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Now You’re Talking Therapy

Terms and Conditions

V12Mar2024

 

 

The use of nowyouretalkingtherapy.co.uk is subject to the following terms and conditions. Please read these terms and conditions carefully.

Together with our Privacy Policy that governs our relationship with You in relation to this website and the services advertised on it. The website is managed by Now You’re Talking Therapy Limited, (referred to as ‘We’ or ‘The Company’ below). In entering our site you as a user (‘You’) are accepting our terms and conditions.

  1. Introduction

Welcome to www.nowyouretalkingtherapy.co.uk (“Website”). This Website is owned and operated by Now You’re Talking Therapy Limited (“we”, “us”, or “our”), a company registered in England and Wales under company number 15452876. Our registered office is located at Floor 5, Trafford House, Chester Road, Manchester, M32 0RS.

These Terms and Conditions govern your access to and use of our Website and the services provided through our Website. By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use our Website.

Please note that we offer booking services for therapy sessions, which are subject to additional guidelines, terms, and agreements. It is important that you read and understand all of our terms as they affect your legal rights.

If you have any questions or concerns about these Terms and Conditions, please contact us via our online contact form available on our website. You can contact us via our online contact form

  1. Definitions
  • Terms and Conditions (T&C): A legal agreement between a service provider and a user that outlines the rights and responsibilities of both parties.
  • Partner (Vendor): Therapists, who provide professional services through our platform,
  • Client (User): who seek counselling and other services,
  • Therapist Services: Professional therapeutic services offered by independent counsellors and therapists.
  • Therapist: A registered professional with relevant academic qualifications and experience in providing therapeutic services.
  • User Account: An account created by a user to access and use the services provided on the website.
  • Booking: The process of scheduling a session with a therapist through the website’s online booking system.
  • Cancellation: The act of cancelling a previously scheduled session with a therapist.
  • Refund: The return of payment for a cancelled session, subject to the website’s cancellation and refund policies.
  • Payment Processing: The process of securely handling and processing payments for services booked through the website.
  • Privacy Policy: A statement that outlines how the website collects, uses, and protects user information.
  1. User Accounts and Memberships

Account Creation: To fully utilise the services provided on our website, you may be required to create an account. You must be at least 18 years of age to create an account. During registration, you will be asked to provide certain personal details, such as your name, email address, and contact information, for the purpose of setting up your account. It is important that the information you provide is complete, accurate, and up to date.

Account Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to disclose your password to any third party. Always log out of your account at the end of each session to prevent unauthorised access. Notify us if you believe that your account has been compromised.

Account Modifications and Cancellation: You can modify your account information or deactivate your account by logging into your account settings. If you wish to cancel your account, please follow the instructions in your account settings, understanding that you may lose access to any content saved in your account. We may terminate your account for violations of these terms, including but not limited to, breaches of the acceptable use policy.

User Conduct: By using our website, you agree to abide by our acceptable use policy, which prohibits activities such as unauthorised commercial activities, illegal conduct, or making fraudulent claims in your profile. Your activity on our site must comply with all applicable laws and regulations.

Data Retention and Deletion: We retain personal data associated with your account for a limited period in alignment with our data retention policy for both partners and clients to comply with legal obligations and resolve disputes. Upon closure of your account, your personal data will be securely deleted according to our data protection policies, except to the extent necessary to comply with legal requirements.

  1. Services Provided

Our website serves as a platform to connect you with independent counsellors and therapists (“Therapists”) who offer professional therapeutic services (“Therapist Services”). These services are accessible through our easy-to-use online booking system.

Qualifications of Therapists: We maintain a high standard for the Therapists who provide services through our website. Each Therapist must be:

  • A registered professional with a relevant academic degree in their field.
  • Experienced with a minimum of three years in practice.
  • Qualified and credentialed by reputable professional organisations, such as the British Association for Counselling and Psychotherapy (BACP).
  • Compliant with regular professional supervision and continuous training requirements, including Level 2 safeguarding qualifications and GDPR training.
  • In possession of comprehensive insurance coverage, including public liability, professional indemnity, and medical malpractice insurance.
  • Subject to a Disclosure and Barring Service (DBS) check to ensure their suitability for offering therapeutic services.

Role of the Website: Our role is strictly limited to facilitating the connection between you and Therapists. We do not employ, endorse, or represent any Therapist. The Therapists are solely responsible for the delivery and quality of the Therapist Services they provide. If a Therapist’s service does not meet your needs or expectations, our platform allows you to choose an alternative Therapist from our extensive network.

Availability of Therapists: While we strive to maintain a broad and accessible database of Therapists, we cannot guarantee the availability of any specific Therapist at any given time. If a Therapist you are connected with ceases to use our website, we will promptly inform you via email and assist you in connecting with a new Therapist.

Appropriateness of Services: While we believe in the benefits of the Therapist Services provided, we recognise that they may not be suitable for everyone. The services are not a replacement for in-person therapy in cases where face-to-face interaction is recommended by a healthcare professional, such as conditions requiring intensive medical management. We encourage you to assess whether online therapy meets your specific needs before committing to a session.

  1. Booking, Cancellation and Refunds

Booking Policy

To book a session with a Partner at NYT: Now You’re Talking, customers must use the online booking system available on our website. Customers can select from various therapy types and choose a Partner based on their qualifications, therapy speciality, and availability. Payment must be made at the time of booking through our secure online payment system, which accepts all major credit cards and other approved payment methods. Upon successful booking, customers will receive a confirmation email containing all session details, including the date, time, and contact information for the Partner.

Cancellation and Rescheduling Policy

Customers have the flexibility to cancel or reschedule their appointment free of charge up to 48 hours before the scheduled time. To cancel or reschedule, customers must follow the steps outlined in our booking system. A link to these steps and additional guidance will be provided in both the booking confirmation and reminder emails.

If a cancellation or rescheduling request is made less than 48 hours before the appointment time, or if the customer fails to attend a scheduled session, the payment will not be refunded. This policy helps ensure that our Partners, who reserve their time for sessions, are compensated for late cancellations or no-shows.

Refund Policy

Refunds are only issued for cancellations made at least 48 hours in advance of the scheduled session time. All refunds will be processed back to the original payment method used at the time of booking. Refunds may take several business days to appear in your account, depending on your bank or credit card issuer.

If your session is cancelled by the therapist for any reason, you will be notified via email, and you will have the option to reschedule at no additional cost or receive a full refund.

Changing Your Therapist

If, after your initial session, you wish to change your therapist, you may do so by accessing our booking system and selecting another Partner. Changes are subject to Partner availability and the specific therapy requirements.

  1. Payments

Payment Processing: Payments for the Therapist Services booked through our website are processed using WooCommerce, a trusted e-commerce platform, integrated with Square, a secure online payment gateway. By choosing to book a Therapist Service through our website, you consent to providing your payment information directly to Square for transaction purposes.

Accepted Payment Methods: We accept a variety of payment methods through Square, including major credit cards and debit cards. Please ensure that you enter your payment details correctly to avoid any delays in booking your services.

Payment Security: Square adheres to the strictest security standards in the industry, with encryption of sensitive information and compliance with PCI DSS standards. While we take significant measures to ensure the security of all transactions, the security of information transmitted over the Internet can never be guaranteed. We are not liable for the security of information transmitted via the internet.

Pricing: All prices for Therapist Services provided through our website are stated clearly in GBP. These prices include any applicable taxes and fees unless stated otherwise.

Refunds and Cancellations: Our cancellation and refund policies are detailed in the Booking, Cancellation, and Refunds section of these Terms and Conditions. Please refer to that section for information on how cancellations are handled and under what circumstances refunds may be issued.

Chargebacks and Fraudulent Transactions: In the event of a chargeback or dispute of a payment, we reserve the right to contest such chargebacks and provide necessary documentation to Square and other financial institutions. Users found to be engaging in fraudulent transactions may have their accounts terminated and be reported to the relevant authorities.

Receipts and Transaction Confirmations: Upon successful completion of a payment, you will receive a confirmation email with your payment details and a receipt for your records. Please save or print this confirmation for future reference.

Changes in Prices: We reserve the right to modify the prices of the Therapist Services offered on our website at any time without prior notice. However, such changes will not affect any bookings that have already been accepted.

  1. Privacy and Security

Protecting and safeguarding any information you provide through the Website is extremely important to us. Information about our security and privacy practices can be found in our Privacy Policy.

  1. Intellectual Property

Ownership and Rights: The website www.nowyouretalkingtherapy.co.uk (the “Website”) and all content, features, and functionalities therein, including all related intellectual property rights, are owned by Now You’re Talking Therapy Limited (“the Company”), its licensors, or other providers of such materials. These Terms and Conditions do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, nor any intellectual property rights owned by the Company.

Trademarks: The names “Now You’re Talking Therapy Limited”, “Now You’re Talking Therapy”, “Now You’re Talking”, “NYT Therapy”, and “NYT”, along with all related logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Unauthorised use of these trademarks is strictly prohibited without the prior written permission of the Company.

Copyright and Use of Content: Unless explicitly stated otherwise, the Company retains copyright and all other intellectual property rights in all content on the Website. You are permitted to print and download extracts from the Website for your personal, non-commercial use provided that:

  • You do not modify any documents or related graphics.
  • You do not use any illustrations, photographs, video or audio sequences separately from any accompanying text.
  • You do not remove any copyright or trademark notice from any copies of materials made.
  1. Disclaimer and Limitations of Liability

Accuracy of Content: The content available on our Website, including text, graphics, information, and other material, is provided for general information only and should be verified independently before reliance upon it. While we strive to keep the information up-to-date and correct, we make no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.

Third-Party Content and Links: Our Website may include links to external websites not operated by us. These links are provided for your convenience to provide further information.

Content and Links Provided by Third Parties: Our Website may feature or display third-party content, which includes but is not limited to, products, services, advertisements, and external links to other websites (“Third Party Content”). Such content is not under the control of Now You’re Talking Therapy Limited, and we are not responsible for the creation, practices, or the content of any Third Party Content, including the related products and practices, terms, or policies associated with them.

Disclaimer of Endorsement and Liability: The inclusion of Third Party Content on the Website does not imply endorsement, affiliation, partnership, or recommendation by Now You’re Talking Therapy Limited. We do not guarantee the validity, accuracy, legality, or completeness of any Third Party Content or external websites accessed through these links. Use of any such linked website is at the user’s own risk, and we will not be liable for any loss or damage that may arise from your engagement or reliance on Third Party Content.

User’s Responsibility: You acknowledge that engaging with any Third Party Content, including following links to external sites, is entirely at your own risk and discretion. We encourage users to read the terms and conditions and privacy policies of any third-party websites or services that they visit.

Limitation of Liability: Neither Now You’re Talking Therapy Limited nor any of its group companies shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of access to, use of, or inability to use this Website, or any errors or omissions in the content thereof. This includes without limitation, damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages.

Indemnity: You agree to indemnify, defend, and hold harmless Now You’re Talking Therapy Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms and Conditions.

Website Availability and Access: We strive to ensure that our Website is available 24 hours a day. Despite our efforts, the availability of the Website may be impaired by conditions or responsibilities outside of our control, including, but not limited to, system failures, necessary maintenance, or external disruptions. Now You’re Talking Therapy Limited will not be liable for any losses, expenses, costs, or liabilities that may occur due to the Website being unavailable at any time or for any period, or if your access to the Website is interrupted, restricted, or delayed.

Temporary Suspensions: Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or due to reasons beyond our control. We are not responsible for any impact these suspensions may have.

Prohibited Uses: By using this Website, you agree not to:

  • Attempt to gain unauthorised access to our systems.
  • Post on or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, in breach of confidence or privacy, or that may infringe upon a third party’s rights.
  • Upload or spread files that contain viruses, corrupted data, or any other similar software or programs that may damage the operation of the Website or others’ computers.

User Responsibilities: It is your responsibility to ensure that any actions you take in connection with the Website are legal and comply with these Terms. Any misuse of the Website may lead to termination of your access and possible legal action.

  1. Termination

User-Initiated Termination: You may terminate your agreement with us and close your account at any time by contacting our support team via the contact form available on our website or by following the account closure procedures specified in your account settings. Upon receiving your request, we will close your account, and you will no longer have access to any areas of the website requiring account registration. Please be aware that upon termination of your account, any outstanding services or payments will still be due, and termination does not relieve you of such obligations.

Provider-Initiated Termination: Now You’re Talking Therapy Limited reserves the right to terminate your access to the website and services, with or without prior notice, under the following circumstances:

  • Breach of any of the terms and conditions stated herein.
  • Upon your request, for any reason.
  • Actions on your part that we reasonably believe to be fraudulent or illegal.
  • Prolonged inactivity in your account.
  • Non-payment of any fees owed by you in connection with your use of the services provided.

Effects of Termination: Upon termination:

  • All rights granted to you under these terms and conditions will immediately cease.
  • All related rights and licenses granted to you will terminate.
  • You must cease all use of the website and delete all copies of the website content in your possession or control.
  • We reserve the right to delete any data associated with your account without offering you a possibility of recovery, unless required otherwise by law.

Survival: Any provisions of these terms that, by their nature, should survive termination of your use of the website will continue to apply even after such termination. This includes, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  1. Governing Law and Dispute Resolution

Governing Law: These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales. This includes any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims).

Dispute Resolution: We aim to resolve any disputes with our users in a fair and efficient manner. If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting our customer support team.

If the dispute cannot be resolved through informal negotiation within [specify time period, e.g., 30 days], then we both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from the Terms and Conditions. However, you agree that Now You’re Talking Therapy Limited retains the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

Alternative Dispute Resolution: As an alternative to legal action, we also encourage you to consider using an independent and impartial mediation or arbitration service. If you are dissatisfied with the handling of your complaint, you may be able to ask an ombudsman to mediate between us. This is an informal procedure whereby disputes are resolved without you going to court.

  1. Changes in the terms and conditions

Right to Modify Terms: Now You’re Talking Therapy Limited reserves the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. This is necessary to reflect changes in our business practices, industry standards, regulatory requirements, or for other reasons deemed necessary by the company.

Notification of Changes: Whenever we make changes to these Terms and Conditions, we will provide notice by:

  • Posting a notice of such changes on our website’s homepage or on the specific Terms and Conditions page.
  • Sending an email to the email address associated with your user account, advising of the nature of the changes made.

Responsibility to Review Changes: It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. If you do not agree to the new terms, you should stop using the website and its services.

Effective Date of Changes: Changes to the Terms and Conditions are effective immediately upon being posted on the website unless otherwise stated in the change notification. Any changes will also specify the effective date when they come into force.

  1. Linking to Now You’re Talking Therapy

You may create a link from your own website to the Website provided that you obtain our prior written consent and provided that you only do so on the basis that you link to, and do not replicate, the home page of this Website and you DO NOT:

  • create a frame or any other browser or border environment around this Website;
  • in any way imply that we endorse any products or services other than our own;
  • misrepresent your relationship with us or present any other false information about us;
  • use any of our Content or trade marks without our express written permission;
  • link from a website that is not owned by you; or
  • display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke any right we grant to you to link to our Website should you breach any of these terms and conditions. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we, or any of our group companies, may suffer or incur due to your breach of any of the terms set out above.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE WEBSITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELLORS / THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

THE WEBSITE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE WEBSITE.