Terms and conditions
1.2. Any reference to “Therapychat”, “we”, “us” or “our” is a reference to Altania de Mar S.L (trading as Therapychat), a company registered in Spain with company number B-83082347 and its registered office at Paseo de la Castellana, 259D, Planta 43, 28046, Madrid.
1.3. Please read these terms carefully before you start to use our App or Website. These terms apply whether you are visiting the App or Website as a guest or as a registered user. Use of our App or Website includes accessing, browsing or registering to our App or Website.
1.4. By using our App or Website in any way, you confirm that you fully and unconditionally accept these terms and that you agree to comply with them and that these terms as modified from time to time form the basis of a contract between you and us.
1.5. If you do not agree to these terms, you must not use our App or Website.
1.6. These terms refer to and are deemed to incorporate the following additional terms, which also apply to your use of our App or Website:
1.6.2. Our Acceptable Use Policy , which sets out the permitted uses and prohibited uses of our App and Website. When using our App or Website, you must comply with this Acceptable Use Policy.
1.7. We seek to make the App and Website as accessible as possible. If you would like these terms in another format (for example: audio, large print, braille) please contact us using the contact details given in these terms.
2. Changes to these terms, the App and the Website
2.1. We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes made, as you will be deemed to have accepted these terms as amended if you continue to use the App or Website after any amendments are made. If you do not agree to, or cannot comply with, these terms as amended, you should not use the App or Website.
2.2. We may update the App or Website from time to time and may change the content at any time. However, please note that any of the content on the App or the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the App or Website, or any content on either of them, will be free from errors or omissions.
3. Our Services
3.1 How we work
3.1.1. We provide a platform for individuals (the Client ) to speak with suitably qualified therapists (the Therapist ) located in the UK via typed/chat conversations and video and audio interactions ( Services ).
3.1.2. All of our Therapists will either be accredited with BABCP or will have accreditations or experience that we believe to be suitable.
3.1.3. Our Services are accessed remotely using the internet, data networks and devices which can access the internetand operate via the App and our Website.
3.1.4. When you enter the App or the Website, we will ask you a series of questions and ask you to accept these terms. Once you have accepted these terms, you will be asked to subscribe for our Services by paying the necessary Fees, see paragraph 16.
3.1.5. On paying the Fees, you will be asked a number of questions by us. These questions will be centred around why you are using Therapychat. We will use your answers to identify a suitably qualified Therapist for you.
3.1.6. Once you have been put in contact with a Therapist, you will then enter into a direct contract with the Therapist in respect of the therapies to be provided (the Therapy Consultations ) such terms to be agreed between you and the Therapist using our platform. The timings and details of the Therapy Consultations are to be agreed between you and the Therapist. We are not a party to the contract between you and the Therapist and are in no way involved in the Therapy Consultation arrangements and as such we are not responsible if the Therapist does not do what they have said they will do, if the arrangements are not adhered to in any way or if the Therapy Consultations are not as anticipated.
3.1.7. You may cancel your subscription with us at any time in accordance with paragraph 22. If you are unhappy with the Services or the Therapy Consultations, you may cancel your subscription with us within the first 7 days following your first payment of the subscription price (the Cooling Off Period ). In the event that you cancel your subscription during the Cooling Off Period, we will refund you 75% of the Fees you have paid.
Therapists will be subject a vetting process before they provide Therapy Consultations. Although we may perform background checks we cannot confirm that each Therapist is who they claim to be and therefore, cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information.
3.3.1. To register as a Client you will need to pay the necessary Fees and then provide the following information:
- (a)your email address;
- (b)confirmation you are 18 years old or above;
- (c)confirmation that you are not using Therapychat to treat any emergency/dangerous issues;
- (d)credit card details for the Fees; and
- (e)answers to the Therapychat robot’s question ( Cloe ).
3.3.2. From time to time we may require you to provide other and/or further information in order to continue to make use of the App and/or Website as a Client.
3.3.3. By registering as a Client, you confirm that you understand these terms and conditions.
3.3.4. When creating your account, you must provide accurate and complete informat – Any c. hange of email address must be updated through the settings section of your account.
3.3.5. We reserve the right to approve or reject any Client or to delist or block any Client already registered on the App and/or Website for any reason whatsoever including in respect of the failure to provide information or to comply with these terms.
3.4 Limitations on providing and using our Services
3.4.1. In some cases, Therapists may decide that our Services may not be suitable for you. The Therapists will inform you if this is the case.
3.4.2. Our Services must not be used for medical enquiries, to treat any medical conditions or if there is a risk of serious mental health issues.
3.4.3. You must not use the Services or the Therapy Consultations for the purposes of diagnosis, treatment or follow-up of pathologies or psychological problems that require qualifications that our Therapists do not possess or require face-to-face therapy. The Therapy Consultations offered through the Services are not, in any case, equivalent or a substitute for face-to-face therapy. When face-to-face therapy is necessary, the Client and the Therapist should refrain from using the Services.
3.4.4. If you are aware that you have a recognised medical condition, you should always talk to a qualified medical professional about any questions you may have about that medical condition. If you think you have a medical emergency, you should call your doctor or the emergency services immediately.
3.4.5. If you have any symptoms that you would like to address, we would recommend visiting a qualified medical professional instead of asking our Therapists.
3.4.6. The App and Website are not suitable for managing medical emergencies.
3.4.7. You must be at least 18 years old to use the App and Website.
3.5 Other limits on our Services
3.5.1 We do not guarantee the availability of our Therapists.
3.5.2 The Services provide the Client with:
(a)the ability to have chat facilities with the Therapist during the subscription period, although it is the Therapists choice whether to respond to any messages from the Client; and
(b)four Therapy Consultations a month, usually one a week and limited to 50 minute durations.
3.5.3 We do not tolerate abuse or offensive behaviour towards any of our Therapists.
4. Using the App and Website
4.1. By accessing the App or Website, you consent to receiving messages via the App or Website, calls and text messages from us to your mobile or other phone and to receive emails, if we consider this necessary for any purpose.
4.2. Our App and Website are available to browse free of charge, although you will need to pay the Fees and register an account with us to be put in contact with a Therapist.
4.3. The App and Website are for Clients personal and non-commercial use only. Therapists must not use the App or Website for personal use.
4.4. You agree that you are solely responsible for:
4.4.1. all costs and expenses you may incur in relation to your use of the App and/or Website;
4.4.2. making all necessary arrangements for you to have access to our App and/or Website; and
4.4.3. keeping your password and other account details confidential and up to date.
4.5. We have the right to disable your account with us if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org.
4.6. You agree that you will be solely responsible (to us, and to others) for all activity that occurs under your account.
4.7. The App and Website are run from Spain. We do not represent that content available on or through the App and/or the Website are appropriate or available in locations other than the UK and Spain. We may limit the availability of the App and/or Website or any service described on the App and/or Website to any person or geographic area at any time. If you choose to access the App and/or Website from outside Spain or the UK, you do so at your own risk.
4.8. When interacting with people on our App and/or Website you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day and in safe places.
4.9. You must not create an account on the App or Website supplanting the identity of other users, third parties or public authorities.
4.10. Subject to paragraph 3.1.6, Therapists and Clients must not enter into a contract with each other outside of these terms if they have been introduced by us. Doing so will amount to a breach of these terms and we reserve all of our rights in this respect.
5. Legal relationships, withholdings and status
5.1. It is our intention and understanding that each Therapist who is commissioned to deliver Therapy Consultations to a Client is an independent contractor operating a business on his or her or its own behalf.
5.2. It is our further intention and understanding that each Therapist will have a contract with each relevant Client for whom they provide Therapy Consultations which has the effect that the status of the Client is that of a client or customer of a profession or business undertaking carried on by the Therapist and that consequently each Therapist is not an “agency worker” for the purposes of the Agency Workers Regulations 2010.
5.3. Each Client and each Therapist acknowledges that we do not, in any way, supervise, direct, or control a Therapist’s work or any Therapy Consultations in any manner.
5.4. We do not set a Therapist’s work hours or location of work. We will not provide any equipment, labour or materials needed except for the Services.
5.5. We are not an employment service, employment business or employment agency and we are not the employer of any Therapist.
5.6. Therefore, we are not liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s commissioning of a Therapist.
5.7. Unless otherwise agreed between the Therapist and the Client in respect of any specific Therapy Consultations, the Therapist shall be free to provide Therapy Consultations from any location that the Therapist thinks fit and at any time of day that the Therapist thinks fit.
5.8. The Therapist shall be entitled to substitute another suitable Therapist to provide all or part of the Therapy Consultations.
Our Therapists will not prescribe medicine to Clients or advise regarding any medicines.
7. Technical requirements for using the App and Website
7.1. You must have a smartphone and/or laptop to access our Services, which has the ability to connect to the internet or a data network with a minimum connection requirement of 10mbps.
7.2.1. iOS 10.0 (iPhone 5 or later version; iPad 4 or later version); or
7.2.2. Android 4.4.2 or later versions
7.3.1. Google Chrome 52 or later versions;
7.3.2. Mozilla Firefox 47 or later versions; or
7.3.3. Internet Explorer 11 or later versions.
7.4. We use Tulio for the video conferencing aspect of the Services.
8. Consultation recordings
The Therapy Consultations are not recorded.
9. Uploading content to our App and Website
Clients and Therapists cannot upload content to the App or Website.
We do not guarantee that our App and Website 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 the App and Website. You should use your own virus protection software. You must not misuse the App and Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or Website, the server on which the App or Website is stored or any server, computer or database connected to the App or Website. You must not attempt to access other user accounts. You must not attack the App or Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the 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 the App and Website will cease immediately.
11. Linking to our site
You may link to our Website home page, 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. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our App or Website other than that set out above, please contact email@example.com.
12. Hyperlinks and third party sites
The App and Website may contain hyperlinks or references to third party websites other than the App and Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
13. Accuracy of information and availability of the App and Website
13.1. While we try to make sure that the App and Website are accurate, up-to-date and free from bugs, we cannot promise that they will be. No warranty, representation or guarantee whether express or implied, is given as to their accuracy and we do not accept any liability for error or omission. Furthermore, we cannot promise that the App and Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the App or Website is at your own risk.
13.2. We may suspend, withdraw, discontinue, change or terminate all or any part of the App and/or Website without notice at any time as we see fit.
13.3. While we try to make sure that the App and Website are available for your use, we do not promise that the App and Website will be available at all times nor do we promise the uninterrupted use by you of the App or Website. We will not be liable to you for any reason the App or Website are unavailable or interrupted at any time for any period.
13.4. Content on the App and Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App and Website.
14. Limitation on our liability
14.1. While we may be liable to you in certain circumstances, we are not liable to you in every eventuality. This section sets out the situations where we will not be liable to you.
14.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we will not be liable to you 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:
14.2.1. use of, or inability to use, the App or Website;
14.2.2. use of or reliance on any content displayed on the App or Website; or
14.2.3. downloading or copying or other use of any material uploaded onto our App and Website; or
14.2.4. any act or omission or failure on the part of any payment provider we use including Stripeand its affiliates.
14.3. Please note that in particular but without limitation, we will not be liable for:
14.3.1. loss of profits, sales, business, or revenue;
14.3.2. business interruption;
14.3.3. loss of anticipated savings;
14.3.4. loss of business opportunity, goodwill or reputation; or
14.3.5. any indirect or consequential loss or damage.
14.4. 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 App and/or Website or to your downloading of any content on it, or on any website linked to them.
14.5. We assume no responsibility for the content of websites linked on our App and/or Website. Such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
14.6. We will not be liable for any compensation to you or otherwise in the event that you have suffered any loss or damage that was unforeseeable, indirect or an incidental consequence of breaching these terms.
14.7. We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions.
14.8. We only act as an intermediary between Clients and Therapists and as such we have no responsibility or liability for the actions of Clients and Therapists, the communications between the Clients and Therapists or any other circumstances relating to Clients and Therapists. Although we may vet Therapists (please see paragraph 3.2 above), we are not responsible for the Therapists, their credentials or their conduct.
14.9. We will not be liable for any false or misleading statements made by any Client or Therapist.
14.10. While we will try to assist in matching Clients to Therapists, we will not take part in the interaction between Clients and Therapists. We are not responsible or liable for the performance by Therapists and have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Therapy Consultations or of any ratings provided by Clients or Therapists in respect of each other.
14.11. We give no assurances about the availability, suitability, reliability, timeliness, or accuracy of provision of any Services or Therapy Consultations or as to the suitability of any Services or Therapy Consultations in relation to any specific condition.
15. Events beyond our control
We shall have no liability to you for any breach of these terms caused by any event or circumstance 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.
16.1 The Client will transfer the sum required under the relevant subscription plan for access to the Services (the Fees) at the beginning of every calendar month, or such other sums as may be notified in these terms or directly to you from time to time.
16.2 We hold the Fees on behalf of the Therapists in escrow. We are authorised by the Therapists to manage these funds. At the end of each calendar month, we invoice the Therapists for their use of our Services (the Commission ) and we deduct the Commission from the Fees and return the remaining sum to the Therapist.
16.3 Clients will not be required to make any payment directly to the Therapists.
16.4 Subject to paragraphs 3.1.7 and 22.3, subscriptions will automatically renew each month and we will take payment on or around the 1st. day of the calendar month. If we are unable to take payment of the Fees from the bank account details you have provided, we will try three more times in the following week. If we are still unable to take payment of the Fees, the Client will have their subscription cancelled. In the event that a Client’s subscription is cancelled as a result of non-payment of the Fee, the Client will be able to access the chat part of the platform for a further two weeks from the date on which we last attempted to take payment of the Fees from them. During this two week period the Client can attempt to contact the Therapist using the chat part of the Services but we do not guarantee that the Therapist will be responsive during this time.
16.5 In order to cancel your subscription, you must provide no more than a months’ notice in advance. You can cancel your subscription by deleting the App or your account. In the event that you cancel your subscription part way through the calendar month, you will not receive a refund of any part of the Fees.
16.6 We may suspend our provision of Services if you do not pay the Fees on time.
16.7 Payment may be taken from a Client on a different day if they have subscribed on a day that falls outside of our regular subscription payment period.
16.8 Clients can pay for our Services using a debit or credit card.
16.9 The Fees do not attract VAT.
17. Payment Provider
17.1. We work with Stripe as our integrated payment provider.
17.2. If Stripe and/or any bank with which we have an account becomes insolvent, or is the subject of any insolvency, administration, moratorium or analogous proceedings, or if any other circumstances affect our ability to access or deal with funds, we will not be liable for any loss of the money held in any account or for any other loss or damage incurred or suffered by any Client or Therapist as a result. In certain circumstances we may be able to make a claim under the Financial Services Compensation Scheme (FSCS) in respect of money held in respect of these arrangements and each relevant Client and Therapist agrees that we may disclose any necessary or relevant information to the FSCS in connection with any such claim.
18. Ownership, use and intellectual property rights
18.1. Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
18.2. The Website, App and all Intellectual Property Rights in the Website and App are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms, the App and the Website. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
18.3. Our status (and that of any identified contributors) as the authors of content on the App and Website must always be acknowledged.
18.4. You must not use any part of the content on the App or Website for commercial purposes without obtaining a licence to do so from us or our licensors.
18.5. If you print off, copy or download any part of the App and Website in breach of these terms, your right to use the App and Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
18.6. The rights which you licence to us are specified under the heading “Rights you licence” below.
18.7. Nothing in these terms grants you any legal rights in the App or Website. You agree not to adjust to try to circumvent or delete any notices contained on the App or Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the App or Website.
18.8. The use of any trade marks on the App or Website is strictly prohibited unless you have our prior written permission.
19. Rights you license
19.1. In the event that you are able to upload or post content to any open part of the App or Website, when you upload or post such content, you grant the following licences:
19.1.1. to us, a worldwide, non-exclusive, royalty-free, transferable, indefinite licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the content via the site and otherwise in connection with the our business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels; and
19.1.2. to each user of the App or Website, a worldwide, non-exclusive, royalty-free licence to access your content through the App or Website, and to use such content to the extent permitted by the functionality of the site and under these terms and for the purposes of considering or engaging upon a possible commission of or contact with you.
19.2. The above licences granted by you are perpetual and irrevocable.
20. How we will use your personal information.
20.2. We will use the personal information you provide to us:
20.2.1. for the purposes of your use of the App and/or Website and/or Services;
20.2.2. to process any payment to you or from you;
20.2.4. if you agreed to this during the account opening process or otherwise, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
21. Complaints and disputes
21.1. We hope that you are happy with our Services, the App and the Website. However, in the event that you would like to raise any issue or provide us with feedback, please do contact us on the details provided in our contact section. In order to resolve the matter effectively and satisfactorily, please get in touch as soon as possible.
21.2. When contacting us, please provide as much information as possible. The more information you provide, the quicker we can address the matter.
21.3. These terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
21.4. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
22. Ending your relationship with us
22.1. These terms will continue to apply until terminated by either you or us as set out below.
22.2. If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time or (b) by closing your Therapychat account which can be done through our Website or by deleting the App from your smartphone.
22.3. On the closure of your Therapychat account, your subscription will not renew the next calendar month.
22.4. We may at any time terminate forthwith our legal agreement with you:
18.104.22.168if you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
22.4.2. if we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
22.4.3. if we are no longer able to offer access to the App or Website to users in the country in which you are resident or from which you access the site; or
22.4.4. if the provision of the App or Website is, in our opinion, no longer commercially viable; or
22.4.5. under the terms of the independent contractor agreement entered into with each Therapist; or
22.4.6. on giving you 30 days written notice.
22.5. When these terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely (including without limitation licences which you provide), shall be unaffected by this cessation.
23. Rights of third parties
No one other than a party to these terms has any right to enforce any of these terms.
We would be happy to hear from you if you have any comments, suggestions or queries. Please contact us at firstname.lastname@example.org
ACCEPTABLE USE POLICY – THERAPYCHAT
1.1. This acceptable use policy sets out the terms between you and us under which you may access our website https://therapychat.com (our Website ) and mobile application “Therapychat” (our App ) (together the Sites ). This acceptable use policy applies to all users of, and visitors to, our Sites.
1.2. Your use of our Sites means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions. If you do not agree with these terms, you must not use our Sites.
1.3. The Sites are operated by Altania de Mar S.L (trading as Therapychat) (“we”, “us” or “our”), a company registered in Spain with company number B-83082347 and its registered office at Paseo de la Castellana, 259D, Plant 43, 28046, Madrid.
1.4. We may amend these terms from time to time. Every time you wish to use our Sites, please check these terms to ensure you understand the terms that apply at that time.
2. Prohibited uses
2.1. You may only use our Sites for lawful purposes. You must not use our Sites:
2.1.1. In any way that breaches any applicable local, national or international law or regulation.
2.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.1.3. For the purpose of harming or attempting to harm minors in any way or if in an emergency or harming oneself.
2.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
2.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
2.1.6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2. You also agree to not :
2.2.1. Reproduce, duplicate, copy or re-sell any part of our Sites in contravention of the provisions of our terms and conditions.
2.2.2. Access without authority, interfere with, damage or disrupt:
(a)any part of our Sites;
(b)any equipment or network on which our Sites are stored;
(c)any software used in the provision of our Sites; or
(d)any equipment or network or software owned or used by any third party.
3. Interactive services
3.1We may from time to time provide interactive services on our Sites, including, without limitation:
3.1.1. Chat rooms.
3.1.2. Bulletin boards.
3.1.3. Review/comment features.
3.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.3. We will do our best to assess any possible risks for our users from third parties when they use any interactive service provided on our Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
3.4. The use of any of our interactive services may not be used by a minor.
3.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4. Content standards
4.1. These content standards apply to any and all material which you add to our Sites, and to any interactive services associated with it.
4.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any content you post as well as to its whole.
4.3. Content must:
4.3.1. Be owned by or licenced to you and you must have all necessary permissions and licences.
4.3.2. Be accurate (where they state facts).
4.3.3. Be genuinely held (where they state opinions).
4.3.4. Comply with applicable law in the UK and in any country from which they are posted.
4.4. Contributions must not:
4.4.1. Contain any material which is defamatory of any person.
4.4.2. Contain any material which is obscene, offensive, hateful or inflammatory.
4.4.3. Promote or include sexually explicit material.
4.4.4. Promote violence.
4.4.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
4.4.6. infringe any copyright, database right or trade mark of any other person.
4.4.7. Be likely to deceive any person.
4.4.8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
4.4.9. Promote or involve any illegal activity.
4.4.10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
4.4.11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
4.4.12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4.4.13. Give the impression that they emanate from us, if this is not the case.
4.4.14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. Suspension and termination
5.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
5.2. Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our Sites, and may result in our taking all or any of the following actions:
5.2.1. Immediate, temporary or permanent withdrawal of your right to use our Sites.
5.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Sites.
5.2.3. Issue of a warning to you.
5.2.4. Legal proceedings against you for reimbursement of all our costs and any losses we may have on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5.2.5. Further legal action against you.
5.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.2.7. Forfeiture of any sums due to be paid to you and/or as the case may be any sums which you have paid to us or to our payment provider.
5.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6. Governing law
6.1. If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
6.2. If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.