1. ABOUT US, OUR PLATFORM AND THESE TERMS OF USE
1.1 Saltroad is a platform allowing accredited speech and language Professionals to offer their services to potential clients, allows clients or their lawful parents or guardians to manage and place bookings, interact with content, and facilitates the provision of message communication between Professionals and their clients. It is not intended for the provision of regulated medical advice/ services (including the prescription of any drugs or medicine).
1.2 These terms of use (Terms) and the documents referenced in them create a legal agreement between you and Saltroad Ltd (referred to as we, us, our or Saltroad in these Terms) in relation to the digital marketplace platform (Platform) we provide. Our registered office address is 4d Irwinstown Lane, Ballinderry Upper, Lisburn, Northern Ireland, BT28 2HD. Our company number is NI709928.
1.3 We use certain defined terms within these Terms, which have the meanings given to them in clause 2.
1.4 By accessing and/or using the Platform, you are agreeing to these Terms.
1.5 Your attention is in particular drawn to: (a) any clauses of these Terms which are in bold text; (b) the fact that, because we do not provide the S< Services (merely a platform by which the S< Services can be provided), or a detailed vetting service in respect of the Professionals providing or promoting S< Services on/via our Platform, we are not responsible for the provision, non-provision or wrongful provision of the S< Services and Supporting Content (nor for any other interaction between Professional or Customer conducted via the Platform or occurring as a result of the Platform) and we have no authority or ability to negotiate or vary the terms of any agreement or Booking entered into between you and the Professional; (c) that any claim in respect of the S< Services or connected to them is solely between you and the relevant Professional as noted in clause (b) above).
1.6 The platform is not intended to be used in any situation where you or your child or ward require medical or clinical advice from a doctor or other medical professional (including the prescription of any drugs or medicine). More importantly, if you believe that you are in an emergency, critical or life-threatening situation you should immediately dial your local emergency services number or seek alternative emergency medical services.
1.7 If you are taking any medication or receiving any treatment, you should advise the Professional you are consulting with of this over the course of any Booking, where applicable, so they can assess whether the S< Services are appropriate for you.
1.8 You can access these Terms at any time at www.saltroad.com/client-terms-of-use . We reserve the right to update these Terms from time to time by posting the updated version at that URL. This version 1 of these Terms was most recently updated on 23rd October 2024. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Platform. You should read these Terms carefully before using the Platform.
1.9 Every time you order or are provided with S< Services by means of the Platform, these Terms as they are in force at that time (and available for view on our website) will apply to the contract between you and us for provision of and/or booking and payment of/for the relevant S< Services you may book.
1.10 By using the Platform, you agree that you are a private individual at least 18 years old, or, if higher, the age of majority in the country in which you reside or from which you are accessing the Platform. If you are under 18 years old, you must not use the Platform. For clarity, that does not restrict parents or guardians using the Platform Services to purchase S< Services on behalf of their child or ward.
1.11 To access the Platform, you must procure and utilise, in respect of the web app, a functioning hardware system and software facilitating access to the following modern and high usage web browsers, namely: Chrome, Mozilla, Firefox, Safari or MS Edge, for the current and previous version of each such browser, or such other relevant software and/or hardware reasonably notified by Saltroad from time to time. You should be aware that from time to time certain features may be optimised for particular browsers (and user experience diminished on other browsers).
2. DEFINITIONS
For ease of reference the following terms shall having the following meanings in these Terms:
Account Data means any personal data we may be able to determine connected to your account on the Platform, in the circumstances outlined in our Privacy Policy.
Applicable Laws means all applicable international and local laws, regulations, binding (or non-binding) regulatory requirements now or from time to time in force in any Relevant Jurisdiction which may be binding on the Professional or Saltroad or provision of the S< Services, including any rules, guidance, standard or recommendations of its (or the) relevant Certification Bod(y)(ies) (whether or not legally binding) in terms of the provision of services similar to the S< Services in the Relevant Jurisdiction(s), including, within the Republic of Ireland, the provisions of the CORU Speech and Language Therapists Registration Board “Code of Professional Conduct and Ethics” and their “Standards of Proficiency”, and, within the UK, the provisions of the HCPC “Standards of Proficiency”, the “Standards of Conduct, Performance and Ethics” and the “Standards for Continuing Professional Development”, (each as amended from time to time) and applicable equality and non-discrimination legislation.
Booking means a contract for the provision of S< Services entered into between you and the Professional by means of the Platform, and Book shall be construed accordingly.
Booking Request means a request from you made by means of the Platform, for the supply of S< Services.
Certification Body means, where applicable, the relevant professional body within the Relevant Jurisdiction both regulating and keeping a register of accredited professional speech and language Professionals who are required to register with such bodies and adhere to their standards for training, professional skills, qualifications and behaviour (including the provision of S< Services). For clarity, as of the date these Terms were published, this is the Health and Care Professions Council in the UK (the HSPC), in respect of Professionals providing Services in the UK, and CORU (and the Speech and Language Therapists Registration Board administered by it) in Ireland, in respect of Professionals providing S< Services in Ireland.
Charges means the sums agreed between you and a Professional as being payable in respect of S< Services under a Booking.
S< Services means any remote message speech and language therapy services (as it is defined and regulated in eachRelevant Jurisdiction, including by the applicable Certification Body, and excluding provision of any medical care that would require specific training as a medical doctor (reflecting an ability or proscribe medicines or drugs)) arranged by means of the Platform (and includes, as the context permits, where the S<Services are provided for the benefit of a child or ward, accompanied by their parent, guardian or next of kin, who may have placed the Booking, each of the relevant individuals.
Data Protection Laws means any relevant data protection laws having legal force in the UK and Ireland from time to time, including (as applicable) theData Protection Act 2018, the Irish Data Protection Act 1998 – 2018 and either theUK or EU General Data Protection Regulation (and any replacement or substitute for either).
Feedback means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on Saltroad or its products or services.
Payment Service Provider means any independent payment service provider whose software may be integrated into the Platform from time to time, and whose software may be utilised by Saltroad to facilitate payments from you.
Platform has the meaning given in clause 1.2 above.
Platform Services means the software as a service provided by ourPlatform, which facilitates the provision of S< Services by Professionals to you. Privacy Policy means our privacy policy, as further defined in clause1.3 above, which is available at https://www.saltroad.com/privacy-policy
Professional means any person, company or partnership registering as provider of, and providing S< Services by means of the Platform and/or utilising the Platform to promote and take payment for their S< Services.
Professional Indemnity Insurance means a professional indemnity policy comprising cover for negligence and related risks associated with the provision of the S< Services by the Professional in the Relevant Jurisdictions in which they practice.
Professional Listing means a listing in the Platform setting out a description of the Professional.
Relevant Jurisdiction means the geographical territories within which the Professional both normally practices and to whose laws they are subject, and whoseApplicable Laws apply (by virtue of their provisions, your location and of the Professional and the nature of your interaction) or are deemed to apply to the provision of any S< Services which are subject to the Agreement. For clarity, Saltroad currently only facilitates the provision of S< Services to clients in the UK or Ireland.
Supporting Content means any digital content (including video, image or text files in any format) provided to you by a Professional under a Booking or within the platform.
Shared Data means the personal data comprised in any unsolicited and unrequested personal data you may share with a Professional during the course of receiving any S< Services.
Usage Guidelines means our policy on acceptable use of the Platform and acceptable behaviour during the course of any Booking, which you must adhere to, and which is available at www.saltroad.com/client-terms-of-use
you and your means you, being the person who uses the Platform (other than Professionals or those using their accounts). Where you use the Platform on behalf of your child or ward the relevant parts of these Terms are deemed to extend (where applicable) to your child or ward and references to you or your shall be deemed to include such person(s).
3. PURPOSE OF THE PLATFORM – IMPORTANT – PLEASE READ CAREFULLY
3.1 The Saltroad Platform is not a S< service. The Platform Services simply provide a means for Professionals to advertise and deliver S< Services to you, and to facilitate you browsing, booking and paying for such S< Services from such Professionals.
3.2 The Platform is an online platform which allows:
(a) Speech and language Professionals who register on the Platform to offer their S< Services
(b) You to place Bookings requests with Professionals for the provision of S< Services, and if those requests are accepted by a Professional to pay for those S< Services; and
(c) Professionals to then have either text and video consultations with you (either via the Platform, where it offers that functionality) or via separate communication services, or to meet face to face with you (where you have expressed a preference to do so and that is a service the Professional offers).
3.3 No contract exists between us and the Professional, or us and you, for the fulfilment of any S< Services (or associated services), save as expressly set out in these Terms. All contractual arrangements for the fulfilment of any of those services are solely between you and the Professional (who delivers the S< Services via the Platform) and we accept no liability or responsibility for either party’s failure (or otherwise) to honour any contractual or legal obligations to the other in connection with such consultations or services, or any other actions of failures of the Professional in the delivery or otherwise of S< Services or Supporting Content. The content of any Professional Listing on the Platform, and the provision of the S< Services, are entirely the responsibility of the Professional.
3.4 When you use the Platform to make a Booking for S< Services, it will create two legal contracts: (i) one contract between you and us, under which we provide to you the means of accessing the S< Services (and in future browsing, booking, and paying for the S< Services) by means of the Platform. That contract is made on these Terms (and incorporates any additional terms specified in your Booking confirmation email); and (ii) a further contract between you and the relevant Professional in respect of their provision to you of S< Services to you at the price (or price calculation mechanism) specified on the Platform in the Booking Request incorporating the relevant provisions of these Terms and/or on the Professional Listing (where applicable – e.g. around your cancellation rights).
3.5 The Platform is used by a wide range, and a large number, of Professionals. We cannot realistically check or be responsible for the work, background and qualifications of each Professional. We do not endorse or recommend any Professional, the quality of their work or the value and quality of their advice and service.
3.6 The Professionals are not our employees, agents, partners or workers. Apart from providing a facility allowing S< Services to be booked remotely and facilitating payments for and the offer of S< Services, we are not involved in and do not supervise the provision of the S< Services. We require our Professionals to agree to our terms for therapists, which require that to provide certain information in their Professional Listing (and in their registration documentation prior to registering on the Platform), in particular their previous experience in providing specialised S< Services to those relevant categories of clients they have held themselves out as having specialism with specifically (for example, treating those with acquired neurological disorders, linguistics, oncology, counselling, deafness and hearing impairment, specific learning disabilities or school-aged children) and also to require Professionals to confirm that they have or hold the following and that such information is accurate, complete and not misleading in any way:
(a) have, where providing S< Services to children or vulnerable adults, a current and valid enhanced DBS check (where they are providing the S< Services in England or Wales), enhanced Disclosure Scotland check (where they are providing the S< Services in Scotland), enhanced Access NI check (where they are providing the S< Services in Northern Ireland) and/or a relevant vetting disclosure from An Garda Síochána’s National Vetting Bureau (where they are providing the S< Services in the Republic of Ireland), in each case showing no adverse finding, or such other checks or clearances as may be required by Applicable Law from time to time in the Relevant Jurisdiction;
(b) hold (where necessary and applicable) a certification with any relevant (or legally required) Certification Body (as defined below); and
(c) hold current Professional Indemnity Insurance (either personally or through the entity/company through which their services are provided and via which they have registered for the Platform). However, whilst we impose these obligations contractually, we do not and cannot verify the information which they provide to us, and we do not and cannot vet the Professionals on our Platform, or their Professional Listings. It is your responsibility to exercise your judgement when booking or availing of any S< Services, in the same way that you would if booking them directly and if you should always ask a Professional to verify their qualifications, clearances, certifications and insurance status before placing a Booking with them. We are not responsible for any inaccuracies in the Professional Listing or issues around any given Professional’s qualifications, insurances, background, registrations or experience.
3.7 The parties acknowledge that subject to the other provisions of these Terms, you may agree to meet a Professional directly (including for the purposes of the provision of S< Services) outside the Platform. You should exercise your discretion and professional judgement where meeting anyone in person ensure when booking S< Services on behalf of your child or ward that you are present at all times during any consultation.
4. BOOKINGS – IMPORTANT – PLEASE READ CAREFULLY
4.1 Typically, Saltroad operates such that the Professional shall be entitled to dictate their own charges for any S< Services. Fees can be set on an hourly rate, or per Booking basis (for various specified Booking lengths). There are also options for multi-Booking discounts.
4.2 You acknowledge and agree that by making a Booking Request through the Platform, payment will be pre-authorised from your electronic payment method registered on the Platform, and this will be treated as an offer to pay for the S< Services on the relevant terms specified in the Booking, Professional Listing and in these Terms. Your fee will also include a non-refundable (but without prejudice to your statutory rights) booking fee, as notified to you on the Platform at the point at which you place your Booking Request, which is payable for your use of the Platform to make Bookings.
4.3 Professionals are free to accept or reject any Booking requests you may make but (unless we apply an “instant-Booking” feature in future) must review and accept or reject your Booking request within no more than 2 business days. Booking requests will be automatically rejected if the Professional has not responded within that period. If accepted, they create a binding contract under which you agree to pay for the Saltroad (in its capacity acting on behalf of the Professional) the relevant S< Services specified in the Booking Request. If the Booking is accepted, payment will automatically be deducted via the electronic payment method you registered on the Platform (and which was pre-authorised) as noted above. If that payment does not clear, for any reason, then the Booking and related contract will automatically be cancelled. Saltroad will retain any Agreed Charges paid for the relevant S< Services, which we then pay to the Professional as and when Bookings are logged as set out in clause 4.9 below, or, where you pre-pay for any multiple or block Bookings by way of a credit voucher, when your credit voucher for those block Bookings expires (as set out in clause 4.10), at which point the relevant Agreed Charges (less our booking fee) will be paid to the Professional.
4.4 By using the Platform, you are required to, and deemed to have, accepted the relevant Payment Service Provider terms as they may apply from time to time to any payments you make via the Platform.
4.5 Both you and the Professional are responsible for ensuring that you are available to provide or benefit from the S< Services on any dates specified in the Booking request. Where no dates were specified, the Professional must make themselves available (subject to other commitments) as reasonably required in future to facilitate future Bookings where you have pre-booked a number of appointments, and if they do not you may contact us to raise a complaint, which we will determine in our discretion.
4.6 If you are a consumer based in the UK or EU, you will have legal rights against the Professional in relation to any S< Services that are not provided with reasonable skill and care, or if the S< Services are not as described in the Booking (including any changes to the Booking agreed between you and the Professional). Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect your statutory rights.
4.7 It is your sole responsibility to notify the Professional – either in any online questionnaire you complete on the Platform (if applicable) (e.g. when making a Booking request) or during your S< Services – as to any circumstances affecting you which might affect the Professional’s provision of the S< Services. If such circumstances arise after the Booking Request has been accepted, you must notify the Professional immediately.
4.8 For clarity, the Professional is required to log any Bookings / S< Services delivered to you on the Platform before the end of each calendar month and is only entitled to be paid by Saltroad to the extent that these Booking logs match Saltroad’s records of delivered Bookings. When they do so, you will be notified via the Platform and will have until the end of the relevant calendar month in which the Bookings were logged, plus a further period of 7 (seven) days, to confirm or deny that the Bookings took place. This period permits you raise any objections to the Booking logged by the Professional, for example if you wish to allege that the Professional has not delivered any of the logged Bookings. Saltroad shall decide such disputes in its sole discretion, and its determination shall be final. For clarity, this means that, as noted in clause above, and elsewhere in these Terms, to the extent Saltroad receives complaints regarding S< Services delivered to you under any Booking (including any allegations that Bookings were not honoured in accordance with their terms) and upholds these complaints, without prejudice to its other rights or remedies, it will refund any Agreed Charges and any additional currency charges or Payment Services Provider fees related to such Bookings to you.
4.9 If you have pre-paid for any multiple or block Booking, you agree that, subject to your statutory cooling-off rights as set out in clause 4.5, such payments are non-refundable, non-transferable, and may not be exchanged for cash or any other form of consideration. Block booking credits will be valid for a period of 6 months from the date of purchase (as long as your account with Saltroad is still live) at which point they shall expire (without further notice to you) if you have not utilised the relevant S< Services in that time window. They may only be redeemed in respect of S< Services delivered by the relevant Professional specified in your block Booking request over that period, but if you feel that a Professional has breached clause 4.6 by not making themselves reasonable available for appointments, you can let us know by raising a complaint as specified in that clause.
4.10 You must keep your contact information and payment or billing information up to date through your account.
5. PROVISION AND CANCELLATION OF S< SERVICES
5.1 Your Booking request will make clear whether any S< Services are to be delivered remotely or in-person. The Professional may advise that in-person S< Services are recommended given your, or your child or ward’s, particular speech and language needs.
5.2 We also require all Professionals to contractually agree not to provide S< Services where you, or your child or ward, presents a condition or issues which are outside their expertise or the platform purposes, where you lack the mental capacity to consent to receiving the S< Services, are not available at any Booking to supervise your child or ward, or other circumstances mean that it would be inappropriate or unlawful (including under any Applicable Laws or good industry practice) to do so in all the circumstances.
5.3 We ask that you do not share any personal data relating to yourself or third parties other than as required for the Professional to provide the S< Services during the course of any Booking. If you do share personal data unsolicited, for the purposes of Data Protection Laws, the Professional and Saltroad are each separate data controllers of any personal data comprising in such Supporting Content. Saltroad is the data controller of any Account Data in the circumstances described in its privacy policy. We also require that you do not request a Professional to provide any further contact data or personal data beyond that which is shared in their public profile on the Platform.
5.4 You have a right to cancel or re-schedule (subject to availability of your chosen Professional) your Booking (including any multiple or block Booking) within the 14 day statutory cooling off period by following the steps outlined in your account on the Platform. If you wish to fulfil any Booking (including, in respect of any multiple or block Bookings, the first appointment or Booking for which you have pre-paid) before the expiry of your statutory 14 day cooling off or cancellation period in relation to your contract for the S< Services, you agree to waive your cooling off rights. Insofar as you exercise your statutory cooling-off cancellation rights, we agree to refund you all relevant charges paid for the Booking, including our booking fee and any Agreed Charges. No Booking may be cancelled once an appointment (or the first appointment) has begun.
5.5 Once your statutory cooling-off rights have ended, by default you shall not be entitled to cancel any Booking, but this shall be subject to any cancellation policies specified by the relevant Professional in respect of their Agreed Charges on the Platform at the time at which your Booking was placed. Some Professionals may, for example, choose to let you cancel a pre-arranged Booking (or a block Booking) after expiry of your statutory cooling-off rights provided sufficient notice is given prior to the scheduled date of the Booking. Such policies are at their discretion, and for clarity, your right to be refunded any Agreed Charges, according the relevant Professional’s policies, shall not entitle you to a refund of any booking fee paid to Saltroad. By default, you are also allowed to re-schedule any Booking provided that you notify the Professional via the Platform giving not less than 24 hours’ prior notice, and pick a date at which the Professional is available occurring within the next month following the scheduled date of your original Booking.
5.6 The Professional may not cancel any future pre-paid or pre-arranged Bookings (save in the limited circumstances set out in this clause and in clause 5.7 below). You are entitled to end a Booking at any time, but any amounts paid in advance for that Booking will not be refunded. Professionals may not cancel any Booking (or end it early) except where, acting reasonably and in good faith, they believe you to have breached the Client Terms in some material way (for example, by sending offensive or insulting messages). The Professional is under no obligation to continue any Booking beyond any pre-paid duration paid for by you. Whether or not they wish to end any Booking beyond that period is solely at the discretion of the Professional. You will not automatically be charged for any additional Booking fee where the Professional allows any Booking to continue beyond the pre-paid duration and, if the professional chooses to charge any additional fees, these should be clearly communicated to you.
5.7 If a Booking has been accepted by the Professional, and they are unable, having used best endeavours, to honour the Booking, for example in cases of illness or emergencies, they must immediately notify you, and we will arrange to refund you in full for any cancelled Bookings (less any applicable deductions) in such circumstances (as noted below). In such cases, we cannot guarantee you will be able to re-book the session with the Professional.
6. USE OF THE PLATFORM
6.1 Whilst you are in compliance with these Terms (including our Usage Guidelines), we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Platform for your (including your child or ward’s) own personal private use in connection with searching for, paying for, and receiving the benefit of S< Services from relevant Professionals only, provided that such use is in accordance with these Terms. You agree not to use the Platform, or any content of our website, for anything else.
6.2 We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); or because it is no longer economically viable or efficient to provide the Platform. If the Platform is unavailable for any Booking you have placed with a Professional, the Professional shall be responsible for ensuring that they are able to deliver the S< Services to you, and where they fail to do so, your claim shall be against them only.
6.3 You shall not: (a) other than as permitted by law, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform and/or its documentation (as applicable) in any form or media or by any means; nor attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; (b) access all or any part of the Platform Services in order to build a product or service which competes with the Platform Services; (c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform Services available to any third party; (d)) attempt to obtain, or assist third parties in obtaining, access to the Platform Services, other than to lawfully book, pay for and receive S< Services in accordance with the Agreement; (e) interfere with or disrupt the integrity or performance of the Platform Services or third party data contained therein; or (f) attempt to gain unauthorised access to the Platform Services or their related systems or networks, including with a view to making alterations to, or modifications of, the whole or any part of the Platform, or permitting the Platform or any part of it to be combined with, or become incorporated in, any other programs.
7. ACCOUNTS
7.1 If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them confidential. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
7.2 If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
7.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
7.4 If you notice an unauthorised use or breach of your user account, you must notify us immediately at therapy@saltroad.com.
8. DISCLAIMER – IMPORTANT – PLEASE READ CAREFULLY
8.1 We have no control over S< Services or Professional Listings, and give no warranty regarding the Platform, or its operation. Further you acknowledge that S< Services are not provided or supervised by us or on our behalf.
8.2 To the utmost extent permitted by law, under no circumstances will we be liable in any way for any S< Services, including any errors or omissions in the S< Services, or any losses or harm of any kind resulting from the Professional’s provision of (or failure to provide) the S< Services.
8.3 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Professionals, including in any Professional Listing, are those of the Professional and not our own. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made either on the Platform or otherwise, by anyone other than our authorised employee spokespersons acting in their official capacities.
8.4 From time to time, Professionals may use Saltroad Content in delivery of S< Services. Saltroad Content means various resources including worksheets, pictures, games, report templates, assessment templates and so. For clarity, Saltroad does not warrant or represent the accuracy, sufficiency or appropriateness of such Saltroad Content in delivery of S< Services. Use of Saltroad content as part of any S< Services is at the discretion of both you and the Professional. The Professional takes sole responsibility for determining the appropriate S< Services and any associated content or deliverables provided to any Client (including whether and to what extent to adopt any Saltroad Content.
8.5 The Platform is provided “as is” and without warranty of any kind. In particular, we cannot promise that the Platform will always be provided uninterrupted or error-free. You acknowledge that we do not guarantee that the Platform will always work properly. We do not guarantee that the information provided through the Platform is accurate, reliable or correct; that any defects or errors will be corrected; that the Platform will be available at any particular time or location; or that the Platform is free of viruses or other harmful components. We will not be responsible for any risk of loss resulting from your downloading or using files, information, data or other material obtained from the Platform.
8.6 We shall use reasonable endeavours to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the Platform and data stored thereon. However, you understand and acknowledge that use of the Platform Services necessarily involves transmission of data over networks that are not owned, operated or controlled by us, and that we cannot be held responsible for any the Professional Data lost, altered, intercepted or stored across such networks. We do not guarantee that its security procedures will be error-free, that transmissions of the Professional Data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third party service providers.
9. YOUR CONDUCT – IMPORTANT – PLEASE READ CAREFULLY
9.1 You must comply with all laws applicable in the UK and Ireland and the country from which you are accessing the Platform Services. If any laws applicable to you restrict or prohibit you from using the Platform, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform.
9.2 You warrant that you will not transmit any material in the course of receiving the S< Services or using the Platform which are: (a) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitate illegal activity; (c) depict sexually explicit images; (d) promote unlawful violence; (e) are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; (f) cause damage or injury to any person or property; (g) in breach of our Usage Guidelines; (i) infringe any third party’s copyright, trade mark, or other intellectual property rights; (j) infringe any third party’s rights of publicity or privacy; or (k) contain any viruses or other malware or harmful content.
9.3 If the Professional considers that you have acted in a way towards him/her that would constitute a crime, or have disclosed that you have committed a crime that the Professional is under a legal duty to report, you should note that they may report such a crime, and as noted in our Privacy Policy, if we are subject to any compelled disclosure order from a regulatory authority or court of competent jurisdiction we will comply with such order (including by disclosing your identity from your Account Data).
10. YOUR BREACH
10.1 We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) at any time. We will normally do so if we reasonably believe that you are in breach of these Terms.
10.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
11. LIMITATION OF LIABILITY – IMPORTANT – PLEASE READ CAREFULLY
11.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Professional), and for losses or harm caused by fraud by us or our agents, or any other liability which it would be unlawful for us to exclude or restrict liability.
11.2 We are not responsible for: (i) any losses in relation to your receiving or not receiving access to the Platform; (ii) any losses in relation to your receiving or not receiving any S< Services; (iii) any losses arising due to a breach of our obligations which arises due to circumstances outside our reasonable control; (iv) losses or harm not caused by our breach of these Terms or our negligence; or (v) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these Terms including those losses which happen as a side effect of foreseeable losses; or (vi) technical failures or the lack of availability of the Platform.
11.3 To the utmost extent permitted by law, our liability in respect of any losses arising under or in connection with any Booking and the subject matter of the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the fees actually paid to us by you by way of our commission on payments for the S< Services in the preceding 12 months prior to the date any relevant claim or cause of action first arose.
11.4 We only supply the Platform for your own individual domestic and private use as a consumer of the S< Services. You agree not to use the Platform in the course of any business, or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. INDEMNITY AND RELEASE – IMPORTANT – PLEASE READ CAREFULLY
You agree to keep us indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, ex gratia payments, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us as a result of or in connection with your breach of this Agreement, relevant law, or wrongful acts or omissions, and from any claim or dispute arising between you and any Professional in connection with the S< Services, of any nature.
13. INTELLECTUAL PROPERTY
13.1 You acknowledge that all copyright, trade marks (including ‘Saltroad® and the Saltroad logo), and other intellectual property rights in and relating to the Platform are owned by us or licensed to us by third parties. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You hereby grant us a perpetual, royalty-free, irrevocable, worldwide, transferable and sub-licensable licence in and to the content of any chat log recorded on our Platform in connection with the S< Services, for us to reproduce same as we see fit, without restriction (other than any restrictions imposed by law).
13.3 You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform, including any group conversations or communications with your Professional, unless we have first agreed to this in writing. You must not use any of our trade marks (registered or unregistered, including the word Saltroad® and the Saltroad logo), or other intellectual property rights in and relating to the Platform without our prior written consent.
13.4 If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
14. LEGAL NOTICES
14.1 If you have any complaints or objections of a legal nature to material or content (including Professional Listings) provided by means of our site, including if you believe that material or content on our site is defamatory or infringes your intellectual property rights (including copyright or trade mark rights), please contact us immediately with a statement by email to therapy@saltroad.com. Your email statement must at a minimum contain the following details: the exact individual content you are complaining about; the way in which the content infringes your rights or is defamatory; your name and street address; a declaration that your statement is true and acknowledgement that it may be used in any subsequent court proceedings relating to your complaint.
14.2 These requests should only be submitted by you or someone who is authorised to act on your behalf.
15. PRIVACY
15.1 We are registered as a fee-paying body with the Information Commissioners Office as a data controller in the United Kingdom.
15.2 We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. By using the Platform, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy, you should not access and/or use the Platform.
15.3 We may use any feedback or comments you make in respect of the Platform or any Professional in our marketing material (including on the Platform, our other websites, and our social media channels). If at any time you would like us to cease any further use of your feedback or comments, please contact us at therapy@saltroad.com.
16. LINKS AND THIRD PARTY PLATFORMS
16.1 We may link to third party products or services from the Platform. You understand that we make no promises regarding any content, goods or services provided by such Professionals or other third parties. We are also not responsible to you in relation to any losses or harm caused by such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
16.2 You may agree to communicate with your Professional via alternative methods such as video-conference calls, telephone calls, or email. If you do so, such communication occurs outside the Platform and does not form part of the Platform Services, although you agree to adhere to the spirit of this Agreement when so communicating.
16.3 You may use standalone third party applications when accessing the Platform Services, for example where the Platform Services uses third party applications to authenticate your account on the Platform, or third party payment platforms. While the Agreement represents our agreement with you, other parties’ terms govern their relationships. Whilst we take no responsibility for your adherence to such terms or the actions taken by such third-parties, you agree you will adhere to such terms when using the Platform Services, and will not hold us responsible for any interactions with such third parties or their services, sites or terms, including for wrongful or negligent acts or omissions, or breaches of contract.
16.4 We do not control the content, messages or information found in or on or accessible through, or pulled into the Platform Services via, any third party software, individuals, sites or services accessible through or integrated with the Platform Services. We disclaim and will have no liability regarding such software, sites or services and any actions resulting from your use of the same. Such sites or services’ availability does not mean we endorse, support or warrant such sites or services.
16.5 We shall not be responsible for any issues with performance of any third party applications, and their integration within and functioning through the Platform Services at all times is outside our control and is not guaranteed. The third party integrations supported by the Platform Services may change from time to time, and you must always have a valid third party account or subscription for any such applications and pay all relevant fees for same (which are not included as part of the Platform Services).
17. GENERAL
17.1 We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
17.2 These Terms and the further terms or documents referenced in them set out the entire agreement between you and us concerning the Platform and they replace all earlier agreements and understandings between you and us.
17.3 If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.
17.4 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17.5 We are not liable if it is prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control, for example failure of a utility service or transport or telecommunications network, act of God, malicious damage, compliance with any law or governmental order, rule, regulation or direction, or default or failure of our sub-contractors or sub-processors (or the third party systems or platforms with which the Platform interacts). We will send all notices and other communications regarding the Agreement to you at the e-mail address provided on registering, or by means available in the Platform.
18. COMPLAINTS ABOUT THE PLATFORM OR PROFESSIONALS
18.1 If you have any concerns regarding the Platform itself (rather than any S< Services or Professional) we hope we can resolve these quickly if you contact us at therapy@saltroad.com.
18.2 We care about your experience with Professionals using our Platform and want to ensure they maintain the highest standards possible. If you are unhappy with any S< Services, you should speak to the Professional to try and resolve the issue. We would like to be kept informed of any material or repeated issues or disputes.
18.3 If you consider that any Professional has acted in an inappropriate way towards you, including in a manner you feel to be offensive, violent or sexually inappropriate, you should immediately make a report to the appropriate authorities and we would request that you then contact us at therapy@saltroad.com quoting the police incident report number, date(s) and time(s) of any the alleged behaviour / the Bookings at which they took place and the identity of the Professional in question (where applicable and you are lawfully permitted to provide same). Your report may cause us to investigate such behaviour and/or bar an individual Professional from the Platform, but we shall not be obliged to take action beyond that which is required by law and will not be obliged to incur any additional liability or expense in doing so.
18.4 You acknowledge that we are not responsible to you for the S< services which the professionals provide and are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with the S< services.
18.5 In the unlikely event that legal action becomes necessary either by us or by you, these Terms shall be governed by and construed in accordance with the laws of Northern Ireland and subject to the exclusive jurisdiction of the courts of Northern Ireland.
19. QUESTIONS ABOUT THESE TERMS
19.1 If you have any questions about these Terms or the Platform, you may contact us by email at therapy@saltroad.com.
