1. Overview 

 

The company MENTRAC Sàrl (hereinafter: MENTRAC), registered in the Commercial Register of the Canton of Vaud (CHE-179.204.402) operates, at the internet address www.mentrac.com, a web platform dedicated to psychological support, intended for its customers residing in Switzerland, specifically individuals and employees of companies suffering from burnout, hereinafter referred to as the beneficiaries. 

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Beneficiaries may obtain, for a fee, services provided by psychologists approved by MENTRAC, but practising independently and under their own responsibility, in particular their therapeutic responsibility. 

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These services are provided in the form of confidential videoconference sessions between the beneficiary and the psychologist. 

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Psychologists help MENTRAC beneficiaries by listening and providing advice adapted to the specific difficulties they express. They do not make a medical diagnosis or assess the health status of MENTRAC beneficiaries from a medical point of view. 

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These General Terms and Conditions (GTC) formalise the entire contractual relationship between MENTRAC and the beneficiaries and therefore govern the use by customers of the services available on the platform. The use of the platform services constitutes unreserved acceptance of these GTC. 

 

The acceptance of the GTC is also formalised on the platform by a simplified transaction where the beneficiary is asked whether he or she has read the GTC and whether he or she accepts them. 

 

The GTC may be unilaterally amended by MENTRAC at any time (see Art. 12 GTC). 

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2. MENTRAC services and their confidentiality 

These services are currently (2024/2025) as follows: 

1. check-up subscription, including a fixed number of sessions (depending on the formula chosen) where the beneficiary discusses his or her psychological state with the psychologist of his or her choice. This service is available in several variants, with the beneficiary being invited to choose the one that suits him/her best. 

2. follow-up package, i.e. additional support by the psychologist chosen by the beneficiary. This service exists in several variants adapted to the needs of the beneficiaries. 

 

Duration: The services are valid for a fixed period of time that is indicated to the beneficiary on the platform at the time of purchase. The renewal of the services is governed by Article 4 of these GTC. 

 

Withdrawal: After purchasing a service (check-up subscription or follow-up package), the beneficiary has a withdrawal period of 30 days. However, this right of withdrawal lapses if and as soon as the beneficiary uses a MENTRAC service during the aforementioned period of 30 days. Any "satisfied or refunded" guarantee is expressly excluded. The withdrawal may be communicated by the beneficiary to MENTRAC directly from his customer account (see Art. 3 GTC). 

 

Residency requirement: MENTRAC services are exclusively intended for individuals residing in Switzerland. 

 

Access to services and confidentiality : The platform allows for easy contact between beneficiaries and psychologists. Appointments are scheduled on the platform. The sessions between the beneficiaries and the psychologists take place by videoconference on the MENTRAC platform, which ensures that the relationship between MENTRAC and the beneficiaries is as confidential as possible. 

 

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3. Customer account 

To access MENTRAC services, the beneficiary must first create a personal and non-transferable customer account on the platform. The beneficiary undertakes to fill in the required information fields in a manner that is truthful. It defines a unique password that is complex enough to limit the risk of theft. 

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4. Payment and renewal of MENTRAC services 

Payments relating to the use of the MENTRAC platform and the services rendered by MENTRAC-approved psychologists must be made in full before their first use. Payments are made exclusively by credit card or TWINT. In the absence of full payment, no services are available. 

 

Reimbursements, in particular in the event of the unavailability of psychologists: After the withdrawal period (Art. 2 GTC), MENTRAC will not issue any refunds. 

 

MENTRAC strives to provide its clients with a sufficiently large team of psychologists to meet the demand and to allow beneficiaries to replace a psychologist who has become unavailable. 

 

This is specified, in the event that: 

a) the collaboration of a MENTRAC psychologist chosen by the beneficiary ends during the period of validity of the service, or 

b) that a psychologist, whoever he or she may be, is unavailable for the duration of the service, 

no reimbursement or indemnity is due by MENTRAC to the beneficiaries. 

 

Renewal of services: Services automatically renew at the end of the term, for a new identical term, and, at the end of the new term, for additional terms, if applicable. 

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In order for the beneficiary to be able to communicate in good time to MENTRAC, if necessary, that he/she does not wish to renew the service for a new period, MENTRAC will send him/her a notice by email on the following dates: 

a) For check-up subscriptions: one month before the expiry date of the current subscription. 

b) For follow-up packages: one week before the current plan due date. 

 

The beneficiary informs MENTRAC, if applicable, of his/her decision not to renew the service at the latest on the expiry date of the current service, from his/her online customer account, in the settings section.  

 

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5. Cancellation of videoconference sessions 

Videoconference sessions with a psychologist can be validly cancelled if the cancellation is made at least 24 hours before the session. After this period, the cancelled session is counted as a session payable under the conditions of the current service. 

 

When a session has been cancelled and in the beneficiary’s own interest, the beneficiary should promptly schedule a new session on a date within the current service contract period. The same applies in the event of cancellation of a session due to the unavailability of the psychologist (illness or end of collaboration with MENTRAC). Sessions to which the service chosen by the beneficiary entitles the beneficiary, but which did not take place due to the above-mentioned circumstances, do not give rise to any right to reimbursement or compensation. 

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6. Change of psychologist 

Beneficiaries can request to change psychologists, free of charge. Where applicable, the session notes of the former psychologist, of which only he or she is aware, to the exclusion of MENTRAC, are sent to the new psychologist to ensure the consistency of the follow-up, unless the beneficiary explicitly objects to this transmission. 

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7. MENTRAC's responsibility for the availability of the platform 

and for the services rendered by psychologists 

MENTRAC strives to maintain, with diligence, the platform operational and accessible for its beneficiaries. However, it does not assume any guarantee that the platform will operate uninterrupted at all times. MENTRAC reserves the right to temporarily interrupt access to the platform's services for maintenance or security reasons or in the event of a technical problem. Temporary interruptions do not give rise to any compensation or indemnity. 

Psychologists provide listening and counselling services to MENTRAC beneficiaries suffering from specific difficulties under their own responsibility (Art. 1 GTC). MENTRAC therefore assumes no responsibility for the services rendered by psychologists. Nor does MENTRAC promise a result or guarantee that the services rendered produce the desired result by the beneficiary. MENTRAC cannot be held responsible for any ailments, disorders, illnesses or other personal difficulties suffered by beneficiaries despite the fact that they use the services of psychologists approved by MENTRAC on the platform. 

 

 

8. Beneficiary's computer equipment 

The beneficiary is solely responsible for his or her equipment, IT services and environment necessary to use MENTRAC's services effectively (computer, camera, microphone, Wi-Fi, availability of the Internet by the access provider, quality of the data flow, etc.). 

 

 

9. Intellectual Property 

The MENTRAC website, including the texts, information and other content published on it, is protected by copyright. Any reproduction, copy, processing, distribution or any other form of use for private or commercial purposes is prohibited, without the prior consent of MENTRAC. 4 

 

 

10. Data protection 

MENTRAC processes the personal data of beneficiaries and psychologists. 

 

This processing is exclusively limited to the purpose of performing the services provided on the MENTRAC platform, improving it, and communicating with beneficiaries and psychologists. The personal data of beneficiaries and psychologists is not sold, transferred or communicated in any way to third parties. However, the personal data of beneficiaries and psychologists are communicated to the third parties concerned to the extent strictly necessary for the payment of the services paid for by the beneficiaries on the MENTRAC platform. Further information on the processing of the personal data of the beneficiaries is provided in the document "MENTRAC Privacy Policy" . 

 

 

11. Applicable law and competent courts 

These Terms and Conditions are governed by Swiss law. 

 

PROROGATION OF JURISDICTION: For any dispute arising from the interpretation or application of the General Terms and Conditions, the courts of MENTRAC's registered office have exclusive jurisdiction, currently the courts of the Canton of Vaud, unless otherwise stipulated. 

 

 

12. Final provisions 

These GTC may only be derogated from by individual written agreement. 

 

MENTRAC may modify the General Terms and Conditions unilaterally and at any time. The only version validly governing the contractual relations between MENTRAC and the beneficiaries is the one published on the MENTRAC website. In the event of a significant change affecting the rights or obligations of the beneficiaries, information by email is sent before the entry into force of the new version. 

 

 

MENTRAC General Terms and Conditions in force since 20.12.2024.