LEGAL POLICY AND DISCLAIMER

1. Introduction

This Legal Policy and Disclaimer ("Policy") governs the use of this website ("Website") and the services offered by Tranquil Mind Mental Health Services ("We," "Us," "Our"). You agree to comply with this policy by accessing or using this website. If you disagree, please discontinue use immediately.

2. Privacy Policy

This Website complies with the Kenya Data Protection Act, 2019. We collect, process, and store personal data responsibly. Data Collection: We collect personal data such as names, phone numbers, email addresses, and mental health-related information when users register, book appointments, or subscribe to services.

Purpose of Data Processing: Collected data is used strictly for service provision, appointment scheduling, customer support, and compliance with legal obligations.

Data Security: We implement appropriate security measures, including encryption and restricted access, to safeguard personal data against unauthorized access or disclosure.

Data Sharing: We do not sell, rent, or share personal data with third parties except when legally required or necessary to provide services (e.g., with licensed medical professionals bound by confidentiality agreements).

User Rights: Users have the right to request access to their data, request corrections, withdraw consent, and demand data deletion by contacting p.mahihu@gmail.com or 0719862866.

3. Confidentiality & Ethical Compliance

As a mental health service provider, we adhere to the Health Act, 2017 and professional ethical guidelines.

All sessions and consultations remain confidential unless:

a. There is a risk of harm to the client or others.

b. We receive a valid court order requiring disclosure.

c. Disclosure is required under Kenya’s laws regarding child protection and abuse prevention.

Confidentiality does not apply to public communication channels such as social media, emails, or third-party messaging platforms where privacy cannot be guaranteed.

4. Terms and Conditions of Use

By using this Website, you agree to the following:

a. You are at least 18 years old or have parental/guardian consent if accessing mental health services as a minor.

b. You will not misuse, copy, or distribute website content without prior written approval.

c. You acknowledge that the information on this Website is for educational and informational purposes only and does not constitute a doctor-patient relationship.

d. You will not engage in abusive, threatening, or fraudulent behavior while interacting with our team or using the Website.

5. Online Therapy & Telehealth Disclaimer:

Our online therapy and counseling services are provided in compliance with the Mental Health Act, 2022. Online counseling may not be suitable for individuals experiencing severe psychiatric distress, psychosis, or emergency mental health crises. We do not provide emergency medical care. If you are in distress, please contact emergency services at 999 or visit the nearest hospital. Online therapy may have limitations, including technological disruptions and reduced effectiveness for certain conditions. Clients are responsible for ensuring privacy during online sessions.

6. Payments, Refunds & Cancellation Policy

Where applicable, payments for services must be made in advance.

Refunds:

a. Refunds are granted only under the following conditions:

i. A session is canceled at least 24 hours in advance.

ii. We fail to deliver the booked service due to technical issues or provider unavailability.

Refund requests must be submitted via p.mahihu@gmail.com or 0719862866 within 7 days of payment.

Cancellations: Clients must notify us at least 24 hours before an appointment to reschedule or receive a refund.

No-Shows: Clients who miss their appointment without prior notice forfeit their payment.

7. Intellectual Property Rights

All content, including text, images, logos, videos, and resources, is protected under the Copyright Act (2001). Unauthorized reproduction, distribution, or modification of any content is strictly prohibited without written permission.

We use stock images from Pexels and a video on this Website. These materials are used under appropriate licenses, and we do not claim ownership of them.

8. External Links Disclaimer

This Website may contain links to external websites for informational purposes. We do not endorse, control, or assume responsibility for external content, privacy policies, or practices.

9. Liability Disclaimer

While we strive to provide accurate and up-to-date information, we do not guarantee that all content on this Website is free from errors or omissions. This Website and its services are provided on an "as-is" basis without any warranties, express or implied. We shall not be liable for any direct, indirect, incidental, or consequential damages arising from: The use or inability to use our Website. Technical failures, including but not limited to loss of internet connectivity during telehealth sessions. Misuse of advice, guidance, or therapeutic suggestions provided.

10. Compliance with Kenyan Laws

We operate in strict compliance with: The Data Protection Act, 2019 The Health Act, 2017 The Mental Health Act, 2022 The Copyright Act, 2001 Any other relevant Kenyan laws governing medical and psychological services

11. Complaints & Contact Information

If you have concerns or complaints regarding our services or data protection practices, you may contact us at: Email: p.mahihu@gmail.com Phone: 0719862866 Office Address: Nanyuki Town Data Protection Officer: Paul Njogu

12. Amendments to This Policy

We reserve the right to modify this Policy at any time. Changes will be effective upon posting on this Website. Users are encouraged to review this Policy periodically.

By using this Website, you acknowledge that you have read, understood, and agree to be bound by this Legal Policy and Disclaimer.

Last Updated: 14th February 2025