Therapists’ Staff Room Ltd
Terms and Conditions
1. Introduction
- Therapists’ Staff Room Ltd is an online community directory for mental health professionals.
- These terms and conditions govern the relationship between you, the advertiser, and us, the service provider, Therapists’ Staff Room Ltd.
- We can change these terms and conditions from time to time.
- By registering with us and paying for our services set out in the written description or specification we gave you (as the case may be), you are agreeing to keep to these terms and conditions.
You must keep to these terms and conditions, which may change from time to time. If you do not agree to keep to these terms and conditions, you should stop using our website and our services.
2. Other terms of use and definitions
- These terms of use also apply to your use of our site and can be found online on our website. Please follow the links below.
- Our cookie policy, which sets out information about the cookies on our site
- Our privacy notice, which sets out how we process your personal information
- Definitions
“Service(s)” means our service to list your product, service, or other offering onto our community directory.“Listing” means your advert on our community directory page(s) on our website. We may use the term listing and advert interchangeably and refer to you as the advertiser and us, the service provider.
“Community Directory” means the curated list of paid for listings of products, services and other offerings. The Community Directory exists online on our website www.therapistsstaffroom.co.uk
3. Basis of the contract
- Your order to appear in the directory is an offer from you to buy our services in line with these terms and conditions.
- Your offer will be accepted, and the contract between you and us will come into force, on the date we complete your order, which means we have accepted your order.
- The contract is the entire agreement between you and us. You must not rely on any statement, promise, assurance, guarantee or implied term (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) which is not set out in the contract as it will not be binding on us.
- Any illustrations, descriptions or advertising issued by us, and any descriptions or illustrations contained in our publicity material or on our site, are provided only to give guidance on our services. They do not form part of the contract or give us any legal obligation.
- These terms and conditions apply over any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or otherwise.
- Any quotation we provide is not an offer from us, and is only valid for 10 days from the date we issue it.
4. Our Services
4.1 Specific to your listing:
- Your listing on this site will appear in the order it was purchased. Your listing will be removed after your chosen advertising period has been completed. This removal of the listing will happen automatically and you will not receive a notification for this.
- Any unlawful or inappropriate content may be removed without notice to you.
- Before your listing is published it will be need to be verified. Please allow up to 5 working days for the verification period. Your advertising period will begin on the date upon which your listing is published. You will not receive a notification of the publication, but will be able to view your listing online. If your listing includes unlawful or inappropriate material, parts of the listing or the entire listing may not be published.
4.2 General:
- The services we provide to you will, in all significant or relevant ways, be in line with, or equivalent to, the description or specification of the services provided in writing by us. “Service(s)” means our service to list your product, service, or other offering onto our community directory.
- We will take reasonable steps to meet any performance dates shown on our site, but those dates are estimates and are not binding on us.
- We can make any changes to our services if this is necessary to keep to any relevant law or safety requirement, or if the change does not significantly affect the nature or quality of our services.
- When we have received all of the information for your listing (your name and contact details, and description of your listing), we can refuse your request to be listed on the community directory if:
- we determine the material being advertised to be inappropriate or offensive in any way
- we determine that the listing is not relevant for the operations of mental health professionals.
4.3 Fees
- You must pay the chosen monthly, quarterly, bi-annual or annual advertising fees shown on our site. We will collect the fee on the day that we accept your order and start providing our services. Our contract ends in line with clause 11.
5. Your obligations
- You must be the author of your listing in the community directory or have all the permissions you need to quote and use any information, graphics or photographs you have not written, created or taken. We have no liability if any listing breaks, limits or undermines a third party’s rights.
- The terms of your order and your listing information must at all times be complete, accurate, truthful and up to date.
- You must make sure that the information you have provided is lawful. If we find out that there is any unlawful activity associated with your listing, or that you have lied about your information, we can immediately stop providing the services.
- You must co-operate with us in all matters relating to our services.
- You must allow us and our employees, agents, consultants and subcontractors to contact you at all reasonable times and keep the contact details we have for you up to date.
- You must give us any information and materials we may reasonably need in order to provide our services, and make sure that the information is accurate.
- You must always have all the licences and permissions you need in order for us to provide our services.
- You must maintain any services or products we need to provide our services to you, such as email accounts, phone line and so on.
- You must protect any sensitive information and materials associated with your listing in the directory, including (but not limited to) your username, password, log-in details, documents, policies, notices and correspondence, and make sure that these are not given to any unauthorised third parties.
- Your listing in the directory must only specify issues, treatments or approaches you are qualified to offer or deal with. Where it has been reasonably deemed that this has not been the case, we may cancel your listing without prior notice.
- Your listing in the directory must not:
- use obscene or vulgar language or contain content that is intended to promote or incite violence;
- contain content that is unlawful or otherwise offensive or upsetting (including information that may break any rule, regulation or law specific to your business or industry);
- contain any content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- break, limit or undermine the intellectual property rights (see clause 7) of any third party; or
- contain viruses or any other software or instructions that may damage or disrupt other software, hardware or communications network.
- Your listing in the directory must be honest and fair, not make any claims that cannot be proved, not make dishonest or unreasonable comparisons with other businesses, be placed in the appropriate category and not impersonate other people or businesses.
- If we cannot meet, or are delayed in meeting, any of our obligations under these terms and conditions as a result of anything you have or have not done, or your failure to meet an obligation, the following will apply.
- We can suspend our services until you have put the matter right (if it can be put right), and not have to meet any of our obligations which have been prevented or delayed by something you have or haven’t done.
- In the event that any of the provisions of clause 5 are not followed, or any other conditions are broken, we may remove your listing and suspend or end our services. In this case, you will not be entitled to any refund. We can also make any alterations to your listing if we consider it necessary to remove any material which might lead to legal action. In this case we will tell you about any alterations we have made. If we want to make changes to your listing for a reason other than the possibility of legal action, we will ask you for permission to make the change.
- We will not be liable for any costs, damages or losses you suffer as a direct or indirect result of us failing to meet, or a delay in us meeting, any of our obligations as set out in this clause 5, or as a result of any mistakes in your listing.
- If we ask in writing, you must reimburse any costs or losses we suffer as a direct or indirect result of something you did or failed to do.
6. Further information on our site
- Use of our site is also governed by our privacy policy.
- We use cookies to collect and sort information about your use of our site.
- Our site may contain links to other sites, including the sites of other advertisers. Unless we have specifically said otherwise, those sites are not under our control. Our site having a link to another site does not mean that we endorse the linked site or its owner. We are not responsible for any content or information published on linked sites, and have no liability for any loss or damage arising from using a linked site.
7. Intellectual property rights
"Intellectual Property" means domestic and foreign intellectual property rights, including: (a) inventions, patents, applications for patents and reissues, divisions, continuations, re-examinations, renewals, extensions and continuations-in-part of patents or patent applications; (b) copyrights, copyright registrations and applications for copyright registration; (c) mask works, mask work registrations and applications for mask work registrations; (d) designs and similar rights, design registrations, design registration applications, and integrated circuit topographies and similar rights; (e) trade names, business names, corporate names, domain names, website names and world wide web addresses, common law trade-marks, trade-mark registrations, trade-mark applications, trade dress and logos, and the goodwill associated with any of the foregoing; and (f) trade secrets, confidential information and know-how.
- To the extent that anything in this agreement, any written document or anything spoken by us prior to the date of this agreement could be taken to (impliedly or expressly) confer or grant any rights in relation to our Intellectual Property Rights, they are void and of no effect. You are not entitled to use any of our Intellectual Property Rights whatsoever unless we expressly authorise you in a document titled ‘Grant of Licence to Use Intellectual Property Rights’. You may only use our Intellectual Property Rights to the extent set out in that document, and for no other purpose.
- You agree to indemnify us for any loss or damage we incur, or any commercial benefit you or any third party makes, from your breach of this clause.
- Nothing in these terms and conditions gives us any rights in or to any intellectual property rights or content contained in your listing except for the right to display the listing on our site until you or we choose to remove the listing. We have the right to use, publish and reproduce any testimonials, articles, events, contributions and other similar material you provide to us, even after the contract ends.
8. Disclaimers
- We do not guarantee that our site:
- will meet your needs;
- will not infringe (break, limit or undermine) the rights of third parties;
- will be compatible with all systems; or
- will be secure.
- Except for screening and approving listings, we have no control over, or involvement in, any advertiser’s business and are not responsible for any actions taken by, or any goods or services provided by, any advertiser.
- Although we do everything reasonably possible to make sure that all the information on our site is accurate and up to date, we cannot guarantee that this is the case. We also cannot guarantee any specific results from using our services.
- No part of our site, the directory, or our service in general, is intended to be advice and you should not rely on their content when making any decisions or taking any kind of action.
- We do not guarantee that any part of our site or our service is suitable for use in commercial situations or that it provides accurate information or advice which business decisions can be based on.
- Although we have done everything reasonably possible to make sure that the descriptions of our services are accurate and up to date, we have no liability if this is not the case.
- We use all reasonable skill and care to make sure that our site is secure and free of mistakes, viruses and other malware, you need to take responsibility for the security of your personal details and computers. We are not liable for our site being disrupted or unavailable as a result of causes beyond our control (including, equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions).
- We can change, suspend or discontinue all or any part of our site and the services available. These terms and conditions will continue to apply to any revised version of our site, unless that site specifically states otherwise.
9. Limited Liability
- We do not accept any liability for checking, confirming, or guaranteeing the individual information or information provided by an organisation. This includes experience, training and qualifications of individuals posting adverts on the Therapists’ Staff Room Ltd.
- Nothing in these terms and conditions limits or removes our liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors) or by fraud or fraudulent statements or actions.
- To the fullest extent allowed by law, we will not be liable to you for any loss or damage (including for any loss of business, profit, sales, revenue, business opportunity, goodwill, reputation, anticipated savings or any other direct or indirect losses), even if it could have been foreseen, arising in connection with you using (or being unable to use) our services or our site or you relying on the content included in the directory.
- To the fullest extent allowed by law, we exclude all statements, promises, assurances, guarantees and implied terms (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) that may apply to our site or any content on it and are not set out in the contract.
- We use reasonable skill and care to make sure that our site is free from viruses and other malware, but we have no liability for any loss or damage arising from a virus, other malware, hacking or any other harmful material or event that may damage or disrupt your hardware, software, data or other material as a result of you using our site (including downloading any content from it) or any other site referred to on our site.
- This clause 9 will continue to apply after the contract between you and us ends.
10. Contract ending
10.1 When the contract may end
- Either party may end the contract by giving the other at least 30 days’ notice in writing. If we end the contract prematurely, you will receive a refund for the remaining term of your contract. If you prematurely end the contract, no refund is offered.
- We may end the contract or suspend our service immediately upon giving you written notice if any of the following applies.
- You break an important term of the contract and fail to put the matter right (if we believe it is possible to put it right) within seven days of being given written notice to do so. This includes if you have failed to meet your obligations under clause 5 or 6.
- We think there is a conflict of interest between you or your business interests and our business.
- You become insolvent or bankrupt, go into receivership, make an arrangement with your creditors to pay off your debts or stop trading, or any similar event happens.
- We receive what we believe to be a genuine complaint about your conduct, practice or use of our service from a user of our site.
- We consider any qualification or other requirement you need to be included in the directory to be, or to have become, insufficient: Your listing in the directory must only specify issues, treatments or approaches you are qualified to offer or deal with. Where it has been reasonably deemed that this has not been the case, we may cancel your listing without prior notice.
- We find out about any circumstances which, in our opinion, have damaged, or could damage, our or our site’s reputation (for example, allegations or legal proceedings against you or tribunal hearings) by continuing to allow you to stay in our directory.
- We will continue to provide our services for the entire period covered by any advertising fees you pay before or during the 30-day notice period. This may mean that you continue to receive our services after the notice period has ended. If this would be the case, during the notice period you can ask for your listing be hidden from public view (although this will not entitle you to any refund of fees paid or due).
10.2 Following contract end
When the contract ends for any reason, the following will apply.
- You must immediately pay all our unpaid invoices and interest (where appropriate). If you have received services we have not invoiced you for, we will send you an invoice, which you must pay immediately.
- You will not be entitled to an adjustment of the advertising fee or any other reduction of any fees you have already paid or are due to be paid.
- The rights, remedies, obligations and liabilities you and we already have when the contract ends will not be affected, including the right to claim damages for the contract being broken on or before the date it ended.
- The clauses of the contract that say (or suggest) that they will still apply after the contract ends will continue to apply in full.
- We can refuse your request to use our services again in the future, and do not need to give you a reason for this decision.
11. Force Majeure
- We not be liable to you if we fail to perform our obligations under this contract, or delay in performing them, as a result of a circumstance beyond our reasonable control. Circumstances beyond our reasonable control include industrial action and strikes (whether or not it affects our workforce), power or equipment failures, failure in the transport network, war, riot, accident, breakdown of machinery, fire, flood, storm or the failures of our suppliers or subcontractors).
- If the circumstance beyond our control prevents us from providing any of our services for more than four weeks in a row, we can end this contract immediately by giving you written notice.
12. General
- Assignment and other dealings: we may transfer, in any way, any of our rights under the contract, and may subcontract or delegate any or all of our obligations under the contract, to any third party or agent.
Unless you have our permission in writing, you must not transfer, in any way, any ofour rights under the contract to any third party or agent.
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Notices: any notice or other communication that must be given under the contract must be in writing, addressed to the other party's registered office (if it is a company) or its main place of business (in any other case), or to any other address the relevant party has specified to the other party in writing. The notice or communication must be delivered personally, sent by first-class post or another next-working-day delivery service, courier, fax or email. Notices may also be delivered by Email, using the main email shown on the contact details on www.therapistsstaffroom.co.uk website.
Any notice or other communication will be considered to have been received at the following times.
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If delivered by courier, when the courier's delivery receipt is signed.
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If sent by email, the business day after it was sent.
This clause does not apply to any documents served during legal proceedings.
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Separate provisions: if any of these terms (or part of them) cannot be enforced, that term is considered not to be included in these terms and conditions, and this will not affect the remaining conditions. This term will apply only in the country or state where a particular term cannot be enforced.
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Failure to exercise rights: if you or we do not exercise any right under the agreement, this will not prevent that right from being exercised at a later date.
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No partnership or agency: nothing in the contract between you and us creates any partnership or joint venture between you and us, or makes either you or us the other party's agent. You and we do not have authority to act as an agent for, or to bind, the other in any way.
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Third parties: nobody except you and us has any rights to enforce its terms.
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Variation: except as set out in these terms and conditions, the advertiser cannot make changes to the contract unless we, the service provider, agree to them in writing.
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Governing law and jurisdiction: These terms and conditions, and any dispute or claim arising out of or in connection with them, will be governed by and interpreted in line with the laws of England and Wales. Only the courts of England can settle any dispute or claim arising out of or in connection with these terms and conditions.