Terms & conditions

1. Who we are

These terms are an agreement between you and TherapyNow (Pty) Ltd, a private company registered in South Africa (registration number 2022/281383/07, VAT number 4830322865), trading as MyTruth (“MyTruth”, “we”, “us”).

The information below is provided in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA):

Physical address and address for legal notices

7A Bryn Road, Lakeside, Cape Town, Western Cape

Directors

Elza Berk

Contact

Email accounts@mytruth.co.za · Phone 073 830 8021 · WhatsApp 060 042 0173 · Website mytruth.co.za

Professional registration

Our counsellors are registered with the Health Professions Council of South Africa (HPCSA), the Association for Supportive Counsellors and Health Practitioners (ASCHP), the Counsellors Council of South Africa (CCSA) or the South African Council for Social Service Professions (SACSSP), and follow those bodies’ codes of ethics. Our founder, Elizabeth (Elza) Berk, is registered with the ASCHP (WCW/271).

Privacy policy

Our Privacy Policy explains how we handle your personal information under the Protection of Personal Information Act 4 of 2013 (POPIA) and forms part of these terms.

2. Accepting these terms

2.1 These terms apply to every MyTruth service: individual, couples, family, student and teen counselling, “Talk now” sessions, session packages, gift sessions, corporate and EAP sessions, and the Addiction/Harm Reduction Counselling Programme.

2.2 You accept these terms when you tick the box or tap Pay at the end of a booking, or when you attend a session. Before you pay, the booking screens show you what you are buying, the price, and a link to these terms, and you can go back and correct mistakes or cancel.

2.3 When you book, you give us your name, email address, a phone or WhatsApp number and an emergency contact; we need these to confirm your booking and to keep you safe. You confirm that the information you give us is true and complete, that you are at least 18 (or have parental consent under clause 4), and that you are legally able to enter into this agreement.

2.4 Once you have paid, we email you a confirmation and receipt. Keep them for your records. You can ask us for a copy of your booking record at any time.

3. What we provide, and what we don’t

3.1 MyTruth provides online counselling by registered counsellors. Our counsellors are not medical doctors, psychiatrists or clinical psychologists. They do not diagnose mental illness, prescribe medication or do psychological assessments, and they work within the scope of practice set by their professional body.

3.2 Counselling is a shared process. We cannot promise any particular result, improvement or recovery.

3.3 If your counsellor believes you need a different kind of care (for example a doctor, psychiatrist, clinical psychologist or in-person service), they will tell you, so that you can seek that care. They may pause or end counselling if continuing would not be in your best interest.

3.4 We are not a crisis or emergency service. Our counsellors are not on call between sessions, and WhatsApp messages and emails are not monitored around the clock. If you are at risk of harming yourself or someone else, or are in danger, contact:

• Emergency services — 10111 or 112 (from a cellphone)
• SADAG — 0800 567 567 (24 hours)
• Lifeline — 0861 322 322
• GBV Command Centre — 0800 428 428
• Childline — 116

3.4A If you are outside South Africa. The numbers above work only in South Africa. For clients in other countries, we list local emergency and crisis numbers on our expat pages. We have done our best to make sure these numbers are correct, but they can change and we cannot guarantee them. It is your responsibility to check the correct emergency and crisis numbers for the country you are in when you book your session, and to make sure you know how to get urgent help where you are.

3.5 Some of our counsellors are completing further training. They always work under the supervision of a fully registered MyTruth counsellor. By accepting these terms, you confirm that you understand your counsellor may be a counsellor in training working under supervision. You may ask us at any time whether your counsellor is working under supervision, and you may ask to change counsellor under clause 9.1.

4. Who can use MyTruth

4.1 Our services are for adults (18 and older). Young people aged 13 to 17 may receive counselling from counsellors who work with teenagers, but only after a parent or legal guardian with parental responsibilities has given written consent on our consent form. We counsel children under 13 only with a counsellor trained to work with children, with written consent from a parent or guardian, and with a parent or guardian available at the start and end of each session.

4.1A Because a child or young person under 18 cannot enter into this agreement alone, the parent or guardian who gives consent (and who books or pays) accepts these terms on their behalf and is responsible for payment. The confidentiality rules in clause 4.2 still apply to what the child or young person shares.

4.2 When a child or young person is in counselling, what they say stays confidential between them and their counsellor. We share with parents or guardians only what is needed to keep them safe, what they agree to share, or what the law requires.

4.3 If you live outside South Africa, you are responsible for checking that you may receive online counselling from a South African counsellor where you live. Your counsellor works under South African law and professional rules.

4.4 We may decline a booking, for example if your needs fall outside what online counselling can safely offer. If we decline after you have paid, we refund you in full.

5. Prices and payment

5.1 All prices are in South African rand (ZAR) and include VAT. The price you pay is the price shown on the booking screen when you pay. Amounts shown in other currencies on our website are estimates only.

5.2 How you can pay: by Visa, Mastercard or American Express card, Apple Pay or Google Pay, through our payment provider Yoco. International cards are accepted. Apple Pay appears on Apple devices using Safari, and Google Pay on Android phones and in Chrome. Payments are processed on Yoco’s secure, PCI-DSS-certified payment page. MyTruth never sees or stores your full card details. Your bank sets the exchange rate and any foreign-transaction fees for payments from abroad.

5.3 A session is booked only once payment has gone through. Packages and gift sessions are paid in full upfront.

5.4 Session packages (3, 6 or 12 sessions)

Packages are available for individual and couples counselling. Family sessions (90 minutes) are booked and paid one at a time and are not sold as packages.

How it works:

• Months 1 to 12: your package price. You have 12 months from the date you buy to use your sessions at the discounted package rate.
• After 12 months: your money becomes credit. Any sessions you haven’t used turn into MyTruth credit, worth exactly what you paid for them. You can use this credit for any MyTruth session, but at the price that applies on the day you book. If our prices have gone up, you pay the difference.
• After 3 years: unused credit ends. Your credit stays valid until 3 years after the date you bought the package, as section 63 of the Consumer Protection Act requires.

Example: You buy 6 sessions for R6,000 (R1,000 each). In the first 12 months, each session costs you R1,000 of your package. If 2 sessions are still unused after 12 months, you have R2,000 credit. If a session then costs R1,200, that credit covers one session plus R800 towards the next, and you pay the remaining R400.

Credit cannot be exchanged for cash, except where the law requires a refund.

5.4A Our founder’s sessions. Elizabeth (Elza) Berk works only with 12-session packages (individual or couples), at her own rates, which are higher than our standard rates. Her price is shown on her profile and on the booking screen before you pay. For family sessions with Elza, please contact us to arrange.

5.5 Gift sessions, gift cards and vouchers

These work the same way as packages:

• Months 1 to 12: the gift covers the session(s) it was bought for, at the price paid.
• After 12 months: any unused value becomes MyTruth credit, worth what was paid, to use at the session prices that apply when you book.
• After 3 years: unused credit ends, 3 years after the date of purchase.

The person who receives the gift can use it. If a gift code is lost, we can re-send it to the buyer’s email.

5.6 Package sessions are for the person or couple they were bought for. To give your package to someone else, you must first email us at accounts@mytruth.co.za, and the transfer only applies once we have confirmed it in writing.

5.6A Medical aid. We do not offer medical aid services. Sessions are paid privately, in full, at the time of booking. We do not accept payment from medical aids, claim from medical aids on your behalf, or provide medical aid claim forms.

5.7 We may change our prices. Price changes never affect sessions, packages or gifts you have already paid for. Addiction/Harm Reduction Programme clients get at least 30 days’ written notice of a price change.

5.8 Billing errors. If you think you have been charged incorrectly, you must tell us at accounts@mytruth.co.za within 14 days of the payment, so we can look into it and fix it. Please contact us first, before asking your bank to reverse a payment. This does not limit any rights you have under the law.

6. Cancelling, rescheduling and refunds

6.1 More than 48 hours before your session: you can cancel or reschedule free of charge by email or WhatsApp. If you cancel (rather than reschedule), you can choose a full refund or keep the session as credit.

6.2 Less than 48 hours before, or not attending: your counsellor has kept that time for you and usually cannot fill it at short notice, so the session is charged in full and counts as used. This is a reasonable cancellation charge as allowed by section 17 of the Consumer Protection Act.

6.3 When no charge applies: we will not charge for a late cancellation or missed session if you, or the person the session was booked for, could not attend because of death or admission to hospital (section 17(5) of the Consumer Protection Act). We may ask for reasonable proof. We may also waive the charge in other serious circumstances.

6.4 If we cancel (for example because your counsellor is ill or has an emergency), we will offer you a new time with your counsellor or a session with a different counsellor. If we cannot offer you a session within 14 days, you may ask for a refund of that session instead.

6.5 Lateness: if you join late, the session still ends at its booked time. If you have not joined after 15 minutes and have not contacted us, the session counts as missed.

6.6 “Talk now” sessions: if no counsellor can join within 10 minutes of your payment, you may use your payment for the earliest available booked session or ask for a full refund.

6.7 Cooling-off: if you book online, you may cancel within 7 days of payment without reason or penalty under section 44 of ECTA, for any session that has not yet taken place, and we will refund you within 30 days. The cooling-off right does not apply to a session that has already been held, including a session held within those 7 days at your request.

6.8 Refunds are paid back to the card or account you paid with, normally within 7 business days of approval.

7. Online sessions and technology

7.1 Sessions take place by WhatsApp video, Google Meet or Microsoft Teams. You need a working device, a stable internet connection and a private place where you cannot be overheard.

7.2 These platforms are run by other companies. We choose platforms that use encryption, but no online platform is completely secure. By booking online sessions, you accept this risk. We are not responsible for security failures of third-party platforms that are outside our control.

7.3 Power or connection problems on our side (including load-shedding): your counsellor will try to continue by WhatsApp call or phone. If that is not possible, you will be offered the lost time again at no cost.

7.4 Problems on your side: your counsellor will try WhatsApp call or phone. If the session cannot go ahead, it is treated like a late cancellation (clause 6.2). We will be reasonable where the problem was clearly outside your control, such as a widespread outage.

7.5 For your safety, tell your counsellor where you are at the start of each session and keep your emergency contact details up to date.

7.6 No recording. Nobody may record, screenshot or stream any part of a session without the written consent of everyone in it, including the counsellor. MyTruth does not keep audio or video recordings of sessions. If you agree to AI note-taking (clause 8.4A), the session audio is used only to create your counsellor’s written note.

8. Confidentiality and your information

8.1 What you share in counselling is confidential, in line with our counsellors’ professional codes and POPIA.

8.2 We do not share what happens in your sessions with anyone — including your employer, medical aid, insurer, partner or family — without your written consent.

8.3 Confidentiality may be broken only when:

• there is a serious and immediate risk to your life or someone else’s;
• the law requires a report, for example suspected abuse or neglect of a child (Children’s Act 38 of 2005), a sexual offence against a child or a person with a mental disability (Sexual Offences Act 32 of 2007), or abuse of an older person (Older Persons Act 13 of 2006);
• a court order or subpoena requires it; or
• you are under 18 and disclosure is needed to keep you safe.

Where possible and safe, your counsellor will talk to you first. Only the information needed is shared.

8.3A Couples and family counselling. In couples and family sessions, everyone who takes part agrees to keep what others share in the session private. If one person tells the counsellor something privately (for example in an individual session or a message), the counsellor will not share it in a joint session without that person’s agreement. However, the counsellor will not keep a secret that stops the joint counselling from working honestly, or that puts anyone at risk. In that case the counsellor will encourage you to share it yourself, and may decide to pause or end the joint sessions. Notes from joint sessions are not given to one person without the others’ consent, unless the law requires it.

8.4 Counsellors keep session notes. Notes are seen only by your counsellor and, when needed for professional supervision, MyTruth’s Head of Supervision, who is bound by the same confidentiality. Our administrative staff see your booking and payment details, not your session notes.

8.4A AI note-taking (Heidi). MyTruth may use Heidi, a secure AI note-taking tool made by Heidi Health, to help our counsellors write session notes. Depending on how your counsellor works, Heidi may listen during your session and create a draft note, or your counsellor may dictate a summary to Heidi after the session. Your counsellor always checks and corrects the note, and Heidi never replaces your counsellor or makes clinical decisions. Heidi will only listen during your session if you agree. We ask for your consent once, in writing, on our intake and consent form, where you can choose “I agree” or “I do not agree” to AI note-taking. Your choice applies to all your sessions until you change it. You can withdraw your consent at any time by telling your counsellor or emailing accounts@mytruth.co.za, and saying no will not affect your counselling in any way. In couples, family and group sessions, Heidi is used only if everyone taking part has agreed. For a child or young person under 18, the parent or guardian gives this consent. Heidi Health is based in Australia, so this information may be processed outside South Africa (see clause 8.6A).

8.5 We keep counselling records for the periods required by professional guidelines (generally at least 6 years after your last session, and for a young person until at least their 21st birthday), and then destroy them securely. You may ask for access to your records under POPIA and the Promotion of Access to Information Act.

8.6 The emergency contact you give us is contacted only if we believe you are at serious risk and cannot reach you.

8.6A Where your information is stored. Some of the services we use to run MyTruth store or process information outside South Africa, including WhatsApp (Meta), Google Workspace and Google Meet, Microsoft Teams, Heidi Health (our AI note-taking tool), and our payment provider Yoco and its partners. We use only reputable providers that are bound by data protection laws or agreements giving protection similar to POPIA, as section 72 of POPIA requires. By using our services, you agree to your information being stored and processed in this way. Our Privacy Policy gives more detail.

8.7 We do not sell your information. We send marketing only if you opt in, and every message lets you unsubscribe.

9. You and your counsellor

9.1 You may ask to change counsellor at any time, without giving a reason. Unused paid sessions move with you.

9.2 Your counsellor may not have any personal, romantic, social or business relationship with you. If you are worried about a counsellor’s conduct, tell us at accounts@mytruth.co.za, or complain directly to their professional body.

9.3 We may end services immediately if you threaten, abuse, harass or discriminate against a counsellor or staff member. In that case we refund unused prepaid sessions, less any sessions charged under clause 6.

9.4 We cannot guarantee that a particular counsellor will always be available. If your counsellor leaves or becomes unavailable, we will offer you another counsellor or a refund of unused sessions.

9.4A Booking through MyTruth. All sessions with counsellors you meet through MyTruth must be booked and paid through MyTruth, so that our safety, supervision, record-keeping and complaints processes protect you. Please do not arrange private sessions or payments directly with a MyTruth counsellor while you are a MyTruth client, or within 12 months after your last MyTruth session. Our counsellors have agreed to the same.

9.5 Our counsellors provide counselling as registered practitioners and are professionally accountable to their own registering bodies for their clinical decisions. MyTruth checks each counsellor’s registration and provides supervision.

10. Corporate, university and EAP clients

10.1 Counselling paid for by an employer, a university or college, a bursary provider or an Employee Assistance Programme is also covered by a separate agreement with that organisation. These terms apply to you as the person receiving counselling.

10.2 The organisation paying for your counselling will never receive what you say in sessions, whether you attend, or anything that identifies you, unless you give written consent or clause 8.3 applies. Organisations may receive only anonymous, combined figures where their agreement allows it.

10.3 Students. If you are a student whose counselling is paid for by your university, college or bursary provider, and your counsellor believes there is a serious and immediate risk to your life (for example, if you are at risk of suicide), we may inform the person responsible for student wellbeing or support at that institution, so that you can be kept safe. We share only what is needed for your safety, not the content of your sessions. Where possible and safe, your counsellor will talk to you about this first.

11. Addiction/Harm Reduction Counselling Programme

11.1 What’s included

Each week: 2 individual sessions (50 minutes); 1 flexible session (50 minutes, or up to 90 minutes for family) used as a couples, family, multi-person or extra individual session, as you and your counsellor agree; 1 facilitated group counselling session (50 minutes); and access to the Harm Reduction Community, a private, counsellor-moderated WhatsApp peer-support group.

Other people (such as a partner, family member, doctor, psychiatrist or social worker) may join a flexible session only if you and your counsellor agree. Outside professionals remain responsible for their own advice.

11.2 Harm reduction

The Programme follows harm reduction principles. You do not have to stop using to join or stay. We support you whether your goal is to use less, use more safely or stop completely.

11.3 Group and community rules

Everything shared in the group session and the Harm Reduction Community is confidential. You may not record, screenshot, or reveal who is in the group or what they share. The Community is peer support only. It is not counselling or a crisis line. Breaking these rules may lead to removal from the group or the Programme.

11.4 Billing

The Programme costs R19,999 per month (VAT included), billed monthly in advance on the monthly anniversary of your first session (“Billing Date”). Sessions not used in a month do not carry over. The 48-hour cancellation rules in clause 6 apply to individual sessions.

11.5 Cancelling the Programme

The Programme runs month to month, with no minimum term. To stop, email accounts@mytruth.co.za at least 7 days before your next Billing Date, and you will not be billed again. If you give less than 7 days’ notice, one further month is billed and you can use that month’s sessions. The month you are in is not refunded, except under clause 6.3 or if we cannot provide the services.

11.6 Aftercare

The Programme can also be used as aftercare, for example after you leave a rehabilitation centre or finish another treatment programme. When used as aftercare, it runs on the same terms and at the same monthly price set out in this clause 11. If you would like a different aftercare arrangement, ask your counsellor about the options.

12. Our website and content

12.1 The content on our website, including articles, daily affirmations and support tools, is general information to support wellbeing. It is not counselling and does not replace professional help for your situation.

12.2 MyTruth owns the copyright in our website content, name and logo. You may share links and use content for your own personal use, but you may not copy or republish it for commercial use without our written permission.

13. Limits on our liability

13.1 Nothing in these terms limits or excludes our liability for gross negligence, for anything we are not allowed to exclude under the Consumer Protection Act, or for your rights under that Act.

13.2 Subject to clause 13.1, we are not liable for loss or harm that we did not cause, or that could not reasonably have been foreseen, including loss caused by third-party platforms, internet or power failures outside our control, or your failure to follow these terms or your counsellor’s professional advice to seek other care.

13.3 Subject to clause 13.1, our total liability to you for any claim about our services is limited to the amount you paid us for the services the claim relates to.

13.4 We are not responsible for delays or failure to perform caused by events outside our reasonable control, such as natural disasters, widespread power or network failures, or government action. If this happens, we will offer you new session times or a refund for sessions we cannot provide.

14. Complaints

14.1 Please tell us first: email accounts@mytruth.co.za. We will acknowledge your complaint within 2 business days and aim to resolve it within 14 days.

14.2 Complaints about a counsellor’s professional conduct can also go to their registering body (HPCSA, ASCHP, CCSA or SACSSP).

14.3 If you are not satisfied, you may contact the Consumer Goods and Services Ombud (cgso.org.za) or the National Consumer Commission (thencc.org.za). Privacy complaints may go to the Information Regulator (inforegulator.org.za).

15. General

15.1 These terms are governed by South African law. You and we agree to the jurisdiction of the South African courts, including the Magistrates’ Courts. This does not take away any consumer rights you have in the country where you live, where those rights apply.

15.2 We may update these terms. Material changes are emailed to active clients at least 14 days before they take effect. Changes do not apply to sessions, packages or gifts already paid for unless they benefit you.

15.3 If any clause is found to be invalid, the rest of these terms still apply.

15.4 These terms, the Privacy Policy and your booking confirmation are the full agreement between you and MyTruth about our services. If we choose not to enforce a term at any time, we can still enforce it later.

15.5 Legal notices must be delivered to our physical address in clause 1 (our chosen address for legal documents) or emailed to accounts@mytruth.co.za. We will send notices to the email address you gave us.

15.6 Questions about these terms? Email accounts@mytruth.co.za or WhatsApp 060 042 0173 before you book.