Terms of Service

Definitions

In these Terms of Service, "you" and "your" refer to any Member of the Whisdr platform (including both Guests and Service Providers). "We", "us", "our", or "Whisdr" refers to the Whisdr entity.

Table of Contents

• •Introduction
• •Guest Terms
• •Service Provider Terms
• •Booking, Payment, and Cancellations
• •Member Responsibilities
• •Reviews and Feedback
• •Platform Rules
• •Data Protection and Roles
• •Medical Disclaimer
• •Force Majeure
• •Limitation of Liability
• •Termination and Account Deletion
• •Dispute Resolution
• •Third-Party Services
• •Changes to Terms of Service
• •Contact Information

1. Introduction

Whisdr is a platform that connects Guests seeking treatment, accommodation, and other services with Service Providers offering those services. As a Member, you are either a Guest (someone booking services) or a Service Provider (someone offering services). The platform provides a space for both parties to communicate and arrange bookings.

Whisdr is a trading name of Kooz Platforms Ltd, a company incorporated under the laws of England and Wales, with company number 16462133 and registered office at 338A Regents Park Road, Office 3 and 4, London, N3 2LN, United Kingdom.

Whisdr acts as a limited commercial agent of the Service Provider solely for the purpose of collecting the Initial Payment on behalf of the Service Provider and facilitating booking coordination. Whisdr does not provide the services offered by Service Providers and does not act as a party to the Service Agreement between Guests and Service Providers.

Whisdr does not provide medical advice, diagnosis, or treatment. All medical services are provided solely by Service Providers. Any information shared on the platform is for communication purposes only and should not be considered medical advice. In case of a medical emergency, users should contact appropriate emergency services immediately.

Any agreement formed is strictly between the Guest and the Service Provider, and Whisdr is not responsible for the performance of those services, except as explicitly stated in these Terms.

The processing of sensitive personal data, including health data, is subject to your explicit consent as described in our Privacy Policy.

In line with applicable financial regulations, any Initial Payment collected by Whisdr is received on behalf of the relevant Service Provider and is held only for the purpose of settlement, commission offset, or refund execution in accordance with these Terms.

By using our platform, you agree to these Terms. If you do not agree, please do not use our services.

2. Guest Terms

Eligibility: You must be at least 18 years old and legally capable of entering into contracts to use Whisdr.

Searching: You can search for services by category, location, and availability. You can access detailed pages that include service descriptions, photos, reviews, and pricing.

Contacting with Service Provider:

You can communicate with the Service Providers in writing or via video call.

Whisdr does not actively monitor or control the content of communications exchanged between users.

Due to the potential sharing of sensitive data, such as health information, Whisdr will not record your video calls (if applicable). Users are responsible for complying with applicable laws when recording any communication. Recording may require the explicit consent of all participants. If desired, you may record your video calls at no additional cost using the built-in recording feature of the video conferencing tool. Please ensure that the information you share with the service provider is relevant only to the specific service you have selected.

You are solely responsible for the content of any information you share through the platform, including messages, documents, and health-related data. You should avoid sharing unnecessary or excessive sensitive personal data.

The platform may enable the exchange of sensitive personal data, including health-related information, via messaging, file uploads, or video communication tools. By using these features, you acknowledge that you may share such data at your own discretion and responsibility.

Booking: When you book a service, you agree to the terms set by the Service Provider, including any applicable service fees. Upon payment of the initial payment, which forms part of the total agreed service fees, a Service Agreement (“Agreement”) is established directly between you and the Service Provider. Whisdr receives the Initial Payment on behalf of the Service Provider as its limited commercial agent and does not become a party to the Service Agreement.

The Guest's obligation to pay the Service Provider is discharged pro-tanto (only to the extent of the Initial Payment actually received) upon receipt of such funds by Whisdr as the Service Provider’s limited commercial agent. The Guest remains responsible for paying the remaining balance of the total service fee directly to the Service Provider as per the agreed payment plan.

Cancellation and Refund: You may cancel agreements as per the refund option set by the Service Provider. Please carefully review the refund option provided to you by the Service Provider before making an agreement. Refunds, if applicable, will be processed after deducting any applicable bank transaction fees.

If unexpected situations arise before you receive a service(s), you can request a withdrawal from the agreement. You must prove these situations with evidence. These situations are as follows:

• Service Provider acting contrary to the agreement
  • Service Provider offering additional services outside the agreed service
  • Service Provider demanding more than the agreed payment amount
  • Service Provider stating that it will provide service on a date other than the agreed date range
• Service Provider not being at the current location
• Inability to communicate with the Service Provider
• Doubt in the quality of service(s) to be provided
  • The descriptions and photographs shared by Service Provider are misleading
  • Facilities do not have the infrastructure to provide the service
  • Facilities lack the necessary hygiene

Cancellation and refund requests are assessed strictly in accordance with the refund policy selected by the Service Provider at the time of booking and accepted by the Guest. Refund outcomes are determined based on this policy and applicable evidence, and Whisdr executes the resulting outcome without discretionary modification.

When requesting withdrawal from the agreement, please share with us via email info@whisdr.com evidence such as correspondence, screenshots, photographs, etc. with the Service Provider supporting the above reasonable grounds and the services provided to you by the Service Provider until then (e.g. flight ticket, airport transfer, accommodation, interpreter, clinic transfer).

Whisdr administers the process, facilitates communication between the parties, and executes the resulting outcome based on the applicable refund policy and any verifiable instructions provided by the Service Provider. Whisdr does not independently determine the commercial merits of disputes.

Guest Responsibilities: Ensure you meet the eligibility requirements for services. Inform the Service Provider of any relevant medical or travel details (age, allergies, health conditions, etc.). You are also responsible for securing any necessary travel documents, such as visas. Provide the Service Provider with the documents required for the services you request (e.g., airline tickets, accommodation) and your travel documents as written in official documents.

3. Service Provider Terms

Eligibility: To offer services on Whisdr, Service Providers must provide official documentation proving their ability to provide services (e.g., accreditations, medical certifications, work permits). Providing these documents does not mean that you are a member of Whisdr. Whisdr checks these documents itself or with 3rd parties and decides on your suitability for the platform.

Whisdr reserves the right to verify the provided documents.

In the event of any renewal, modification, cancellation, or other changes to the documents you have submitted to Whisdr, you are required to promptly inform Whisdr and resubmit the updated, valid documents for verification.

In such cases, please immediately suspend providing services to Guests on the Whisdr platform until you have obtained the necessary valid documents, shared them with Whisdr for review, and received approval.

Failure to comply with this requirement or detection of non-compliance by Whisdr may result in the indefinite suspension of your account.

Service Listings: After being accepted as a member, Service Providers must fill out a profile, services, descriptions, pricing, and upload relevant photos and documents. You must maintain accurate, up-to-date listings and service information.

Contacting with Guests: Service Providers must respond to inquiries and clearly communicate terms, including risks, requirements, and pricing. Once a Guest books a service, a contract is formed. As a Service Provider, you must respond to requests from Guests within 3 days.

Whisdr does not review or monitor your correspondence with Guest unless there is a dispute, and your video calls are not recorded, considering that sensitive data such as health may be shared. Please ensure the security of the information obtained in the conversations with Guest in accordance with the necessary data regulation rules (e.g. GDPR, CCPA).

Service Providers acknowledge that they may receive sensitive personal data, including health-related data, through the platform and are solely responsible for processing such data in compliance with applicable data protection laws (including UK GDPR and EU GDPR).

Cancellation and Refund: Agreements are cancelled according to the refund option determined by the Service Provider. Please remind the Guest of the refund option offered by you before making an agreement.

If a cancellation request is made, the applicable refund outcome shall be determined strictly in accordance with the refund policy selected by the Service Provider at the time of booking. Whisdr does not exercise discretion over refund decisions and only executes the outcome generated by the applicable policy or an auditable instruction provided by the Service Provider.

If unexpected circumstances arise before Guest receives a Service(s), Guest may request withdrawal from the agreement. These situations must be proven by the Guest with evidence. These situations are as follows:

• Service Provider acting contrary to the agreement
  • Service Provider offering additional services outside the agreed service
  • Service Provider demanding more than the agreed payment amount
  • Service Provider stating that it will provide service on a date other than the agreed date range
• Service Provider not being at the current location
• Inability to communicate with the Service Provider
• Doubt in the quality of service(s) to be provided
  • The descriptions and photographs shared by Service Provider are misleading
  • Facilities do not have the infrastructure to provide the service
  • Facilities lack the necessary hygiene

Withdrawal requests are processed in accordance with the refund policy selected by the Service Provider at the time of booking and accepted by the Guest. The applicable refund outcome is determined based on such policy and the supporting evidence provided. The Service Provider may review and respond to the request within a reasonable timeframe through the platform or other verifiable communication. Any such response or instruction shall be taken into account in determining the applicable outcome.

Whisdr administers the process and executes outcomes based on the applicable policy and any verifiable instructions provided by the Service Provider. Whisdr does not independently determine the commercial merits of disputes.

If Guest's request is accepted as correct, Whisdr may take platform-level actions, including suspension or restriction of accounts, in accordance with these Terms where there is evidence of breach of platform rules or applicable obligations.

Responsibilities:Service Providers are responsible for ensuring they comply with all local laws, regulations, and certifications required to provide their services. This includes providing necessary health and safety information, managing bookings, and processing personal data in accordance with applicable laws.

4. Booking, Payment, and Cancellations

Booking Confirmation:When Guests pay the initial payment for the agreed service, an agreement is formed directly between the Guest and the Service Provider. This payment secures your spot and begins the coordination of your treatment and travel experience.

Payments: Guests must pay the remaining balance of the service fees directly to the Service Provider according to the agreed payment plan before the service delivery. These payments are made outside of the Whisdr platform, and Whisdr does not collect, hold, or process these funds.

Whisdr collects the Initial Payment on behalf of the Service Provider as a limited commercial agent. Such funds are held separately from Whisdr's own operating funds and are treated as amounts belonging to the Service Provider, subject to settlement, commission offset, or refund execution in accordance with these Terms.

Service Providers agree that Whisdr may deduct or invoice an amount for coordination and platform usage in accordance with their membership plan. This amount may be retained from the initial payment collected from the Guest.

Cancellations:Cancellations are subject to the Service Provider's refund option. Please refer to the Service Provider's refund option before confirming an agreement.

Payment Structure and Role:

For the avoidance of doubt:

• The Initial Payment is collected by Whisdr on behalf of the Service Provider and is attributable to the Service Provider upon receipt.
• Whisdr holds such funds only for the purposes of settlement, commission offset, or refund execution.
• Whisdr does not provide escrow services and does not use such funds for its own operational purposes.
• Refunds are processed strictly in accordance with the refund policy selected at the time of booking and are executed by Whisdr without discretionary authority.
• Any commission owed to Whisdr is a separate obligation of the Service Provider and may be offset against funds collected on its behalf.

For more information, refer to our Payment Policy.

5. Member Responsibilities

Guest Responsibilities:Provide accurate information to Service Providers. Ensure you meet any health requirements, provide necessary travel documents, and complete bookings in accordance with the Service Provider's requirements.

Service Provider Responsibilities:Ensure service descriptions are accurate and up-to-date. Respond to Guest inquiries in a timely manner and provide the necessary services as agreed.

Service Providers must ensure that all services meet legal and ethical standards, including obtaining the necessary certifications and licences. They must also adhere to privacy laws and process personal data in compliance with our Privacy Policy.

Service Providers are also responsible for ensuring that any personal data, including health data, obtained through the platform is processed lawfully, securely, and only for legitimate purposes.

6. Reviews and Feedback

Guest Reviews:After receiving services, Guests can leave reviews. These reviews must be respectful, accurate, and free of discriminatory or offensive content. Whisdr reserves the right to remove inappropriate content.

7. Platform Rules

Communication:Communication between Guests and Service Providers must be respectful and conducted primarily through the platform. After an agreement is created, personal contact details will be shared.

Accuracy:All information provided by Guests and Service Providers must be accurate. Whisdr is not responsible for any issues arising from incorrect or misleading information provided by users.

Users are responsible for ensuring that any personal data they share is accurate and limited to what is necessary for the intended purpose.

8. Data Protection and Rules

Whisdr acts as a data controller for personal data processed in connection with the operation of the platform, including user registration, communication tools, and booking coordination. Service Providers act as independent data controllers with respect to any personal data, including health data, processed in connection with the services they provide to Guests. Each party is independently responsible for complying with applicable data protection laws, including but not limited to the UK GDPR and EU GDPR.

Whisdr does not control how Service Providers process personal data outside the platform and is not responsible for their data processing activities.

9. Medical Disclaimer

Whisdr does not provide medical advice, diagnosis, or treatment and is not a healthcare provider. All medical services, including treatment details, risks, and potential complications, are determined and provided solely by the Service Provider.

Any information made available through the platform is provided for general informational and communication purposes only and should not be considered medical advice.

Treatment outcomes may vary between individuals, and no guarantees are given. Guests are strongly advised to seek independent medical advice from a qualified healthcare professional before making any decisions regarding treatment.

Whisdr acts solely as a limited commercial agent for the purpose of collecting the Initial Payment and facilitating booking coordination and is not a party to the medical or clinical relationship between the Guest and the Service Provider.

Whisdr does not control, supervise, or direct the services provided by Service Providers.

To the fullest extent permitted by law, Whisdr disclaims any liability arising from:

• the accuracy or completeness of information provided by Service Providers
• any medical advice, diagnosis, or treatment
• any outcomes, complications, or dissatisfaction related to the services

All decisions are made solely at the Guest's own discretion and risk.

10. Force Majeure

Whisdr is not liable for any failure or delay in providing services due to events beyond our control, including natural disasters, pandemics, government regulations, or other unforeseen circumstances.

11. Limitation of Liability

Whisdr only helps with booking and is not responsible for the quality or safety of the services provided by Service Providers. Our liability is limited as much as the law allows.

To the fullest extent permitted by law, Whisdr shall not be liable for:

• any medical outcomes resulting from services provided by Service Providers
• any indirect, incidental, or consequential damages
• any loss arising from reliance on information exchanged between users

Nothing in these Terms shall limit or exclude liability where it cannot be limited or excluded under applicable law.

Whisdr collects the initial payment to confirm the booking and helps with communication. We do not handle any other payments between Guests and Service Providers. All other payments are made directly between the Guest and the Service Provider.

Whisdr does not provide or guarantee the services. Except for acting as a limited commercial agent solely for the purpose of collecting the Initial Payment, Whisdr is not an agent, partner, or owner of any Service Provider. Any contracts and responsibilities are between the Guest and the Service Provider.

12. Termination and Account Deletion

You may terminate your account at any time. To request the deletion of your account and any associated personal data, please contact us at info@whisdr.com.

In accordance with data protection laws, including the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR), and other applicable privacy regulations, please note that certain information may continue to be retained by Whisdr after your account is deleted. This includes, but is not limited to:

Comments and ratings you have submitted (which may continue to be displayed using your first name and the initial of your surname), Financial and accounting records necessary for compliance with legal and tax obligations, Data required for the establishment, exercise, or defense of legal claims. Such data is retained only to the extent necessary and for the duration required to fulfil our legal obligations or legitimate interests, and in accordance with statutory retention periods set by applicable laws.

We are committed to protecting your privacy and ensuring that your personal data is handled transparently, securely, and in compliance with all relevant data protection regulations.

Further details regarding the processing and retention of personal data are set out in our Privacy Policy.

13. Dispute Resolution

Any disputes will be resolved through binding arbitration under the London Court of International Arbitration Rules, in London. Users waive the right to class actions.

Nothing in this section shall limit any rights that users may have under applicable consumer protection laws.

14. Third-Party Services

Whisdr may use third-party applications or services in its platform infrastructure. By using these third-party services, you agree to their terms of use as well. These may include payment processors, communication tools, and cloud storage providers.

15. Changes to Terms of Service

Whisdr may update these Terms periodically. We will notify you of significant changes through the platform or via email. Continued use of the platform constitutes acceptance of the updated Terms.

16. Contact Information

For questions or concerns about these Terms of Service, please contact us at info@whisdr.com.