TERMS & CONDITIONS
ONLINE TERMS AND CONDITIONS FOR USER
Please read these 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”), 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 Mindorphin Private Limited (Previously known as KMR And Friends Private Limited )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.
- 1.3
Empathy listener:Empathy listener, Listener or any other terminology used under this policy are all in reference to the Empathy listener engaged by the Company. 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 User.
2. Services provided by SayHey
SayHey provides an online platform through its website, application, and other products for its user to say hey to their mental health. SayHey through its services provide the User with an online platform where the User can avail consultation with an Empathy listener or a professional who is an expert in the field of mental health and with the forum, the User can raise a question and fellow User can respond to the question whereby productive Information relating to mental health are exchanged and to access a wide range of products as advertised on the website or application of SayHey.
3. Contact details of SayHey Professional
- 3.1
Registered Address: 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 for Users
- 4.1 For availing the services on the platform of SayHey the User is required to register with SayHey in the prescribed form as available on its websites, application, or on any other platform of SayHey. User acknowledges that they have provided SayHey with accurate and complete registration information along with necessary documents such as medical reports and medical history of the User, and such other information as may be reasonably requested by SayHey. Also, SayHey holds the exclusive right to verify the information/data provided by the User at the time of registration and if found to be incorrect or fails verification then such User will not be allowed to register on the platforms of SayHey.
- 4.2 The User further acknowledges 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 to help@sayhey.co.in.
- 4.3 If the User believes 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 User gives their express consent for receiving any communication, newsletters, and promotional offers from SayHey.
5. Disclaimer Relating to Intellectual Property for users
- 5.1 The contents available on the platform of SayHey are only for information purposes. If any information causes any damages or losses to the User, SayHey will not be held liable for such damages or losses. The portal of SayHey may contain contents from third-party sources, including contents uploaded by Wellness Professionals. If such information causes any losses or damages to the User, they cannot hold SayHey liable for any losses or damages that occur to them. The platform of SayHey may contain third-party content or third-party advertisement and in such cases, the owner of such content or advertisement will be the third-party, and they shall enjoy all rights as avail to them under the laws of India.
- 5.2 The messages which the User posts in the forum are the property of such User and SayHey will not have any right over such posted messages. And if any User has suffered loss from such posted content then SayHey will not be liable for any loss to the aggrieved party.
- 5.3 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 for Users
The services of SayHey are designed for Users of all age groups. However, the User must be above the age of 13 years or the age of majority in your province, territory or country to register as a User on the SayHey platform. If the User is below the age of 13 years, then the User may avail of the services or products of SayHey only with the involvement and consent of a parent or legal guardian, as some services of SayHey could create financial liability to pay on the User.
8. General Guideline for using Forum
The User should adhere to the following forum guidelines before posting any content on the forum platform of SayHey and if any of the guidelines are not complied with by the User then SayHey has express authority to delete such content or to take any further action as deemed fit by SayHey and which shall also include deleting or deregistering the account of such User.
- 8.1 The content as posted on the forum should not infringe the rights of any fellow User, SayHey, and third-party and shall comply with provisions of all these terms and conditions and the privacy policy.
- 8.2 The content such posted by the User should not include any nudity or obscene element, invasion of the privacy of others, defamatory or libelous content, threats, or harassment.
- 8.3 The User is prohibited from using any non-polite slang or any derogatory language that hinders the interest of any other User or the society at large.
- 8.4 The User is prohibited from posting any content relating to any political party, administrative authority, or such other establishment of the government of India.
- 8.5 The User cannot promote any business products or services or of any third party on the platform of the Forum.
- 8.6 The User is prohibited from acquiring any personal details of other User of the forum.
- 8.7 The User is barred from promoting any hate or hate relating activities on the platform of SayHey.
- 8.8 The User cannot reproduce, alter, modify, or undertake any such activities that could affect the functioning of forum services of SayHey. If the User indulges in any of the abovementioned activities then in such a scenario it would be deemed that such User has infringed the intellectual property of SayHey then SayHey will initiate appropriate actions under the applicable laws of India.
- 8.9 The content posted on the forum is the User’s property and SayHey has no rights over such posted content on the forum. However, by submitting the content on the forum platform of SayHey the User gives express authority to SayHey to use, and reproduce any content of the User without paying any royalty.
9. Payment and Refund Policies of SayHey
- 9.1 SayHey provides services and products on payment of fees that shall be chargeable in Indian Rupees and subject to taxation laws of India as applicable.
- 9.2 Such fees are to be paid to SayHey online through its third-party payment gateway only. When the User clicks on the payment gateway link the user will be redirected to the payment gateway website and in the event the transaction fails, the amount is deducted from the account of the User then it shall be refunded within 7 days of transaction in accordance with the refund policy of the third-party payment gateway website. Under no circumstances SayHey will be held liable for the refund amount that is deducted from the account of the User.
- 9.3 It is deemed that the User has evaluated the services before making any payment to SayHey. The User understands that a lot of processes are undertaken by the Wellness Professional or SayHey to deliver the service to the User and hence if a User elects to cancel the services after the payment then the User is not entitled to a refund. The payment made can be used for any other services on the application. If any User reschedules any appointment, then he cannot cancel the same.
- 9.4 The User shall be liable for refund only if there is any technical glitch in the application. The User shall raise a query on the application for refund on the basis of which amount of refund shall be determined. However, refund shall not be initiated if the technical glitch or disturbance is from User’s end.
- 9.5 The User shall not be liable for refund if he has used non-polite slang or any derogatory or abusive language that hinders the interest of any other User or the society at large language with the Wellness Professional and he can thereby be debarred from the application.
10. Terms and Conditions for Empathy Listening Service of SayHey
Empathy Listening is the flagship service of SayHey. The Empathy listening service shall be provided by Empathy listeners engaged by SayHey. The Users have to adhere to these terms and conditions for the smooth functioning of these services:
- 10.1
The User will have to choose an Empathy listener with whom they wish to connect on call. The profiles of Empathy listeners are available on the platform of SayHey.
10.2To avail a service from Empathy Listener the User has to book an appointment with the Empathy Listener by filling out a form and making the necessary payment.
- 10.3
The User shall not provide his personal details and medical reports to the Empathy listeners. - 10.4
The call will be held through the calling application as available on the platform of SayHey or third-party platforms as duly authorized by SayHey. SayHey respects the privacy of the User and will not store, or record any meeting between Empathy Listener and User. However, for better functioning of the platform SayHey may record data in compliance with the Privacy Policy of SayHey.
- 10.5
In the event of any medical or psychological episode experienced by the User that results in the User bodily harming himself or others or if the User commits suicide then in such a scenario the Empathy listener or SayHey will not be held accountable. No family members or legal heirs of the deceased User can file a suit for damages against SayHey or Empathy listeners.
11. Advertisement link and Products of Third Party
The Platform of SayHey may include an advertisement link to third-party products or services and by clicking on such a link the User will be redirected to third-party websites and applications. In such a scenario SayHey will not be held liable if the User incurs any damages or there is any deficiency in the services or product of a third-party, the User can neither claim any kind of refund from SayHey nor file any suit against SayHey. However, the User can file for necessary relief as available under the law against the third-party.
12. Warranties and Indemnity
- 12.1
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. - 12.2
SayHey disclaims 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. - 12.3
Over the course of the period SayHey may incorporate third-party products or services on its platform. If the User 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 User can file for relief under the applicable laws of India. - 12.4
The User has read and understood clause 8 of these terms and conditions and the User agrees that he shall not use the forum for spamming, pyramid schemes, or any type of distribution list, neither shall collect any information from other User of the forum.
- 12.5
The User shall indemnify SayHey against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the User. The User hereby indemnifies SayHey 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. Limitation of liability
- 13.1
SayHey shall use all reasonable efforts to make service available to its stakeholders but SayHey shall not be held liable for any interruption in the service and it reserves all the rights relating to the services and shall not be held liable for any in-app activity wrong happenings. It is understood that minimum technical system requirements are necessary for the smooth operation of the platform if the User fails to provide such minimum technical system requirement and that causes any interruption in services it shall not be considered as the fault of SayHey and SayHey will not be held liable for any loss occur to them. - 13.2
Users can avail any number of sessions with the Empathy Listeners as per their own discretion. SayHey does not guarantee a fixed number of sessions after which the User will get desired results from the session. User cannot claim any damages from SayHey in this regard. SayHey shall not be held liable for any losses, damages, third-party claims, actions, or proceedings arising out of not receiving desired results after a fixed number of sessions.
- 13.3
The Empathy listeners are engaged by the Company and are well-versed in empathy listening. SayHey has a contractual relationship with them. SayHey assumes no responsibility or liability for any counseling advice given to the User by Empathy listeners and shall not be held liable for any action of Empathy listeners.
14. 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.
15. Termination of Account of User
- 15.1 The User can terminate his account from the platform by fulfilling the account deletion process as available on the website, application, or any other product. However, the data of such User will be stored by SayHey in accordance with the privacy policy.
- 15.2 SayHey can terminate the account of the User if the User has infringed any clause of the privacy policy or terms and conditions. SayHey is not required to give any advance notice for deleting such an account of the User. On such termination, the User cannot claim any damages under any law applicable in India.
- 15.3 Upon termination, the User can request for the retrieval of data stored in their account from SayHey by sending a request by email at help@sayhey.co.in. However, SayHey shall have the right to reject your request fully or partially.
16. Dispute Resolution
In the event of any dispute arising between SayHey, the User, or the wellness professional or the empathy listener, 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.
17. General
- 17.1 SayHey shall be under no liability to the User 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.
- 17.2 SayHey can use any content posted in the Forum by the User for advertisements, promotions, or any other purposes without paying any fees to the User and without any notice to the concerned User.
- 17.3 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.
- 17.5 These Terms and Conditions contain all the necessary clarifications and explanations required by any person using the platform for such use as stated by SayHey. These Terms and Conditions are binding on the User and Wellness Professional using the Website without any doubts of ignorance.
- 17.6 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.
18. Reviews and Feedback
- 18.1 Any information shared by the User on SayHey’s platform, including personal information, reviews, feedback, pictures, etc., shall be subjected to SayHey’s privacy policy.
- 18.2 SayHey cannot be made responsible for any content or information provided as a review or feedback, and the User shall indemnify SayHey against any third-party claims arising out of such content or information posted by them as a review or feedback.