DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS.
IF USER EXPERIENCES A MEDICAL EMERGENCY PLEASE CALL:
FOR THOSE RESIDING IN THE UAE:
999 FOR THE POLICE; 998 FOR AMBULATORY SERVICES
FOR THOSE RESIDING IN COUNTRIES OTHER THAN THE UAE:
LOCAL AMBULANCE OR POLICE HOTLINE
IMMEDIATELY STOP USING THE PLATFORM IN CASES OF EMERGENCIES. THE PLATFORM IS NOT DESIGNED FOR, NOR IS IT INTENDED TO BE USED IN, EMERGENCY SITUATIONS. NEITHER THE COMPANY NOR THE COUNSELORS CAN PROVIDE EMERGENCY ASSISTANCE.
IF A USER IS CONTEMPLATING SUICIDE OR IF A USER IS CONSIDERING HARMING HIMSELF, HERSELF, OR OTHERS, OR IF USER FEELS THAT ANY OTHER PERSON MAY BE IN ANY DANGER, USER MUST STOP USING THE PLATFORM AND MUST IMMEDIATELY SEEK EMERGENCY ASSISTANCE.
Talk Time (www.talktime.ae) is a website platform (the “Platform“) owned and maintained by TalkTime Mental Health Services Limited, a Private Company registered in the Dubai International Financial Center (“DIFC“) with License Number CL5011 (“Talk Time” or the “Company“). You, the user (hereafter the “User“) must carefully read the terms and conditions contained herein before using the Platform. By using the Platform the User agrees to abide by the terms and conditions contained herein, and the terms and conditions contained herein constitute a binding legal obligation on the User (the “User Terms“).
By accepting these User Terms, User affirms that he or she is the person identified in the registration process. User represents that he or she has full legal authority to enter into these User Terms and agrees to be bound by the terms and conditions set forth herein.
The Platform is not to be used by minors (persons under the age of 18). Use of the Platform constitutes a confirmation by the User that the User is 18 years of age or older. If the User does not agree to be bound to any term of these User Terms, or if the User is a minor, the User is not authorized to use the Platform. The Company will bear no liability whatsoever arising out of any unauthorized use.
SECTION 1: COMPLIANCE WITH APPLICABLE LAWS AND LAW ENFORCEMENT
1.1 The Counselor’s consent to enter into these Counselor Terms by using the Platform includes the Counselor’s consent that these Counselor Terms shall be governed by and construed in accordance with with all Applicable Laws of the United Arab Emirates and the Dubai International Financial Center (the “DIFC“) which may include, without limitation: (1) the Constitution of the United Arab Emirates (Federal Law 1 of 1971); (2) the Penal Code (Federal Law 3 of 1987 as amended); (3) the Cyber Crime Law (Federal Law No. 5 of 2012 regarding “Information Technology Crime Control”, as amended by Federal Law No. 12 of 2016 and Federal Law by Decree No. 2 of 2018); and the DIFC Law No. 5 of 2020, as amended, regarding personal data processing and data protection (collectively the “Applicable Laws“, each being an “Applicable Law“).
1.2 The Company reserves the right to amend or terminate any portion of these User Terms without prior notice and for any reason.
1.3 The Company may be obligated to comply with requests from law enforcement and other governmental authorities for information about the User. The Company will provide the User with notice of these requests wherever possible.
SECTION 2: COUNSELORS AND THE PROVIDER SERVICES
2.1 The Platform is designed to be used by creating an account with the Company for purposes of connecting the User with a counselor or a similar service provider (each a “Counselor” and collectively the “Counselors“). Counselors will deliver professional counseling or similar services to the User exclusively through the Platform (the “Provider Services“).
2.2 The Company provides, through the Platform, a panel of Counselors with whom the User can interact for purposes of seeking and receiving Provider Services. The Company provides information about the Counselors on the Platform for the User to review. However, the Company does not necessarily conduct due diligence on the accuracy of all information included on Counselor profiles that are accessible on the Platform. The User is responsible for making independent decisions about Counselors the User seeks Provider Services from. The User is also responsible for making independent decisions about which mode or modes of communication to use when receiving Provider Services (Users may choose to communicate with Counselors with: (1) real-time online messaging; (2) teleconferences; or (3) video consultations). The User agrees that the Company will not be responsible for any act or omission made by Counselors during any consultation.
2.3 The User agrees not to record, resell or recreate any session or other content without the Company’s prior, written consent.
2.4 The Company does not host services that require professionals to hold active medical licenses. The Company does not provide medical advice. Any medical advice or medical-related representations provided by Counselors amount to a breach of the Counselor’s terms and conditions, for which the Counselor shall bear exclusive responsibility and be subject to any and all liabilities that may arise from such a breach.
2.5 Whenever using the Platform, the User shall interact with the Counselor at the User’s own risk. The Company will not be liable for any harm or damages arising out of interactions between the User and any Counselor. The Company specifically disclaims any responsibility or liability that may arise from any miscommunication or misinformation arising from communications between any Counselor and any User.
2.6 Any Counselor that the User is connected with through the use of the Platform is an independent contractor of the Company who does not have authority to bind or speak on behalf of the Company in any way. The Company’s role is limited to providing technologies that enable the Provider Services to be provided to the User by Counselors, and Counselors assume exclusive responsibility for the delivery of the Provider Services. The Company has no obligation to supervise or monitor any of the Provider Services provided to Users.
2.7 The User understands, acknowledges, and agrees that Provider Services may not be an appropriate solution for the User’s needs. The User also acknowledges and agrees that the Provider Services are not a substitute for professional services that are delivered on an in-person basis. If the User believes that the Provider Services do not meet User’s needs or expectations, the User must either select a different Counselor or cease using the Platform.
2.8 By creating an account, User agrees to receive communications from the Company from time to time, such as e-mails, text messages, reminders, newsletters, and other updates. Users may opt-out of these communications by sending an e-mail to the Company.
2.9 The Company does not endorse any brand or advertise on behalf of any business, clinic, or other institution that may be owned, operated, or supported by any Counselor.
2.10 The User agrees and understands that the Counselor may, based on their professional opinion, request to contact one or more of the User’s emergency contacts. In the event that a User fails to provide their emergency contact information and/or refuses to allow the Counselor to contact such emergency contacts, then the User must immediately contact their local ambulance or emergency hotline and their service and account with the Company will be immediately suspended.
USER AGREES AND UNDERSTANDS THAT THE COUNSELOR MAY NOT BE A LICENSED MENTAL HEALTH IN THE JURISDICTION WHERE THE USER RESIDES.
SECTION 3: BOOKING SESSIONS AND MAKING PAYMENTS
3.1 Users must schedule times to receive Provider Services through the Platform. In order to receive Provider Services, the User must pay a subscription fee covering Provider Services for a minimum of two (2) weeks. All payments made in order to schedule and receive Subscriber Services shall be made exclusively through the Platform. The User will also be required to remit payment for Provider Services in advance of receiving Provider Services.
3.2 The Platform requires Users to provide their email address, username, and password only when registering for an account. The Company will not disclose this information to parties outside the Platform unless the Company is compelled to do so by law enforcement, government agencies, or by court order.
3.3 By providing the Company with an acceptable form of payment, the User authorizes the Company to bill that form of payment for any amounts the User owes to the Company.
3.4 Whenever remitting payment, the User represents that the User is fully authorized to make such payment. User assumes all liability for misrepresentations regarding its authority to make payments with forms of payment it uses on the Platform.
3.5 The User agrees that all payments shall be nonrefundable, unless otherwise provided for by the Company in writing.
3.6 If the Platform malfunctions such that Provider Services cannot be provided, the User may notify the Company of the specific circumstances by way of email to request a refund. After receiving such notification, the Company will review the circumstances and provide a refund to the User if, in the Company’s sole discretion, it has determined that the User is entitled to the requested refund.
3.7 The User agrees that no payment will be refunded in the event that the User has breached any of its duties or obligations under these User Terms, made material misrepresentations under these User Terms, or has violated any Applicable Law while using the Platform.
3.8 The Company reserves the right to modify, terminate, or suspend any User or form of payment at its sole discretion.
3.9 The User may cancel or reschedule any session with more than 12-hours advance written notice. In the event the User fails to attend any session without providing 12-hour advance written notice, such session shall be deemed attended by the User.
SECTION 4: INTELLECTUAL PROPERTY AND THIRD PARTIES
4.1 The Company is the owner or the licensee of all intellectual property rights for technologies constituting the Platform itself.
4.2 The materials published on the Platform are protected by applicable copyright laws. The User shall not download, copy, use, or modify any materials available on the Platform for any other purpose other than for personal use. If User downloads, copies, uses, or modifies materials available on the Platform for User’s personal use, User must destroy all such materials immediately upon completion of such personal use.
4.3 The User shall not use the Platform to violate any laws.
4.4 The User shall not attempt to hack, disassemble, or reverse-engineer the software constituting the Platform.
4.5 The Platform may contain content, products, or services, hyperlinks to third-party websites offering content, products, services, or advertisements (the “Third Party Content“). The Company bears no responsibility for the specific content presented by Third Party Content, and the Company shall not be liable for any damage or loss which may arise from the User’s engagement with Third Party Content.
4.6 The Company may develop and release software updates for the Platform from time to time (the “Product Updates“). The User may be required to download an updated version of the Platform to continue accessing Provider Services. The Company does not guarantee that any subsequent version of the Platform will operate properly on User’s devices (including personal computers, laptops, or mobile phones). The Company is not liable for any loss the User may incur due to Product Updates.
SECTION 5: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1 THE USER HEREBY RELEASES THE COMPANY, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, VOLUNTEERS, CONTRACTORS, REPRESENTATIVES, PARENTS, OWNERS, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY RELATED PARTIES”) AND AGREES TO HOLD THE COMPANY RELATED PARTIES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION, AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
5.2 THE USER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT THE PLATFORM IS PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY). USE OF THE PLATFORM SHALL BE AT THE USER’S OWN RISK. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, BOTH EXPRESSED AND IMPLIED.
5.3 THE USER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
5.4 If Applicable Law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with Applicable Law. This limitation of liability contained herein shall survive the termination or expiration of these User Terms.
SECTION 6: USER REPRESENTATIONS AND WARRANTIES
6.1 The User represents that he or she is legally able to enter into these User Terms.
6.2 The User represents that he or she is legally able to consent to receive Provider Services.
6.3 The User represents that all the information User provides on the Platform, either now or in the future, is complete, accurate, and true. Furthermore, the User agrees that during the term of these User Terms, User will take all reasonable steps to maintain and update User’s information to ensure that all such information continues to be complete, accurate, and true.
6.4 The User is responsible for protecting the confidentiality of User’s password. The User is advised to change his or her password frequently and to take extra care in safeguarding his or her account.
6.5 The User shall immediately notify the Company in the event of any unauthorized use of User’s account, or if User is concerned that User’s account has been accessed by any third party.
6.6 The User agrees to use the Platform for the sole purpose of seeking and receiving Provider Services. The User may only use the Platform for User’s own personal use; User must not use the Platform for or behalf of any other person, entity, or organization.
6.7 The User acknowledges and agrees that the Company shall not be liable for any loss or damage incurred as a result of unauthorized access of User’s account, either with or without the User’s consent or knowledge.
6.8 The User acknowledges and agrees that the User is exclusively responsible for all activities performed using the User’s account. The User further acknowledges and agrees that the Company may hold the User liable for any damages or losses incurred as a result of the use of User’s account by any third party, whether or not such use was authorized by the User, and the User shall indemnify the Company for all relevant damages or losses.
6.9 The User shall indemnify, defend and hold the the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs, or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (1) User’s access to or use of the Platform; (2) any actions made with the User’s account whether by the User or a third party; (3) the User’s violation of any of the provisions of these User Terms; (4) non-payment for any of the services (including Provider Services) which were provided through the Platform; (5) the User’s violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive the expiration or termination of these User Terms.
6.10 The User shall not use any other Account on the Platform for any reason. The User may only have access to and use one (1) Account.
6.11 The User shall not interfere with, or attempt to interfere with, any of the Company’s systems, services, servers, networks, or infrastructure (including the Platform and it’s software components).
6.12 The User shall not: (1) send unsolicited messages or emails on the Platform which advertise or promote goods or services; (2) interfere with or damage the Company’s software or systems through the use of malicious software (also known as “malware”), code, or computer viruses; (3) engage in unlawful, harassing, invasive, abusive, threatening, vulgar, obscene, racist or potentially harmful behavior toward others who may be using the Platform (including Counselors and other users); (4) publish or display content that infringes upon the intellectual property rights of third parties; (5) publish or display content that may otherwise harm or injure a third party; (6) publish or display any content which may constitute, proximately cause or encourage a crime, tort, or violate any Applicable Law or regulation; or (7) solicit personal or Account information from Counselors or other users of the platform.
6.13 Whenever using the Platform, the User shall not engage in conduct that would violate any applicable domestic or international law, statute, ordinance, rule, regulation or ethical code.
6.14 All interactions and communications between the User and any Counselor shall be carried out exclusively through the Platform. The User shall not communicate or interact with the Counselors outside the Platform without prior, written consent from the Company for a period of at least one (1) calendar year from the date of their last session with any Counselor on the Platform.
6.15 In all of its electronic communications with the Company or with Counselors, the User agrees to check and scan all relevant attachments and files for virus or malicious software.
SECTION 7: PLATFORM INTERRUPTIONS, MODIFICATIONS, AND TERMINATION
7.1 The Company may modify, suspend, disrupt or discontinue the Platform, any part of the Platform, or the ability to use the platform at any time with or without notice. The Company may also suspend or terminate the User’s account at its discretion. The Company shall not be liable for any losses or damages that may arise from any of the aforementioned actions.
7.2 The User understands and acknowledges that the Platform’s functionality depends in part on the performance of third-party internet service providers and other third-party software components, tools, or dependencies which may not be under the Company’s control. While the Company makes commercially reasonable efforts to ensure the Platform’s reliability and accessibility, the Company cannot guarantee that the Platform will be accessible, consistent, timely, or error-free at all times. Accordingly, the Company shall not be liable for any interruptions, time-lags, or disconnections that may occur while the User is accessing or receiving Provider Services.
SECTION 8: MANDATORY ARBITRATION
All disputes arising out of or in connection with these User Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “Rules“) by a single arbitrator appointed in accordance with said Rules. The parties expressly agree, pursuant to Article 30(2)(b) of the Rules, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute. The place of arbitration shall be in Dubai, United Arab Emirates. The language of the arbitration shall be English.
SECTION 9: NOTICES
9.1 The Platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation. The Platform is not intended for diagnoses and/or treatments prescribing the use of drugs or medical treatment, and the User should disregard any such advice if delivered through the platform.
9.2 Users are urged not to disregard, avoid, or delay in obtaining in-person care from their doctor or other qualified professional because of the information or advice User received through the Platform.