Health and Safety Guidelines
Rules and Regulations
WalkTalkNow is committed to caring for the health and well-being of our provider and user community.
This document specifies measures that must be followed by all those organizing, promoting, preparing for, attending, serving at or otherwise contributing to or participating in or at events associated with WalkTalkNow. These are minimum requirements, and it is for each individual to ensure compliance with all applicable codes of practice and legal requirements.
For the safety of our providers and users, we reserve the right (but assume no obligation) to remove references to any experiences which it appears to us may not adhere to all relevant Terms and Conditions.
THIS IS A LONG DOCUMENT CONTAINING SEVERAL IMPORTANT CLAUSES THAT RELATE TO YOUR RIGHTS AND OBLIGATIONS.
1. Introduction
1.1 Your use of the WalkTalkNow Websites and the services offered by WalkTalkNow (the “WalkTalkNow Services”) is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.2 Unless WalkTalkNow expressly agrees to the contrary in writing, all your dealings with WalkTalkNow will be on and subject to the terms of these T&Cs. By using the WalkTalkNow Websites and the WalkTalkNow Services, you agree to be bound by these T&Cs.
1.3 These T&Cs may be updated from time to time, updates will be posted on the WalkTalkNow website and we shall endeavour to notify registered users of updates, it is however your responsibility to ensure that you remain compliant with the current T&Cs from time to time. If the modified T&Cs are not acceptable to you, your only recourse is to cease using the WalkTalkNow Websites and WalkTalkNow Services. If you do not cancel your WalkTalkNow registration you will be deemed to have accepted the changes.
1.4 If you do not agree to be bound by these T&Cs, you may not use the WalkTalkNow Websites or WalkTalkNow Services.
2. Registration
2.1 Unregistered visitors may view the WalkTalkNow Websites.Only registered users may post content on the WalkTalkNow Websites and issue or accept WalkTalkNow engagements. Registered users are identified on the WalkTalkNow Website by their first name and registered city. WalkTalkNow may rank or rate registered users. As a user you represent to WalkTalkNow that you will only use the WalkTalkNow Websites and WalkTalkNow Services for lawful purposes and where it is lawful to so use them.
2.2 You acknowledge and agree that, by accessing or using the WalkTalkNow Websites or WalkTalkNow Services or by downloading or posting any content to or from the WalkTalkNow Websites you are indicating that you have read, and that you understand and agree to be bound by these T&Cs. If you accept or agree to these T&Cs on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&Cs and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.3 You may cancel your registration at any time by deleting your posted content. You accept that we may terminate any user’s registration at any time.
2.4 Registration and access to the WalkTalkNow Services are intended solely for persons who are 18 or older. Any access or use of the WalkTalkNow Websites or WalkTalkNow Services by anyone under 18 is expressly prohibited. By using the WalkTalkNow Websites and WalkTalkNow Services you represent and warrant that you are aged 18 years or older.
2.5 You agree to complete the registration process honestly and as completely as you are able, and to keep the registration and other information about you accurate and up-to-date.You may maintain only one registration with WalkTalkNow, and may not register as a WalkTalkNow user on behalf of an individual other than yourself. Your registration with WalkTalkNow is personal to you and may not be sold or transferred without WalkTalkNow’s prior written agreement.You agree never to disclose your login details or password (except for the purpose of your logging in to the WalkTalkNow Websites yourself).
2.6 If you link your registration with an accepted third-party social networking site or service you represent that you are lawfully able to do so and that such linking complies with all terms you and the third party have agreed and will not result in WalkTalkNow incurring any obligations or liabilities.
3. Our content and your use of the WalkTalkNow Website
3.1 Apart from the content generated by registered providers, all the elements that make up the WalkTalkNow Websites and WalkTalkNow Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to WalkTalkNow (or the person from whom WalkTalkNow licences it). You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the WalkTalkNow Websites and WalkTalkNow Services without WalkTalkNow’s prior written agreement.
3.2 In using the WalkTalkNow Website and WalkTalkNow Services you agree that you will not:
3.2.1 Use any part of the WalkTalkNow Website or WalkTalkNow Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies WalkTalkNow endorsement, partnership or otherwise misleads others as to your affiliation with WalkTalkNow or any of its users or partners;
3.2.2 Register and/or use any intellectual property of WalkTalkNow (or persons from which it licences intellectual property) or in the name “WalkTalkNow” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of WalkTalkNow or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
3.2.3 Copy, store or otherwise access or use any information contained on any of the WalkTalkNow Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the WalkTalkNow Websites or WalkTalkNow Services, or any individual element within the any of the WalkTalkNow Websites or WalkTalkNow Services, WalkTalkNow’s name, any WalkTalkNow trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WalkTalkNow Websites and WalkTalkNow Services, without WalkTalkNow’s express written consent;
3.2.4 Interfere with or damage any of the WalkTalkNow Websites or WalkTalkNow Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than WalkTalkNow Invitations);
3.2.5 “Stalk” or harass any other user of any of the WalkTalkNow Websites or WalkTalkNow Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a user or provider);
3.2.6 Contact any WalkTalkNow user otherwise than about a WalkTalkNow Invitation;
3.2.7 Recruit or otherwise solicit any WalkTalkNow user to join a third-party service or website whether or not it is competitive to WalkTalkNow, without WalkTalkNow’s prior written approval;
3.8 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WalkTalkNow Websites, WalkTalkNow Services and ancillary documentation.You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WalkTalkNow Website or WalkTalkNow Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WalkTalkNow or its licensors, except for the licenses and rights expressly granted in these T&Cs.
4 Your Content
4.1 Registered users may post content on the WalkTalkNow Websites. Anything that you post (or otherwise cause to be visible) on a WalkTalkNow Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”). WalkTalkNow’s policy is not to edit or moderate Your Content unless required to do so to ensure compliance with these T&Cs or with your prior consent. You agree that if you have linked your WalkTalkNow registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
4.2 You are responsible for all Your Content. By registering to use the WalkTalkNow Websites you agree that:
4.2.1 Any representation that you publish is true;
4.2.2 You shall not use the WalkTalkNow Websites or WalkTalkNow Services to offer products or services other than WalkTalkNow emotional support sessions.
4.2.3 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
4.2.4 None of Your Content shall include any images which you do not own or which include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken at a provider session, in respect of which the relevant provider has consented to you publishing);
4.2.5 You shall not use the WalkTalkNow Website or WalkTalkNow Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
4.2.6 All Your Content may be made public and associated with you;
4.2.7 WalkTalkNow is under no obligation to store and/or to publish Your Content (and WalkTalkNow may at any time and without prior notice delete Your Content from any part of the WalkTalkNow Website);
4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and WalkTalkNow operates to transfer any intellectual property rights to you;
4.2.9 You grant (or shall procure the grant) to WalkTalkNow of a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the WalkTalkNow Website;
4.2.10 WalkTalkNow may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
4.3 You agree that any profile photograph that you upload is an honest representation of you and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize WalkTalkNow to use your image.
4.4 By accepting these T&Cs you grant WalkTalkNow a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Content (which may include publishing it on, through, by means of the WalkTalkNow Websites and WalkTalkNow Services and may also include promoting or marketing the WalkTalkNow Websites and WalkTalkNow Services). WalkTalkNow does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
4.5 The WalkTalkNow Websites and WalkTalkNow Services may provide links or referrals to other websites, services, publications or applications. WalkTalkNow makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on WalkTalkNow when assessing or using them and that WalkTalkNow shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. WalkTalkNow assumes no responsibility for the content of websites linked on our site. WalkTalkNow will not be liable for any loss or damage that may arise from your use of them.
5. Data
5.1 To the extent required by applicable law, WalkTalkNow shall on request of the relevant registered user delete all information that is personal to that registered user. WalkTalkNow may however (subject to applicable laws) retain data that may have been obtained by previous interactions with WalkTalkNow provided that that data cannot be linked to any individual person.
5.2 WalkTalkNow reserves the right to market the results of this automatic data handling.
5.3 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of WalkTalkNow, including by inappropriately using any WalkTalkNow intellectual property.
6. Provider Sessions
6.1 You agree that WalkTalkNow shall under no circumstance be held responsible or liable for any representation in a WalkTalkNow session or for a provider session not running smoothly or as advertised or otherwise being unsatisfactory.
7 Exclusions and limitations to WalkTalkNow’s responsibility and liability
7.1 You agree by issuing or accepting a WalkTalkNow session you do not create any relationship with WalkTalkNow save as expressly provided in these T&Cs. WalkTalkNow does not control, and has no right to control, your WalkTalkNow session, your offline activities associated with your WalkTalkNow session, or any other matters related to any WalkTalkNow session that you publish.
7.2 Registered users are required by these T&Cs to provide accurate information about yourself and only to post reliable and accurate content to the WalkTalkNow Websites and not, when using the WalkTalkNow Websites or WalkTalkNow Services, to make any factually incorrect, fraudulent or misleading statements or representations. By accepting these T&Cs you agree that WalkTalkNow may request identity verification from you (and you agree to comply with such requests as are reasonable made) and may use other information or resources available to them to verify your identity, to undertake regulatory checks and to help limit improper use of the WalkTalkNow Websites, WalkTalkNow Services and other services provided. WalkTalkNow does not, however, undertake any obligation to you to undertake any such checks and you agree that WalkTalkNow does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the WalkTalkNow Websites or WalkTalkNow Services (and by agreeing to these T&Cs you irrevocably agree that except to the extent otherwise expressly agreed by WalkTalkNow you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
7.3 WalkTalkNow will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
7.4 By using the WalkTalkNow Websites and WalkTalkNow Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the WalkTalkNow Websites and WalkTalkNow Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from WalkTalkNow with respect to such actions or omissions.
7.5 You agree that to the maximum extent permitted by law WalkTalkNow has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the WalkTalkNow Websites or error or omission in information or processing provided on or by the WalkTalkNow Websites or loss of information provided to the WalkTalkNow Websites.
8 Cancellation and suspension
8.1 WalkTalkNow may terminate or suspend your registration for convenience at any time by giving you notice via email to your registered email address.
9 Miscellaneous
9.1 You declare and guarantee to WalkTalkNow that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
9.2 If you become aware of any content on any of the WalkTalkNow Websites that you suspect has been posted in breach of these T&Cs please notify us by email at WalkTalkNow.org@gmail.com. It will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the WalkTalkNow Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number), (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
WalkTalkNow 