Terms And Condition

1.   General

Please read these terms and conditions carefully before using the Someone To Talk To platform comprising the https://www.someonetotalkto.online/ website and any other website and or application which operates on smartphones that is provided the (“App” or “Platform”) and operated by Someone To Talk To (“We”, “Us”, “Our”, “Ours”), a company registered in England and Wales under company number 13606463, registered office 102 Bressey Grove South Woodford, London, England, E18 2HX.

Subject to these Someone To Talk End User Terms & Conditions (Our “Terms”) together with Our Fair Use Policy and Our Privacy Policy confirms the basis on which End Users, also referred in these Terms as “You”, “Your” and or “Yourself”) are permitted to access the Someone To Talk To Platform and make use of Our “Platform”, “Products”, “Practitioners” and “Services”.  If You do not agree to being bound by Our Terms then, please immediately stop using the Platform and Services in any manner. By continuing to use the Platform You are entering into a binding commitment between You and Us confirming (i) You have, read, understand, and agree to be bound by these Terms; (ii) that You are of legal age to be bound by these Terms; and (iii) You have the authority to enter into these Terms on a personal basis or on behalf of the legal entity that You have bound to these Terms.

Please note that You should not place reliance upon or use Our Platform, Products, Practitioners and/or Services in replacement of any emergency services requirements, this includes medical emergency services and any safeguarding emergency services.  If You need urgent help then please immediately call the relevant medical or other emergency services response number.  

These Terms are issued and should be read in conjunction with the Someone To Talk To Fair Use Policy (https://www.someonetotalkto.online/) and Someone To Talk To Privacy Policy (https://www.someonetotalkto.online/privacy-policy).

If You have any questions, comments, or concerns regarding these terms or the Platform, Products, Practitioners and or Services, please contact Us at https://www.someonetotalkto.online/.

2.   Apple and Google’s Terms also apply

Our Platform will only be available through the Apple and Google (Android) website in such countries as Your employer has agreed with Us, but excluding countries where the Platform is unavailable due to technical, legal or political reasons. You warrant and represent that You shall not access Our Platform in a manner that circumvents local market restrictions by using a Virtual Private Network (VPN) or any other method.

3.   Our Services 

·       Premium Services – Where You are using Our Premium Services, Our Practitioners who are qualified and regulated in each service area are registered with their respective professional body and governed under the CQC to provide You with medical advice which may include the diagnosis and treatment of any disease, disorder or injury. This may include, recommending testing, advising You on test results and, in connection with Our Menopause and Women’s Health services only – writing prescriptions for medication (where included as a Service which We have agreed to provide with Your employer) or suggesting that You discuss a potential prescription with Your healthcare provider.

·       Global Services – Our Global Services are intended to be supplementary to any healthcare You receive and are not a substitute for a primary care physician, obstetrician, pediatricians, or any other medical service provider (e.g. Your General Practitioner). This means that Someone To Talk To and Our Practitioners will not diagnose or offer treatments for any disease, disorder or injury in those areas. But, You shall have access to written guidance, support and information through articles and other content made available on the Platform which may be supplementary to and in addition to You receiving medical advice from an external healthcare provider, such as, Your local General Practitioner. You may be given access to Our Automated Health Concierge Service that helps navigating available resources on Our Platform.

4.   Prescription Services (Menopause and Women’s Health Premium Services within the United Kingdom Only)

 Where Our Practitioners recommend that You discuss a specific prescription with Your usual healthcare provider:

1.    You will be solely responsible for arranging such appointments as are necessary with Your healthcare provider. In this instance, Your healthcare provider shall be responsible for carrying out an independent assessment of Your needs and shall make their own decision at their sole discretion as to which prescription (if any) they wish to make. Someone To Talk To and Our Practitioners are not responsible for any acts, omissions, incorrections or mistakes which relate to any prescriptions written by a third party. If a third party healthcare provider offers an opinion or recommendation which is different to what You have received from Someone To Talk To or Our Practitioners, this does not mean that Our services are faulty or incorrect, as healthcare experts will have differing opinions from time to time.

Where Our Practitioners write a prescription for You:

1.    Please be aware that You will be responsible for paying any additional costs directly to any pharmacy who fulfils the prescription. By writing a prescription, Someone To Talk To and Our Practitioners cannot guarantee that the prescribed medicine will be in stock and We and Our Practitioners shall not be liable for any acts, omissions, errors or mistakes in connection with the administering of such drugs by any pharmacy. We also accept no liability for any acts, omissions, errors or mistakes in connection with prescribed drugs or packaging itself for example, being contaminated, damaged or faulty. Someone To Talk To acts independently of pharmacies and will not be able to assist with any refunds or returns and You will need to contact the pharmacy directly.

2.    In addition to the above, Our Practitioners are only able to offer prescription services to individuals who are based and reside in the United Kingdom and cannot offer a prescription consultation unless you are based in the United Kingdom. If You are not based in and reside in the United Kingdom, You shall notify the Practitioner immediately and prior to the prescription being issued to You. Someone To Talk To and Our Practitioners will not be responsible if You provide any false or inaccurate information which could affect the prescription being written or recommended by Our Practitioners. In order for Our Practitioners to write a prescription, they may require You to upload a copy of Your passport and proof of address. The Practitioner will notify You if this is required and Your ID documents shall be handled in accordance with Our Privacy Policy. If You have any questions or concerns surrounding Our processing of Your ID documents for this purpose, please contact info@someonetotalkto.online. If You fail to provide satisfactory copies of Your ID documents for this purpose, Our Practitioners may not be able to issue any prescription to You.

3.    Where Our Practitioners have issued a prescription for you, You agree:

 ·       that any information which you have provided to Our Practitioner shall be true, accurate and complete, and you shall notify the Practitioner immediately if any information changes either before or during the course of you, or the person names on the prescription, taking the prescribed medicine;

·       that only You, or the person named on the prescription, shall consume or use the drugs;

·       that You, or the person named on the prescription, shall follow the instructions provided by Our Practitioner when issuing the prescription; and

·       to seek immediate medical help from Your usual healthcare provider if You or the person named on the prescription experiences any adverse side effects or reactions to the medicine prescribed (other than in the case of an emergency where You shall seek emergency medical help).

Notwithstanding any other terms, Our Practitioners shall have the right to refuse to issue or recommend a prescription in their absolute sole discretion and, just because Our Practitioner issued or recommended a prescription to You previously, shall not mean that they have to issue or recommend any or the same prescription again.

               5.   Using Someone To Talk To 

To use the Services, You first need to register on the Someone To Talk To website and create an account (“End User”) account.  When registering, You are obligated to provide Us with certain information, such as Your name, date of birth, details of Your registered general practitioner and local surgery etc.

If You reside in a jurisdiction that restricts the use of the Services because of age, legal, religious, or moral views prevalent in such jurisdictions or restricts the ability to enter into contracts such as this one, e.g., due to age, You must abide by such age limits and You must not use the Services if precluded from doing so.  You represent that You are of legal age to enter into a binding contract.

If You download or stream the Platform onto any phone or other device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not You own the phone or other device. If You sell any device on which the Platform is installed, You must remove the Platform from it.

Unless otherwise specified in writing, the Services are for Your personal and non-commercial use.

6.   Vitality members only (please disregard this section unless You are using Someone To Talk To through Your Vitality Membership)

Please note that for administrative purposes only, We will notify Vitality that You have registered an End User Account with Us. We will not share any of Your Special Categories of Personal Data with Vitality without Your specific authorization. For example, We will never share any information that You may exchange with a Practitioner or disclose any reasons why You may have accessed the Platform, or any Special Categories of Personal Data that You may upload to the Platform. Further reassurance relating to this matter is included in Vitality’s Member Zone. If You have any further concerns regarding this matter then please email https://www.someonetotalkto.online/.

7.   Intellectual Property Rights

The Services and Platform, including, without limitation, the Application, content, metadata, design, organization, compilation, look and feel, the source, object, and HyperText Mark-up Language (“HTML”) code and all other protectable intellectual property available through the Services and Platform (the “Proprietary Materials”) are the property of Someone To Talk To or the property of Our licensors and are protected by copyright and other intellectual property laws.  All rights regarding the Proprietary Materials not expressly granted in these Terms are automatically on creation reserved by Someone To Talk To .

Unless You have Our written consent, You may not copy, reproduce, sell, publish, distribute, display, re-transmit or otherwise provide access to the Proprietary Materials to anyone.  You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials.  You agree not to create, scrape, or display Our content for any purpose other than Your legitimate use of the Platform as licensed herein.  You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without Our written consent.

When using Our Automated Health Concierge Service through Our Global Services, You agree that all information and content which You enter or upload to the Automated Health Concierge Service (“Inputs”) shall be owned by You, and any results or information which You receive from the Automated Health Concierge Service (“Outputs”) shall be owned by Us or the third-party provider of the Automated Health Concierge Service to the fullest extent permitted by law. Where this is not legally possible, You hereby agree to assign all rights and interest in the Outputs to Someone To Talk To and the third-party Automated Health Concierge Service. You also grant Us and Our licensors a worldwide, non-exclusive, irrevocable, perpetual, royalty free, license to use, store, reproduce, use, publish, and publicly display, modify, and create derivative works of the Inputs for the purposes of operating, providing, improving, troubleshooting, and debugging Our Services (for example, Your acceptance or rejection of suggestions may help train Our suggestion engine); protecting Our Services (for example, to analyses patterns in usage to prevent abuse); customizing Our Services (for example, to create personalized suggestions for You); and/or developing new services or features. The license You give Us also permits Our service providers to assist Us in doing this. Someone To Talk To does not own, control, verify, or endorse Inputs or Outputs. You are responsible for all of Your Inputs and Outputs, and for checking the accuracy and relevance of any Outputs received.

8.   License

Subject to Your compliance with these Terms, the Someone To Talk To Fair Use Policy and the Someone To Talk To Privacy Policy, together with the scope and duration of Your Subscription, Someone To Talk To grants to You a limited, fully revocable, personal, non-exclusive, non-transferable and non-sub licensable right and license to use the Services which Your employer and Someone To Talk To have agreed that Someone To Talk To shall provide to You pursuant to a separate legal contract.

9.   Changes to Terms

We are constantly trying to improve Our Services, so We reserve Our rights to update these Terms and the content of the Services at any time and publish the most recent copies of Our Terms and Services on Our Platform without prior notice to You.  If You do not agree with Our new Terms, You are free to reject them; which unfortunately, will end Your rights to use the Platform and the Services.  If You use or access the Services in any way after a change to the Terms is effective, that means You agree to all of the changes.  Except for changes by Us as described here, no other amendment or modification of these Terms will be effective.

From time to time We may automatically update Our Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the Platform on Your device for these reasons.

If you choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the Platform and the Services.

The Platform will always work with the current or previous version of the operating system (as it may be updated from time to time).

10.   Complaints

You can give Us feedback on Our Services by emailing Us on https://www.someonetotalkto.online/.

If You wish to provide feedback or complain about Our Services, We would like to resolve Your concerns as soon as possible.  Please tell Us about Your complaint as soon as You can so that We can respond promptly. 

If You wish to make a formal complaint about Our Service, please email Us on https://www.someonetotalkto.online/.  We may ask You for certain details about You and Your complaint in order to address it and ask for Your prompt co-operation in seeking to resolve Our differences quickly.  We will tell You the outcome of Our investigation into Your complaint and give You the chance to discuss it with Us.  If We have done something wrong, We will apologise to You and seek amicable resolution. 

If You are in any way dissatisfied about how We process Your personal information, You have a right to lodge a complaint with the UK Information Commissioner’s Office (ICO).  

11.   Term, Termination and Cancelling Your Services

These Terms will commence on the date You initially set up Your End User account.   If You wish to terminate Your End User account You may do so by going to the Settings icon on the “Discover screen”, select “Legal & Privacy” and click “Delete Your Account”. 

We may terminate these Terms and/or suspend Your End User account upon notice to You, if You breach any material term herein, or if We are required to do so by law (e.g., where the provision of the Platform or the Services is or becomes unlawful). You agree that all terminations for cause shall be made at Someone To Talk To absolute sole discretion and that Someone To Talk To shall not be liable to You or any third party for any termination of Your End User account. 

Termination of any Services may include temporary suspension or permanent deletion of Your End User account together with any and all related information, files, and content associated with or inside Your End User account.  Upon termination of any Services, Your right to use such Services will automatically terminate immediately.  You understand that termination of Services may involve deletion of Your information and content in Your End User account.  All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitation of liability.

12.   Other important information

The Platform and the Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of the Platform and the Services (as described on the website) meet Your requirements prior to use. You are responsible for determining Your suitability to be an End User of the Platform and the Services and confirm that only You can determine whether a physical or medical examination should be undertaken prior to using the Services in any capacity.  You acknowledge that You are solely responsible for all aspects of Your health and wellbeing before, during and after Your use of the Services.

13.   General Disclaimers

1.    Our Services are provided “as is, as available”. You agree that Your access to and use of the Services, Practitioners and the content is made available on an “as is, as available” basis and Someone To Talk To specifically disclaims any representations or warranties expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose and non-infringement. Someone To Talk To does not warrant or make any representations regarding the use or the results of use of the Products, Services, offerings, content, and materials made available through the Platform and the Services, including without limitation the availability, use, or results of the Services provided by a Practitioner.

2.    Our Global Service is for information purposes only. It is important to understand that the Global Services do not include the provision of medical advice by Us or Our Practitioners. You should not change any treatment or care plan, medication or therapy based on information You received through the Global Services without speaking directly to Your usual healthcare provider.  Content and information made available via the Global Services is supplementary to any treatment or care provided by Your healthcare provider and should not replace regular medical visits with Your healthcare provider. Always seek advice from Your physician or other qualified health care practitioner regarding Your medical condition or the use (or frequency) of any medication or medical device.

3.    Our Automated Health Concierge Services strives to provide accurate and reliable results, but we cannot guarantee the accuracy or completeness of the information provided. Our Automated Health Concierge Service helps You navigate available resources on Our Platform through use of artificial intelligence (AI) technology. Due to the nature of machine learning, use of Our Automated Health Concierge Services may in some situations result in incorrect Outputs that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for Your use case, including by using human review of the Output, including seeking advice and guidance from Your usual healthcare provider. Someone To Talk To will not be responsible for any damage, loss, or harm caused by the use of the Automated Health Concierge Service, including any inaccuracies or inconsistencies in the results generated by the technology. Someone To Talk To makes no warranties or representations, express or implied, regarding the use or results of the Automated Health Concierge Service technology, including without limitation any warranties of accuracy, reliability, completeness, merchantability, or fitness for a particular purpose. You assume full responsibility for Your use of the technology and any results generated. To the fullest extent permitted by law, Someone To Talk To shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Automated Health Concierge Services.

4.    Someone To Talk To Practitioners do not provide emergency services, including medical emergency services and safeguarding emergency services. Never disregard professional emergency help or medical advice or delay in seeking it because of something You have read in connection with Our Services.  Always consult with Your healthcare professional if You have any questions or concerns about Your health or condition or experience any changes in Your condition or health status. If you have any concerns relating to your safety or wellbeing, please contact the emergency services without delay.

5.    Our Services may be dependent on You consulting your healthcare provider. You may be advised by a Practitioner to consult Your GP either prior to or during a course or programme or at any time when using Our Services. Continuation of a course or programme or use of Our Services may depend upon You undertaking this. You should always seek the advice of Your GP or other qualified health provider with any questions You may have regarding a medical condition.

14.  Disclaimer relating to recipes on the Platform. Your dietary needs and restrictions are unique to You. You assume full responsibility for consulting a qualified health professional   regarding health conditions or concerns, and before starting a new diet or health program. The writers and publishers of Our Platform are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or hereafter. Whilst We make every attempt to ensure that the labelling of the recipes and ingredients accurately lists all of the ingredients used, We cannot guarantee that any ingredient You may choose is free from any allergen trigger. You are reliant on the representations and warranties made by the manufacturer and the safe handling, labelling and preparation of that particular ingredient as well as the source. If You or a third party has any sensitivities or allergies to any listed ingredients, You or they should not consume or prepare these products or recipes or should consider an alternative ingredient. Our recipes are suggestions only. Should You or anyone third party, develop any symptoms or allergic reactions, You or they should discontinue use immediately and contact their medical professional. 

15.   Disclaimer relating to nutritional information on the Platform. Someone To Talk To occasionally offers nutritional information or content for recipes contained on Our Platform or through courses or programmers. Although Someone To Talk To attempts to provide accurate information, this information is provided as a courtesy and is an estimate only. Varying factors such as product types or brands purchased can change the nutritional information in any given recipe. Other factors may change the nutritional information and different online calculators can provide different results. To obtain the most accurate representation of the nutritional information in any given recipe, You should calculate the nutritional information with the actual ingredients used in Your recipe. You are solely responsible for ensuring that any nutritional information obtained is accurate. Under no circumstances will Someone To Talk To or its Practitioners be responsible for any loss or damage resulting from Your reliance on nutritional information given though the Platform.

16.    Disclaimer relating to workouts, fitness and weight management information on the Platform. Some fitness or other activities may not be appropriate for all individuals and You agree that you have assessed Your risk of injury depending on Your physical circumstances. Someone To Talk To recommends that You obtain medical clearance from Your healthcare provider before participating in or attempting any exercise or fitness activity, particularly when recovering from injury, illness or other condition. Someone To Talk To and its Practitioners shall not be liable for any injury sustained by You where You have failed to obtain the appropriate clearance by Your GP to participate in any activity. Complementary courses and programmers provided by Someone To Talk To are intended to work side by side with conventional treatment where it is required. Someone To Talk To and Our Practitioners may give information, content, courses or programmers for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Although We and Our Practitioners will be as supportive and helpful as possible in all decision making and change processes, any resulting choices and changes made by You remains Your personal and legal responsibility. Weight loss results can vary depending on the individual. The information, content, courses and programmers, including but not limited to, text, graphics, images and other material, contained on the Platform and/or as part of the course materials is for educational purposes only. There is no guarantee of specific results and results may vary as causes for being overweight or obese vary from person to person. No individual result should be seen as typical. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person.

17.    Disclaimer relating to therapeutic information (e.g. Cognitive Behavioral Therapy) on the Platform. Complementary therapies and any information, content, courses or programmers provided through the Platform are intended to work side by side with conventional treatment where it is required. No one can guarantee specific results, and Someone To Talk To and Our Practitioners shall not be liable to You or any third party where such therapy has not provided the expected result. Someone To Talk To and Our Practitioners may give information or guidance for You to consider that could bring about positive results where You are motivated to change and in conjunction with proper medical support if required. Although We and Our Practitioners will be as supportive and helpful as possible in all decision making and change processes, any resulting choices and changes made by You remain Your personal and legal responsibility. In order to affect a change, CBT, counselling, coaching and mindfulness require commitment and honesty from You.

18.   Limitation of Liability

We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these terms, both We and You knew it might happen.

We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When We are liable for damage to Your property. If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.

We are not liable for business losses. The Platform is for domestic and private use. If You use the Platform for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, loss of business opportunity or wasted expenditure.

We are not responsible for events outside Our control. If Our provision of the Services or support for the Platform or the Services is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your contract with Us.

19.   Other Terms

1.    You may not assign, delegate, or transfer these Terms or Your rights or obligations hereunder, or Your Account, in any way (by operation of law or otherwise) without Someone To Talk To prior written consent.  Someone To Talk To may assign its rights and obligations under these Terms.  These Terms will inure to the benefit of Someone To Talk To successors, assigns, and licensees.

2.    The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

3.    Entire Agreement. These Terms and the documents referred to in them constitutes the entire agreement between Us and You with respect to the subject matter contained in these Terms and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter.  No amendments, modifications or waivers to these Terms shall be valid unless in writing and accepted or signed by Someone To Talk To.

4.    If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

5.    Third Parties. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries.  Accordingly, these Terms may only be invoked or enforced by You or Us.

6.    Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, disclaimers, limitation of liability and governing law.

7.    Governing Law and Jurisdiction. These Terms and all documents referred to within them, are governed by English law and subject to the exclusive jurisdiction of the English courts.