There are some important parts of these Terms of Service that we would like to draw your attention to:
Toxic Love provides an online platform where individuals and/or businesses seeking professional support (‘Consumers’) or guidance or advice and individuals and/or businesses (‘Professionals’) willing to sell such knowledge can connect with each other. Collectively, Professionals and Consumers are referred to as Users
Consumers and Professionals enter into a direct contract with each other in relation to the information to be exchanged. Toxic Love with and its affiliates are not a party to that contract so they are not responsible if Consumer or Professional does not do what they have said they will do, or if a Professional provides information, advice or opinion badly or incorrectly described further below.
By accessing and using the Service and complying with these Terms of Service, you consent to receiving calls and text messages from us to your mobile phone, if we consider this necessary in order to facilitate fulfilment of the Service.
The Service is a platform for enabling connections between Consumers and Professionals. Consumers are individuals and/or businesses seeking to obtain advice, expertise or information from Professionals, and are therefore clients of Professionals. Consumers and Professionals together are referred to in these Terms of Service as “Users.” Consumers search for an appointment through the Platform and can contact a Professional willing to provide that appointment. In consideration for providing the Service, we receive a fee from the Professional in respect of all audio calls, video calls and instant messages fulfilled through the Toxic Love platform. Face to face appointments are also available through those Professionals that offer such. The Professional pays a separate fee for offering this option.
Toxic Love does not take part in the interaction between Users in relation to the Service (other than to try to facilitate the provision of an appointment) and is not responsible for the performance of contracts by Users. Otherwise, (i) Toxic Love has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the appointment and the way it is provided, or of any ratings provided by the Users in respect of each other, an appointment delivered by Professionals, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users, and (ii) Toxic Love gives no assurances about the suitability, reliability, timeliness, or accuracy of the appointment requested and provided by Professionals identified through the Service whether in public, private, or offline interactions.
Users may be subject to a verification process before they can register and during their use of the Service. Users hereby give consent to Toxic Love to conduct background checks as often as required in compliance with applicable laws.
Although Toxic Love may perform background checks of Users, as outlined in more above, Toxic Love cannot confirm that each Consumer is who they claim to be and therefore, Toxic Love cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information. When interacting with other Users on the Service you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. Toxic Love will not be liable for any false or misleading statements made by Users of the Service.
Consumers contract for an appointment directly with Professionals. Toxic Love will not be a party to any contracts for appointments or services and is not responsible for the performance of such contracts by Users.
Users of the Service will be required to provide their credit card or bank account details to Toxic Love and the Payment Service Professional retained by Toxic Love (the “PSP”).
The Service operates in the following way:
The Consumer completes the Toxic Love questionnaire to access recommendations for the required appointment within the Toxic Love platform. The Consumer selects the Professional they consider most suited to the appointment they require and has the option of contacting that Professional through video call, audio call, instant message or face to face. The listing will show the rate that a Professional charges for an appointment including all relevant taxes such as VAT. Once an online (via video, audio or instant message) interaction is completed the Professional will be instantly charged for the time spent using the Service (‘Toxic Love Payment’). The charge for all calls will be stated in the Statement section accessible in the Service. Face to face appointments however will be paid directly by the Consumer to the Professional.
Toxic Love reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Toxic Love Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the Payment Service Professional (‘PSP’) to do so.
Toxic Love Payment and fees from Consumers must be paid through the Service, other than with face to face appointments.
Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).
The PSP is a third party, currently PayPal. We are not a Professional or reseller of the PSP and in order for Professionals to receive payments through the PSP, each Professional must enter into Terms of Service (the “ToS”) with the PSP. By accepting our Terms of Service, each User confirms: (a) that they have downloaded or printed the ToS, and (b) that they have reviewed and accept the ToS subject to the amendments described below. The ToS represent the terms of the PSP and are not the terms of Toxic Love. Toxic Love gives no assurance as to the suitability or appropriateness of the ToS for Professionals and Professionals should read them carefully.
If you have questions regarding the ToS, please contact the PSP directly.
The Service is only a venue for connecting Users. Because Toxic Love is not involved in the actual contract between Users or in the completion of the appointment, if you have a dispute with one or more Users, you release Toxic Love from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. Toxic Love expressly disclaims any liability that may arise between Users of its Service.
The Service may from time to time, contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, academies, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, while using the Service, you may not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Toxic Love staff.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Service for any purpose, including, but not limited to posting or an appointment, which is illegal or otherwise unlawful.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer or other electronic device
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments.
Post the same appointment or information repeatedly (”Spamming”). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Toxic Love, without the prior written consent of Toxic Love.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
Hack or interfere with the Service, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Toxic Love.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
Use the Service to collect usernames and or/email addresses of Users by electronic or other means.
Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Public Areas will be public, and that you will be publicly identified by your name or login identification when communicating in Public Areas and Toxic Love will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
While certain parts of the Service are accessible by everyone, in order to use the Service provided through the Service you must register and create a Toxic Love account on the Service (an “Account”). You are responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by Toxic Love for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. Toxic Love has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact Toxic Love immediately. By providing your mobile phone number and using the Service, you hereby affirmatively consent to Toxic Love’s use of your mobile phone number to provide a login code. Toxic Love will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your Account or emailing email@example.com
Toxic Love may terminate or suspend your right to use the Service at any time if, in its opinion, you have failed to comply with any provision of this Agreement. If any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Consumers or Professionals and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If Toxic Love terminates or suspends your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, Toxic Love reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Service. All parts of these Terms of Service, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
“Your Information” is defined as any information and materials you provide to Toxic Love or other Users in connection with your registration for and use of the Service, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each Consumer and Professional, is collectively referred to herein as “User-Generated Content.“ You hereby confirm to Toxic Love that Your Information
?The Service hosts User-Generated Content relating to reviews of specific Professionals. Such reviews are opinions of Consumers and not the opinion of Toxic Love, have not been verified or approved by Toxic Love and each Consumer should undertake their own research to be satisfied that a specific Professional is the right person for a Appointment. You agree that Toxic Love is not liable for any User-Generated Content.
You hereby grant Toxic Love a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service. Each Professional who provides to Toxic Love any videotape, film, recording, photograph, voice, or all related instrumental, musical or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Toxic Love the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Use any videotape, film, recording or photograph that such Professional provides to Toxic Love, and use, reproduce, modify or creative derivative works from such Professional’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness“), in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Professional in connection with the Service
Reproduce in all media any recordings of such Professional’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.
Use, and permit to be used, such Professional’s Physical Likeness and Voice in the advertising, marketing, and/or publication of the Service in any media.
Use, and permit to be used, with Professional’s consent, such Professional’s name and identity in connection with the Service.
Each User assumes all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines. Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Toxic Love. Users acknowledge that Toxic Love does not, in any way, supervise, direct, or control a Professional’s work or Appointment performed in any manner. Toxic Love does not set a Professional’s work hours or location of work. Toxic Love will not provide any equipment, labour or materials needed for a particular Appointment. The Service is not an employment service, employment business or employment agency and Toxic Love does not serve as an employer of any Professional. As such, Toxic Love will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Consumer’s use of a Professional’s services. The Consumer agrees to indemnify Toxic Love and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
a Professional being misclassified as an independent contractor or employee;
Toxic Love being incorrectly held to be an employer or joint employer of a Professional;
or any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.
All intellectual property rights pertaining to any content on the Service (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors (and Users may be licensors if they have provided the content concerned). We give you a non-exclusive licence to use and access the Service and its content solely for your own personal use, provided that you shall not: copy or make any part of the Service or its content available for access or use by any other person, except as expressly permitted by these terms or otherwise expressly authorised by us. Except to the extent expressly set out in these terms, you are not being given any rights in respect of any intellectual property rights owned by Toxic Love or its licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Service. The service marks and trademarks of Toxic Love, including without limitation Toxic Love and the Toxic Love logos are service marks owned by Toxic Love. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner
Toxic Love respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to info@Toxic Love.com.
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material that you claim has been infringed is located. Include enough information to allow Toxic Love to locate the material, and explain why you think an infringement has taken place;
Your address, telephone number and e-mail address
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
A statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Toxic Love and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Toxic Love in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Toxic Love upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Toxic Love’s trade secrets, confidential and proprietary information and all other information and data of Toxic Love that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation
We will use all reasonable endeavours to ensure that the Service is available for use for as much of the time as possible, but we do not guarantee that it will be available all of the time and, in particular, it may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access). We do not give or enter into any condition, warranty or other term to the effect that the Service:
is or will be available all of the time;
is or will be free from defects; or
will comply with any particular standards.
Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the Service or to any service provided by us via the Service. We shall not be liable to you for any loss of profits, goodwill or other intangible losses (even if Toxic Love has been advised of the possibility of such damages) or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason. The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Service. Nothing in this agreement shall in anyway limit or exclude Toxic Love’s liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything, which may not be legally excluded or limited. Toxic Love does not review User postings or other comments or content, and is not involved in any transactions carried out directly between Users.
Toxic Love is not responsible for and shall have no liability in relation to any Appointment or other dealings that are facilitated by Users using our Service. Any disputes in relation to any Appointment or dealings with Consumers or Professionals should be raised and resolved directly with the Consumer or Professional concerned. If you have a dispute with any Users whilst using the Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes.
You hereby agree to indemnify Toxic Love, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners in promotions, sweepstakes, or contests from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Toxic Love reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Toxic Love.
These Terms of Service and your use of the Service shall be governed by English law. You agree that any dispute between you and us regarding these Terms of Service or the Service will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Toxic Love may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Toxic Love, and any promotional activity will be governed by its own set of terms and conditions, which will be notified to you should you choose to participate; the liability of any of the Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms of Service.
Failure by Toxic Love to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Toxic Love with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Toxic Love, its successors and assigns.
If you have any questions about these Terms of Service or about the Service, please contact us by email at info@ToxicLove.co.uk
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.