A. These Terms and Conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which Users (“Therapists”) list their services on Our Platform which can be booked by Customers. Please read these Terms carefully and ensure that you understand them before Listing your Therapist Services on Our Platform. You will be required to read and accept these Terms when you create an Account. If you do not agree to comply with and be bound by these Terms, you will not be able to create an Account or accept any Bookings.
B. We provide an online platform to connect Therapist with Customers. 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.
C. Our Site is directed to consumer Customers, and professional Therapists. By registering with Us you confirm that you are acting in the course of a business or trade.
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;
“Booking Value” means the total amount paid by a Customer for the Therapist Services booked using Our Site;
“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 Therapist Services;
“Our Site” means www.inquiretalk.com;
“Payment Service” means the payment service provided by Stripe Payments Europe, Limited, whose full details and terms of service can be found at https://stripe.com/gb/ssa; or PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) whose terms of service can be found at
“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;
“Therapist” means a User who provides Therapist Services which are booked through this Site for the relevant Service Fee;
“Service Fee” means a percentage fee applied to each Booking based on the Booking Value made on Our Platform;
“Therapist Services” means the services advertised and supplied by Therapists through our Platform;
“Third Party Payment Service Provider” means Stripe and PayPal;
“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;
“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
“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@example.com.
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.
4.1 You may only register for an Account to list Therapist Services if you:
are at least 18 years of age;
are licensed, accredited or registered (as the case may be) with an accrediting body;
hold relevant insurance for the provision of Therapist Services; and
you provide to Us relevant proof of professional status, insurance and identification documents.
4.2 Where you are not resident in the UK, this must be made very visible within your Listing.
4.3 Our Terms for Customers are based on consumer Customers and are either (i) 18 years of age, or (ii) a parent or guardian of a Customer who requires Therapist Services who is under the age of 18.
4.4 You may only apply for an Account on the basis that you are accepting that you are acting in the course of a business or profession.
5. Applying for an Account
5.1 In order to apply for an Account, you will be required to complete and submit an account request form and we will ask you to provide, within 7 days, verification information regarding your business including, but not limited to, ID (such as a passport), proof of address, proof of membership to a professional or regulatory body and proof of relevant insurance.
5.2 The submission of an account request form will constitute an offer by you to use Our Platform in compliance with these Term.
5.3 We may accept or reject an account request at our discretion but an account request will not be accepted until such time as you have provided to us all information that we request from you. An account request will not be accepted, until the earlier of Our receiving from you all information that we request to verify your business and status and any other information that we require, and thereafter:
• Our written acceptance of the request; or
• Our providing you with Account details and access to Our Platform to take Bookings.
5.4 Rejection by us of an account request, including any communication that may accompany such rejection, will not constitute a counter-offer capable of acceptance by you.
6. Our Platform
Our Platform is provided solely as an online venue for Therapists and Customers. We are not a party to any transactions or other relationships between Therapists and Customers. You hereby acknowledge and agree that:
6.1 Customers are not making a Booking with Us and are not entering into a contract with Us. A Customer’s Booking is for your Therapist Services, and their contract is with you;
6.2 We will not be a party to any dispute between you and any Customers or another Therapist. Any claims must be made directly against the party concerned;
6.3 We do not pre-screen Therapists (save for as set out in Clause 5.2) or the Therapist Services advertised in Listings on Our Platform. We are not, therefore, in any way responsible for any Therapist Services or for the content of any Listings; and
6.4 While you are required to comply with these Terms, which include provisions covering important matters such as payment methods, We recognise that all Therapists are different and therefore Therapists are at liberty to choose their method(s) of providing Therapist Services, set their own processes, and their own prices.
6.5 Our Platform is limited to the registration and introduction of Customers and Therapists. As a Therapist with an Account on Our Platform, you confirm that you are completely independent of Us in respect to the Therapist Services you provide to a Customers including (but not limited to) the delivery of clinical treatment, treatment planning, clinical decision making, risk assessment (i.e. the Customer being at risk to themselves, others or in need of crisis services and raising safeguarding issues to relevant local parties) and it is the Therapist’s responsibility to refer Customers to any other local or other body/authority or support service if, in the Therapist’s opinion, this is identified as being necessary.
6.6 By using Our Platform you understand and agree that We may use the Site, and your details to promote the Site on all forms of social media.
7. Listings on Our Platform
7.1 You may only list Therapist Services on Our Platform and no other services may be offered within a Listing.
7.2 It is important that Listings set out (i) the Therapists qualifications and/or accreditations; (ii) Therapist Services that are offered; (iii) the location at which those services are offered (at a fixed place of business, or by skype, telephone etc); (iv) the full price; and (v) whether VAT or any other tax is payable on the prices listed.
7.4 You must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);
7.5 Your Listing must not advertise alternate contact details through which your Therapist Services can be purchased (including any other e-commerce sites), thereby avoiding Our Service Fees.
7.6 We reserve the right to remove any Listing that breaches the provisions of this Clause 7. We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
8. Intellectual Property Rights
8.2 Therapists must, at all times, respect the intellectual property rights of other Therapists on Our Platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.3 If you feel that another User (whether they are another Therapist or Customer or otherwise) has infringed your intellectual property rights in any way, please contact Us.
8.4 If another party contacts Us accusing you of infringing their intellectual property rights:
8.4.1 We will contact you to inform you of the complaint;
8.4.2 We may remove the User Content that is the subject of the complaint;
8.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
8.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.
8.5 Please also refer to sub-clause 23 dealing with Customer Reviews.
9. Rules and Acceptable Usage Policy
9.1 When using Our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:
9.1.1 you must ensure that you comply with all statutory requirements relating to the provision of Therapist Services and/or services to the general public and comply with all aspects of the Consumer Rights Act 2015 and any other legislation or code of practice or good practice rules and procedures that apply to the services provided by you;
9.1.2 you must ensure that you comply with all national and local laws and/or regulations that apply to the provision of services to consumers;
9.1.3 you must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;
9.1.4 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;
9.1.5 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;
9.1.6 you must always provide accurate, honest information about yourself and any and all services that you are offering on Our Platform;
9.1.7 you must state the price of the Therapist Services accurately and clearly, and must not change it in order to avoid paying the applicable Service Fee;
9.1.8 you must not engage in any form of price fixing with other Users (including Therapists and Customers); and
9.1.9 you must have in place, at all time, relevant insurance to cover you for any claim that could be made by a Customer.
9.2 When using Our Platform, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
9.2.1 is sexually explicit;
9.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.2.3 promotes violence;
9.2.4 promotes or assists in any form of unlawful activity;
9.2.5 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;
9.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.2.7 is calculated or is otherwise likely to deceive;
9.2.8 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;
9.2.9 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 9.2);
9.2.10 implies any form of affiliation with Us where none exists;
9.2.11 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
9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 We reserve the right to suspend or terminate your access to Our Platform if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
9.3.1 removing your Listing(s) from Our Platform;
9.3.2 issuing you with a written warning;
9.3.3 issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
9.3.4 commencing further legal action against you as appropriate;
9.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
9.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
10. Service Fees
10.1 A Service Fee of 15% is payable on the Booking Value for each Booking submitted to you by a Customer through the Site.
10.2 Any and all actions designed to avoid the payment of any fees described in these Terms for are strictly prohibited.
10.3 We reserve the right to change the Service Fees upon the giving of 28 days’ notice.
10.4 If We become registered for VAT We will give you 28 days’ notice. We will then charge VAT at the prevailing rate on all Account and Service Fees after the expiry of that notice.
11. Payment Service
11.1 All Payments on Our Platform are made through the Payment Service provided by one of Our Third Party Payment Service Providers.
11.3 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.
11.4 You will need to ensure that you are fully aware of the payment methods accepted through the Payment Service.
11.5 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.
11.6 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.
12. Payments from Customers
12.1 All payments are processed using the Payment Service described above in Clause 11. You agree not to ask Customers booked via Our site to make any payment to you directly, whether by cash, cheque, card, PayPal or BACs transfer or any other means. You should not accept material gifts from Customers.
12.2 When a Customer submits a Booking and pays for the Therapist Services, their payment will be processed by the Third Party Payment Service Provider who will then automatically deduct the Service Fees. The remaining payment will then be made to your designated bank account/credited to your Payment Service Account each Friday (unless that day falls on a Bank holiday, in which case it will be processed on the next working day). Any payments that are pending will roll over to the following week.
12.3 The Customer will be obliged to pay for the Therapist Services in full at the time of submitting a Booking.
12.4 We will not make any Customers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
13. Payments to Us
13.1 The Service Fees that are payable to Us will automatically be deducted from the payments received from Customers – see Clause 12.2.
13.6 If you believe that We have charged you an incorrect amount, please contact Us immediately.
14.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Platform.
14.2 Where any tax, for example VAT, forms a part of the price of any item on Our Platform, the tax must be included in the price of the item.
14.3 Value added tax (“VAT”) may be charged to Customers provided this is clearly stated within Listings.
14.4 If you are VAT registered, you may be required to charge VAT on the services that you sell on Our Platform.
14.5 For further information on VAT and other taxes in your location, please contact your local tax authority.
15. Acceptance of Booking and Location of Therapist Services
15.1 A Booking constitutes a contractual offer that you may, at your sole discretion, accept or cancel. When a Customer submits a Booking, you will be sent a booking notification which you can either accept or cancel. By default, if you do not accept or cancel the Booking within 24 hours of the Booking submission, it will be deemed automatically cancelled by you. Once you have sent a booking confirmation within 24 hours will there be a legally binding Contract between you and the Customer.
15.2 You must make the delivery of the Therapist Services clear within Listings i.e. by stating whether the Therapist Services are at a set business location, or can take place by telephone or video conference, setting out the details of which distance communication will be used.
15.3 For face to face consultations, you must only provide Therapist Services at your registered business address.
16. Customer Cancellations
16.1 All Customers are entitled to cancel a Booking up to 48 hours before the Therapist Services are due to be completed, free of charge.
16.2 If payment has been made to you for a Booking, and the Customer cancels the Booking as set out in Clause 16.1:
16.2.1 Where sufficient payments are still held by the Third Party Payment Service Provider, the refund payment will be deducted directly;
16.2.2 In the case of the Third Party Payment Service Provider not holding sufficient funds, you must refund the payment to Us directly within 5 days of our requesting the payment.
17. Problems with Transactions and Customers’ Rights
17.1 You must carry out your services with reasonable care and skill, consistent with best practices and standards within the healthcare profession, and in accordance with any information provided by you within a Listing.
17.2 If your services do not conform with the requirements outlined in sub-Clause 17.1 the Customer must contact you as soon as reasonably possible to inform you of the problem. The Customer may then have the right to request repeat performance or, if that is not possible or done within a reasonable period of time without inconvenience to the Customer, they may have the right to a reduction in price, or even a full refund.
17.3 Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 14 calendar days of the day on which you agree that the Customer is entitled to a refund.
17.4 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
18. Further Transaction Cancellation Rights
18.1 You have the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:
18.1.1 You and the Customer have mutually agreed to cancel the transaction before the Therapist Services are completed;
18.1.2 You have chosen to refuse service to the Customer;
18.1.3 You chose to cancel the Booking at least 48 hours before the Therapist Services are due to be completed.
18.2 Refunds (being the total Booking Fee made by the Customer) must be made within 14 days of the date on which you and the Customer agree the cancellation, under sub-Clause 18.1.1 or the date on which you inform the Customer that you are cancelling the transaction, under sub-Clauses 18.1.2 and 18.1.3.
19. Your Account and Cancellation
19.1 You may close your Account and cancel your agreement with Us at any time by following the instructions within your Account.
19.2 Any outstanding sums due and payable to Us (including, but not limited to, Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
19.3 We reserve the right to close your Account without notice to you if your Account remains inactive for a period of 6 months or more, or if you materially breach any of the terms of this agreement.
20. Our Liability to You
20.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Therapists and Customers.
20.2 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.
20.3 Subject to sub-Clause 20.2, 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.
20.4 Without prejudice to clause 20.2 Our total aggregate liability under or in connection with this Agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed the total Service Fees paid by you in the preceding 3 months prior to a claim arising.
20.5 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.
21. Events Outside of Our Control (Force Majeure)
21.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
21.2 If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
21.2.1 We will inform you as soon as is reasonably possible;
21.2.2 Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;
21.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary.
22. Data Protection
22.1 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.
22.2 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.
22.4 If a Therapist and Us are found to be joint data controllers of any Customer’s’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Customer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.
23. Customer Reviews
23.1 Subject to Condition 23.2, We will publish Customer reviews on the Site.
23.2 We will not monitor Customer reviews which shall automatically be published without prior notice to Therapists. If you object to the contents of a Customer review, you must notify Us of such objection in writing within 14 days of publication of the Customer review on the Site providing any evidence supporting your contrary views/objections.
23.3 We will consider the objections of a Therapist notified to Us in accordance with clause 23.2 and any decision to remove the relevant Customer review will be at Our absolute discretion and that decision is final. Any Customer review that cannot be proved to the contrary shall stand as the reasonable opinion of the Customer.
23.4 Notwithstanding clause 23.3, subject to vetting by us, a Therapist may reply to any Customer review and We agree to provide the Therapist with the relevant Customer’s Booking details in order to do so.
23.5 We will not monitor Customer reviews but if We are made aware of any Customer review that we consider to be inappropriate, defamatory, vulgar or abusive; to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then We will remove the review.
23.6 If, in Our reasonable opinion, Customer reviews reflect low standards of a Therapist or the Therapist Services provided, or if a the general rating given by Customers falls below 2 stars, We reserve the right to investigate any such Customer reviews and/or may (ii) offer no more than 2 months for the Therapist’s reviews to improve; and/or (ii) suspend or terminate this Agreement immediately on the provision of written notice to the Therapist.
We may determine the ranking of any Therapist or Listings at Our absolute discretion.
25. Other Important Terms
25.1 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.
25.2 You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
25.3 If any of the provisions of these Terms are 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.
25.4 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.
25.5 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms are to your material disadvantage, you may close your Account (see Clause 19.1. and 19.2).
26. Law and Jurisdiction
26.1 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 & Wales.
26.2 Any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.