If you are in a life threatening situation don't use this site. Please seek immediate help through your local resources.
Effective 9 April 2018
Talkcircle LLC its subsidiaries and affiliates (“Talkcircle”, “swe”, ”us”, “our”) operates the Talkcircle sites, including www.talkcircle.com and associated mobile applications, and any other linked and related pages, content, features, products, software, text and video chat functions, and tools offered by Talkcircle (the “Platform”).
YOUR ACCEPTANCE OF TERMS
By accessing or using any of our Platform, you agree to be bound by these terms and conditions (the “Terms of Service“), and Talkcircle's privacy policy located https://www.talkcircle.com/en/privacy (“Privacy Policy“) which are incorporated herein by reference (together, “the “Agreement“). Your use of the Platform is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Platform.
MODIFICATION OF TERMS
Talkcircle reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Talkcircle website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
ELIGIBILITY TO USE SERVICES
You must be eighteen (18) years or older to use our Platform. If you believe that a child under eighteen (18) has used our Platform and provided us any information, please contact us at help@talkcircle.com. This Agreement is void where prohibited by law, and the right to access and use the Platform is revoked in such jurisdictions. By accessing the Platform, you represent and warrant to Talkcircle that: (i) you are an individual (i.e., not a corporation) at least eighteen (18) years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Platform and take full responsibility for your access, selection and use of the Platform.
YOUR DATA
You warrant that (i) you give your full informed consent for our collection, use and disclosure of your personal data (which excludes any information shared between you and your therapist) that you provide to us on the Platform; (ii) you have notified any relevant party (including any doctor or medical professional from whom you are or have recently received treatment) of the purposes of our collection, use, and disclosure of your personal information that you provide to us on our platform, including but not limited to carry out our obligations and to provide you with access to the Platform, to establish, maintain and administer your Talkcircle account, to send you Platform-related and/or promotional communications, to notify you about changes and updates regarding the Platform, direct marketing and promotional offers, for quality assurance and training purposes, any other uses identified to you by Talkcircle, or as reasonably contemplated by this Agreement.
NO MEDICAL OR OTHER PROFESSIONAL ADVICE
The Platform may facilitate you to communicate with a counsellor, medical professional, therapist, expert, or other medical advisor (”Advisors”) for receiving advice, therapy, or other information (”Advice”). The Platform to do not (and do not purport to) offer a medical service, therapy, psychology, medical care, mental health services, or other professional services by us. At all times you will use the Platform with caution and will refer to an independent medical professional in particular if you are concerned for your own safety or wellbeing, or the safety or wellbeing of any other person. IF YOU ARE CONTEMPLATING HARMING YOURSELF OR ANY OTHER PERSON, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES AND CONSULT YOUR DOCTOR OR OTHER QUALIFIED MEDICAL PROFESSIONAL. IF YOU ARE AWARE THAT ANY PERSON IS OR IS LIKELY TO BE IN ANY DANGER YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT APPROPRIATE MEANS OF COMMUNICATION OR ADVICE IN THE EVENT OF REAL OR PERCEIVED DANGER TO ANY PERSON AND THAT YOU MUST NOT USE THE SERVICES WHERE SUCH RISKS APPLY. You acknowledge and agree that (i) the Advisors are not employees, officers, or representatives of Talkcircle, (ii) Talkcircle has no liability for any act or omission of any Advisor, whether negligent or otherwise, (iii) Talkcircle will not be liable for any lack of availability of any Advisor, not for any discontinuance of any Advice or other service performed by any Advisor, (iv) while Talkcircle will use such measures as it may deem necessary to select Advisors appropriate for the Platform, Talkcircle makes no representation or warranty with regard to the Advisor’s suitability to provide any type of services and/or the Advisor’s professional qualifications, experience, skills, degrees, licensure, status, certification, credentials, competence or background nor the suitability of the Advisor to provide Advice or to respond to any question, request or conversion from you, (v) Talkcircle shall have no liability to you or any other party regarding the outcome or benefit of Advice, nor the accuracy of any information provided by any Advisor. You warrant that you have (and covenant that at all relevant times you will) conducted full background checks and due diligence regarding any Advisor before initiating contact with each and every Advisor. Advice is provided by Advisors directly to you and not via Talkcircle and our facilitation of any Advice may not be deemed or interpreted as endorsement or approval of any Advisor or Advice. You acknowledge and agree that the receipt of Advice by you is not a substitute for personal medical or other professional consultation, and that you will always seek an opinion by a suitably qualified medical professional via a meeting in person in addition to any Advice, which should be heeded without being prejudiced by receipt of any Advice. Advisors do not perform diagnostic services and you will not rely upon any diagnosis or prognosis by any Advisor and will automatically disregard any Advice that may be interpreted as diagnosis or prognosis. The Advisors are not intended or permitted by Talkcircle to recommend that you take any specific type or quantity of medication, and any decision that you take regarding use or medication should be confirmed in person with a suitably qualified doctor, psychiatrist or other qualified professional advisor. At all times, Talkcircle recommends that you do not ignore professional or medical advice or information received by you outside of the Platform, or delay in seeking treatment because of anyone or any content on the Platform. always seek the advice of your qualified healthcare provider with any question you may have regarding a medical condition. if you think you may have a medical emergency, call your doctor or appropriate emergency services immediately. Talkcircle does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the services. reliance on any such information is solely at your own risk. We are not liable any way with the actual substance of your relationship with the Advisor or the provision of Advice (whether provided through the Platform or not), and we are not liable for validating any Advice that you may receive.
COMMUNICATION WITH ADVISORS
You agree that all current and future interactions (whether online or offline) between you and a Advisor will be made, managed and billed through the Platform. You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from a Advisor not through the Platform or in any case that you are billed by a Advisor not through the Platform. At all times you will treat the Advisors in a respectful and professional manner, and you will not bring any Advisor into disrepute.
REGISTRATION FOR SERVICES
You may be required to register and select a password and username (”Talkcircle User ID”) to use the Platform. You may not (i) select or use as a Talkcircle User ID a name of another person with the intent to impersonate that person; or (ii) use as a Talkcircle User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide Talkcircle with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination or suspension of your account. Talkcircle reserves the right to refuse registration of, or cancel a Talkcircle User ID in its discretion.
USER SUBMISSIONS
You, not Talkcircle, remain solely responsible for all content and communications that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Platform, and you warrant that you possess all rights necessary to provide such content to Talkcircle and to grant Talkcircle the rights to use such information in connection with the Platform and as otherwise provided herein. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that Talkcircle will not be liable for any errors or omissions in any such content. You understand that Talkcircle cannot guarantee the identity of any other users with whom you may interact in the course of using the Platform. Additionally, Talkcircle cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
TALKCIRCLE’S CONTENT
All materials displayed or performed on the Platform, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions (also known as the ”Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platform, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Platform are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws applicable in the jurisdiction from which you access the Platform at any time. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Platform in whole or in part. The technology and the software underlying our Platform is the exclusive property of Talkcircle and its licensors. Subject to your compliance with this Agreement, Talkcircle grants you a limited, nonexclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Platform, and any software underlying our Platform solely to use the Platform, as provided by Talkcircle in accordance with this Agreement. This license does not include any resale or commercial use of any Platform or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Platform. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Platform for any illegal purpose. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Talkcircle, its licensors, affiliates, or thirdparty products or services, whether or not appearing with a trademark symbol, belong exclusively to Talkcircle or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under any patent or trademark of Talkcircle, its licensors, affiliates, or any third party.
PERSONAL, NON-COMMERCIAL USE
The Platform, and their Contents are intended solely for your personal, noncommercial use and may only be used in accordance with the terms of this Agreement. You may not download or copy the Content for any reason including personal, non-commercial use. You shall not copy or store any Content except for personal, noncommercial use unless you have prior written permission from an officer of Talkcircle, or from the copyright holder identified in such Content’s copyright notice.
OBJECTIONABLE OR ILLEGAL CONTENT
You agree that you will not use the Platform to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Talkcircle in its sole discretion), racially offensive, insulting to any religion or culture, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, or infringement of any rights to privacy, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Platform to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
LINKS
If you link to the Platform, Talkcircle may revoke your right to so link at any time, at Talkcircle’s sole discretion. Talkcircle reserves the right to require prior written consent before linking to the Platform. The Platform may contain links to third party websites that are not owned or controlled by Talkcircle, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Platform and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Talkcircle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Talkcircle will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Platform, you expressly relieve and hold harmless Talkcircle and its affiliates from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service (including without limitation merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or personal interaction with any of these third parties. You agree that Talkcircle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Talkcircle is under no obligation to become involved.
COMPANY’S RIGHT TO MONITOR
Talkcircle has no obligation and assumes no responsibility for monitoring the Platform or User Submission for inappropriate content or conduct of its users. If Talkcircle chooses, in its sole discretion, to monitor the Platform, Talkcircle assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. Talkcircle will not monitor conversations or communications between you and an Advisor except for Platform development, training and quality assurance purposes.
COMPANY’S RIGHT TO REMOVE CONTENT
Talkcircle reserves the right to remove any Content from the Platform at any time, for any reason or no reason in its sole discretion.
NO ENDORSEMENT
You acknowledge that Talkcircle does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Platform or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, contrary to the laws, customs or cultural norms of the United Arab Emirates or any other applicable jurisdiction, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Talkcircle’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Talkcircle.
RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Talkcircle user; (iii) use the Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of autoresponder, or “spam“ on the Platform, or any processes that run or are activated while you are not logged on to the Platform or that otherwise interfere with the proper working of or place an unreasonable load on the Platform infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl“ or “spider“ any page or Content of the Platform; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Platform; (viii) remove, obscure, or alter any notices or links (e.g., links to Talkcircle’s Privacy Policy and Terms of Service) on the Platform or any of the features or tools or other Platform; (ix) access, display, distribute or otherwise exploit any Content through any technology or means other than the video playback pages of the Platform or the Video Player. Any violation of the above may be grounds for termination of your right to access or use the Platform. Talkcircle reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Talkcircle deems in its sole discretion to be an illegal or unauthorized use of the Platform. Talkcircle will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
YOUR OTHER OBLIGATIONS
You are responsible for all of your activity in connection with the Platform. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Platform; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You are responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Platform.
DISCLAIMER OF WARRANTIES
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE TALKCIRCLE WEBSITES, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NONINFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOTALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the generality of the foregoing, Talkcircle makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Platform, or regarding suggestions or recommendations of services or products offered or purchased through the Platform (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). Talkcircle displays prices for goods offered on Talkcircle.com based on pricing information provided by Advisors and other vendors, and we make no promises about the reliability or accuracy of any such information listed on the Talkcircle.com website. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS“ without any warranty of any kind from Talkcircle or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or services. The Platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Talkcircle makes no representations concerning any Content contained in or accessed through the Platform, and Talkcircle will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform. Under no circumstances will Talkcircle be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Platform. Talkcircle has no special relationship with or fiduciary duty to you. You acknowledge that Talkcircle has no control over, and no duty to take any action regarding: which users gain access to the Platform; what Content you access via the Platform (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. THE CONTENT (INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, IMAGES, SEARCH RESULTS, DATA AND INFORMATION CONTAINED THEREIN), AND SUCH MATERIALS OBTAINED FROM TALKCIRCLE’S LICENSORS OR OTHER THIRD PARTIES, AND ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR ANY TYPE OF PROFESSIONAL ADVICE INCLUDING LEGAL ADVICE, FINANCIAL ADVICE, MEDICAL ADVICE, DIAGNOSIS, EXAMINATION, OR TREATMENT, OR FOR ANY OTHER PROFESSIONAL ADVICE OF ANY KIND (INCLUDING WITHOUT LIMITATION LEGAL OR FINANCIAL ADVICE).
PRIVACY
For information regarding Talkcircle’s treatment of personal information, please review our current Privacy Policy at https://www.talkcircle.com/en/privacy which is hereby incorporated into this Agreement by reference; any use of our Platform constitutes your acceptance and agreement to be bound by our Privacy Policy.
ELECTRONIC COMMUNICATIONS
When you use our Platform, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Platform, “push“ mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
INDEMNITY
You agree to indemnify and hold Talkcircle, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Platform, use of the Platform, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TALKCIRCLE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TALKCIRCLE’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FEES AND PAYMENT
Talkcircle reserves the right to require payment of fees for access to the Platform. You shall pay all applicable fees, as described on the Platform in connection with such Platform selected by you. Payments made via the Services shall be payments made by you to the applicable Advisor, facilitated by Talkcircle, but not a payment to Talkcircle for services or for Advice not withstanding that Talkcircle reserves the right to deduct appropriate administration and other fees (in which event the Advisor, not you, will be deemed to make payment to us). Any payment made to Talkcircle is compensation for Talkcircle’s operation of the Platform and/or for software development, overhead costs, administrative services and other corporate costs and fees, including transaction fees for credit card usage. Any payment you make to Talkcircle will not be fees for Advice, advisory services, therapy or other similar service. Part of your payment, accounted for separately, may be remitted to the Advisor for the clinical services provided to you by the Advisor. Talkcircle does not participate, split or take a percentage of this part of the payment any such fees shall be deemed to be a payment made by you to the Advisor via the platform, and not a payment to Talkcircle. You agree to pay all fees and charges associated with your account on a timely basis and according to the fee schedule, the terms and the rates as published by Talkcircle from time to time. Such fees and charges (including any taxes, late and cancellation fees, as applicable) may be charged on the credit card provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Talkcircle with credit card information you authorize Talkcircle to bill and charge your credit card. Talkcircle reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be posted on our websites or sent by via email. Use of the Platform by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement. Payments made to Talkcircle or the Advisor via the Platform will be governed by the terms of the applicable payment processing services provider.
REFUNDS
You will not be entitled to any refund for appointments cancelled less than 24 hours in advance. You may be entitled to a refund of half of the fees (less administration fees) applicable to any services booked if you cancel the appointment and cancellation occurs more than 24 hours but less than 48 hours in advance of the scheduled appointment. You may be entitled to a refund of the fees (less administration fees) applicable to any services booked if you cancel the appointment and cancellation occurs more than 48 hours in advance of the scheduled appointment.
RELEASE OF CLAIMS
You hereby release Talkcircle, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Platform.
MODIFICATION AND TERMINATION
Talkcircle reserves the right to modify, discontinue, terminate or suspend any and all Platform without prior notice. This Agreement shall remain in full force and effect while you use any part of the Platform. You may terminate your use of the Platform or your membership at any time by following the instructions on the Platform. Talkcircle may terminate or suspend your access to the Platform (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Platform and any Content will immediately cease.
WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Talkcircle shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Talkcircle’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “linenoise“ interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
ENTIRE AGREEMENT
You and Talkcircle agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with Talkcircle’s prior written consent. Talkcircle may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Talkcircle in any respect whatsoever.
SURVIVAL
All provisions of this Agreement that by their nature are intended to survive performance hereof by you or Talkcircle, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
GOVERNING LAW AND DISPUTES
These terms and any dispute or claim arising out of or in connection with them or their subjectmatter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Emirate of Dubai. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Dubai in relation to all matters arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims).
COPYRIGHT DISPUTE POLICY
TALKCIRCLE’S General Policy.
Talkcircle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA“) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Talkcircle’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent“) is listed at the end of this Section. It is Talkcircle’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Platform infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counternotice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Talkcircle may send a copy of the counter-notice to the original complaining party informing that person that Talkcircle may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Talkcircle’s discretion.
Designated Agent to Receive Notification of Claimed Infringement:
Please contact Talkcircle’s Designated Agent to Receive Notification of Claimed Infringement at the following email address: help@talkcircle.com QUESTIONS If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to help@talkcircle.com
