A. These Terms and Conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which Customers book Therapist Services from Therapists via Our Platform. Please read these Terms carefully and ensure that you understand them before submitting a Booking on Our Platform. You will be required to read and accept these Terms when you create an Account and/or make a Booking. If you do not agree to comply with and be bound by these Terms, you will not be able to create an Account or make any Bookings.
B. We provide an online Platform that connects people in search of therapy (Customers) to a network of affiliated mental health professionals (Therapists).
C. Our Platform IS NOT SUITABLE FOR THOSE IN CRISIS. IF YOU ARE CONTEMPLATING SUICIDE OR BELIEVE YOU ARE AT RISK OF HARMING YOURSELF OR OTHERS PLEASE CONTACT THE EMERGENCY SERVICES BY PHONING 999 OR GO TO ANY HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT.
D. At no time will a contract come into existence between Us and Customers for the services provided by Therapists. Any contract formed between a Therapist and a Customer will be solely between the Therapist and Customer.
E. Our Site is directed to consumer Customers, and professional Therapists.
F. You must be over the age of 18 to register with us. If you are under the age of 18, you must ask a parent or guardian to register with us and both you and that parent/guardian will be subject to these Terms.
1. Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site;
“Booking” means the booking of Therapist Services;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Customer” means a User who makes a Booking on Our Platform;
“Listing” means a listing on Our Platform advertising Therapists Services;
“Our Site” means www.inquiretalk.com;
“Payment Service” means the payment service provided by Stripe Payments Europe, Limited (“Stripe”) or PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”);
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Platform” means Our platform connecting Therapists and Customers on Our Site;
“Therapist” means a User who provides Therapist Services which are booked through this Site for the relevant fee;
“Therapist Services” means the services advertised and supplied by Therapists through our Platform;
“Third Party Payment Service Provider” means Stripe or PayPal;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means Inquire Talk Ltd, a company registered in England under company number 11991096 and whose registered address is 20-22 Wenlock Road, London N1 7GU.
2. Information About Us
2.1 www.inquiretalk.com is a Site owned and operated by Inquire Talk Ltd, a company registered in England under company number 11991096 and whose registered address is 20-22 Wenlock Road, London N1 7GU.
2.2 You can contact us by writing to us at the above address or by emailing us at [email protected]
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use. Insert a link Please ensure that you have read them carefully and that you understand them.
4. Restrictions
4.1 You may only register for an Account if you are at least 18 years of age. If you are under the age of 18 you must ask a parent or guardian to register for an Account.
4.2 These Terms apply to consumer Customers only (i.e. you may not use Our Site in the course of a business, trade or professional Customer).
5. Our Platform
Our Platform is provided solely as an online venue for Therapists and Customers and to assist Customers wishing to make a Booking for Therapist Services. We are not a party to any transactions or other relationships between Therapists and Customers. You hereby acknowledge and agree that:
5.1 You are not making a Booking or purchasing services from Us and are not entering into a contract with Us. Your Booking and contract is with the Therapist only;
5.2 We will not be a party to any dispute between you and any Therapist or another Customer. Any claims must be made directly against the party concerned;
5.3 Although we do undertake some screening of the Therapists (We ensure that all Therapists are licensed, accredited or registered (as the case may be) with an accrediting body and request proof of such accreditation, insurance and identification documents when Therapists first register for an Account, we do not pre-screen the services that Therapists advertise in Listings on Our Platform. Therefore, any Listing is not an endorsement by Us of the Therapist or the Therapist Services provided, nor are such Listings any type of recommendation and we are not in any way responsible for any Therapist Services provided, or for the content of any Listings;
5.4 While all Therapists are required to comply with Our Therapist Terms, which include provisions covering important matters such as payment methods, all Therapists are different and may use differing processes, set where and how the Therapist Services will be provided, lengths of sessions and set their own prices.
5.6 We provide information on a wide range of Therapists but there may be other therapists or service providers that are more appropriate, suitable or lower in cost available for you than those on Our Platform.
5.7 Not all of our Therapists are registered in the United Kingdom, and the Therapists place of residence should be stated within the Listing.
6. Intellectual Property Rights
6.1 The provisions of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Platform in Listings.
6.2 Customers must, at all times, respect the intellectual property rights of Therapists and other Users on Our Platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
7. Customer Rules and Acceptable Usage Policy
7.1 When using Our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Therapists on Our Platform; and
7.1.6 you must not engage in any form of price fixing with other Users (including Therapists and Customers).
7.2 When using Our Platform, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Platform if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Platform;
7.3.2 issuing you with a written warning;
7.3.3 issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 commencing further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
8. Making a Booking
8.6 Our Site will guide you through the Booking process. Before submitting your Booking you will be given the opportunity to review your Booking and amend it. Please ensure that you have checked your Booking carefully before submitting it.
8.7 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that a Therapist may, at their sole discretion, accept or cancel. When you submit a Booking, notification of the Booking is then sent to the Therapist who can accept or cancel the Booking. A Therapist’s acceptance is indicated by either the Therapist sending you a Booking confirmation by email. By default, if the Therapist does not cancel the Booking within 24 hours of the Booking submission then the Booking is deemed rejected. Only once the Therapist has sent you an order confirmation will there be a legally binding Contract between you and the Therapist.
8.8 As set out above in Clause 5, all transactions on Our Platform are between Therapists and Customers only. We are not a party to such transactions.
8.9 When making a Booking with a Therapist, you expressly agree that:
8.9.1 You understand that the contract for the Therapist Services is between you and the Therapist;
8.9.2 You will submit payment for the Booking at the time of submitting the Booking (see Clause 10);
8.9.3 You have read the description and all details within the relevant Booking carefully and that you understand and agree to any and all specific policies that are stated to apply by the Therapist;
8.9.4 You must ensure that you have provided the Therapist with complete, true and accurate information.
8.9 If you make a Booking to take place online (i.e. by phone or skype), Therapists may decide that online therapy services are not appropriate for your treatment needs and it is their right to elect not to continue with treatment at any point. The provision of online therapy is at the sole discretion of the Therapist.
9. Payment Service
9.1 All Payments on Our Platform are made through the Payment Service provided by one of Our Third Party Payment Service Provider.
9.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments for Bookings on Our Platform.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Platform with the Third Party Payment Service Provider.
9.4 The Payment Services may accept differing payment methods so please check on the Therapist’s Listing which payment methods are accepted by the Therapist with whom you wish to place a Booking.
9.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Platform or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Platform, and/or the suspension or termination of your Account on Our Site.
9.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
10. Payments to Therapists
10.1 All payments are processed using the Payment Service described above in Clause 9 and payments must not be made directly to Therapists.
10.2 Payments for Bookings must always be made in advance and you will be prompted to pay during the Booking process. Your chosen payment method will be charged at the time your Booking is submitted.
10.3 We only release payment to the Therapist upon receipt of confirmation that a Booking has been completed. You will be requested to confirm that a Booking has been successfully completed but, in the absence of any such confirmation then payment will be released by default to the Therapist.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Therapists at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
11. Taxes
11.1 It is the responsibility of Therapists to collect and pay takes on any sales made through Our Platform.
11.2 Where any tax, for example VAT, forms a part of the price of Therapist Services on Our Platform, the tax must be included in the price of the Therapist Service.
11.3 If a Therapist is VAT registered, they may be required to charge VAT on the Therapist Services that they sell on Our Platform.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.
12. Provision of Therapist Services
12.1 The Therapist Services will take place by the method, or at the location, and at the time, as set out on the Booking.
12.2 Where a Booking is to take place by means of distance communication (skype, telephone etc) it is your responsibility to ensure that you have the relevant means and/or device for the Booking to proceed (such a telephone, internet, laptop, computer etc).
12.3 Therapists will make all reasonable efforts to ensure that all general descriptions of the Therapist Services available correspond to the actual Therapist Services that will be provided to you however, the exact nature of the Therapist Services will vary depending upon your individual requirements and circumstances.
12.4 Please note that Clause 12.3 does not exclude Therapist’s responsibility for mistakes due to negligence on their part and refers only to variations of the correct Therapist Services, not to different Therapist Services altogether.
12.5 Therapists neither represent nor warrant that the Therapist Services will be available at all times and cannot necessarily confirm availability until confirming your Booking. Availability indications are provided on Our Site however, such indications may not take into account Bookings that have been placed by other Customers during your visit to Our Site.
12.6 Therapists are responsible for ensuring that the prices shown in Listings is correct. In the unlikely event that a Therapist has shown incorrect pricing information, the Therapist will contact you in writing before proceeding with your Booking to inform you of the mistake and to ask you how you wish to proceed. The Therapist will give you the option to purchase the Therapist Services at the correct price or to cancel your Booking. If you do not respond to the Therapist within 48 hours prior to the original Booking time and date, the Therapist will treat your Booking as cancelled and a refund will be made to you within 14 days.
12.7 If the supply of the Therapist Services is delayed by an event outside the control of the Therapist, for example, due to loss of internet or illness, the Therapist will contact you as soon as possible to let you know what steps the Therapist will take to minimise the effect of the delay, or to re-arrange the Booking. If the Therapist does this then they will not be liable for delays caused by the event. If there is a substantial delay then you may ask to cancel the Booking and receive a full refund.
13. Customer Cancellations
13.1 The Therapist will provide the Therapist Services on the date agreed when you submitted your Booking. As a consumer, when you enter into a contract online, you have certain legal rights to cancel that contract within 14 days and request a refund (“Cooling off period”). However, where you enter into a contract and request the services to begin within the 14 day period, your right to cancel may be limited or lost.
13.2 By making a Booking for Therapist Services to take place within the Cooling off period, you acknowledge and agree that, unless you have the right to cancel the contract under Clause 13.3, you will not be able to claim a refund for any Booking that you cancel.
13.3 You may cancel any Booking up to 48 hours before the Therapist Services are due to be completed and receive a full refund. If you cancel the Booking with less than 48 hours’ notice then you will not be entitled to a refund.
13.4 Any refund due to you will made within 14 days using the same payment method as used when submitting a Booking.
14. Problems with Transactions and Your Rights
14.1 As required by law, Therapists must provide the Therapist Services with reasonable skill and care, consistent with best practices and standards, in accordance with any Codes of Conduct to which they are subject under a regulatory or licencing body, and in accordance with any information provided by the Therapist within a Listing. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
14.2 If you have any cause of complaint about the Therapist Services provided you should contact the Therapist immediately.
14.3 If Therapists do not perform the Therapist Services as set out in sub-clause 14.1, as a consumer, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Therapist Services are not performed in line with information that Therapist provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
14.4 If for any reason a Therapist is required to repeat the Therapist Services in accordance with your legal rights as a consumer, they will not charge you for the same and they will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which the Therapist agreed that you are entitled to the refund) and made via the same payment method originally used by you.
15. Further Transaction Cancellation Rights
15.1 The Therapist has the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:
15.1.1 You and the Therapist have mutually agreed to cancel the Booking;
15.1.2 The Therapist has chosen to refuse service to you;
15.1.3 The Therapist cancels the Booking at least 48 hours before the Therapist Services are due to be completed.
15.2 Refunds must be made within 14 days of (a) the date on which you and the Therapist agree the cancellation, under sub-Clause 15.1.1 or (b) the date on which the Therapist informs you that they are cancelling the transaction, under Clauses 15.1.2 and 15.1.3.
16. Your Account Cancellation Rights
You may close your Account at any time by accessing the user settings with the Account and manually closing the Account.
17. Our Liability to You
17.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Customers and Therapists. Furthermore, as stated in Clause 5.2 We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Therapist Services. Any claims pertaining to a Booking must be made directly against the Therapist concerned.
17.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
17.3 Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
17.4 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
17.5 Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
18. Data Protection
18.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy.
18.3 Therapists will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address) and will also collect special categories of personal data about you (this may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, information about your health, and genetic and biometric data). Therapists are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
18.4 You must only use the personal data of other Users (whether they are Therapists or Customers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Platform, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
19.3 If any of the provisions of these Terms fare found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
19.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
19.5 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.
20. Law and Jurisdiction
20.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
20.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.