CONDITIONS OF USE

TALA THRIVE("TT")

Welcome to Tala Thrive. These general terms and conditions of use of the Platform (“Conditions of Use”) apply to any access and any use of the TT Platform by non-professional users who are strictly over 18 years of age. (the “User(s)”).

Each User is required to read the Conditions of Use before using and registering on the Platform. The Conditions of Use must be accepted by the User to use the Services offered on the Platform. It is strictly prohibited for any person under 18 years of age to access or use the TT Platform.

SERVICES OFFERED ON THE PLATFORM

TT offers on its Platform teleconsultation services by video call (“Services”) provided by therapists and coaches of TT (“Service Providers”) under Conditions of Use set out below.

When the teleconsultation service is provided by an external provider, TT only acts as a provider of a matchmaking service. It does not intervene in any way in the contractual relationship formed between the User and the Service Provider.

PRESENTATION OF THE PLATFORM

Access to the Platform

The Platform is accessible free of charge to Users with an internet connection, unless otherwise stipulated. All costs, whatever they may be, relating to access to the Platform are the sole responsibility of the User, who is solely responsible for the proper functioning of their computer equipment as well as access to the Internet.

Platform Availability

TT does its utmost to provide the User with access to the Platform on 24 hours a day, 7 days a week basis.

TT may, in particular, at any time:

suspend, interrupt or limit access to all or part of the Platform, reserve access to the Platform, or certain parts of the Platform, to a specific category of Users;
delete any information that could disrupt its operation or contravene national or international laws; and/or
suspend or limit access to the Platform in order to carry out updates

Registration on the Platform

The consultation of the Services offered on the Platform is free and open. However, access to the teleconsultation Service requires the creation of an account on the Platform by the User.

To create an account on the Platform, Users must be at least eighteen (18) years old.

When registering, the User must complete the required fields. Users are required to provide accurate and truthful information. If a User’s circumstances change, they must update their account on the Platform or inform TT by e-mail support@talathrive.com as soon as practicable.

Users are personally responsible for any action carried out through their User account. User accounts are personal and can only be used by the Users who created them. User accounts cannot be transferred to a third party. Users are personally responsible for the information they provide in or through the Platform.

By creating an account on the Platform, the User accepts these Conditions of Use by checking the box provided for this purpose, applicable at any time, which are accessible on the Platform.

Users must provide their first name, surname, email address and a password and/or through Google or Facebook when registering on the Platform. All personal data and passwords are personal to the User and should be kept confidential.

Users are solely responsible for their usernames and passwords. Users must inform TT, without delay, if they notice a security breach that may involve the disclosure of their username and/or password, so TT can take any appropriate measures to have the problem remedied. TT will then deactivate the User’s account and send the User a link to reset their password by email to the address in their User account.

Unsubscribe from the Platform

Users can unsubscribe from the Platform at any time by requesting the deletion of their account by email tosupport@talathrive.com.

The User acknowledges that unsubscribing from the Platform will result in the deletion of all of their personal data and content on the Platform, with the exception of data that must be kept by TT for legal or regulatory reasons.

The User may, however, create a new account at any time by repeating the Platform registration procedure.

In the event of inactivity on the User’s account for a period of 2 years, TT may also delete said account subject to fourteen (14) days’ notice sent by email to the User.

TELECONSULTATION SERVICE

Nature of the Teleconsultation Service

The teleconsultations carried out by the Service Providers and offered to the Users on the Platform correspond to a level of psychological care that is not equivalent to the medical level provided by a health centre or any similar establishment.

TT does not offer Services requiring specialised expertise in psychiatry. Consequently, if the Service Providers detect the need to provide such psychiatric care to a User, the Service Provider may interrupt the Services and encourage the User to seek more appropriate care.

Presentation of the Teleconsultation Service

The User can book a teleconsultation on the Platform with the Service Provider for a specific date and time. The identity of each Service Provider, their areas of intervention and their availability are described in a description allowing the User to select the Service Provider they wish to book with.

With the exception of cases where the Service Provider is an employee of TT, the User acknowledges, accepts and agrees that TT acts only as an intermediary for setting up and hosting the teleconsultation and taking online payment from the User.

Conditions of Access to the Teleconsultation Service

Users will only be able to access the Teleconsultation Service if they have the following equipment:

a mobile phone or tablet with a camera and microphone in good working order
an internet connection with sufficient speed and bandwidth.

Otherwise, the teleconsultation cannot be carried out and the User must make a new reservation and have suitable equipment available. The teleconsultation fee will not be refundable in the event of malfunction of the User’s equipment or Internet connection during the teleconsultation.

The costs of the equipment and connections necessary to access the teleconsultation service are the sole responsibility of the User.

Booking a Teleconsultation

The reservation is confirmed by the User once the User has selected a date/time for the booking, paid in full and payment has been received by TT for the relevant teleconsultation.

Procedure:

The User creates a personal account or connects to their account by following the instructions displayed on the screen. All fields must be completed to complete registration and reservations. Registration and connection to the User’s personal account is a mandatory prerequisite for any teleconsultation reservation.
The User consults the teleconsultations offered by the Service Providers, their areas of specialisation and price offered on the Platform.
The User chooses the Service Provider, the date, the time, and indicates the reason for the teleconsultation. For any difficulties encountered or for any questions, the User can contact TT customer service by email support@talathrive.com .
Before confirming the reservation, the User must check the content of the reservation as well as its total price and corrects any errors that may have occurred.
The User accepts the Conditions of Use upon creating a User account.
The User validates their reservation upon making payment in full in advance.
The User will be redirected to an approved payment platform and proceed to the payment of their teleconsultation.
The User will receive an email confirming their reservation summarising the details of their teleconsultation (“Reservation”).

Reservation Confirmation

Confirmation of the Reservation expresses the User’s final acceptance of the prices and details of the reserved teleconsultation.

Following the finalisation of the Reservation, the User will receive by email a summary of their payment and the reserved Reservation teleconsultation.

TT reserves the right to refuse a teleconsultation reservation if the User has not fully or partially settled the costs of a previous teleconsultation or where a payment dispute is in progress.

Proof of Transaction

The computerised registers, kept in TT’s computer systems under reasonable security conditions, will be considered as proof of communications, reservations and payments made on the Platform.

It is expressly agreed, barring a manifest error on the part of TT, data stored in its information system has probative force regarding reservations made by the User.

When confirming the Reservation online, the User will obtain a reservation number and summary, constituting proof of their reservation. Users can also find the history and of their teleconsultation bookings and payments in their User Area.

Cancellation or modification of the Reservation

A reserved teleconsultation can be cancelled by a User free of charge up to 48 hours before the teleconsultation start time. If a reserved teleconsultation is cancelled within the timeframe indicated above, the payment made for the cancelled teleconsultation will be refunded to the User, via the original payment method, within fourteen (14) days. If cancellation is less than 48 hours before the teleconsultation start time then the User will be charged in full and no refund will be provided.

Users are not entitled to a refund of the costs of a cancelled teleconsultation, if the cancellation is made less than 24 hours before the time at which the teleconsultation was scheduled.

If there is a cancellation of the teleconsultation by the Service Provider, the sums paid by the User will be refunded to the User, via the original payment method, within fourteen (14) days.

Any modification of the teleconsultation requires a new reservation by the User.

Conduct of Teleconsultation

Users are invited to connect to the teleconsultation from their personal space, a few minutes in advance to check the quality of their internet connection.

The teleconsultations are carried out by the Service Providers completely independently and under their sole responsibility. All Service Providers are required to comply with the ethical and legal obligations applicable to them, including those to which they are subject under any body by which they are regulated.

The teleconsultations offered on the Platform can in no way replace a diagnosis, a medical consultation, or treatment by a psychologist. Given the technical design of the Service and the Platform, the teleconsultation Service is limited to certain specific types of treatment. These are indicated on the Platform at all times.

PRICE AND PAYMENT

Teleconsultation Rates

Teleconsultations are provided at the rates set on the Platform. The prices are indicated in British Pounds Sterling (£), excluding taxes which shall be the VAT applicable on the day of the reservation.

Payment

Payments for teleconsultation Services must be made in full by credit card or other approved method (as stated on the Platform) from TT on the day of the reservation, and in any event before the teleconsultation.

Payments made by the User will not be considered final until TT has actually received the amounts due. A receipt for payment will be sent to the User by email.

Payment Terms applicable to Companies

TT offers specific offers to companies wishing to offer the Services to its employees. The pricing and payment conditions for these Services are detailed in the special conditions sent by TT and accepted by the company. By accepting these special conditions, the company is committed to communicating these Conditions of Use to its employees using the Services.

LIMITATION OF LIABILITY

The User acknowledges that the Services offered by TT are limited to the provision of the Platform to enable access to teleconsultations.

Service Providers are and remain solely responsible for fulfilling their obligations to the User under the contract between the Provider and the User, to which TT is not a party.

To the extent permitted by law, TT’s liability is limited to the accessibility, content, use and proper functioning of the Platform under the conditions set forth herein.

TT accepts no responsibility for any loss or damage experienced by a User or a third party as a result of:

use by the User of the Platform contrary to its purpose;
due to the use of the Platform or any service accessible via the Internet;
due to non-compliance by the User with these Conditions of Use;
loss of internet connectivity;
the occurrence of technical problems and / or a cyber-attack affecting TT or the Platform, any premises, facilities and digital spaces, software, equipment belonging to or placed under the responsibility of the User.

INTELLECTUAL PROPERTY RIGHTS

All copyrights, proprietary rights and other intellectual property rights in TT’s trade marks, company name, Platform and all materials used and / or provided by TT on the Platform belong to TT.

Any copying, modification, transfer and/or other use of TT materials that is not expressly authorised in writing by TT is strictly prohibited. The User acknowledges, accepts and agrees unauthorised use of TT’s intellectual property rights constitutes a material breach of these Conditions of Use. In particular, the User is prohibited from reproducing, adapting, modifying, transforming, translating, publishing and communicating in any way, directly and/or indirectly, any element of the Platform.

This stipulation shall survive termination and will apply even after these General Terms and Conditions of Use between TT and the User have ceased to apply.

PROTECTION OF PERSONAL DATA

The provisions relating to the processing of the User’s personal data appear in TT’s personal data protection policy, accessible from all pages of the Platform and at the following address: TT - Privacy Policy - Google Docs

UNAUTHORISED USE

TT takes seriously any unauthorised use of the Platform and User accounts in violation of these Conditions of Use and/or TT’s policies applicable at all times including, but not limited to, data processing, security and ethics. For example, it is forbidden to film teleconsultations with the Service Providers or to distribute information available on the Platform by any means whatsoever.

TT reserves the right to remove information from the Platform, to terminate the User account in accordance with the termination provisions of these Conditions of Use, to take other measures due to violation of the Conditions of Use by the User or to protect the reputation of TT, Platform and/or protect it from inappropriate use.

TT reserves the right to take any legal action it deems appropriate against unauthorised use of the Platform or User accounts, including, without limitation, requiring the User to compensate and indemnify TT for all damages so caused to TT (including, but not limited to, legal representatives’ fees, associated legal costs and all third party claims).

DURATION OF THE AGREEMENT

These Conditions of Use, as may be updated from time to time, shall apply from their acceptance by the User, for the duration of the User’s use of the Platform and/or the Services or closure of their account by TT under the termination provisions below.

TERMINATION

Each User has the right at any time to terminate their account with immediate effect. In the event of termination, TT will delete all information relating to the User on the Platform, with the exception of data which it is legally obliged to keep.

TT is entitled to terminate the User’s account in the event of a breach by the User of these Conditions of Use. In the event of termination, the User’s account will be deleted and these Conditions of Use automatically cease to apply, with the exception of clauses intended to survive them. Information about the User that is stored on the Platform will be promptly deleted with the exception of information that TT is legally required to retain.

Users whose accounts have been deleted in accordance with this section are not permitted to re-register or create a new account on the Platform without the express written permission of TT.

CHANGE OF TERMS OF SERVICE

TT reserves the right to make changes to the Services offered on its Platform. When the development of new Services affects these Conditions of Use, the User will be informed of these changes on their account on the Platform and/or by e-mail and may be invited to consent to the modification of the Conditions of Use.

In the event of refusal of the new Conditions of Use, the User expressly acknowledges they will not be able to access the Services offered on the Platform.

ASSIGNMENT OF USER RIGHTS AND OBLIGATIONS

The User may not assign to a third party the rights and obligations they hold under these Conditions of Use.

WAIVER

Any delay by TT in enforcing its rights under these Conditions of Use shall not amount to a waiver of any of these Conditions of Use.

GOVERNING LAW AND JURISDICTION AND SETTLEMENT OF DISPUTES

These Conditions of Use are governed by English law and subject to the exclusive jurisdiction of the English courts.

LEGAL INFORMATION

The TT website (https://www.talathrive.com/) as well as the TT applications for Android and iOS (collectively, the “Platform”) are operated by:

TALATHRIVE LTD, a private limited company incorporated in England and Wales (Company Number 14703044) with its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“TT”).

If you have a complaint related to the Platform, Services or Service Providers, please contact us as soon as practicable in the first instance at support@talathrive.com and we will endeavour to respond to you within 30 days to resolve your complaint.