TERMS & CONDITIONS
ONLINE TERMS AND CONDITIONS FOR EMPATHY LISTENERS
Please read this terms and conditions carefully as it governs your use of the online website and application known as Sayhey through the website - https://SayHey.co.in/, application, and other product of Sayhey portal (“Sayhey” or “platform”). By accessing the platform, opening an account, and/or using the services on it you (“User or Users”), are agreeing to form a legal contract and agree to the terms and conditions below. If you do not accept these terms, please do not create an account or use the services of Sayhey.
1. Definition for the terms used under this Terms and Conditions
- 1.1 Company:
Sayhey, SayHey.co.in, Company, Firm, we, our, us, Service Provider, or any other similar terminology are all in reference to Sayhey which is a product of MINDORPHIN PRIVATE LIMITED(PREVIOUSLY KNOWN AS KMR AND FRIENDS PRIVATE LIMITED ) & Friends Pvt. Ltd and for this policy is deemed to be a provider of Services.
- 1.2 User:
User, Client, you, your, or any other terminology used in this document are all in reference to the user who avails the services of Sayhey through its website, application(s), or any other services provided by Sayhey. Word “User” includes “Users”.
- 1.3 Empathy listener:
Empathy listener, Listener or any other terminology used under this policy are all in reference to the Empathy listener recruited by Sayhey. Word “Empathy listener” includes Empathy listeners”.
- 1.4 Platform:
Platform, forum, social media site, or any other terminologies used are all in reference to any application, or websites which are developed, owned by Sayhey, and are provided to the Users and Empathy listeners.
2. Services provided by Sayhey
Sayhey provides an online platform through its website, application, and other products for its users to say hey to their mental health. Sayhey through its services provide the Users with an online platform where the Users can avail service of empathy Listening by Empathy listeners recruited by Sayhey. Empathy Listeners shall be trained to understand the User’s feelings and emotions, as well as the words that they are using and give time and space to the users to gather their thoughts and speak again if they wish to do so.
3. Contact details of Sayhey:
- 3.1
B-120, Rajlegacy, Opposite Suryanagar LBS Marg,
Vikhroli West, Mumbai-400083, Maharashtra, India.
- 3.2
MINDORPHIN PRIVATE LIMITED(PREVIOUSLY KNOWN AS KMR AND FRIENDS PRIVATE LIMITED )Registration Number: U72900MH2021PTC370832
- 3.3
Email Address: Help@sayhey.co.in
4. Terms and Conditions for registering with Sayhey
- 4.1 For Users:
Any person can become an empathy listener on the platform. This can be done by completion of the course designed by Sayhey and passing an examination on it. Sayhey shall provide study material to the empathy listener on the basis of which the examination can be passed. On passing the examination, the person would receive a certification from Sayhey and he can register himself as an Empathy Listener on the application by providing requisite information and documents and start providing services.
The Empathy Listener acknowledges that it has provided Sayhey with accurate and complete registration information along with necessary documents such as the professional qualification and past work experience for Empathy Listeners, and such other information as may be reasonably requested by Sayhey. Also, Sayhey holds, the exclusive right to verify the information/ data provided by Empathy Listener at the time of registration and if found to be incorrect or fails verification then such Empathy Listener will not be allowed to register on the platforms of Sayhey.
- 4.2
Empathy Listeners further acknowledge that it is their responsibility to update Sayhey with any changes to the basic information such as an address, or contact number by changing the same using their login credentials. And in case of any grievances, the same is to be communicated on Help@sayhey.co.in.
- 4.3
If the Empathy listeners believe that there has been a breach of security of their login credentials then they need to notify Sayhey immediately. If Sayhey reasonably believes that the login credentials are compromised then it will take appropriate steps to resolve the issue and restore the login credentials.
- 4.4
By registering with the platform of Sayhey the Empathy Listeners give their express consent for receiving any communication, newsletters, and promotional offers from Sayhey.
5. Disclaimer Relating to Intellectual Property
- 5.1 For Empathy listeners:
Empathy listeners should not post any content on Sayhey’s feed However, in case the Empathy Listeners post any content, they shall be solely liable for any damages or losses arising out of any content posted by them. The Empathy listener shall further indemnify Sayhey against any losses, damages, claims, actions, or proceedings arising out of such content posted by the Empathy listener - 5.2
The software, technical know-how, content of the platform, and such other properties relating to the platform are the exclusive intellectual property of Sayhey and no content or information from the platform of Sayhey may be used without express written permission from Sayhey.
6. Privacy Policy of Sayhey
Please carefully read our Privacy Policy of Sayhey.
7. Age Criteria for Using the Services of Sayhey
- 7.1
For registering on the portal, the Empathy listeners should have completed the age of 18 years and is not disqualified under the provision of the Indian Contract Act to enter into an agreement or under such applicable laws in India.
8. Guidelines for Empathy listener
The Empathy listener should adhere to the following guidelines at all times and if any of the guidelines are not complied with by the Empathy listeners then Sayhey has express authority to delete his account or to take any further action as deemed fit by Sayhey and which shall also include deleting or deregistering the account of such Empathy Listeners.
- 8.1
The Empathy Listener should not infringe the rights of any User, Sayhey, and third-party and shall comply with provisions of all these terms and conditions and the privacy policy.
- 8.2
The Empathy Listeners are prohibited from any nudity or obscene element, invasion of the privacy of others, defamatory or libelous content, threats, or harassment.
- 8.3
The Empathy Listeners are prohibited from using any non-polite slang or any derogatory language that hinders the interest of any other Users or the society at large.
- 8.5
The Empathy Listeners cannot promote any business products or services or of any third party on the platform.
- 8.6
- The Empathy Listeners are prohibited from acquiring any personal details of other Users of Sayhey.
- 8.7
The Empathy Listeners are barred from promoting any hate or hate relating activities on the platform of Sayhey.
- 8.8
The Empathy Listeners cannot reproduce, alter, modify, or undertake any such activities that could affect the functioning of Sayhey. If the Empathy Listeners indulges in any of the above-mentioned activities, then in such a scenario it would be deemed that such Empathy Listeners has infringed the intellectual property of Sayhey then Sayhey will initiate appropriate actions under the applicable laws of India.
9. Terms and Conditions for Service of Sayhey
Allowing users to speak to Empathy listeners is a leading service of Sayhey, under which the registered User can avail a service of empathy listening from Empathy listeners. The parties have to adhere to these terms and conditions for the smooth functioning of this service.
- 9.1
The Users will have to choose an Empathy Listener from whom they wish to take service. The profiles of Empathy listeners are available on the platform of Sayhey.
- 9.2
To avail a service from Empathy Listeners the User has to book an appointment by filling out a form and making the necessary payment.
- 9.3
The listening session will be held through the video calling application as available on the platform of Sayhey, third-party platforms as duly authorized by Sayhey. Sayhey respects the privacy of the Users and will not store, or record any listening session. However, for better functioning of the platform Sayhey may record data in compliance with the Privacy Policy of Sayhey. Empathy Listeners may store some data of Users in compliance with the Privacy Policy of the company.
- 9.4
The Empathy Listeners agree that on deletion or deregistration from Sayhey the Empathy Listeners shall delete all data stored with them relating to User counseling. Further, Empathy Listeners expressly agrees that on deregistration or deletion of the account from the platform of Sayhey, the Empathy Listeners will not solicit any User of the Sayhey.
- 9.5
In the event of any medical or psychological episode experienced by the Users that results in bodily harming himself or others or if the User commits suicide then in such a scenario the Empathy Listeners or Sayhey will not be held accountable. No family members or legal heirs of the deceased Users can file a suit for damages against Sayhey or Empathy Listeners.
10. Warranties and Indemnity
- 10.1
Sayhey warrants that it will use all reasonable care while providing products and services on its platform. Sayhey makes no warranty that its platform is free from any kind of viruses, or anything else that could damage the property of the visitor of the platform, it is strongly advised by Sayhey that the visitor to the platform should adopt appropriate back-up, firewall, and other precautionary security measures.
- 10.2
Sayhey disclaim any warranty regarding the accuracy, security, and performance of services on its platform. Further, no information available on the platform will create any warranty on Sayhey.
- 10.3
Over the course of the period Sayhey may incorporate third-party products or services on its platform. If the Users or Empathy Listeners uses such third-party product or services then it is expressly understood and agreed that they have read the terms and conditions of such third parties and Sayhey will not be held liable for any damages relating to the use of products or services of such third parties. However, the Users or Empathy Listeners can file for relief under the applicable laws of India.
- 10.4
The Empathy Listeners have read and understood the Guidelines for Empathy Listeners and these terms and condition and the Empathy Listeners agree that they shall not use the forum for spamming, pyramid schemes, or any type of distribution list, neither shall collect any information from the Users of the forum.
10.5Empathy Listener
The Empathy Listeners shall indemnify Sayhey against any third-party claims that may arise due to any intellectual property claims if the Empathy listeners uses, downloads, or copies any content from Sayhey’s website for any personal use or commercial gain. The Empathy Listeners shall indemnify Sayhey against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the Empathy Listeners. The Empathy Listeners hereby indemnifies Sayhey and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the Empathy Listener’s use of the platform.
11. Payment and Payment Gateway
The User can avail empathy listening services on platform of SayHey at nominal fees of After availing the said service by User, 40% of the fees shall be transferred to the Empathy Listener from whom the service is availed. The platform of Sayhey charges a person a one-time course fee of Rs. 1499+18% GST for getting themselves registered as an Empathy listener by Sayhey.It is not guaranteed by SayHey that these listeners will earn money from the platform. However, they will be onboarded on the platform once they complete the process which includes assessment and interview. The same fees are to be paid online by using third-party websites or applications. The payment gateway of these third-party websites might capture some details of the Users as they are required to comply with the guidelines of the Reserve Bank of India or other applicable laws applicable in India. Sayhey would not be liable for any loss, store, or transmit any personal data of the User while using such payment gateway website.
12. Limitation of liability
12.1 The Empathy Listeners are certified by Sayhey on the basis of examination conducted by Sayhey. Sayhey has a contractual relationship with them. Sayhey assumes no responsibility or liability for any service given to the Users by Empathy Listeners and shall not be held liable for any action of Empathy Listeners.
12.2 The engagement with the Empathy Listeners is on a principal-to-principal basis and under no circumstances will the Empathy Listeners or his/her personnel be construed as the agents of the Company and no employer-employee relationship shall exist or be construed to exist between the Company and Empathy Listeners or his/her personnel.
13. Notices
All notices shall be given to Sayhey via e-mail at: Help@sayhey.co.in
or by post to Sayhey’s address as set out under Clause 3.1 of this Terms and Conditions.
- 13.1 SayHey Professional warrants that it will use all reasonable care while providing products and services on its platform. SayHey Professional makes no warranty that its platform is free from any kind of viruses, or anything else that could damage the property of the visitor of the platform, it is strongly advised by SayHey Professional that the visitor to the platform should adopt appropriate back-up, firewall, and other precautionary security measures.
- 13.2 SayHey Professional disclaim any warranty regarding the accuracy, security, and performance of services on its platform. Further, no information available on the platform will create any warranty on SayHey Professional.
- 13.3 Over the course of the period SayHey Professional may incorporate third-party products or services on its platform. If the Users or Empathy Listeners uses such third-party product or services then it is expressly understood and agreed that they have read the terms and conditions of such third parties and SayHey Professional will not be held liable for any damages relating to the use of products or services of such third parties. However, the Users or Empathy Listeners can file for relief under the applicable laws of India.
- 13.4 The Users have read and understood clause 8 of these terms and condition and the Users agree that they shall not use the forum for spamming, pyramid schemes, or any type of distribution list, neither shall collect any information from other Users of the forum.
- 13.5 The Users shall indemnify SayHey Professional against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the Users. The Users hereby indemnifies SayHey Professional and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the User’s use of the platform.
- 13.6 The Empathy Listeners shall indemnify SayHey Professional against any third-party claims that may arise due to any intellectual property claims if the Empathy listeners uses, downloads, or copies any content from SayHey Professional’s website for any personal use or commercial gain. The Empathy Listeners shall indemnify SayHey Professional against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the Empathy Listeners. The Empathy Listeners hereby indemnifies SayHey Professional and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the Empathy Listener’s use of the platform.
14. Termination of Account of User and Empathy listener
14.1 The Empathy Listeners can deregister or delete his account from the platform on termination of the contract with Sayhey, on intimation to Sayhey by way of notice, or by such other ways as mutually agreed between them. On termination, the Empathy Listeners needs to delete data in his custody in compliance with the Privacy policy of the company.
14.2 Sayhey may terminate the account of Empathy Listener if they infringe any clauses of this terms and conditions or privacy policy of the company without giving any prior notice. The Empathy Listeners are prohibited from claiming any damages against Sayhey if the termination is a result of the Empathy Listener’s default.
14.3 On termination of Agreement with Empathy Listeners, all licenses, login data, and such other data which was provided by Sayhey to Empathy Listeners on successful registration shall be surrendered to Sayhey. The Empathy Listeners shall not keep any backup of Sayhey’s data.
14.4 On termination of the account of Empathy Listeners are prohibited from soliciting any User of Sayhey and they shall not enter into a similar business of Sayhey for 2 (Two) Years commencing from the day when the termination was communicated by Sayhey to the Empathy Listeners.
15. Dispute Resolution
In the event of any dispute arising between Sayhey, the User, or the Empathy Listeners, then in such a scenario, the parties agree to resolve the dispute through amicable settlement. If the dispute isn’t resolved within 30 days of any party initiating amicable settlement, then it shall be resolved through arbitration with an arbitration bench seated in Mumbai, with the presence of a sole Arbitrator which shall be selected by Sayhey and the costs shall be borne by each party involved. The Courts in Mumbai shall have sole jurisdiction in the matter.
16. General
16.1 Sayhey shall be under no liability to the Empathy Listeners in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Acts of God, any acts or regulations of any government or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs, industrial disputes, any epidemic/ pandemic.
16.2 Sayhey can use any data provided by the Empathy Listeners for advertisement and marketing purposes without paying any fees to the Empathy Listeners and Sayhey is under no obligation to intimate Empathy Listeners before using their details.
16.3 If any provision of this Terms and Conditions is held to be unlawful, void, invalid, or otherwise unenforceable, then that provision alone will be deleted or eliminated from this Terms and Conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.
16.4 This Terms and Conditions contains all the Terms and Conditions with the necessary clarifications and other necessary explanations required by any person using the platform for such use as stated by Sayhey. These Terms and Conditions, as mentioned, are binding on the Empathy listener using the Website without any doubts of ignorance.
16.5 Any disputes arising hereunder shall be governed in accordance with the laws of India and be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra without any conflict of laws.
17. Reviews and Feedback
17.1 Any information shared by the Users on Sayhey’s platform, including personal information, reviews, feedback, pictures, etc. shall be subjected to Sayhey’s privacy policy.