Talking Talent Online - Terms and conditions of use [and coaching agreement]

  1. Introduction

    1. Please read this information carefully. By accessing this website, you confirm that you have understood and agree to be bound by the following terms and conditions. These Terms of Use (“Terms”) apply to your access and use of the Talking Talent Online service. The TT Online service includes applications, software, websites, APIs, products and services.
    2. You have indicated to your employer that you would like to sign up for Talking Talent's coaching services (the "Services"). The Services will include access to digital content and other functionality that Talking Talent Limited ("we" or "us") will provide through the Talking Talent Online platform ("TT Online"). These terms and conditions shall govern your use of TT Online.
    3. If you register with TT Online we will ask you to expressly agree to these terms and conditions.
    4. As part of your use of Talking Talent Online, you may receive notifications, text messages, alerts, emails and other electronic communications. You agree to the receipt of these communications. You can control most communications from Talking Talent Online in your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing
    5. You must be at least 18 years of age to use TT Online; by using TT Online or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age
    6. TT Online uses cookies; by using TT Online or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  2. Copyright notice

    1. Copyright © 2020 Talking Talent Limited
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in TT Online and the material on TT Online; and
      2. all the copyright and other intellectual property rights in TT Online and the material on TT Online are reserved.

  3. Licence to use TT Online

    1. You may:
      1. view pages from TT Online in a web browser;
      2. download pages from TT Online for caching in a web browser;
      3. print pages from TT Online;
      4. stream audio and video files from TT Online; and
      5. use TT Online services by means of a web browser, subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from TT Online or save any such material to your computer.
    3. You may only use TT Online for your own personal and career development purposes, and you must not use TT Online for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on TT Online.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from TT Online (including republication on another website);
      2. sell, rent or sub-license material from TT Online;
      3. show any material from TT Online in public;
      4. exploit material from TT Online for a commercial purpose; or
      5. redistribute material from TT Online.
    6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

  4. Acceptable use

    1. You must not:
      1. use TT Online in any way or take any action that causes, or may cause, damage to TT Online or impairment of the performance, availability or accessibility of TT Online;
      2. use TT Online in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use TT Online to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to TT Online without our express written consent;
      5. access or otherwise interact with TT Online using any robot, spider or other automated means, except for the purpose of search engine indexing;
      6. violate the directives set out in the robots.txt file for TT Online; or
      7. use data collected from TT Online for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from TT Online to contact individuals, companies or other persons or entities
    3. You must ensure that all the information you supply to us through TT Online, or in relation to TT Online, is true, accurate, current, complete and non-misleading.

  5. Registration and accounts

    1. You may only connect to the TT Online service using our mobile applications and software or our website. Full use of the TT Online service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Talking Talent service and it is your responsibility to ensure the equipment’s functionality
    2. To be eligible for an account on TT Online under this Section 6, we must have been notified by your employer that have been authorised to access our digital coaching product
    3. You may register for an account with TT Online by completing and submitting the account registration form on TT Online and clicking on the verification link in the email that TT Online will send to you.
    4. You must not allow any other person to use your account to access TT Online.
    5. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    6. You must not use any other person's account to access TT Online.

  6. User login details

    1. If you register for an account with TT Online, we will either provide you with or you will be asked to choose a user ID and password.
    2. Full use of the TT Online service requires that you create an account by providing us with information such as your full name, valid email address, username, job title, department, parental leave dates (if applicable) and a strong password. You are responsible for the activity that occurs in association with your account. Talking Talent Limited is not liable for any loss or damages caused by failure to maintain confidentiality of your account credentials. Please contact support@talking-talent.com if you discover or suspect any security breach related to the Talking Talent Online service or your account
    3. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
    4. You must keep your password confidential.
    5. You must notify us in writing immediately if you become aware of any disclosure of your password.
    6. If you are a resident of the European Union you have the right to delete your account with us by contacting Talking Talent. If you choose to permanently delete your account, the non-public personal data that we have associated with your account will also be deleted

  7. Your content: licence

    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, comments, scripts, software and files) that you submit to us or TT Online for storage or publication on, processing by, or transmission via, TT Online.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media
    3. You grant to us the right to sub-license the rights licensed under Section 7.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on TT Online.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  8. Your content: rules

    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libelous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation (for clarity, your content must not name or otherwise allow for the identification of any other person);
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.

  9. Report abuse

    1. If you learn of any unlawful material or activity on TT Online, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email or using our abuse reporting form.

  10. Limited warranties

    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on TT Online;
      2. that the material on TT Online is up to date; or
      3. that TT Online or any service on TT Online will remain available.
    2. We reserve the right to discontinue or alter any or all of TT Online services, and to stop publishing TT Online, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing TT Online.
    3. To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, TT Online and the use of TT Online.

  11. Limitations and exclusions of liability

    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law,
    2. The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
      1. are subject to Section 11.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that TT Online and the information and services on TT Online are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. Further, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet. You acknowledge that the TT Online may be subject to limitations, delays and other problems inherent in the use of such communications facilities. We do not warrant that your use of the TT Online will be uninterrupted or error-free.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with TT Online or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    9. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed £500.

  12. Breaches of these terms and conditions

    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to TT Online;
      3. permanently prohibit you from accessing TT Online;
      4. block computers using your IP address from accessing TT Online;
      5. contact any or all of your internet service providers and request that they block your access to TT Online;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on TT Online.

  13. Third party websites

    1. TT Online includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  14. Trade marks

    1. Talking Talent Online, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on TT Online are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  15. Variation

    1. We may revise these terms and conditions from time to time.
    2. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of TT Online from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using TT Online.

  16. Assignment

    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  17. Third party rights

    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

  18. Entire agreement

    1. Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of TT Online and shall supersede all previous agreements between you and us in relation to your use of TT Online.

  19. Law and jurisdiction

    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  20. Our details

    1. This TT Online is owned and operated by Talking Talent Limited.
    2. Talking Talent Online is a digital coaching product delivered by Talking Talent LimitedTalking Talent provides coaching programmes designed to help our clients’ employees effectively transition through a period of change or growth.
    3. We are registered in England and Wales under registration number 05617899, and our registered office and principal place of business is at
      102 Crowmarsh Battle Barns, Preston Crowmarsh, Wallingford, Oxfordshire, England, OX10 6SL.
    4. You can contact us:
      1. by post, using the postal address given above;
      2. using TT Online contact form;
      3. by telephone, on the contact number published on TT Online from time to time; or
      4. by email, using the email address published on TT Online from time to time.

Ask a coach – Information for users

What is Ask a coach?

Ask a coach is designed to provide consistent support to our online coachees for the full length of their programmes. It aims to deal with any questions or doubts they may have, at any stage, leaving them feeling more confident and empowered.

Ask a coach is designed to be used for questions around the coaching programmes and topics that are covered in them. You can ask the coach questions on life, career, wellbeing, confidence, and other areas.

Ask a coach is a feature of Talking Talent’s online coaching service. When you are logged into the system, you can send a question to our panel of coaches at any time and receive a reply within 24 hours during UK working days, Monday through Friday. You can send as many questions as you need.

The coaching team are a panel of experts across the world, who are highly experienced in working with our coachees and delivering our programmes. Coaches are based in a variety of countries and regions, but we are currently only accepting and answering questions in English.

You will receive a combination of written coaching-led replies and suggested content (e.g. videos, tools, etc.). The style is coaching-led, so may include more reflective questions than guidance or suggestions.

What is it not?

Ask a coach is not an individual coaching relationship. Each question will receive one individual reply, and if you have further questions, you must send them in further messages. Our coaches will not be able to have a conversation via the messaging function.

We cannot guarantee which coach will respond to your question, so you may receive replies from a variety of coaches on the panel.

Ask a coach is not a counselling or psychotherapy service. We do not provide legal or financial advice. If you are experiencing a serious issue that interferes with your daily functioning or is outside of our remit, seek support outside of this platform.

If you are feeling like this now, here are some places to consult: