Speek Health

BACKGROUND:

These Terms and Conditions together with the attachment below and any and all other documents referred to in these Terms and Conditions set out the terms and conditions on which Paid Content, accessed via a Subscription, using Our mobile application (“App”), is sold by Us to Consumers.
Terms and information that are specific to accessing sessions of Paid Content presented by a Psychologist (as defined below) from or via Our App using the Zoom cloud-based web conferencing platform are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms and Conditions.
Please read these Terms and Conditions and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms and Conditions or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms and Conditions and the attachment and the Privacy Policy. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our App.
All of the information that We give to You will be part of the terms of Our Contract with You as a User whether it is information that We:

are required by law to give to You before You order a Subscription; or
voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms and Conditions and the attachment.

Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and purchase a Subscription.
These Terms and Conditions, as well as any and all Contracts, are in the English language only.
These Terms and Conditions apply only to the use of Our App and the sale of a Subscription.

Definitions and Interpretation

1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means the account, referred to in Clause 7, that You must set up with Us in order to purchase any Subscription;
“Affiliate”	means an entity which controls, is controlled by, or is under common control with, a party, and control means the ability to vote 50% or more of the voting securities of any entity or otherwise having the ability to influence and direct the polices and direction of an entity;
“Background Items”	means background and other information or materials relating to or forming part of the session to be provided, all of which information or materials is downloadable or viewable as text/graphics;
“Blog(s)”	means a discussion or post posted or uploaded to any System;
“Business”	means any legal entity that is not a human individual, such as a limited company, limited partnership, common law partnership, unincorporated association and the like;
“Consumer(s)”	means an individual acting for purposes that are wholly or mainly outside that individual’s trade, Business, craft or profession;
“Content”	means any text, graphics, images, audio, video, software, data compilations including, but not limited to, text, graphics, logos, icons, sound clips, video clips, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Services or the Platform, which for the avoidance of doubt, includes all Paid Content; BUT excluding User Content;
“Contract”	means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content, as explained in Clause 7;
“Data Subject”, “Personal Data”, “processing” and “process”	shall have the meanings given to them in the Privacy Legislation;
“Database”	means the database stored on the Platform which contains inter alia User Content;
“Feedback”	means all comments, suggestions, requests, requirements, improvements, feedback, or other input You provide regarding any products or services owned or supplied by Us or Our Affiliates;
“GDPR”	means Regulation (EU) 2016/679;
“Intellectual Property Rights”	means patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, and any other proprietary information (whether registered, unregistered, pending or applied for);
“Paid Content”	means any Content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. The sessions, Background Items and other information or materials are sold by Us through Our App and made available by Us on Our App by means of: two-way synchronous livestream audio and/or video technology, e.g. Zoom. asynchronous livestream video and/or audio; recorded streamed non downloadable video and/or audio; and downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items. Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Psychologist presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in Our discretion, at any time and without notice substitute any other Psychologist(s) who is suitably qualified and experienced;
“Platform”	means the hardware and software environment in which the Services operate, which comprises one or more server computers (whether virtual or not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant),operating system software, database software, antivirus and security software, switches, power supplies and telecommunications infrastructure;
“Privacy Legislation”	means the GDPR (where applicable in relation to the storage retention and processing of EU personal data), the Data Protection Act 2018, the retained EU law version of the GDPR (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended or replaced from time to time), and all applicable laws and regulations relating to the processing of personal data and privacy whether now or in the future in force;
“Privacy Policy”	means Our privacy statement which can be found here [https://lets-speek.com/privacy-policy/];
“Psychologist(s)”	means the clinical psychologist who presents the Paid Content and/or who interacts with You online during any session of Paid Content;
“Services”	means collectively any facilities, tools, services or information that We make available through Our App and the Platform either now or in the future;
“Subscription(s)”	means a subscription to Our App purchased by You which provides You with the entitlement and access to Paid Content which comprises either: one or more specific single events or items; and/or one or more series or collections of two or more specific events or items; and/or one or more or all types of events or items available on or via Our App; and the Background Items. We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription. Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
“Subscription Confirmation”	means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID”	means the reference number for Your Subscription;
“System”	means any online communications infrastructure that We make available through the Our App and/or the Platform either now or in the future and whether administered by Us or by a third party. such as (but not limited to), message boards and live chat facilities;
“UnPaid Content”	means any Content which We make available to You on Our App and which is not Paid Content;
“User”	means an individual customer who purchases any Subscription to Our services comprising any Paid Content which is to be received or used for their personal use as a Consumer;
“User Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to the Platform or the Services and has been uploaded by User;
“We/Us/Our”	means SPEEK HEALTH LTD, a private limited company registered in England and Wales under Number 14079035 whose registered address is 7 Bell Yard, London, England, WC2A 2JR; and
“Working Day”	means any day upon which the Bank of England is open for business;
“You”	means the User who sets up an Account and purchases a Subscription and accesses and uses any Paid or UnPaid Content;
“young person”	means an individual under the age of 18 who is under the care of a User as a parent or guardian.

Information About Us

1. 1. Our App is operated by Us.

Contacting Us

1. 1. If You wish to contact Us with general questions, You may contact Us by email at [email protected] or by post at 7 Bell Yard, London, England, WC2A 2JR.
  2. For matters relating to Paid Content or Your Subscription or Account, please contact Us by telephone by email at [email protected] or by post at 7 Bell Yard, London, England, WC2A 2JR
  3. For matters relating to cancellations, please contact Us by email at [email protected] by post at 7 Bell Yard, London, England, WC2A 2JR and refer to the relevant Clauses below.
  4. To make a complaint, see Clause 17.

Age Restriction

Only if a person is at least 18 years of age may they set up an Account or purchase a Subscription through Our App and access Paid Content.

Business Customers

These Terms and Conditions and the attachment below apply to Consumer customers only.

Subscriptions, Paid Content, Pricing and Availability

1. 1. We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that due to reviews and updates of the Services, minor differences or discrepancies may occur (see Clause 6.4).
  2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.
  3. We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price by posting changes on Our App before the change is due to take effect. If You do not agree to such a change, You may cancel the Subscription as described in sub-Clause 13.1.
  4. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
  5. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You by posting changes on Our App before the changes are due to take effect. If You do not agree to the changes, You may cancel the Subscription as described in sub-Clause 13.1.
  6. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
  7. We make all reasonable efforts to ensure that all prices shown on Our App are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).
  8. All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 5 Working Days, We will treat Your order as cancelled and notify You of this.
  9. If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 14.4.
  10. If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our App at the time of placing Your order.
  11. All prices on Our App include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Orders – How Contracts Are Formed

1. 1. Use of the Paid Content and group programme requires the payment of a Subscription Fee. Subscription Fees are detailed here https://lets-speek.com/speek-subscription/]. Your credit / debit card/ will be billed at the time at which You sign up for such features and monthly thereafter and automatically renew on a monthly basis until cancellation or termination. The Subscription will automatically renew unless You give Us notice prior to the renewal date that You wish to terminate the Subscription. Subscriptions can be terminated at any time for no extra charge. Upon termination Your subscription will end on the last day of Your Subscription period. On termination of the Subscription, all User Content will be deleted.
  2. Our App will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
  3. By creating an Account You represent and warrant that:
    1. all information You submit is accurate and truthful and You have authority to provide that information; and
    2. You will keep this information accurate and up-to-date.
    3. You are over 18 years of age;
  4. Sharing of accounts is not permitted unless expressly authorised in writing by Us. You must keep Your Account details confidential and should not reveal Your username or password to any unauthorised third parties.
  5. If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
  6. No part of Our App constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding “Contract” between Us and You.
  7. Subscription Confirmations shall contain the following information:
    1. Your Subscription ID;
    2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
    3. Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
    4. The duration of Your Subscription (including the start date, and the expiry and/or renewal date);
    5. Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 13.1;
    6. In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and
  8. In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 15 Working Days.
  9. Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  10. Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

Payment for Subscriptions

1. 1. Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation
  2. We accept the following method of payment on Our App:
    1. Credit/Debit card via Stripe;
  3. If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 10 Working Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
  4. If You believe that We have charged You an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

Provision of Paid Content

1. We undertake to make available to You on these Terms and Conditions the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
2. All Paid Content within the scope of Your Subscription will be available to You in accordance with Clause 7 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will reschedule a new start date and time.

When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 13.1 for more information.
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
1. To fix technical problems or to make necessary minor technical changes;
2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
3. To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.
If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 24 hours). If the suspension lasts (or We tell You that it is going to last) for more than 21 days, You may end the Contract as described below in sub-Clause 14.2.
We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 10 Working Days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 10 Working Days of the day on which the event triggering the refund occurs.
Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

Intellectual Property Rights and Licence

1. 1. Subject to the exceptions in Clauses 10.2 and 10.3, all Intellectual Property Rights in Content included on Our App and the Platform, that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database belongs to Us, or Our Affiliates or third parties. By continuing to use Our App and Services You acknowledge that such Intellectual Property Rights are protected by applicable United Kingdom and international Intellectual Property and other laws.
  2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from Our App or Services as specified in Clause 10.3 and for personal or educational purposes only unless otherwise indicated on Our App or unless given Our express written permission to do so. Specifically, You agree that:
    1. You will not systematically copy Content from Our App or Platform with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
  3. Material from Our App may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
  4. Unless otherwise expressly indicated, all Intellectual Property Rights in Content belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 10.3 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on Our App or unless given express written permission to do so by the relevant manufacturer or supplier.
  5. When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for the period of Your Subscription (or for a lesser period if specified otherwise) for You to access, participate in and use the relevant Paid Content for Your personal purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
  6. Without prejudice to Clauses 10.1, 10.2, 10.3 or 10.4, the licence granted under sub-Clause 10.5 is subject to the following usage restrictions and/or permissions:
    1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under Clause 10.3; and
    2. When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as a one of Our Users) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it.

Problems with the Paid Content

1. 1. We undertake to provide Paid Content that is of satisfactory quality, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
    1. If the Paid Content has faults, You will be entitled to a repair or a replacement.
    2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
    3. If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 15.4 for more information.
  2. Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
  3. If there is a problem with any Paid Content, please contact Us at [email protected] or visit the contact page on Our Website [https://lets-speek.com/contact-us/] to inform Nessrin Younes, Content Department of the problem.
  4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
  5. Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
  6. For further information on Your rights as a User, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

Questionnaires

1. 1. When creating an Account We will ask You to complete a questionnaire. This questionnaire allows Us to tailor the Services We deliver to You as part of Your Subscription, to better understand who uses Our Services, whether the support We are providing is working the way We intend it to, and how to improve Our Content and Services.
  2. Your Questionnaire, generated by Us, relies on the accurate and truthful input of information and answers by You. False, misleading and inaccurate information and answers will result in an inaccurate result. Please be honest and thorough and do not withhold relevant information when asked, as this will lead to an inaccurate result. We shall not be liable to You or any third party for Your or any third party’s reliance on the terms of Your questionnaire generated by Us.
  3. The Questionnaire will not ask for the name of the young person, We do not require this information to provide the Services. For data protection and confidentiality purposes You should not disclose the name of the young person when completing the questionnaire or when using Our Services. If You volunteer any such Personal Data identifying a young person, when using Our Services, this is done so at Your own risk and it is deemed that the You give explicit consent, and have the necessary authority to give said explicit consent, to the collection, processing, use and retention of such personal data pertaining the young person for the purposes of Us providing Our Services to You. For further information on how We collect, process and use Personal Data please see Clause 18.
  4. Our Services are not appropriate for managing medical emergencies. We do not operate as a crisis service. Click here to find a list of crisis services. If You have any concerns regarding the health and/ or wellbeing of any young person in Your care e.g. if their symptoms get worse, You must see a physician or other qualified medical expert or call NHS111, or in an emergency call 999 if there is perceived immediate danger of threat to life. If You have difficulties communicating or hearing, call 18001 111 on a text phone and follow their advice.
  5. Whilst reasonable endeavours have been made to ensure that all information, guidance and recommendations provided by Us will be accurate and up to date, We do not give any warranty or representation that this is the case. We do not give any guarantee of any specific results from the use of Our App/ Platform and/or the Services.
  6. You use the Services at Your own risk. We shall not be liable to You for Your use of the Services.
  7. Our App/Platform and Services (including any information or guidance provided by any Psychologist) do NOT comprise medical advice. The information, including but not limited to, Content and other material contained on the App/ Platform are for informational purposes only. No material or Content on the App/ Platform or forming part of the Services is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions You may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of Our Services and/or Content on Our App/Platform.

Cancelling Your Subscription – Consumers

1. If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
2. If You are a User based in the UK or European Union, You have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and You, the buyer, is formed and ends at the end of 14 calendar days after that date.
3. Under some circumstances, premium features requiring the payment of Subscription Fees on this App are made available immediately upon Our confirmation of Your order for them. By expressly requesting this, You waive Your right to the cooling-off period and may not cancel the contract merely because You have changed Your mind.
4. After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 13.3 and Clause 14, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
5. If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
6. If You wish to exercise Your right to cancel under this Clause 13, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on Our Website [https://lets-speek.com/subscription-cancellation/] and will include a link to it with the Subscription Confirmation. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
  1. Email: [email protected];

in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.

We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Content and Services, however please note that You are under no obligation to provide any details if You do not wish to.
Refunds under this Clause 13 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
Refunds under this Clause 13 will be made using the same payment method that You used when purchasing Your Subscription.

Your Other Rights to End the Contract – Consumers

1. You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms and Conditions that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a pro rata refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
2. If We have suspended availability of the Paid Content for more than 21 days, or We have informed You that We are going to suspend availability for more than 21 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a pro rata refund.
3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a pro rata refund.
4. If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
5. You also have a legal right to end the Contract at any time if We are in material breach of it and You have informed Us of the breach in writing and We have not remedied the breach within 14 days of Your notice. You may also be entitled to a full or partial refund and compensation. If You are a User, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
6. Refunds under this Clause 14 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
7. If You wish to exercise Your right to cancel under this Clause 14, You may do so in any way You wish, however for Your convenience We offer a cancellation form on Our Website [https://lets-speek.com/subscription-cancellation/] and will include a link to it with the Subscription Confirmation. If You would prefer to contact Us directly to cancel, please use the following details:
  1. Email: [email protected];

in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.

We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Content and Services, however please note that You are under no obligation to provide any details if You do not wish to.

Our Liability to Consumers

1. 1. We will be responsible for any foreseeable and direct loss or damage that You may suffer as a result of Our material breach of these Terms and Conditions (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable and any damage that is not directly attributable to Our actions.
  2. Our Services are intended for non-commercial use only. We make no warranty or representation that the Services are fit for any particular use of any kind. 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 or any indirect or consequential loss.
  3. We give no guarantee that by using the Services or Content, You will be guaranteed any particular outcome or result.
  4. If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our App damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
    1. We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
    2. The damage has been caused by Your own failure to follow Our instructions; or
    3. Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
  5. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
  6. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a User if You are a non- Business user. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  7. We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

Use of Communications Facilities and Platform

1. When using any System on Our App or the Platform You should do so in accordance with the following rules:
  1. You must treat other Users and Our team including Our Psychologists with respect and courtesy;
  2. You must act with honesty and integrity;
  3. You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  4. You must not engage in unlawful discrimination;
  5. refrain from engaging in any conduct which could be construed as amounting to harassment, victimisation or bullying;
  6. You must not conduct yourself in a manner that is threatening or intimidating;
  7. You must not use disparaging, ridiculing, offensive or insulting behaviour, language or gestures;
  8. You must work in a collegiate and collaborative manner, where appropriate;
  9. You must not use obscene or vulgar language;
  10. You must not submit User Content that is intended to promote or incite violence;
  11. You must not submit User Content that is intended to promote self- harm, eating disorders or suicide;
  12. You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which Your User Content can be lawfully accessed;
  13. It is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
  14. The means by which You identify yourself must not violate these Terms and Conditions or any applicable laws;
  15. You must not impersonate other people, particularly Our employees and representatives or Our Affiliates; and
  16. You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
2. You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
3. You acknowledge that We may retain copies of any and all communications made to Us or using Our System.
4. You acknowledge that any information You post on the Blogs, forums/chat or similar may be modified by Us in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
5. You agree that You will be solely responsible for Your Blog(s) and for any comments/ User Content You make anywhere on a Our App or tweeted or re-tweeted to or posted on any social media app. Specifically, You agree, represent and warrant that You have the right to use the User Content that You submit and that Your Blog(s), posts, or comments comply with Clause 16.
6. You agree that You automatically grant Us a worldwide, perpetual, irrevocable, royalty free licence to use Your Blogs and User Content posted/ uploaded on any System in any way We deem appropriate including, but not limited to:
  1. the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of such Blogs;
  2. the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon such Blogs;
  3. to observe and report back to the User on the User’s usage of Our Content and Services, and make recommendations for improved usage of Our Content and Services;
  4. identify trends and publish reports on Our findings from data aggregated from the Our App provided such reports do not identify any User and otherwise anonymise the data and comply with the principles of terms of the Privacy Legislation.
7. Our use of such Blogs shall not bestow any rights or interests upon You whatsoever.
8. You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under sub-Clause 16.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9. If You have any concerns (including safeguarding concerns) regarding User Content that has been submitted to Our Platform/ System please contact Us in accordance with Our Safeguarding Policy [https://lets-speek.com/safeguarding-policy/].
10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks, and database rights) of any other party; or
11. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12. We reserve the right to suspend or terminate Your Account and/or Your access to Our App if You materially breach the provisions of Clause 16.1 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
  1. suspend, whether temporarily or permanently, Your Account and/or Your right to access Our App;
  2. remove any User Content submitted by You that violates this Acceptable Usage Policy;
  3. issue You with a written warning;
  4. take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
  5. take further legal action against You as appropriate;
  6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  7. any other actions that We deem reasonably appropriate (and lawful).
13. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Complaints and Feedback
1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
2. All complaints are handled in accordance with Our Complaints Policy and available from https://lets-speek.com/subscription-cancellation/.
3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
  1. In writing, addressed to Kanu Batra at 7 Bell Yard, London, England, WC2A 2JR
  2. By email, addressed to Kanu Batra at [email protected]
How We Use Your Personal Information (Data Protection)
1. We will only use Your Personal Data and any Personal Data pertaining to a young person as set out in Our Privacy Policy [insert link].
2. The Privacy Legislation states that a child may exercise their rights as a Data Subject on their own behalf as long as they are competent to do so. When You provide any Personal Data pertaining to a young person to Us You warrant that You have obtained the consent of the young person to provide Us with such Personal Data.

Other Important Terms

1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) 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 and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
2. You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.
3. The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
4. If a court or other authority finds that any part(s) of these Terms and Conditions are unlawful, the remaining parts will remain in full force and effect.
5. If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms and Conditions, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
6. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 14 above).
Law and Jurisdiction
1. These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales.
2. As a User, 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 User to rely on those provisions.
3. As a User, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts as determined by Your residency.

Attachment

Use of the Zoom web-conferencing platform to access one on one and group sessions online

We offer the Content online with a Psychologist or a Psychologist and group therapy session with other Consumers led by one of Our Psychologists (and groups of 5-8 Users).

We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”) or if Zoom is not available We may use Microsoft Teams (“Teams”).

Where We are to make any of the Content available for You by means of Zoom or Teams rather than any other platform, it will be on the following basis.

By agreeing to these Terms and Conditions You hereby agree that You will comply with any and all of Zoom’s and or Team’s terms and conditions and policies required for the use of these third party sites. Unless expressly stated, We neither assume nor accept responsibility or liability for 1) the content or availability of these third party sites, these sites are not under the Our control; and 2) Your breach of any of these third party site’s terms and conditions or policies required for the use of these third party sites.

The technology that We will be responsible for providing

We will subscribe to Zoom or Teams and will pay any necessary fees to Zoom or Teams as the case may be to maintain that subscription. It will enable Us to act as “host” and to provide the Content to You over the internet via the Zoom or Teams platform.

To receive or participate in any of the Content via Zoom or Teams, You will need to join an online session which is within the scope of Your Subscription. You will not need to pay any fee or charge to use the Zoom or Teams facility or join that session: You will only need to pay for the Content made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device(s)”) or any Zoom or Teams App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or Teams.

The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via Zoom or Teams. We will always inform You as to which platform We are using.

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

An appropriate functioning Device which is adequately charged;
An up to date Zoom or Teams App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
Stable, reliable, internet access with adequate speed;
A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Psychologist;
Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and
any other materials or equipment that You will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the Zoom or Teams platform that You use to access any Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or Teams as the case may be as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom or Teams platform but is instead downloadable directly from Our App.

Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable in respect of that damage under the Terms and Conditions.

We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):

Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
Failure of or defect in the Zoom or Teams platform used by Us or You to make the Content available to You; or
Your inability to access the Content due to failure of or defects in Our App etc.

Account setup needed

In order to purchase any Subscription and enable You to receive any Content, and utilise certain parts of the Services, You will first need to setup and then maintain an Account with Us. Our App will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and username. We recommend that You choose a strong password for Your Account.

You may be asked for additional information regarding Your Account, such as Your e-mail address.

You are required to book sessions through Our Platform, availability for sessions is first come first served. By purchasing a Subscription We do not guarantee the availability of sessions.

Your responsibility for Your Account and its security

You must not share Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

Your privacy and security on each occasion when Content is accessed

Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion of You accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.

Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:

When You sign in to Zoom or Teams, You should indicate Your first name only since Your name will be visible to other Users taking part;
You understand and are aware that there is a risk that other Users and other people may see and hear (via the video and/or audio facilities of the Zoom or Teams App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
The space that You use should be free of others and it should be difficult to see or hear via the Zoom and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other Users as well as You;
In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.

We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.

Health and Safety

You acknowledge and agree that:

When You purchase a Subscription and at least 48 hours before You participate in any session,

You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. We will inform You if We decide not to accept Your order for a Subscription because of the particular requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and

(b) Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.

9 Psychologists

Please note that:

We will in Our discretion decide which Psychologist to assign to each session. Where a Subscription comprises more than one session, We may assign different Psychologists to different sessions but will endeavour to minimise the changes of Psychologist from one session to the next in relation to each Subscription.
In any event, the Psychologist who We assign to any session will be appropriately qualified and/or experienced at the appropriate level for that session and will be competent to conduct that session.
Details of actual or minimum qualifications or experience of the Psychologists who We may or will assign to any session will be available to see on Our App. Where We are able to and consider it appropriate or helpful to Our Users to do so, We include on Our App brief details of Our Psychologists current and former relevant roles with other organisations.

10 Scope of Our Content

Content offered: Please see Our App for details of Content available.

Period of sessions: Where a session is a live two-way interactive session, We will provide group tuition for You for a period of 60 minutes (or any other period that We agree with You when You purchase a Subscription).

Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any activity engaged in by You set or suggested by the Psychologist, and Your willingness to engage in sessions and with Content.

Satisfactory progress or a particular result cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, improvement in a young person’s mental health or a young person ceasing or reducing their self-harm) as a result of You using Our Services and taking part in or viewing any session(s)/ Content.

Attendance: If You are not available for a session for any reason it is solely Your responsibility to book another session, We make no guarantee that an alternative session will be available if You cancel a booked session.

Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.

Course or other equipment, items materials etc.: We may make suggestions as to any equipment, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You use these at Your own discretion and risk.

Assignments: We may give You at the end of a session and skill building activities to carry out, and You should complete it/them prior to Your next session. It is best if You have a quiet place to carry out work on any skill building activities without interruption.