StoriBoard Booking Terms
StoriBoard Booking Terms
Please read these Booking Terms (“Our Terms”) carefully before you complete any transactions via our Website or our App (“Booking Platform”) as Our Terms will apply to your transaction.
If you do not accept Our Terms, you must not make a booking through the Booking Platform.
Your attention is particularly drawn to the limitations of liability set out in the sections headed “Resolving issues” and “Liability”.
Please also read Our Website and App Terms of Use and our Privacy Policy which also apply to any transactions you make on our Website or our App
Introduction
Thank you for choosing StoriBoard, a great place to book Experts by Experience to provide one-to-one emotional recovery sessions.
Our Terms together with any terms and policies referred to in them constitute a legally binding agreement between you, (the “Customer”) and PH100 Ltd (“StoriBoard”, “we”, “us” or “our”). PH100 is a private limited company registered in England and Wales with company No. 12219023.
Use of our site
Please read Our Website and App Terms of Use carefully and thoroughly. By using our Booking Platform, you also agree to comply with Our Website and App Terms of Use. If you do not accept Our Website and App Terms of Use, you must not make a Booking through StoriBoard for any Professional Service (as defined below).
StoriBoard’s role
StoriBoard provides a booking service (the “Booking Services”) via our Booking Platform. The Booking Services allow you to book and pay for one-to-one emotional recovery sessions (the “Professional Services”) that are performed, in each and every case, by independent self-employed professionals (the “Independent Professionals,” also known as “EbEs”).
Professional Services: The legal implications of the above is that when you purchase Professional Services, it will create two binding legal contracts:
a contract between you and StoriBoard (under which StoriBoard has certain responsibilities to you in relation to the booking of Professional Services (the “StoriBoard Contract”)). That contract is made in accordance with Our Terms; and
a contract between you and the relevant Independent Professional in respect of the provision or supply of the Professional Services which you book through the Booking Platform (the “Professional Services Contract”). The Professional Services Contract is subject to certain provisions of Our Terms including the cancellation policy set out below and is available here
All Professional Services, available on our Booking Platform are made available by StoriBoard on behalf of its Independent Professionals. That is, StoriBoard takes and concludes your bookings as a commercial agent for the Independent Professionals. Therefore, we are not responsible or liable to you for the actual Professional Services that are booked through our Booking Platform (including those Professional Services purchased using StoriBoard Gift Codes). StoriBoard is simply involved with, and only responsible for, the Booking Services.
For Professional Services our receipt of full payment from you will satisfy your debt to the relevant Independent Professional in respect of that booking. Though we will assist with certain practical issues on behalf of the relevant Independent Professional, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Professional Service provided by any Independent Professional.
Notwithstanding the foregoing, StoriBoard remains responsible in respect of its obligations to you in accordance with Our Terms, which shall be legally binding.
If you have any questions, complaints, or requests for refunds, we can be contacted directly at help@storiboard.co.uk. StoriBoard will remain the point of contact for you for customer service questions.
Eligible use
You are not eligible to use the Booking Services if you are under the age of 18.
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Your rights
As a consumer, you have legal rights in relation to the Professional Services that are not performed with reasonable care and skill or are otherwise not as described through our Booking Platform. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in Our Terms will affect these legal rights.
Booking Professional Services
When you book Professional Services through our Booking Platform, you make a booking for a particular Professional Service from your chosen Independent Professional (a “Booking”). Our Independent Professionals are under a legal duty to provide Professional Services which conform to the Professional Services Contract.
Before making a Booking you must review an Independent Professional’s profile on our Booking Platform. If you choose to make a Booking, you will then be required to pay the applicable fee charged by your chosen Independent Professional for the Booking (see the section below headed “Prices” for more details on this fee. Our booking process allows you to check and amend any errors before submitting your Booking. Please take the time to read and check your Booking at each stage of the process and before finally submitting your Booking.
We are appointed as the commercial agent of the Independent Professional to facilitate Bookings on their behalf and we will provide a confirmation email to you (“Booking Confirmation”). On receipt of our Booking Confirmation, the Professional Services Contract is made between you and your chosen Independent Professional.
Your Booking Confirmation is your receipt. Please see the ‘Prices’ section below in relation to VAT.
Your payment details will be requested at the time of booking and full payment of the Booking Price is due and will be collected when you make a Booking.
By making a Booking, you are responsible for full payment of the applicable Booking Price (as defined in the section below headed “Prices”).
Please note, as set out in our Website and App Terms of Use, we reserve the right to withdraw access to our Website and/or our App and/or cancel any booking in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
Prices
You will pay one price for the service you buy through our Booking Platform (“Booking Price”). The Booking Price is made up of a payment to the Independent Professional for the Professional Services (“Professional Services Fee”). We will be responsible for paying the Professional Services Fee to the Independent Professional.
The Booking Price will vary according to the type and duration of the Professional Service you book. All prices are as stated on the Booking Platform at the time you book.
The Independent Professional has full responsibility for accounting for any VAT on the total value of the Professional Services they provide and many Independent Professionals are not VAT registered.
We do not charge you VAT on the Professional Services as they are provided by the Independent Professional, not by us. As a result, we cannot provide you with a VAT invoice in respect of your Booking. Where applicable, you will need to contact the Independent Professional directly to obtain a VAT invoice.
Payment
We, as the Independent Professional’s agent, collect or instruct a third party to collect the Booking Fee from you. Receipt by us of the Booking Fee will be in full payment of the amount due from you to the Independent Professional in respect of your Booking.
All amounts are payable through our Website via Stripe, Paypal or a similar payment facility (“Payment Facility”). We take reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
We will do what we reasonably can to ensure that all of the information you give us when paying for the Professional Service is secure. However, in the absence of negligence on the part of StoriBoard, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
Your responsibilities
You must:
act with suitable consideration for an Independent Professional in relation to a Booking;
not, whilst attending a Booking, act in any way which is offensive, inappropriate, rude, illegal or which might cause distress to others (including, but not limited to, engaging in inappropriate behaviour, such as sexually suggestive remarks or advances, excessive drinking, drug use);
provide us with accurate information and ensure that all details we hold about you (including your email address) are up to date and valid;
not deal with an Independent Professional in any way which could be deemed to be harmful to the business or reputation of StoriBoard or do anything which might adversely affect our relationship with an Independent Professional;
only contact an Independent Professional via the Booking Platform;
Not attempt to contact an Independent Professional directly until you have received a Booking Confirmation;
refrain from soliciting an Independent Professional directly for engagement in further services and you agree that such solicitation will only be made through the Booking Platform;
use the App in accordance with Our Terms (and also in accordance with Our Website and App Terms of Use) and not in any way which could be determined to be harmful to the business of StoriBoard or which may affect the reputation of StoriBoard or which may affect the use and enjoyment of the App by any other users or third parties;
where applicable, only provide us with credit or debit card details where you are the sole account holder.
In addition to the other responsibilities set out in Our Terms it is your responsibility to provide complete and accurate information at the time of booking or purchase. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your Booking or an inability of the Independent Professional to provide the Professional Service as requested. Such failure may also result in loss of your Booking.
It is your sole responsibility (on your own behalf) to communicate to us in advance any health-related conditions and/or special needs that might affect the delivery of the Booking or the Professional Services (for example without limitation, high blood pressure). If you fail to disclose any such information to us or the applicable Independent Professional, neither we nor the relevant Independent Professional shall be liable to you for any injury, loss or damages resulting from the Professional Services that could reasonably have been avoided if you had disclosed that information prior to receiving the Professional Services.
When interacting with any Independent Professional you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
Rescheduling or cancelling a Booking
If you need to reschedule a Booking you may do so via the Booking Platform with 2 hours or more notice prior to the agreed start time of that booking (the “Booking Time”).
Where you reschedule via the Booking Platform, as set out in the paragraph above, you will be able to re-book with the same Independent Professional (subject to their availability) for a new Booking which commences 24 hours or more after the original Booking Time.
You may cancel your Booking and obtain a full refund of the Booking Price if you cancel via our Booking Platform at least 24 hours prior to the Booking Time.
If you cancel a booking within 24 hours prior to the Booking Time, then we will be entitled to retain one hundred per cent (100%) of the Booking Fee (“Cancellation Fee”).
We will also be entitled to retain the Cancellation Fee if you:
cancel a Booking other than as permitted above; or
fail to attend the Booking at the Booking Time.
A Cancellation Fee is charged in order to compensate the Independent Professional because it is not reasonable to expect the Independent Professional to be in a position to provide a Professional Service for another Booking where you cancel with short or no notice.
In the event of the Independent Professional cancelling a Booking, the Booking Price will be refundable. Furthermore, you agree that if an Independent Provider wishes to cancel or reschedule a Booking they may do so through the Booking Platform.
Refunds: Any refund due to you will be processed as soon as possible. Refunds are made using the same method originally used by you to pay for your purchase and appear on your statement within 30 business days.
Discount codes and referrals
We may from time to time create and offer promotional codes and referral codes (together the “Codes”) that can be redeemed against Bookings. Codes will only be valid for the period of time stated on or with them. Codes do not have any cash value. Codes may:
only be used for personal and non-commercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through a public site, such as coupon sites) or by other means;
not be promoted in any way, including via a search engine;
not be exchanged for cash;
only be used once and only one Code may be used per person; and
be subject to specific terms which will be made available by us and must only be used in accordance with those terms.
In addition, from time to time we may issue referral Codes to allow you to refer friends and family to make a Booking.
Discounts cannot be used in conjunction with any other offers or discounts.
Intellectual Property
StoriBoard, the StoriBoard logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Booking Platform, the Booking or the Professional Services (whether registered or unregistered) belong to us or our licensors and are protected by intellectual property law. Nothing (whether in Our Terms or otherwise) grants you any rights in any of the above.
Resolving issues
As we are an introducer, we are not liable or responsible for the fulfilment of any Booking or the performance of (or any failure to perform by) the Independent Professional. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent Professional or any Professional Services, however we will, where possible, try to assist by providing the services around resolving disputes and complaints.
We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Independent Professionals and/or their Professional Services, please either:
speak to the Independent Professional yourself to try and resolve the issue; and/or
contact us on help@storiboard.co.uk and we will do our best to help.
Following receipt of a complaint, we will contact the Independent Professional to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Independent Professional, if we consider it to be fair in all the circumstances, we may, at our sole discretion, elect to:
give you a credit note for the disputed/complained about amount of your Booking which you can redeem on the Booking Platform to reduce the purchase price of any future Booking; or
as a last resort or in extreme circumstances and always at our sole discretion, refund the disputed/complained about amount directly to you via the original method of payment. Please note that it might take up to 30 days to receive a full refund in such cases.
IMPORTANT NOTE: PLEASE DO BEAR IN MIND THAT WHILST WE TAKE ALL COMPLAINTS ABOUT OUR INDEPENDENT PROFESSIONALS VERY SERIOUSLY AND WILL ALWAYS TRY TO DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE PROFESSIONAL SERVICES WHICH THE INDEPENDENT PROFESSIONALS PROVIDE AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH THE PROFESSIONAL SERVICES WHICH YOU HAVE RECEIVED FROM THE INDEPENDENT PROFESSIONALS.
LIABILITY
As noted above, we introduce individuals seeking Professional Services from Independent Professionals intending to provide such Professional Services. We are not liable or responsible for the fulfilment of any Booking or the performance of (or any failure to perform by) the Independent Professional.
The Independent Professionals are independent contractors of the Customer and/or independent business owners and not employees, partners, representatives or agents, joint venturers, independent contractors or franchisees of StoriBoard.
You hereby acknowledge that StoriBoard does not supervise, scope, direct, control or monitor the Professional Services and expressly disclaims (to the extent permitted by law) any responsibility and liability for the Professional Services.
As referenced later in this section, Independent Professionals are subject to a review process before they can complete their EbE profile, which may include: identity verification, interviews and criminal background checks, using third party services as appropriate (“Background Checks”).
Although StoriBoard may perform or require evidence of Background Checks, StoriBoard cannot confirm that any Independent Professional is who they claim to be and StoriBoard does not assume any responsibility for the accuracy or reliability of information provided in any Background Checks.
Any reference to an Independent Professional being qualified in some manner, or “badged”, “rated”, “background checked” or “vetted” (or similar language) indicates only that the Independent Professional has completed the relevant account set up process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by StoriBoard of such an Independent Professional’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of any Independent Professional whom you contact or interact with on the App.
Whilst we endeavour to ensure the Bookings advertised on the Booking Platform are of a satisfactory quality we offer no warranty as to the Professional Services or the Independent Professional’s suitability for your requirements. Similarly, we will have relied on the Independent Professional for details about the Professional Services provided on the Booking Platform and we offer no warranty in relation to these details.
Although we hope the Professional Services are beneficial to you, you agree and acknowledge that the Professional Services may not be the appropriate solution for your/everyone's needs and that the Professional Service are not appropriate for every particular situation and/or a substitute for certain mental health needs that might require other solutions or treatments, including, without limitation, in-person therapy services or medical advice.
The App is not intended for the provision of medical advice, a clinical diagnosis or for professional therapy. It is also not intended for any information regarding which medication or medical treatment may be appropriate for users and users should disregard, and not rely upon, any such advice if delivered through the App.
Customers should not disregard, avoid or delay in obtaining in-person care from their doctor or other qualified professional because of information or advice received through the App.
ANY PERSON USING THE APP WHO IS THINKING ABOUT SUICIDE OR CONSIDERING HARMING ONESELF OR OTHERS OR WHO FEELS THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF THERE IS A MEDICAL EMERGENCY, MUST IMMEDIATELY CALL THEIR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT EMERGENCY SERVICES IN THE COUNTRY WHERE THEY ARE BASED. THE APP IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND NEITHER STORIBOARD, STORIBOARD EMPLOYEES NOR THE INDEPENDENT PROFESSIONALS CAN PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
WHEN ONBOARDING INDEPENDENT PROFESSIONALS, WE ASSESS THEM SOLELY FOR THEIR SUITABILITY FOR OUR APP. THIS INCLUDES VERIFYING THEIR EXPERIENCE, CHECKING DBS CERTIFICATES AND CARRYING OUT AN IDENTITY CHECK. HOWEVER WE, AND YOU ACKNOWLEDGE AND AGREE THAT WE, DO NOT GUARANTEE OR WARRANT, AND MAKE NO REPRESENTATIONS REGARDING THE RELIABILITY, QUALITY OR SUITABILITY OF THE INDEPENDENT PROFESSIONALS AND HAVE NO OBLIGATION IN RESPECT OF ANY PROFESSIONAL SERVICE THEY MAY PROVIDE.
NOTHING IN OUR TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT AND NOTHING IN OUR TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY IN RESPECT OF ANY: DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF STORIBOARD, FRAUD OR FRAUDULENT MISREPRESENTATION BY STORIBOARD OR ANY MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR US TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, OUR LIABILITY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY ERRORS IN OR FAILURE TO PROVIDE THE PROFESSIONAL SERVICES DUE TO YOUR ERROR OR FAILURE TO PROVIDE ACCURATE AND COMPLETE INFORMATION.
WHERE WE HAVE BEEN NEGLIGENT AND/OR BREACHED A CONTRACTUAL OBLIGATION TO YOU, WE WILL BE LIABLE FOR ANY LOSS OR DAMAGE YOU SUFFER AS A RESULT, PROVIDED THAT LOSS AND/OR DAMAGE IS FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR NEGLIGENCE OR BREACH OF CONTRACT OR WOULD HAVE BEEN CONSIDERED BY YOU AND US TO BE A LIKELY CONSEQUENCE OF IT AT THE TIME YOU ENTERED INTO OUR TERMS. SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT WE TAKE IN RELATION TO THE BOOKING TO WHICH THE CLAIM RELATES.
WE DO NOT ACCEPT ANY LIABILITY FOR THE FOLLOWING TYPES OF LOSS, WHETHER CAUSED BY BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE LOSS IS FORESEEABLE: LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS; LOSS OF ANTICIPATED SAVINGS; OR WASTE OF MANAGEMENT OR OFFICE TIME.
NO CLAIM MAY BE BROUGHT AGAINST US (WHETHER IN RELATION TO OUR TERMS OR OTHERWISE) MORE THAN 12 MONTHS AFTER THE BOOKING TIME TO WHICH THE CLAIM RELATES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, COST OR EXPENSE YOU MAY INCUR THAT ARISES FROM OR RELATES TO:
YOUR USE OR MISUSE OF THE BOOKING SERVICES;
YOUR USE OR MISUSE OF THE PROFESSIONAL SERVICES.
YOU AGREE THAT THE ABOVE EXCLUSIONS OF LIABILITY ARE REASONABLE IN ALL THE CIRCUMSTANCES, ESPECIALLY IN LIGHT OF THE FACT THAT OUR SERVICES INCLUDE ONLY THE PROVISION OF THE BOOKING PLATFORM AND RESPONSIBILITY FOR THE PROFESSIONAL SERVICES AND FULFILMENT OF A BOOKING LIES SOLELY WITH THE INDEPENDENT PROFESSIONAL FOR WHOM WE ACT ONLY AS AN AGENT IN A LIMITED CAPACITY.
Changes to these terms and termination
We may change Our Terms from time to time, in which case, up to date versions will be available via the website and/or our App. Every time you wish to make a Booking on the Booking Platform, please check Our Terms to ensure you understand the terms which will apply at that time. If you do not agree to any changes, you must stop using the Booking Services or Professional Services. You will be deemed to have accepted any changes after you have been notified of the changes on our Website and/or Our App and or if you continue to access or use the Website and/or the App following such changes being made.
We may terminate use of the Booking Services and or the Professional Services at any time by giving notice to you.
We may also change, suspend, terminate or discontinue any aspect of the Booking Services or Professional Services by you including availability of certain features at any time for any reason.
General
All communications and notices from you must be sent to help@storiboard.co.uk. We may communicate and give notice to you via email or via the functionality in the Booking Platform.
We reserve the right to deactivate your account in the event of a breach of the Website and App Terms of Use and/or Our Terms and/or where you act in a way that is inappropriate, abusive or otherwise unacceptable towards us or an Independent Professional, either in communications via the Booking Platform, phone or email, or in person.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
You agree that Our Terms for all purposes shall be governed by and construed in accordance with English law. You also agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under Our Terms.