Terms and Conditions applicable to a buyer of Services using Talking Couch Limited.
These terms and conditions are the contract between you and Talking Couch Limited ('us', 'we', etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
Talking Couch Limited is a trade name of Talking Couch Limited, SC514964 incorporated in Scotland, whose registered address is at 15/2 West Bryson Road, Edinburgh, EH11 1EH.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Products on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.
'Content' means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
'Post' means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases 'Posted' and 'Posting' shall be interpreted accordingly;
'Service' means all of the services offered for sale through Our Website by a Provider.
'Provider' means a person who offers a Service for sale on Our Website.
'Our Website' means any website of ours, and includes all web pages controlled by us.
'User' means any person other than you who uses or visits the website for any purpose.
'you' 'yours' etc, means you, the party to this agreement.
'Video Link' means the audio/video link by which you will hold your sessions with your practitioner when you book a session through our Website.
- Talking Couch Limited is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
- Talking Couch Limited is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of his Service and for collection and forwarding of your money.
- We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Talking Couch Limited's members.
- We are not responsible for supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.
- We are not responsible to you further than to take your money and pass it to the Provider and to provide the Video Link so that you may communicate with the Seller at your scheduled time.
- These terms and conditions regulate the business relationship between you and us. By using Our Website, you agree to be bound by them.
We provide a market place for the supply of Services. We are in no way responsible for:
- your locating and ordering a Service;
- your choice of a Service;
- any aspect of the provision of the Service;
- refund payment for any Service;
- any complaint about any Service.
- In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
The buying procedure
- Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of his business.
- Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
- Services may be offered for sale subject to any discount or promotion arranged between Talking Couch Limited and the Provider.
- Subject to discounts and promotions, Services are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately.
- Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.
- Once you have made order to purchase a Service through Our Website, the price cannot be increased for 12 weeks.
- Neither we nor the Provider can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
- You are required to pay in the currency in which the Service is listed for sale on Our Website.
- Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
- For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
- To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a form which is in reality a form of our payment service provider. For detailed information about disclosure of personal information please see our privacy notice.
Security of your credit or debit card
We take care to make Our Website safe for you to use
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
The Talking Couch Limited guarantee
- To give you the utmost confidence in the Talking Couch Limited buying experience, we offer you an after sales guarantee:
- If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.
This guarantee is subject to the following conditions:
- you must first follow the cancellation and refunds procedure set out on Our Website;
- the maximum payment is £250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
- the claim form must be completed truthfully and accurately:
- you must not have requested a charge back from your credit card company.
- The guarantee set out in this paragraph is non contractual. We shall operate it at our sole discretion.
- You are responsible for providing a device that is capable of running our software.
- It order to assist you in determining if your device is capable we have provided a Video Test page at https://talkingcouch.uk/video-test. You should run this test before purchasing a session with a seller.
- Should you purchase a session and then find that your device is not capable then a refund will be made at the discretion of the seller. You should contact the seller in this instance.
Cancellation and refunds: Service terms
This paragraph is not contractually part of this agreement. These are statement of your rights as a consumer as defined under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and of the procedures with which all our Providers have been asked to comply. We have no responsibility if they fail to do so. If you have any problem with the Services you have purchased from Our Website please refer to the Provider. Your contract is with the Provider. They have the information and systems to be able to help you.
- You may cancel this contract within 14 days of entering into it. That means the Provider will not be able to start your work for 14 days.
- If you want the Provider to start work before 14 days has passed, you can opt out of your cancellation right. To do that you have to instruct the Provider to start work before that time by performing an action such as by paying for an appointment before the 14-day period of notice.
- If you did instruct the Provider to start work immediately, you may still cancel the contract at any time. But if you do so, you will owe the Provider for work done to the date of cancellation and any money spent on your behalf.
- In any of the above scenarios, the Provider will return your money within 14 days.
How we handle your Content
- If you post any personal information it will only be made available to a service provider with whom you have entered into an agreement. An exception to this is when you post on a public facing page such as a forum or blog.
- If you provide public facing information, such as through a forum, then you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- facilitate the provision of unauthorised copies of another person's copyright work;
- link to any of the material specified in this paragraph;
- use distribution lists that include people who have not given specific permission to be included in such distribution process;
- send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information.
Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a User who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Copyright and other intellectual property rights
- All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
- You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Interruption to the Talking Couch Limited service
- We give no warranty that our service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.
- You acknowledge that our service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Talking Couch Limited service.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- your use of the Talking Couch Limited service;
- the breach or violation of this agreement by you;
- the infringement by you of any intellectual property or other right of any person or entity;
- your failure to comply with any law;
- a contractual claim arising from your use of Our Website and purchase of Service.
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
The Talking Couch Limited Website and Talking Couch Limited services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
Disclaimers about the Service
- All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
- We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
So far as concerns Services you purchase through Our Website, we are not liable for:
- any Service complying with the requirement of any law or being available;
- the Provider performing his contract.
- We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you.
- We and the Provider can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a breach or possible breach of the Regulations.
- You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org.
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- For the purposes of the Data Protection Act 1998 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
- Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:- if delivered by hand on the day of delivery; if sent by post to the correct address within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail within 24 hours if no notice of non-receipt has been received by the sender.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
- We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
- In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of Scotland and you agree that any dispute arising from it shall be litigated only in Scotland.