These Terms and Conditions (“Terms”) will apply to our supply of the Service to persons who register on the Platform (each as defined in clause 1 below) (“User” and “you”). Please read these Terms carefully and make sure that you understand them. You will be asked to agree to these Terms before registering on the Platform. If you refuse to accept these Terms, you will not be able to register to use the Platform to access the Service. Please print a copy of these terms and note that we do not file copies of our contracts with you.
1. Iris Speaks Service
1.1 Iris Speaks Limited provides an online video and speech and language therapy service (the "Service") a training programme called Sparkle (the “Programme”). Iris Speaks Limited is a company registered in England and Wales with company number 10758536 and whose registered address is Iris Speaks, 707 The Crescent, 2 Seager Place, London, SE8 4HQ (“Iris Speaks”, “we”, “us” and “our”).
1.2 Iris Speaks delivers the Service and Programme via the www.irisspeaks.com domain (the “Website”) and the Iris Speaks web app, together a tele-healthcare cloud-based platform (the “Platform”).
1.3 Your use of the Platform, Programme and Service will be subject to these Terms and by using the Platform, Programme and Service you agree to be bound by them.
1.4 Iris Speaks does not provide any emergency services or care for acute medical conditions or where therapy in-person is required.
1.5 All material contained on the Platform and Programme (including names, trademarks, wordmarks, logos, pictures, diagrams and look-and-feel) is the property of Iris Speaks and/or its Partners or licensors. Nothing contained on the Platform, Programme or made available through the Service should be construed as granting you any licence or other right of use without the express written permission of Iris Speaks.
1.6 The Platform and Programme are the property of Iris Speaks and you have no right to modify, reproduce, copy or otherwise exploit it or any portion of it and any unauthorised use will result in our termination of your right to use it.
2. Criteria to Use the Service and Programme
2.1 Use of the Service is open to residents and citizens of any nationality.
2.2 If you are a citizen of any country other than the United Kingdom, you acknowledge that:
a) the Service and Programme provides access to speech and language therapists who are qualified in the United Kingdom and;
b) in accordance with clause 20.6, these Terms are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction for any legal proceedings relating to the Service, to the extent permitted by applicable law.
2.3 Subject to clauses 2(a) and 2(b), you may book and attend an appointment via the Platform with an Iris Speaks Therapist (as defined in clause 15.1 below) from anywhere in the world (an “Appointment”). Iris Speaks does not take any responsibility for differences between healthcare regulations and variations in different countries. Iris Speaks’ Therapists practice in accordance with UK healthcare regulations and guidelines which are administered by the Health and Care Professions Council. See here for the standards of conduct, performance and ethics which Iris Speaks’ Therapists are required to adhere to.
2.4 The Platform, Programme and Service are for use by independent adults over the age of 18 years old and minors that are supervised by such adults.
2.5 It is your responsibility to ensure that it is lawful to access the Platform, Programme and use the Service in the country in which you are located at the time of an Appointment. Iris Speaks accepts no responsibility for the use of the Service or access to the Platform or Programme in any country where it is unlawful to do so.
2.6 You ensure you have undertaken the broadband test prior to each session to ensure you can access the Platform and Programme to a high enough standard. Iris Speaks cannot be responsible for non-delivery of Service through inadequate broadband signal.
2.7 The only language offered for the purposes of concluding a contract between you and us is English.
3. Client Data
3.2 For the purposes of the General Data Protection Regulation (GDPR) (EU) 2016/679, in the provision of the Service the data controller is Iris Speaks. Read more.
3.3 Except for sharing with an Iris Speaks Therapist, Iris Speaks will not share information with any Partner nor anyone else as to whether or not you have booked an Appointment nor any information shared through the Programme with the Iris Speaks Therapist during the Appointment or Programme unless, where appropriate, you explicitly consent to us or the Iris Speaks Therapist doing so.
3.4 Iris Speaks will make audio and video recordings of your Appointment for clinical governance purposes which will be treated as confidential and will be held strictly in accordance with, and as long as required, under UK regulatory codes of practice on records management.
3.5 These recordings will not be made available to any other party including any Partner without your consent.
3.6 Iris Speaks may share aggregated anonymised data with third parties in order to monitor the Service and ensure a consistent quality and safety of Service to patients.
3.7 Iris Speaks may use anonymised comments, feedback and testimonials left on the Platform or in client surveys for marketing and service monitoring purposes.
4. Changes to these Terms
4.1 We may revise these Terms from time to time in the following circumstances:
a) if there are any changes in relevant laws and regulatory requirements; and / or
b) where we in our discretion deem a change necessary or desirable and notify you of such a change.
4.2 If we make a change to these Terms under clause 4.1, we will notify you of such revision when you next access the Platform pr Programme. Your continued use of the Platform, Programme and Service will be deemed acceptance of such revised Terms and it is your responsibility to ensure you are content to contract on such Terms at the point of transaction or use.
5. Changes to the Platform and Programme
5.1 We may update the Platform or Programme from time to time, and may change the content and Service offered through it at any time, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service. We will not make any changes to the Service, which will adversely affect you without notifying you first.
5.2 While every effort is made to avoid errors or omissions with strict performance, security, quality controls and monitoring in place, we are unable to guarantee that the Platform and Programme, or any content on them, will be free from errors or omissions.
5.3 Any feedback information provided by Users of the Platform or Programme may be used by Iris Speaks to improve the quality of service.
6. Accessing the Platform and Programme
6.1 While every effort is made to avoid interruptions or unavailability with strict performance, security and quality controls and monitoring in place, we are unable to guarantee that the Platform or Programme, or any content on it, will always be available for use or be uninterrupted.
6.2 You are responsible for making all arrangements necessary for you to have access to the Platform or Programme.
6.3 Any medical information given on the Platform or via the Programme by Iris Speaks whether written, stated or implied, is for information purposes only. The information is provided “as is” and without warranty of any kind by Iris Speaks.
6.4 Performance statistics and user/patient feedback cited on the Website are based on Iris Speaks reporting in-house or third-party surveys, and are subject to change without notice.
6.5 By using the Platform, Programme and Service, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith.
6.6 You are only permitted to access the Platform, Programme and use the Service for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purpose.
7. Your account and password
7.1 When you register on the Platform or Programme, you will be provided with, a user identification code, password or other pieces of information as part of our security procedures. You must treat such information as confidential and must not disclose it to any third party.
7.2 Iris Speaks has the right to disable any user identification code or password, whether chosen by you or allocated by Iris Speaks, at any time, if, in Iris Speaks’ reasonable opinion, you have failed to comply with any of the provisions of these Terms.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Iris Speaks at Zoe@irisspeaks.com
8.1 We do not guarantee that the Platform or Programme will be secure or free from bugs or viruses.
8.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform or Programme. You should use your own virus protection software.
8.3 You must not misuse the Platform or Programme by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform or Programme, the server on which the Platform or Programme is stored or any server, computer or database connected to the Platform or Programme. You must not attack the Platform or Programme via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform or Programme will cease immediately.
9. Linking to our Website
9.1 You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to the Website in any website that is not owned by you.
9.3 The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
9.4 We reserve the right to withdraw linking permission without notice.
9.5 If you wish to make any use of content on the Website other than that set out above, please contact us at firstname.lastname@example.org
10 Third party links and resources in the Platform or Programme
10.1 Where the Platform or Programme contains links to other websites, services and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and Iris Speaks accepts no responsibility for your use of such website, service or resource.
10.2 Where the Platform or Programme provides access to other websites, services and resources provided by third parties, including by framing them on the Platform or Programme, use of such websites, services and resources will be governed by the terms set by the relevant third party. Iris Speaks accepts no responsibility for your use of such third party websites, services or resources.
11. Types of Access
11.1 There are four types of access for the Service:
a) Consultation: This is paid for by a one off payment and involves a session with a member of the Iris Speaks team. The cost of an Appointment is set out on the Platform and may vary from time to time;
b) Assessment or review: 60-90 minutes assessment or 30 minute review session with an Iris Speaks Therapist. The cost of an Appointment is set out on the Platform and may vary from time to time; and
c) Course: Upfront payment of 6-12 sessions as recommended by the Iris Speaks Therapist. The cost of a course is set out on the Platform and may vary from time to time.
d) Training Programme: Monthly payment to access Sparkle training programme. The cost of the Programme is set out on the Website and may vary from time to time.
11.2 In relation to the Course provided under clause 11(1)(c) if any of the following circumstances arise we will refund to you a pro rata amount of your Course Fee based upon the remaining period of your Course:
a) Iris Speaks breaches these Terms in any material way and does not correct or fix the situation within 14 business days of you asking us to in writing;
b) Iris Speaks goes into liquidation or a receiver or an administrator is appointed over its assets;
c) Iris Speaks changes these Terms under clause 4 to your material disadvantage; or
d) there is a risk of substantial delay caused by an event outside of our control.
12. Making an Appointment
12.1 You may book an Appointment with an Iris Speaks team member or Therapist via the Platform. The Appointment will occur via video conference and the duration will depend on the type of appointment. Appointments will typically be offered between the hours of 8am to 8pm local UK time, however extended hours may be available at our discretion. Appointments may be made 7 days a week, subject to availability.
12.2 When booking your initial Appointment, you will be required to provide short details about your speech and language issue and then select a time slot in which you would like to attend your Appointment. All Appointment times are quoted in local UK time. Where you will be outside the United Kingdom during your Appointment time, you will be responsible for calculating any time difference.
12.3 You may check and correct any input errors in your Appointment order up until the point at which you submit your request for an Appointment by clicking the “Confirm Appointment” button on the checkout page. Iris Speaks is not obliged to accept your request for an Appointment and may at our discretion decline to accept your request for an Appointment. If we are unable to accept your request we will inform you via email and will not charge you for the Service.
12.4 Where Iris Speaks accepts your Appointment request, we will confirm by email to the email address provided at the time of booking details of your Appointment.
12.5 Iris Speaks reserves the right to deny any person access to the Platform or the Service in the event that that person makes excessive use of the Service (in the reasonable opinion of Iris Speaks) or is abusive or acts inappropriately to any Iris Speaks Therapist or any employee or agent of Iris Speaks. Inappropriate acts include, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’, which shall include cancellations under clauses 14.4, 14.6 and 14.7. In the event of excessive, inappropriate or abusive use, Iris Speaks reserves the right to terminate provision of the Service and your use of the Platform (including deletion of the User’s account and information) immediately.
13. Payment Terms
13.1 The price of an Appointment will be quoted on the Platform. Prices include any applicable taxes, e.g. VAT, which might apply and are liable to change at any time, but any changes will not affect any existing Appointment already booked.
13.2 Where you are using an “Offer”, the promotion included within the Offer will be applied against the price of the Appointment quoted on the Platform.
13.3 Payments for all Appointments must be made to Iris Speaks by credit or debit card on the checkout page. Iris Speaks accepts most major credit and debit cards.
13.4 You should be aware that online payment transactions are subject to validation checks by your card issuer and Iris Speaks is not responsible if your card issuer declines to authorise payment for any reason. If such payment is not authorised, your right to the booked Appointment shall be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. Iris Speaks is not responsible for this.
14. Amending and cancelling Appointments
14.1 By making an Appointment you give Iris Speaks express consent to provide the Service to you in your chosen time slot and immediately begin preparation for the Consultation, Assessment or Course.
14.2 You may cancel your agreement with us at any time within 14 days of the day on which you receive confirmation of our acceptance of your agreement with us (Cancellation Period). Subject to clause 14.3 below, if you cancel within the Cancellation Period, you will receive a full refund of any monies which you have paid for any Course, Consultation and/or Assessment within 14 days of you notifying us that you wish to cancel.
14.3 If you have booked a Course, Consultation or Assessment and we have begun to prepare for your Appointment (within 48 hours) or provide you with any services within the Cancellation Period and you subsequently choose to cancel the Appointment within that Cancellation Period, then we may reduce the amount of any refund to recover the cost of any services which we have already begun to perform. For refunds upon cancellations in accordance with this clause 14 contact email@example.com
14.4 If you cancel your Appointment after the Cancellation Period has come to an end, Iris Speaks reserves the right to restrict future bookings or to decline any future use of the Service. There is no refund of any monies paid.
14.5 If you amend the time slot of your Appointment outside of the Cancellation Period, this will be deemed a cancellation and there is no refund of any monies paid. In such circumstances, Iris Speaks reserves the right to restrict future bookings or to decline to provide any further Service.
14.6 If you are late for an Appointment by more than 5 minutes, the Iris Speaks Therapist reserves the right to either cancel or to continue with the Appointment. In the case of cancellation, there will be no refund. You may be asked to rebook for another Appointment. In the case of either cancellation or continuation, Iris Speaks reserves the right to restrict future bookings or to decline to provide any further Service.
14.7 To cancel or amend the time of your Appointment as above, you must follow the cancellation process given in the original appointment booking link sent to you by email.
14.8 If you have not been able to attend the Appointment because the Platform is unavailable due to a technical fault caused by Iris Speaks, then Iris Speaks may offer you a refund or an alternative appointment. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets the necessary technical specifications to enable you to access and use the Platform and the Service. These technical specifications will be set out in the email we send you to confirm an Appointment. Any failure by you to attend an Appointment because your equipment does not meet the necessary technical specifications will not lead to Iris Speaks providing you with a refund.
14.9 If you are using an Offer to purchase an Appointment, your refund on cancellation of the Appointment will be based on the amount you paid for your Appointment. If your Appointment using the Offer was free, you will not receive a refund and you will not be able to book an alternative Appointment using the same Offer.
14.10 If a refund is due, Iris Speaks will usually make any refund to you using the same payment method used by you to purchase the Appointment, unless we agree otherwise with you.
15. Speech and Language Therapists
15.1 Iris Speaks Therapists are UK registered speech and language therapists who have undertaken post-graduate training and are HCPC registered, registered with either the RCSLT or ASLTIP and have received bespoke training in virtual consultation skills.
15.2 The Iris Speaks Therapists are all covered with professional indemnity insurance.
15.3 The information, therapy and advice provided by an Iris Speaks Therapist during an Appointment is based on the information you have supplied to Iris Speaks and the Iris Speaks Therapist. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice the Iris Speaks Therapist gives to you and, as such, may have consequences for which we are not responsible.
15.4 In the event that you do not fully understand any information given during your Appointment, it is your responsibility to raise this during your Appointment and the Iris Speaks Therapist who will seek to clarify matters for you.
15.5 We cannot guarantee the quality of therapist feedback, service or results.
16. Our liability
16.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability to the extent it cannot be excluded or limited by any applicable law.
16.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service we provide, whether express or implied.
16.3 We will not be liable to you or any third party for any loss or damage, whether in contract or tort (including negligence), breach of statutory duty or otherwise and whether such loss or damage is foreseeable or not, arising under or in connection with the:
a. use of, or inability to use, our Website, the Platform or the Service; or
b. use of or reliance upon any information, data or content displayed on or contained within our Website, the Platform or provided during the Service.
16.4 We will not be liable in any circumstances (including in contract, tort (including negligence), breach of statutory duty, or otherwise) for the following types of loss or damage, whether deemed to have been incurred directly or indirectly and whether we have been advised of the possibility of such losses or damages being incurred or not:
a) loss of profit;
b) loss of revenue or loss of sales;
c) business interruption;
d) third party losses;
e) loss of anticipated savings;
f) loss of data; or
g) loss of business opportunity, goodwill or reputation.
16.5 We will not be liable in any circumstances (including in contract, tort (including negligence), breach of statutory duty, or otherwise) for any consequential loss or damage.
16.6 We will not be liable to you or any third party for any loss or damage which is caused by any act or omission which is outside of our reasonable control, including without limitation any act or omission by us and of any third parties who may provide materials and information to us. If our supply of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a material risk of a substantial delay, you may contact us to end the supply of the Service which is affected or which may be affected by the delay to you, or to cancel an Appointment and receive a refund for any Appointments you have paid for but not received.
16.7 We 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 the Platform or to your downloading of any content on it, or on any website linked to it, or any use of the Platform or the Service. Subject to the rest of Section 16 (above), we limit our liability to you to damages only and the level of such damages for any incident or series of related incidents shall not exceed the sum of £10,000.
17.1 You may not transfer or assign any or all of your rights or obligations under any of these Terms.
17.2 All notices given by you to Iris Speaks must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when registering on the Platform.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of the Terms.
17.4 If we fail to enforce any of our rights, that does not result in a waiver of that right.
17.5 If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
17.6 These Terms and any matter, dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with these Terms, its subject matter or formation are governed by English law and you and we submit to the exclusive jurisdiction of the English courts to the extent permitted by applicable law. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or the English courts.
18.1 Iris Speaks welcomes all feedback and you can contact us by phone on 0800 011 9535 (UK only) or by email on firstname.lastname@example.org
18.2 If you have a complaint, Iris Speaks will always endeavour to resolve the issue quickly and easily often at the time that they arise.
18.3 In the event that you would like to make a formal complaint you should do so as soon as possible. This will help us to establish what happened most easily. If this is not possible, your complaint should be submitted within 12 months of the incident that caused the problem; or within 12 months of discovering that problem.
18.4 You should make your complaint in writing by email to email@example.com or by post at Iris Speaks, 707 The Crescent, 2 Seager Place, London SE8 4HQ. You should be specific and concise and always include client full name, client number, address and complaint details.
18.5 The Iris Speaks team will ensure that an Iris Speaks team member will deal with your concerns promptly and in the correct way.
18.6 If you are not the client, but complaining on their behalf, you must have their permission to do so.
18.7 Iris Speaks will acknowledge your complaint within 3 working days and will aim to have fully investigated it within 20 working days from the date it was received. Any delays will always be communicated with you.
18.8 When we look into complaints, we will investigate the circumstance; make it possible for you to discuss the circumstances and problem with those concerned; ensure you receive an apology if appropriate and take steps to ensure the problem does not occur again.
18.9 You will receive a final letter setting out the result of any investigation.
18.10 If you remain dissatisfied, you may refer the matter to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
19. Contact Iris Speaks
Please submit any questions you have about these Terms or your Appointment by email to firstname.lastname@example.org, by telephone on 0800 011 9535 between the hours of 9.00 am and 5.00 pm UK time Monday to Friday, or write to Iris Speaks at: Iris Speaks, 707 The Crescent, 2 Seager Place, London, SE8 4HQ.