Terms & Conditions

The Agreement

The following are the Terms and Conditions (the “Agreement”) which govern your access and use of the Santum platform through which counseling and therapy may be provided. Santum platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website Santum.net and its related apps.

By accessing or using Santum platform, you are entering into an agreement. You should read this agreement carefully before starting to use the Santum platform. If you do not agree to be bound to any terms of this agreement, you must not access Santum.

When the terms “we”, “us”, “our” or similar are used in this agreement, they refer to any company that owns and operates Santum.

Therapist Services

The Santum platform may be used to connect you with a Therapist who will provide services to you through the platform.

We require every Therapist providing services on the Santum platform to be a qualified and accredited registered psychologist, registered counsellor, registered marriage and family therapist, registered clinical social worker, registered professional therapist, or similar applicable recognized professional qualification.

Santum verifies to its best ability Therapist’s identity, qualifications, credentials, biographic information, licenses, and registrations held.  This vetting process may be subject to misrepresentation. Santum assumes no responsibility nor liability for any act of negligence, misrepresentation or omission during and after the verification process, whether such misrepresentation occurred on the part of Santum or the Therapist.

The Therapists are independent providers who are neither employees nor agents nor representatives of Santum. Santum’s role is limited to enabling the Therapist counselling services while the Therapist services themselves are the responsibility of the Therapists who provides them. If you feel the Therapist services do not meet your requirements or expectations, you may change to a different Therapist who provides services through the Santum platform.

You understand, agree and acknowledge that therapy through the Santum platform may not be the appropriate solution for your needs, and that it may not be appropriate for every particular condition or situation, and/or may not be a complete substitute for a face-to-face therapy or care.

SANTUM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-OFFICE EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED MEDITACION OR ANY OFFICIAL DOCUMENTATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SANTUM PLATFORM.

IF YOU ARE IN LIFE THREATENING SITUATION OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL ONE OF THE EMERGENCY LINES LISTED ON SANTUM WEBSITE AND NOTIFY THE RELEVANT AUTHORITIES. SANTUM THERAPISTS CANNOT PROVIDE EMERGENCY ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

Completion of Sessions (60% Engagement Rule)

Your packages entitle you to 50 minute live sessions. Unfinished or interrupted sessions shall be deemed ‘complete and payable’ after the minimum of 30 minutes of uninterrupted engagement (60% engagement rule). Failure to join the session within 20 minutes of scheduled time will deem the session ‘payable’. You can cancel or reschedule sessions at least 24 hours prior to the booked time. Should you fail to reschedule or cancel within this time frame your session will be deemed ‘payable’.

If you are on ‘Any Time Messaging’ package you can expect approximately 50 minutes per week of messaging engagement from the therapist, which equals to an average of 7-8 minutes per day. Unfinished or interrupted one week packages shall be deemed ‘complete and payable’ after a minimum of 30 minutes of engagement, and four week packages after a minimum of 120 minutes of engagement (60% engagement rule). You understand that ‘Any Time Messaging’ is unscheduled and will be provided at your therapist’s free time.

Privacy and Security

Protecting and safeguarding any information you provide through the Santum platform is very important to us. Information about our security and privacy practices can be found on our Privacy Policy page on https://santum.net/privacy-policy/

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE SANTUM PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

Third Party Content

Santum website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content or advertisements which are related to Third Party Content. Santum has no responsibility for the creation of any such content, including (but not limited to) any related products, articles, practices, terms or policies. Santum will not be liable for any damage or loss caused by any Third Party Content.

Sourced Products

Santum may source products or services from third parties, such as ‘self-help courses’, ‘wellness apps’ or ‘wellness audio’. Santum has no responsibility for the creation of any such content, including (but not limited to) any related products, articles, practices, terms or policies. Santum will not be liable for any damage or loss caused by any sourced products or services.

Forum Disclaimer

Santum may facilitate use of platform forum or social media forum for the sole use of Santum’s members. Santum will not be liable for any damage or loss caused by any act, omission, opinion, response, advice, suggestion, information, misrepresentation, derogatory or inflammatory comment or statement made by any participant of the Santum forum.

Disclaimer of Warranty and Limitation of Liability

YOU HEREBY RELEASE SANTUM AND AGREE TO HOLD SANTUM HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR THERAPY DATA BREACH AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SANTUM PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE SANTUM PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SANTUM WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT SANTUM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Conduct, Obligations and Commitments

You hereby confirm that you are of legal age, legally able to consent to receive Santum services, and that you are legally able to enter into an agreement.

You hereby confirm and agree that all the information that you provide in or through the Santum platform, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account.

You agree to notify us immediately of any unauthorized use of your account or any other concern for breach of your account security.

You agree, confirm and acknowledge that Santum will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your account access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your account access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use Santum account of any other person for any reason.

You agree and confirm that your use of the Santum platform is for your own personal use only, or for your company’s staff (if on Institutional Membership), and that you are not using the Santum platform on behalf of any other person or organization.

You agree and consent to the use of ICD-10 diagnostic codes on your account, emails, invoices and printable material as assigned by your therapists;  you will indemnify Santum from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses arising out of ICD-10 code disputes or privacy violations.

You agree and commit not to interfere with any of Santum’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Santum platform for the posting, sending or delivering of unsolicited email and/or advertisement or promotion of goods and services; malicious software or code; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; any content that infringes a third party right including intellectual property rights; any content that may cause damage to a third party; any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, national or international law, statute, regulation or ethical code in relation to your use of the Santum platform and your relationship with the Therapists and Santum.

If you receive any file from us or from a Therapist, whether through the Santum platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify Santum from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses arising out of or relating to your access to or use of the Santum; any actions made with your account or Account Access whether by you or by someone else; your violation of any of the provisions of this Agreement; non-payment for any of the services (including Therapist fees) which were provided through the Santum platform; your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other offered payment methods which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Santum, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your account on a timely basis and according to the fees schedule, the terms and the rates as published in the Santum platform. By providing us with payment you authorize us to bill and charge you accordingly, and you agree to maintain valid payment information in your account settings.

SANTUM RESERVES THE RIGHT TO UPDATE OR AMEND WITHOUT PRIOR NOTICE OF ANY PRICES OR CHARGES ASSOCIATED WITH THE USE OF THE PLATFORM. THIS INCLUDES CHANGES IN THE FEES STRUCTURE, MEMBERSHIP AND SERVICE CHARGES, COUNSELING FEES, PRODUCT PRICES, FINANCIAL TRANSACTION COSTS AND THE LIKE.

Forfeiture and Refunds

Anytime messaging and live session packages are valid for a period of 3 months. All unused sessions will expire after 90 days from the date of purchase, and any credit in your account will be forfeited and donated to the South African Depression and Anxiety Group (SADAG).

In general, money refunds are not permitted. Requests for refunds will only be considered under exceptional circumstances and on case-by-case basis. Should you feel that your case has merit as ‘exceptional’ you may contact us via ‘Contact & Support’ link in your account.

Cancellation of Sessions and Anytime Messaging

Santum reserves the right to cancel (without refund) all unused sessions or Anytime Messaging packages after 90 days from purchase.

Disruption of Service

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue Santum service, any part of the Santum platform or the use of the Santum website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

Santum platform depends on various factors such as power utility, software, hardware, tools, and equipment either our own or those owned and/or operated by our suppliers or therapists. While we make every effort to ensure Santum’s reliability and accessibility, you understand and agree that no online platform can be 100% reliable and accessible and so we cannot guarantee that access to the Santum platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all time.

Copyright Disclaimer

Content of Santum website is developed, serviced and maintained by many affiliated and outsourced providers such as developers, coders, designers, copy writers, ISPs, hired site maintenance, hosting and IT support companies.  Although effort is made to ensure that content is authentic and copyright free, Santum will not be held liable for erroneous, unauthorized and unsanctioned material posted on its site.

We disclaim any responsibility or liability for copyrighted materials posted on our site (including but not limited to names, titles, images, graphics and text content) which may have been used without our consent or knowledge by site providers. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below in ‘Notices of Alleged Infringement’.

We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to us.

Notices of Alleged Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our website by sending us a notice (“Notice”) complying with the following requirements.

• Identify the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:

1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature.

Integration with Santum AI

Santum AI is provided and operated as a separate and independent service from Santum, notwithstanding any integration, interoperability, shared branding, or access pathways that may exist between the two platforms. Such integration is provided solely for user convenience and does not constitute, nor shall it be interpreted as, creating a single legal entity, joint venture, partnership, agency relationship, or unified service offering.

Access to and use of Santum AI are governed exclusively by the Santum AI Terms of Use and Santum AI Privacy Policy (collectively, the “Santum AI Terms”), which are separate from and in addition to this Agreement. By accessing or using Santum AI, users enter into a distinct contractual relationship with the operator of Santum AI and agree to be bound by the Santum AI Terms independently of their relationship with Santum.

Santum and Santum AI may act as separate data controllers or, where applicable, independent responsible parties under relevant data protection laws, including but not limited to the Protection of Personal Information Act, 2013 (“POPIA”). Each entity determines independently the purposes and means of processing personal information collected through its respective services. Any sharing of personal information between Santum and Santum AI shall be conducted in accordance with applicable law and each party’s respective privacy policies.

Santum does not assume responsibility or liability for the operation, availability, content, outputs, or data handling practices of Santum AI, except to the extent expressly required by applicable law. Likewise, Santum AI does not assume responsibility or liability for Santum’s services. Users acknowledge that interactions with Santum AI, including any reliance on its outputs, are undertaken at their own discretion and risk, subject to the Santum AI Terms.

Where Santum provides links, embedded access, or authentication mechanisms (including single sign-on) to Santum AI, such functionality does not modify or supersede the applicability of the Santum AI Terms. Users may be required to separately review and accept the Santum AI Terms prior to accessing or continuing to use Santum AI.

In the event of any conflict or inconsistency between this Agreement and the Santum AI Terms, the Santum AI Terms shall prevail solely with respect to the Santum AI service, and this Agreement shall continue to govern all other aspects of Santum.

Santum Notices

From time to time Santum may provide notices or other communications to you regarding this agreement or any aspect of the Santum platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY SANTUM EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this agreement by posting modifications on the Santum website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this agreement frequently. By using Santum platform after the changes become effective, you agree to be bound by such changes to the agreement. If you do not agree to the changes, you must terminate access to the Santum platform and participation in its services.