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Terms and Conditions

Last updated: August 16, 2022 (UTC)

1. Object and Validity

1. The Company

Quit Guru Ltd
Company No. 12923600
Registered address: Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX
Email: [email protected]

(hereinafter referred to as the “Company”, or “us” or “we”) operates a platform for mobile listening and reading on the internet website and other websites, as well as on mobile applications (a.k.a. Apps) (the “Platform”). In this context, the Company provides articles, audiobooks (a.k.a. audio guides), digital programs, and other content (the “Content”) related to cognitive-behavioral therapy (a.k.a. CBT) to help people with a range of addictive behaviors.

This allows the Company’s customers to listen, read, and interact with the Content on their personal computer or mobile device through the Platform. The Company’s customers can also purchase Content on the Platform for download into their personal account (the “Account”) library opened with the Company.

2. These Terms and Conditions (the “T&Cs”) govern the entire relationship between you (the “Client”) and the Company.

3. Before the Distance Contract is concluded, the Client will be provided with the text of these T&Cs electronically or in a durable format. If this is not reasonably possible, the Company will indicate, before the Distance Contract is concluded, in what way these T&Cs are available for Client’s review at the Company’s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client’s request.

4. The use of the Platform shall be subject to the following T&Cs in the version valid at the time of the Client’s registration respectively order. The Company does not acknowledge any different T&Cs belonging to the Client unless the Company agrees to their validity in writing.

5. The Client is obliged to carefully read the T&Cs before accepting them and using the Company’s Platform, products, and services.

6. The Client is also advised to read the answers to the “Frequently Asked Questions” published on the Platform.

7. No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between the Client and the Company is based on these Terms and Conditions.

8. The Client accepts the validity and applicability of these T&Cs when continuing to browse and use the Platform, registering an Account with the Company, downloading, or purchasing the Company’s Content, product or service, as the case may be.

9. If the Client disagrees with any part of the T&Cs, they are obliged not to use the Platform and Company’s Content, products and services.

10. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Content or the Company.

2. The Company’s Services and Rights

1. The Company may provide an Account to the Client, which the Client can fill with their preferred free and/or purchased Content available at that time.

2. The extent of the Content and the options to use (the “License”) depend on the type of the Content and the type of the Account:

2.1. In case the Client purchases audiobook Content, audiobook Content availability in the Account will be unlimited.

2.2. In case the Client purchases program Content, program Content availability in the Account might be limited to one-time use to the extent of the program Content duration and subject to Section 6 paragraph 4.

3. All Company’s trademarks and the Company’s trade names, logos, domain names, and other distinctive features of the Company’s trademark are the sole property of the Company. The license does not give the Client any right to use the Company’s trademarks, trade names, logos, domain names, or any other distinctive features of the Company’s trademark, be it for commercial or non-commercial purposes.

4. The Company is allowed to show the Client promotional information on the Platform and via email.

3. Submission and acceptance of T&Cs

1. The Company will provide access to these T&Cs through the Platform.

2. The Client accepts T&Cs once he/she purchases the Content or registers an Account.

4. Billing and payments

1. The Client shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge for paid Content is payable.

2. If Content is offered on a free trial basis, payment may be required after the free trial period ends, and not when the Client enters their billing details (which may be required prior to the commencement of the free trial period) unless stated otherwise.

3. If auto-renewal is enabled for the Content the Client has subscribed for, the Client will be charged automatically in accordance with the term the Client has selected.

4. If, in the Client’s judgment, the Client’s purchase constitutes a high risk transaction, the Company will require the Client to provide the Company with a copy of the Client’s valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

5. The Company reserves the right to change pricing at any time. The Company also reserves the right to refuse any order of the Client.

6. The Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to or cancel an order, the Company may attempt to notify the Client by contacting him/her via email and/or billing address/phone number provided at the time the order was made.

5. Accounts and membership

1. To be able to use the Content, the Client must register an Account on the Platform.

2. The registration of an Account is free of charge and does not oblige the Client to obtain paid Content.

3. By registering an Account without purchasing Content, the Client is executing an agreement with the Company for limited, free use of the Platform.

4. The Client can use their email address as well as a password of their choice to register. Alternatively, the Client may register using a single sign-on service (for example, Google).

5. The Client can register via the Company’s website or using the Company’s mobile application.

6. The Company has the right to save and process the data the Client has provided during registration, in accordance with the provisions on data protection.

7. If the Client is fully responsible for maintaining the security of the Account and for all activities that occur under the Account and any other actions taken in connection with it.

8. Providing false contact information of any kind may result in the termination of the Client’s Account. The Client must immediately notify the Company of any unauthorized uses of their Account or any other security breaches.

9. Company will not be liable for any acts or omissions by the Client, including any damages of any kind incurred as a result of such acts or omissions.

10. Company may suspend, disable, or delete the Client’s Account (or any part thereof) if the Company determines that the Client has violated any provision of T&Cs or that the Client’s conduct or content would tend to damage our reputation and goodwill.

11. If the Company deletes the Client’s Account for the foregoing reasons, the Client may not re-register for a new Account. The Company may block the Client’s email address and Internet protocol address to prevent further registration.

6. Audiobooks and programs

1. The Company allows the Client to purchase audiobook Content through the Platform. Audiobook Content availability is unlimited in time. Audiobook Content purchases can be made on an à la carte basis.

2. The Company allows the Client to purchase program Content through the Platform. Program Content purchases can be made on an à la carte basis.

3. After the Client starts using their purchased program Content, the program Content availability might become limited in days specific to the particular program Content.

4. If the purchased program Content requires the Client to interact with the program Content daily by listening, reading, or taking other necessary actions, the Client is obliged to not skip (miss) program Content days (sessions):

4.1. In case the Client skips (misses) one or more program Content days (sessions), the Client shall not be entitled to a refund due to the fact that the effectiveness of the program Content was in all likelihood impaired by the improper use of the program Content for which the Company cannot be liable;

4.2. In case the Client skips (misses) seven or more program Content days (sessions), the Platform might automatically suspend the Client’s enrollment in the program, effectively restricting the Client from accessing any new Content of the program;

4.3. In case the Client’s enrollment in the program Content has been automatically suspended due to skipped (missed) program Content days, the Client is allowed to restart (start over) their enrollment in the program Content.

7. Distance Contract

1. The Client enters Distance Contract with the Company after the Client purchases Content from the Company on the Platform.

2. As Content consists of digital material, the Client agrees to lose their right to withdraw from the Agreement.

3. The Company makes reasonable efforts to ensure that the Content is available as intended. However, the Content’s accessibility depends on the internet and other services and providers outside of the Company’s control. Using the Content, the Client acknowledges that the Company cannot guarantee that the Content’s provision will be uninterrupted, error-free or that the information it contains will be entirely free from intrusions, unscheduled downtime, or other failures. The Client expressly assumes the risk of using the Platform and the Content.

8. The Client’s obligations

1. The Client agrees to:

1.1. purchase Content on the Platform using a valid credit card or other allowed valid form of payment;

1.2. provide The Company current and complete information as detailed in the purchase order form.

2. If the Company discovers or believes that the Client’s information is inaccurate or incomplete, the Company reserves the right to refuse to confirm the Client’s payment at their sole discretion, and the Client forfeits any right to refund the paid amount.

3. After the Client is transferred to the third party payment services, the risk of loss or damages will pass on the Client and/or third party service.

9. Use of the Content

1. The Company owns all intellectual property rights specified in these T&Cs and relating to the Content. The Client will only be granted a non-exclusive, non-transferable and non-sublicensable license to the Content.

2. Unless expressly otherwise provided, the Content must only be intended for personal and non-commercial use.

3. The Client is not authorized to edit, reproduce, transmit or lend the Content or make it available to any third parties or use it to perform any other acts that extend beyond the scope of the Company’s license.

4. The Company is authorized to enforce intellectual property rights, impose restrictions on the license’s scope or the number of devices or types of devices on which the Content can be used.

5. If the Client acts in contravention of this article, the Company will be authorized to suspend access to the relevant Content, notwithstanding Company’s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.

10. Selling of the Content

1. The Client is prohibited from selling, offering for sale, sharing, renting out, or lending copies online or offline.

11. Privacy Policy

1. The processing of the Client’s personal data is governed by the Privacy Policy, which can be found on the Platform. It is recommended for the Client to print and keep a copy of the Privacy Policy together with these T&Cs.

12. Liability

1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities).

2. The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by email or on the Platform if possible.

3. The liability of the Company is limited to direct losses unless otherwise provided under the applicable laws.

4. Due to the nature of the Content that the Company provides and as the Company cannot control whether the Client diligently follows advice and instructions provided in the Content, the Company provides no warranty as to any results or outcomes coming from using the Content.

5. The Platform may contain hyperlinks and references to other information sources that are not owned and/or controlled by the Company. The Client acknowledges and agrees that the Company is not responsible for the availability of such information sources. Furthermore, the Company is not responsible or liable for any content, advertising, products or other materials on any such third party information sources and therefore the Client agrees that the Company shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods, services available on or through any such information sources.

6. The information, software, Content, products and services included in or available through the Platform may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes to the Platform at any time. Advice received via the Platform should not be relied upon for personal, medical, legal or financial decisions and the Client should consult an appropriate professional for specific advice tailored to the Client’s situation.

7. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the Content, information, software, products, services and related graphics contained on the Platform for any purpose. To the maximum extent permitted by applicable law, all such Content, information, software, products, services and related graphics are provided ‘as is’ without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this Content, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

8. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform, with the delay or inability to use the Platform or related services, the provision of or failure to provide Content, services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Client.

13. Medical disclaimer

1. The Company clearly states that it is not a medical organization and cannot give the Client any medical advice or assistance. Nothing within the Content by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers.

2. The Client is solely responsible for evaluating and assessing their own health. The Company encourages the Client to seek appropriate medical advice or assistance before using the Company’s Content, information, services and/or products.

14. Eligibility

1. The Content is available only to individuals that can form legally binding contracts under the United Kingdom law therefore the Client confirms that he/she is at least 18 years old.

2. If the Client is accessing the Content on behalf of a person who is not 18 years old, the Client confirms that he/she is that person legal guardian and is responsible for that person’s compliance with these T&Cs and will indemnify Company for any losses or damages that Company will suffer as a consequence of failing to comply with these T&Cs.

15. Validity and termination

1. T&Cs come into effect after the Client accepts T&Cs and it shall remain in effect for an indefinite period until termination thereof.

2. The Company may terminate the relationship with the Client by serving a 5-day prior notice to the Client by email in the following cases:

2.1. the Client does not agree with the T&Cs;

2.2. the Client commits any breach of the T&Cs;

2.3. the Client does not provide the information requested by the Company and/or provides incorrect and/or incomprehensible information. Notwithstanding the foregoing, statutory termination rights shall not be affected.

16. Changes to T&Cs

1. These T&Cs, privacy policy and any additional terms and conditions that may apply are subject to change. Changes considered by us as substantial will be implemented with prior notice from the Company under the procedure set forth in this section.

2. The Company shall give notice to the Client of any substantial changes by sending an email to the primary email address provided by the Client. Such changes will be also announced publicly on the Platform.

3. The Client shall be notified about amendments to these T&Cs and any additional terms and conditions that may apply not later than 60 calendar days prior to the effective date of the amendments. The text of the amendments to the conditions shall be provided in English.

4. If before the effective date of the amendments the Client does not notify the Company of its disagreement with the amendments to the T&Cs, it shall be deemed that the Client agrees with these amendments. If the Client disagrees with the amendments to the T&Cs, it shall be entitled to terminate T&Cs free of charge by serving a prior notification to the Company by email before the day on which the amendments will take effect.

17. Communication

1. The Company conducts communication by email. By accepting these T&Cs, the Client accepts communication by email. For this purpose, the Client is requested to have a valid email address and provide it when filling required information as stipulated in these T&Cs. The Client should check their email messages regularly and frequently. Emails may contain links to further information and documents on the Platform.

2. Where applicable laws require the provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Website with a download function to retain such information and documents permanently for future reference. The Client is requested to keep copies of all communications from the Company.

3. The Client may request a copy of these T&Cs or any other contractual document by contacting [email protected]

4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.

5. The Client may contact the Company at any time by sending a message to [email protected]

18. Complaints

1. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected]. By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. The Company will send to the Client a complaint acknowledgment to the email address from the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.

2. Client’s complaints shall be analyzed by the Company free of charge.

3. If the Company’s response to the Client’s complaint does not satisfy the Client or no answer has been provided thereto, the Client has the right to file a claim with the regulatory institutions or courts.

19. Miscellaneous

1. No person other than the Client shall have any rights under these T&Cs.

2. The Client may not assign any rights under the T&Cs to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under these T&Cs in full or in part to any third party.

3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of the United Kingdom, except where prohibited by the applicable laws.

4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.