hdc.org.nz.
15. Limitation of Liability
To the maximum extent permitted by New Zealand law:
- Mindwell provides its platform “as is” and makes no warranties, express or implied, regarding the outcome of any psychological services
- Mindwell is not liable for the clinical decisions, advice, or conduct of any psychologist operating through the platform
- Mindwell is not liable for any loss, harm, or damage arising from your use of, or inability to use, the platform or services
- Mindwell is not liable for any harm arising from a mental health crisis, emergency, or safety event where our services were not, and are not, designed to provide emergency support
- Mindwell’s total liability to you for any claim arising from the use of the platform (excluding the clinical services of individual psychologists) is limited to the fees paid by you for the session(s) directly related to the claim
Nothing in these Terms excludes liability that cannot be excluded under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
16. Complaints
If you have a complaint about Mindwell’s administrative services, please contact us at team@mindwell.co.nz. We will acknowledge your complaint within 5 working days and aim to resolve it within 20 working days.
For complaints about clinical care provided by a psychologist, you may contact:
17. Governing Law
These Terms of Service are governed by the laws of New Zealand. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.
18. Changes to These Terms
We may update these Terms from time to time. The current version will always be published on our website. Continued use of our services after any update constitutes acceptance of the revised Terms.
