These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://telmie.com, including all its subdomains, such as https://app.telmie.com, or this mobile application, the Telmie App (“Our Site and App”).

Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with, and be bound by these Terms of Use, is deemed to occur upon your first use of Our Site and App, and you will be required to read and accept these Terms of Use when signing up for a Telmie Account.

If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site and App immediately.

1. Definitions and interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site and App, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and App;

“Customer” refers to the person who receives services from Pros on Our Site and App;

“Embedding Company” refers to a company that embeds the TELMIE technology into their own website or web services;

“Marketplace” means Our platform for Customers and Pros on Our Site and App;

“Pro” means a person who provides services to Customers on Our Site and App;

“Third Party Advertising” means advertising displayed on Our Site and App, provided by third parties;

“Third Party Advertiser” means a party responsible for Third-Party Advertising displayed on Our Site and App;

“User” means a user of Our Site and App;

“User Content” means any Content added to Our Site and App by a User;

“We/Us/Our” means TELMIE UK LTD (trading under “TELMIE”), a limited company registered in England under company number 11553707, whose registered address is 43 Ebury Bridge Road, Unit 7, Ebury Edge, London, England SW1W 8DX, GB.

2. Information about us

Our Site and App is owned and operated by TELMIE UK LTD (trading under “TELMIE”), a limited company registered in England under company number 11553707, whose registered address is 43 Ebury Bridge Road, Unit 7, Ebury Edge, London, England SW1W 8DX, GB.

The Site and App are venues for informational purposes to allow Customers and Pros to meet and interact electronically. Users of the Site, not TELMIE, provide the content in Communications.

The Pros determine what services to provide, to whom and when; Pros are not employees or agents of TELMIE but are independent service providers using the Site and App to offer, or sell, or make otherwise available, their PRO knowledge to Customers and are, as such, along with Customers, simply Users of the Site. In certain cases, the Embedding Company may cover the costs of providing the Service for Users at discounted rates or free of cost.

3. Access to our site and app

Access to Our Site and App is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site and App.

Access to Our Site and App is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site and App (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Customers, and Our Terms for Pros, We will not be liable to you in any way if Our Site and App (or any part of it) is unavailable at any time and for any period.

TELMIE is not involved in the conversations between Customers and Pros and does not refer Customers to or endorse or recommend particular Pros. You understand and acknowledge that TELMIE cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Communications. TELMIE shall not be liable for any acts or omissions of Pros, content in Communications, the ability of Pros to answer questions or the ability of Customers to pay for answers. Notwithstanding the foregoing, TELMIE reserves the right but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.

4. Accounts

Certain parts of Our Site and App (including the ability to buy and sell through the Marketplace) require an Account in order to use them.

You may not create an Account if you are under 18 years of age.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

It is your responsibility to keep your password safe. You must not share your Account with anyone else.

If you believe your Account is being used without your permission, please Contact Us immediately. We will not be liable for any unauthorised use of your Account.

You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 18.

If you wish to suspend or delete your Account, you may do so at any time. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site and App (where applicable). Deleting your Account will also remove access to any areas of Our Site and App requiring an Account for access.

You agree that any content you provide on the Site and in Communications and your use of the Site shall not: (1) be fraudulent, inaccurate or misleading; (2) infringe any third party’s proprietary rights or rights of publicity or privacy; (3) be illegal or violate any international, national, state or local law, statute, ordinance, regulation or ethical code applicable in your country of residence or in the UK; (4) be competitive with TELMIE or the Site; (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or material otherwise adult in nature or harmful to minors; (7) be offensive, abusive, discriminatory, harassing, blasphemous or racist; (8) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (9) create liability for us or cause us to lose (in whole or in part) the services of our ISPs, payment service providers or other suppliers; (10) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or you do not have a right to link to or include and (11) not circumvent, reverse-engineer, attack or in any other way jeopardise the technical safety, authentication or other provisions of the Site.

Once the interaction with the Pro closes, you will be asked to rate the Pro. If you provide a rating of 1-2 stars (which is considered an unsatisfactory rating), you will be asked to provide the Pro with feedback about why you are unsatisfied, so the Pro may try to help you better.

At any time, without notice, for any or no reason, TELMIE reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

5. How it works

TELMIE’s platform allows Customers to find Pros in subject-matter categories, facilitates communication with Pros via chat, VOIP, video conference, emails, and online message boards, and enables delivery of answers to your questions, among other services. Pros typically respond to Customers’ questions in an online conversation via VOIP, video conference or chat. They may request further information before answering your question. TELMIE does not guarantee that you will be in touch with a Pro, who is competent to answer your questions, or that you will be satisfied with your communication with a Pro.

The Service might be embedded by Embedding Companies in third-party websites, and the embedding website might restrict the applicable subject matter categories, the accessible Pros, as well as the charges to use such services at their discretion, or they might provide the Service free of charge.

For the usage of the Service on the Site, in general, a charge per Communication (e.g. fixed amount) or a charge per time period of the duration of the Communication (e.g. fee per hour, fee per minute), or any other charge model, is being charged to the Customer by TELMIE. The charges are defined by the Pros and must be acknowledged by the Customer before initiating a Communication. The charges are due unconditionally, i.e. regardless of whether the PRO was able to answer a question or whether the Customer is satisfied with the result, the quality or the outcome of the Communication.

6. Customers payment account

As part of their profile on the Site, the Customers open and maintain an individual payment account (“TELMIE ACCOUNT”) which can be credited by the Customer manually or by a recurring charge order against the payment source provided by the Customer in his profile. Customers authorise TELMIE to charge Communication charges against their TELMIE account.

Before enabling a Communication, TELMIE may require that a fitting minimum balance is credited and maintained with the TELMIE account; the User may be offered an automatic top-up option. If the balance of the TELMIE is used, TELMIE may interrupt Communication without warning.

When closing an account, the User may choose to have a remaining balance in his TELMIE account refunded to his credit card or other payment option; a transfer to a third party is not permissible. If a User is inactive on TELMIE for more than two (2) years, TELMIE is entitled to close a User account and to refund the balance of a TELMIE account to the credit card or other payment source registered with the User profile. If such refund fails and if the User does not react to at least three consecutive announcements by email to the User’s registered email address(es) over a period of a minimum of three (3) months, TELMIE is entitled to cancel the User account and the balance amount will forfeit in favour of TELMIE.

7. Refunds

If TELMIE believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, TELMIE will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. TELMIE will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

8. Intellectual property rights and use of our site and app

With the exception of User Content, all Content included on Our Site and App and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

Subject to sub-Clauses 8.3 and 8.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site and App unless given express written permission to do so by Us or the relevant User.

You may: access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers); save pages from Our Site for later and/or offline viewing.

The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

Answers of Pros on the Site are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Pros in the «Legal» category will provide only general information about the law and will not provide legal advice nor propose a specific course of action for a Customer. When using the Site, Pros do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Pros in some categories may be licensed, certified, educated, employed by, or have experience in only particular jurisdictions. No professional-client relationships shall be formed on the Site or shall be deemed to be otherwise brokered by TELMIE or the Services.

You may not use any Content (including User Content) printed, saved, or downloaded from Our Site and App for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site and App for general purposes whether by business users or consumers.

Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

9. No reliance on the term “Pro”

The use of the term “Pro” by TELMIE and on the Site is only meant to describe Users who offer to answer questions on the Site, and not to guarantee any particular level of expertise of the Pro. TELMIE does not itself verify the credentials or quality of service of the Pros but relies on User feedback.

TELMIE makes efforts to verify but cannot warrant or guarantee a Pro’s purported identity. For these reasons, TELMIE cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Pros. You acknowledge that TELMIE will not be liable for any loss or damage caused by your reliance on any information or content received in Communications.

10. Links to our site and app

1. You may link to Our Site and App provided that:

you do so in a fair and legal way;

you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

you do not use any logos or trademarks displayed on Our Site and App without Our express written permission; and

you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

2. You may not link to any page other than the homepage of Our Site and App. Linking to other pages (known as “deep linking”) requires Our express written permission. Please Contact Us for further information.

3. Framing or embedding of Our Site and App on other websites requires Our express written permission. Please Contact Us for further information.

4. You may not link to Our Site and App from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

is sexually explicit;

is obscene, deliberately offensive, hateful, or otherwise inflammatory;

promotes violence;

promotes or assists in any form of unlawful activity;

discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

is calculated or is otherwise likely to deceive another person;

is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

implies any form of affiliation with Us where none exists;

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11. Links to other sites

Links to other sites may be included on Our Site and App. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site and App is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

12. Third party advertising

We may feature Third Party Advertising on Our Site and App.

You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

We are not responsible for any Third Party Advertising on Our Site and App. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site and App including, but not limited to, any errors, inaccuracies, or omissions.

13. Disclaimers and legal rights

Nothing on Our Site and App constitutes advice on which you should rely. Information and other materials on Our Site and App are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site and App.

Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site and App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site and App damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

We make reasonable efforts to ensure that Our Content on Our Site and App is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

TELMIE may endeavour to offer to its Users products and services offered by non-TELMIE entities. Placement of information, logos, links or names of such non-TELMIE entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronise any such entity and hold TELMIE harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and TELMIE or between any User (including Customers and Pros) and TELMIE by the formation of this Agreement (or any of the Related Agreements) or by your participation on the Site.

You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our Service or the content on the Site without TELMIE’s prior written consent. We do not knowingly collect personal information from children under fifteen (15) years of age, and if we become aware that a minor under the age of fifteen (15) has submitted personal information to us, we will promptly remove it from our systems.

SUSPENSION OR TERMINATION OF SERVICE. You may terminate your usage of the Site and your account at your sole discretion and at any time by written notice via e-mail to info@telmie.com. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. Any usage fees paid upfront for a certain subscription period will forfeit in the favour of TELMIE.

14. Our liability

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site and App, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site and App.

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site and App or to any Content (including User Content) included on Our Site and App.

If you are a business (i.e. a User using Our Site and App in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We use all reasonable skill and care to ensure that Our Site and App is free from viruses and other malware. Subject to sub-Clause 13.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site and App or any other site referred to on Our Site and App.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site and App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

15. Viruses, Malware, and Security

We exercise all reasonable skill and care to ensure that Our Site and App is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site and App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 14.5, subject to sub-Clause 13.2.

You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site and App.

You must not attempt to gain unauthorised access to any part of Our Site and App, the server on which Our Site and App is stored, or any other server, computer, or database connected to Our Site and App.

You must not attack Our Site and App by means of a denial of service attack, a distributed denial-of-service attack, or by any other means.

By breaching the provisions of sub-Clauses 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site and App will cease immediately in the event of such a breach.

16. Acceptable Usage Policy

You may only use Our Site and App in a manner that is lawful and that complies with the provisions of this Clause 16. Specifically:

When using Our Site and App, you must not communicate or otherwise do anything that:

We reserve the right to suspend or terminate your access to Our Site and App if you materially breach the provisions of this Clause 16 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

17. Privacy and Cookies

Use of Our Site and App is also governed by Our Privacy Policy, available from https://telmie.com/privacy.

18. How we use your personal information (Data Protection)

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://telmie.com/privacy.

19. Payment processing

All Payments are processed in British Pounds £. Payment processing services for Pros on Telmie are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Pro on Telmie, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Telmie enabling payment processing services through Stripe, you agree to provide Telmie accurate and complete information about you and your business, and you authorize Telmie to share it and transaction information related to your use of the payment processing services provided by Stripe.

20. Communications from Us

If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Pros, Terms for Customers, Privacy Policy, or Cookie Policy; and changes to your Account.

We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us, it may take up to 14 days for Us to comply with your request. During that time, you may continue to receive emails from Us.

21. Contacting Us

To contact Us, please email Us directly at info@telmie.com or use any of the options provided on Our contact page https://telmie.com.

22. Changes to these Terms of Use

We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site and App after the changes have been made. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

23. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

24. Booking cancellation policy

24.1. Cancelled, missed or attended late by Client:

Appointments cancelled by the Client more than 4 hours before they are due to start will be fully refunded to the client’s Telmie credit balance.

Appointments cancelled more than 1 hour but less than 4 hours before they are due to start will be partially refunded. The client will receive 50% of the appointment cost back to their Telmie credit balance.

Appointments cancelled less than 1 hour before they are due to start, as well as the appointments that were not attended by the client, will be fully paid by the client to the Pro. No refund will be issued in this case.

Appointments not attended by the Client at all (by the end of its duration) are fully charged. No refund is issued.

Appointments attended by the Client late and picked up by Pro are fully charged. No refund is issued.

24.2. Cancelled, missed or attended late by Pro:

All appointments cancelled by Pro are always fully refunded regardless of the time of cancellation. Clients receive 100% refunds to their Telmie credit balance.

Appointments not attended by Pro at all (by the end of its duration) are fully refunded.

Appointments attended by Pro with more than 10 minutes of lateness are fully refunded.

Appointments attended by Client late but at that time missed by Pro are fully refunded.

24.3. The booking cancellation policy only applied for bookings made automatically through the Telmie booking system.

24.4. Telmie is not responsible for the cancellation of bookings arranged directly between Telmie users without the use of the Telmie automated booking system.

25. Fees

25.1. For an up-to-date list of fees charged by Telmie for the use of the service and for withdrawals, please visit: Charges and Fees

Additional Terms of Use for the participants of the English for Ukraine Programme can be found here.

Last updated: 1 March 2024