Introduction to our Terms
You should read these Terms carefully before using our site. By using our site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using our site immediately. Use of our site includes accessing, browsing, or registering to use our site. By clicking “accept” on our registration page you are indicating that you have read and accepted these Terms and the documents referred to in them.
Who are we?
These Terms refer to “Talk It Out” – this is us – or more precisely it is Talk It Out Making The World Spin Better Limited (Talk It Out, we or us), a company incorporated in England and Wales with registered number 12577239 and registered address of Spirare Limited, Mey House Bridport Road, Poundbury, Dorchester, Dorset, DT1 3QY, United Kingdom. Our VAT registration number is 356 6599 45.
To contact us please email firstname.lastname@example.org.
Our Services consist of wellbeing-related content in the health and wellness space.
We offer the following Services to anyone over the age of 18:
· A free, limited access version of our site including access to some of the content on our site and some associated services (the Free Service), and
· a paid version of our site which includes full access to all content and services (the Premium Service).
Some features of our site, including the Services, are available to you only if you have registered as a member, or may only be available temporarily until you become a member (a Member). If you are not a Member you may browse all areas of our site or use any parts of the Services that are not limited to Members only.
To become a Member, you either need to sign up on the relevant app store (if using the Free Service) or follow the link sent by your company (if using the Premium Service). You must complete this form accurately. If any of the information you provide changes, you must provide the correct information without delay.
When you register as a Member, you will be asked to provide a username, password and/or other piece of information as part of our security procedures. You must treat such information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to a third party.
By becoming a Member (i) you agree to immediately notify us of any unauthorised use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these terms of website use, and (iv) you consent to the use of electronic records to store information related to our site or terms of website use.
Neither the Free Service nor the Premium Service can be transferred to another person. By creating an account, you certify that you are 18 years and older.
You are responsible for all activities that occur under your Member account, whether or not you know about them.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions in the Terms.
If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us at email@example.com.
· The Services are not suitable for everyone. We do not provide medical or psychological advice. Although there is substantial research demonstrating the benefits of talking to aid mental and emotional wellbeing, we make no claims or guarantees that this will be the case in any individual circumstance through the use of the Services.
· Any advice or other materials contained in the Services are intended for general information purposes only. They are not a substitute for professional medical or psychological advice or treatment based on your personal circumstances.
· Our site and the Services are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.
· Any user experiencing medical or psychological issues should consult their doctor.
· Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
In addition to a free service, we offer three types of payment plan: monthly premium, annual premium & a separate corporate subscription details of which are available on request.
Monthly: Our monthly fee is £4.99 per individual premium user. The monthly fee applies from the date that you sign up for the Services and will continue to apply on a monthly basis until it is cancelled. You may cancel the Service at any point in the month. Provided that the cancellation request is received before the last day of your subscription, our monthly fee will cease to apply the following month. For as long as the monthly fee applies, you agree that we can charge the same payment method that was used when you signed up for the Services (the Payment Method). The monthly fee will be automatically billed to the Payment Method until cancelled.
Annual: Our annual fee is £49.99 per individual premium user. The annual fee applies from the date that you sign up for the Services and will continue to apply on a monthly basis until it is cancelled. You may cancel the Services at any point in the year. Provided that the cancellation request is received before the final date of your subscription, our annual fee will cease to apply the following year. For as long as the annual fee applies, you agree that we can charge the Payment Method. The annual fee will be automatically billed to the Payment Method until cancelled.
Refunds cannot be claimed for any partial subscription period. You may stop the automatic renewal of your subscription at any time by logging into your account and following the instructions in your account settings.
You agree to promptly notify us of any changes to the Payment Method. You are responsible for all applicable fees and charges associated with the Services, including all applicable taxes. We are only required to provide the Services once we have received payment and we have confirmed your purchase to you by email. You agree not to hold us responsible for banking charges incurred due to payments on your account.
We may at any time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to the Services offered through our site. We will notify you by email in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing us.
Using our site
We make no promise that our site meets the regulatory and legal requirements for use in locations outside of the United Kingdom (UK). If you choose to access our site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our site.
We try to make our site as accessible as possible. If you have any difficulties using our site, please contact us using the contact details at the top of this page.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
As a condition of your use of our site, you agree not to:
· misuse or attack our site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack or a distributed denial-of service attack); or
· attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
As a further condition of your use of our site, you agree not to do any of the following:
· Use, display, copy or frame the Services, or any individual element within the Services. This restriction includes (but isn’t limited to) Talk It Out’s name, trade marks, the layout and design of any page or form contained on a page.
· Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
· Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures.
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by our or any of our providers or any other third party (including another user) to protect the Services.
· Attempt to access or search the Services or download Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than those provided by Talk It Out.
· Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
· Use any meta tags or other hidden text or metadata using the trade marks TALK IT OUT and the Talk It Out logo.
· Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
· Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
· Impersonate or misrepresent your affiliation with any person or entity.
· Encourage or enable any other individual to do any of the prohibited activities set out above.
We may prevent or suspend your access to our site if you do not comply with these Terms or any applicable law.
We provide various content to you as part of the Services and more generally on our site, this includes text, graphics, images, music, software, audio, video, other types of copyright work and information or other materials that are posted, generated, provided or otherwise made available through the Services (the Content).
The Content is protected by intellectual property rights including copyright, database right, unregistered design right and trade marks in the UK and internationally. Talk It Out is the owner of the Content.
By using our site, including the Services, you agree that you will only access the Contents for your personal, non-commercial use.
Unless otherwise stated, none of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior written consent.
Talk It Out does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such materials at any time, without notification.
Your right to use our app
Subject to your compliance with these Terms, Talk It Out grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Talk It Out reserves all rights in and to the App not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Linking to our Site
You may link to our site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us at firstname.lastname@example.org.
These rules and privileges regarding linking to our site apply equally to each Subscriber of your corporate or other group arrangement account.
Links to other websites
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Limitation of our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it including potential future functionality or features and the expected lifetime of the Services, whether express or implied.
We will not be liable to any user (nor, in the case of a corporate subscription, the company that is party to that subscription) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site;
· use of or reliance on any content displayed on our site;
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The views expressed by other users on our site do not represent our views or values.
Rights You License
If we introduce the ability for users to upload or post content to our site, if and when you upload or post such content, you grant the following licenses to us:
· to modify, electronically reproduce and distribute, and publicly perform and display the content on our site;
· to reproduce and distribute through any media now known, or hereafter developed, the content;
Disputes: We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
Applicable Law: These terms of website use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
Severability and Waiver: If any provision of these terms of website use is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these terms of website use will not constitute a waiver of such right or provision.
Variation: We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on our Site and by continuing to use and access our Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
Entire agreement: These Terms constitute the entire and exclusive understanding and agreement between us regarding the Services and Content.
We welcome your comments and suggestions for improvements to our site or the Services (Feedback). You can submit Feedback by emailing us at the email address set out above.
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Thank you for visiting our site.
© Copyright 2021 Talk It Out Making The World Spin Better Limited. All rights reserved. “TALK IT OUT” and the Talk It Out swirl logo are trade marks pending registration in the United Kingdom.