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Splinx Terms and Conditions

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Introduction

Welcome to Splinx!

These terms and conditions apply between you the User of the Website and Splinx, Ltd., hereby referred to as Splinx, the owner and operator of this Website.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree with these terms and conditions, you should stop using the website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Splinx and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Splinx and accessing the website in the connection with the provision of such services.

By using the Website and agreeing with these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and acceptable use

1. In these terms and conditions, Content means any text, graphics, images, audio, video, software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. All Content included on the Website, unless uploaded by Users, is the property of Splinx, our affiliates or other relevant third parties. You acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's special written permission.

2. You may, for your own personal, non-commercial use only, do the following: a. Retrieve, display and view the Content on a computer screen. b. Download and store the Content in electronic format on a disk (but not on any server or other storage device connected to a network) c. Print one copy of the content

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Splinx, Ltd.

4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute, or otherwise publish through the website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; may contain software viruses, political complaining, chain letters, mass mailings, or any other form of “spam”. You may not use a false e-mail address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

5. You represent and warrant that you own or otherwise legally control all the rights to the Content you post; that the Content is accurate, that the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Splinx, Ltd for all claims resulting from Content you supply.

Prohibited use

6.You may not use the Website for any of the following purposes:
a. In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation or governmental order;
c. Making, transmitting or storing electronic copies of Content protected by copyrights without the permission of the owner.

Splinx Matching Service

7. Splinx offers a web platform that provides a Matching Service between two types of Users. In order to have access to our Matching Service, users must register as one of the following options:
a. Individuals looking for a professional
b. Professionals

Individuals looking for a professional

8. These are Users that intend to find a professional dedicated to disability and special needs for themselves or on behalf of someone else. These Users include, but are not limited to, disabled people, parents or carers of people with disability and special needs or institutional services such as schools or elderly homes that are in need of special needs professionals.

Professionals

9. These are users that are legally qualified and/or possess the right experience to work with people with disability and special needs. Splinx accepts registration from the following professionals:
a. ABA consultants
b. ABA tutors
c. Adapted swimming teachers
d. Art therapists
e. CBT therapists
f. Clinical hipnotherapist
g. Clinical psychologists
h. Dramatherapists
i. Educational psychologists
j. Early Start denver Model (ESDM) therapist
k. Mindfulness Based Cognitive Therapist (MBCT)
l. Music therapists
m. Occupational therapists
n. Personal assistants
o. Physiotherapists
p. Play therapists
q. Positive behaviour support practitioner
r. Psychomotor therapist
s. SEN teacher
t. SEN tutor
u. Special needs nannies
v. Speech and language therapists

10. Professionals must comply with the following:
a. Professionals are not employees of Splinx and are solely responsible for their actions both on and off the platform.
b. Professionals must be at least 18 years old.
c. Professionals must be legally entitled (possessing the relevant immigration status) to work in the UK on a self-employed basis.
d. Professionals are responsible for ensuring that the personal information they provide and their personal statements on the website are accurate and in no way misleading. They must update this information to maintain its accuracy.
e. Professionals claiming DBS Checked Status must meet the necessary requirements.
f. Professionals must use their own judgment about whether they wish to offer their services when matched to an Individual looking for a professional.
g. Professionals should take every precaution to ensure that they work in a safe environment and are responsible for their own insurance policies to cover the work they undertake.
h. Professionals are responsible for setting their own fee. They must not knowingly charge a fee which is not in line with their level of expertise or experience.
i. Professionals agree that they will be rated and reviewed by clients that they match.
j. Professionals should respond to messages received from Users promptly.
k. We may retain personal data from closed accounts for a maximum of 24 months in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, resolve disputes, and assist with any investigations and take other actions as permitted by law.
l. Professionals shall indemnify Splinx for all claims and liabilities arising out of any use by the professional of the Website, including costs and expenses incurred.
m. Any Professional who fails to meet these Terms and Conditions may be immediately barred from using the Website and related services.

The Matching Service

11. The website will allow Individuals looking for professionals to search, filter and match Professionals using search criteria, such as location, years of experience, professional field, qualifications, hourly rate, client’s age range, weekly availability and the existence of references and DBS check. When a match is established, Splinx matching service will suggest a number of relevant candidates that match such criteria. Individuals looking for professionals can then select the suggested professional and read their personal profile. If interested in contacting any of the matched Professionals, Individuals looking for a professional can do so making use of Splinx message service or contacting them directly through their phone number or email,if this information is displayed on the professional's CV.
12. The information provided by both Users is the exclusive responsibility of these Users. The quality and accuracy of the Matching Service provided by Splinx is directly dependent on the veracity and accuracy of this information. All direct contact via telephone calls, e-mail, face to face communication, interviews, or any further contractual agreements between the matched Users is the full responsibility of the Users.
13. The Matching service is currently operating within the United Kingdom only, and users registration will only be accepted when a UK postcode is given.

Guest Writers blog posts

15. Splinx often invites guests to collaborate with us to write blog posts related with their areas of expertise. All information, thoughts, and opinions expressed in these blog posts are the sole responsibility of their author and Splinx is not to be held responsible for any false information presented, although we will make our best to verify the veracity and accuracy of each blog post.

Registration and Personal Profile

16. In order to access the Matching Service, Users are required to register with Splinx and create a personal profile that will be used to generate matches.
17. You must ensure that the details provided by you, the User when completing the registration form and personal profile are at any time correct, accurate and complete.
18. To register as an Individual looking for a professional you must provide the following details:
a.Name
b.E-Mail
c.Postcode
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively and improve the accuracy of the matching service provided by Splinx.

19. To register as a Professional, Users must provide the following details:
a. Name
b. E-mail
c. Location
d. Years of Experience
e. Professional Field
f. Qualifications
g. Hourly Rate
h. Client’s Age Range
i. Weekly Availability
j. References
k. DBS Check

Professionals are responsible for assuring that the information provided on thier personal profiles is accurate, reliable and updated at all times. You must inform us immediately of any changes to the information that you provide when registering by updating your personal profile details to ensure we can communicate with you effectively and improve the accuracy of the matching service provided by Splinx. You may cancel your registration at any time.

20. You agree that you will not (i) create multiple user accounts; (ii) create an account on anyone else's behalf unless authorised to do so; (iii) let anyone else use your account; or (iv) impersonate another user.

Suspension or Termination of your Account

21. We reserve the right, acting reasonably, to immediately suspend or terminate your account if:
a. You breach these User Terms and Conditions;
b. Information you have provided (whether during the sign-up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these Terms and Conditions;
c. You are in breach of any applicable law or regulation, or send material which is defamatory, abusive, obscene, discriminatory or otherwise inappropriate;
d. When using the Service, you infringe any intellectual property rights belonging to us or a third party;
e. You violate any Splinx User's privacy (or those of a third party);
f. You use the Service for any purpose not expressly permitted by these User Terms and Conditions;
g. It comes to our attention (via another User) that, whilst using the Service, you acted or are acting inappropriately or in an unsafe manner; or
h. You have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your account.

If we suspend your account, you will no longer be able to log in to the Service and will not be able to use Splinx, Ltd. Service. If we terminate your account under clause 22, we are not obliged to refund any payment paid by you.

Links to other websites

21. This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of Splinx, Ltd. or that of our affiliates.

22. We assume no responsibility for the content of such Websites and disclaim liability for any or all forms of loss or damage arising out of the use of them.

23. The inclusion of a link to another site on this Website does not imply any endorsement of these sites themselves or of those in control of them.

Privacy Policy

This Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following link Splinx Privacy Policy

Availability of the Website and Disclaimers

Any online facilities, tools, services or information that Splinx makes available through the Website is provided “as is” and on “as available basis”. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Splinx is under no obligation to update information on the Website.

We will use our best endeavors to ensure that the Website is secure and free of errors, viruses, and other malware; however, we give no warranty or guaranty in that regard and all users take responsibility for their own security, including private accounts and passwords safe, as well as personal details and their computers. While we will do our best effort to ensure that the website remains functional at all times, Splinx accepts no liability for any temporary disruption or non-availability of the website. Splinx, Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.

Limitations of Liability

To the maximum extent permitted by law, Splinx, Ltd. accepts no liability for any of the following:
Any business losses, such as loss of profits, income revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
Loss or corruption of any data, database or software;
Any special, indirect or consequential loss or damage.

Splinx does not employ the Professionals matched through the Service. Furthermore, Splinx, Ltd. assumes no responsibility for the quality of the therapeutic, educational or care services provided by any Professional registered with us, nor any act, omission or wrongdoing of any professional. We will, however, follow up on any complaints regarding a Professional registered with us and take appropriate measures. Splinx makes no representation or warranty whatsoever as to whether Individuals looking for professionals will find the suggested Professionals relevant, useful, correct, satisfactory or suitable to their needs.

Splinx cannot legally guarantee the verification of degrees, qualifications, license, certification, credentials, competence, or background of the Professionals registered with us. Individuals looking for professionals must take appropriate measures to verify the identification and documentation of any professional that they wish to hire. We will exclusively facilitate the connection based on the requirements of Individuals looking for professionals and the information provided by the Professionals. Splinx is not involved with the actual substance of that relationship and does not validate or control any of the services provided by the Professionals. Users agree, confirm and acknowledge that they are aware of the fact that they should meet, interview, and assess the background veracity of the Users they match through. Splinx strongly recommends Individuals looking for professionals to require a DBS from any Professional before any agreed contracts.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the term and conditions regularly to ensure familiarity with the then current version. Users will be informed when there is an update of our Terms and Conditions via e-mail.

These terms and conditions together with the Privacy Policy and the Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken in relation to the terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or enforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subjected to the exclusive jurisdiction of the English and Welsh Courts.

Content Storage

We reserve the right to establish general practices and limitations regarding the storage of content on this Website, including the maximum number of days that messages, in-mails, postings or other content will be retained by us on the Platform, the maximum number of messages or in-mails that may be sent by or received by an account and the maximum size of messages, in-mails, postings or other contents.

We shall not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under Your Account or any other part of this Website.

Splinx, Ltd Details

Splinx, Ltd. is a company incorporated in England and Wales with a registered number .... whose registered address is …. and it operates the Website www.splinx.co.uk. The registered VAT number is.....You can contact Splinx, Ltd. by e-mail on splinx@.....


Splinx Privacy Policy

We take your privacy very seriously. Splinx will only use your personal information in accordance with the terms of our privacy policy. By using the App, you acknowledge and agree that you have read and accepted the terms of our app privacy policy.

Disclaimer / Liability

Splinx will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Website, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

Nothing in these Terms shall be construed as excluding or limiting the liability of Splinx or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Splinx’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Splinx in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Splinx and its group of companies.

Information that we collect

When you visit the platform as a User, you may also be asked to upload personal identification documents about yourself, such as a driving license, passport, or Disclosure and Barring check, and may be asked to provide personal banking details, payment information, such as credit or debit card information.

When you visit the platform and register with Splinx, you may be asked to provide information about yourself including your name, address, and contact details.

We may also collect information about your usage of the platform and information about you from the messages you post on the platform, including but not limited to messages exchanged between Users, files you upload, and your communications with us via email and SMS.

We collect technical data about your use of the Website, including the device and browser that you are using, your IP address, your time on the Website and the pages that you have visited.

We may ask for your payment information, such as debit or credit card details. All payment card information is handled by a third party. We do not handle any payment card information ourselves and are not PCI compliant.

Technical information used to identify you, such as login information, your IP address and the browser used to access the site.

We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.

How we use your data

Your information will enable us to provide you with access to the relevant parts of the platform and to supply the services you have requested.

We will use your personal information to enable a match between users seeking special needs professionals and the professional. Payment and bank detail will be used to charge a membership fee.

If you are a Professional, your Identity documents will allow us to comply with Know Your Customer legislation, Recruitment Agency legislation.

Your platform use and messaging history will allow us to provide you access to your communications history, and help us to settle any disputes that may arise.

Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, SMS or e-mail.


If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by contacting us on info@splinx.co.uk.

We may retain personal data from closed accounts for a maximum of 7 years in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, and assist with any investigations and take other actions as permitted by law.

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and/or services that you request from us;


We may combine the information we receive from other sources with information you give to us and the information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

We retain personal data from closed accounts in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations and take other actions as permitted by law.

We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.

The purpose for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.


Privacy ploicy image

Use of Cookies

Cookies are small bits of text that are downloaded to your computer or mobile device when you visit a website. Your browser sends these cookies back to the website every time you visit the site again, so it can recognise you and can then tailor what you see on the screen. We use cookies for two main purposes:

For the site to operate we use cookies to, for example, save login information, record when you have returned to the site, and during the booking and payment processes.

For analytical purposes to record visits to the site, to see how visitors navigate through the site, and to record which pages have been visited. We may use third-party cookies for this purpose.

You may block cookies by activating a setting on your browser that allows you to refuse the setting of all or some cookies. By doing so, you may not be able to access all or parts of our site.

For more information please read the advice at AboutCookies.org.

Storing Your Personal Data

In operating our platform it may become necessary to store and transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.

Unfortunately, the sending of information via the internet is not totally secure and on occasion, such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.

Disclosing Your Information

We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:


Subject Rights

In accordance with the Data Protection Act 1998, you have the right to access any information that we hold relating to you.

Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the below.


If you wish to exercise any of the rights set out above, please contact us at info@splinx.co.uk.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.

Disclaimer

This privacy policy was last updated on 9th of April 2019. Our privacy policy may change from time to time. If we make any material changes to our policies, we will place a prominent notice on our website or application. If the change materially affects registered users, we will notify you of the new term immediately by email, push notification or text.

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Contact us

As the Splinx community grows, we want to
hear your thoughts on how we can shape it to
fit your needs. If you have any suggestions,
questions, or would like some more information,
please fill the contact us form or connect with
us through our social media platforms.

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