ONLINE TERMS AND CONDITIONS FOR USER AND WELLNESS PROFESSIONALS
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”), 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
TERMS AND CONDITIONS
1. Definition for the terms used under this Terms and Conditions
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 KMR & Friends Pvt. Ltd And for this policy is deemed to be a provider of Services.
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 Wellness Professional
Wellness Professional, Mental health professional, therapist, expert, doctor, or any other terminology used under this policy are all in reference to the qualified Psychologist or Mental Health Practitioner.
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 and wellness professionals.
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 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:
3.1 Registered Address:
B-120, Rajlegacy, Opposite Suryanagar LBS Marg,
Vikhroli West, Mumbai-400083, Maharashtra, India.
3.2 KMR And Friends Private Limited Registration Number: U72900MH2021PTC370832
3.3 Email Address: email@example.com
4. Terms and Conditions for registering with SayHey
4.1 For Users
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 acknowledge 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 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.
For Wellness Professionals
For availing the services on the platform of SayHey the Wellness Professional is required to register with SayHey in the prescribed form as available on its websites, application, or on any other platform of SayHey. The Wellness Professional acknowledges that they have provided SayHey with accurate and complete registration information along with necessary documents such as the professional qualification and past work experience for wellness professionals, and such other information as may be reasonably requested by SayHey. Also, SayHey holds, the exclusive right to verify the information/ data provided by Wellness Professional at the time of registration and if found to be incorrect or fails verification then such Wellness Professional will not be allowed to register on the platforms of SayHey.
4.2 The User and Wellness Professional 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 firstname.lastname@example.org
4.3 If the User or Wellness Professionals 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 User and Wellness Professional give their express consent for receiving any communication, newsletters, and promotional offers from SayHey.
5. Disclaimer Relating to Intellectual Property
5.1 For Users
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 case, the owner of such content or advertisement will be third-party and they shall enjoy all rights as avail to them under the laws of India.
5.2 For Wellness Professionals
Wellness Professionals may post content on SayHey’s feed with respect to the theme of the website or related content. The Wellness Professional shall have sole rights over the content. The Wellness Professional shall be liable for any damages or losses arising out of any use of such content posted by them. The Wellness Professional shall further indemnify SayHey against any losses, damages, claims, actions, or proceedings arising out of such content posted by the Wellness Professional.
5.3 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.
5.4 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.
7. Age Criteria for Using the Services of SayHey
7.1 For User
The services of SayHey are designed for Users of all age groups. However, the User must be above the age of 18 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 18 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.
7.2 For Wellness Professional
For registering on the portal, the Wellness Professional 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. 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.
8.2 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 Guidelines for Wellness Professional
The Wellness Professional is required to register himself under all applicable rules, regulations, guidelines, norms, and statutes as applicable to him for working as a professional in the field of mental health and for telemedicine consultation as applicable under the laws of India.
10 Payment and Refund Policies of SayHey
10.1 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.
10.2 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 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.
10.3 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. However, the User is permitted to cancel the schedule appointment with the Wellness Professionals only if the User has initiated the cancellation request 1(One) hour before the scheduled time of the appointment, thereafter the cancellation of scheduled appointment is not permitted. If any User reschedules any appointment, then he cannot cancel the same. The refund for any cancelled services (as mentioned above) will be credited within 15(Fifteen) working days.
11 Terms and Conditions for Counseling Service of SayHey
Providing counseling to the User is the flagship service of SayHey. The counseling is provided by Wellness Professionals who are experts in the field of mental health. The parties have to adhere to these terms and conditions for the smooth functioning of this service
11.1 The User will have to choose a Wellness Professional from whom they wish to take consultation. The profiles of Wellness Professionals are available on the platform of SayHey.
11.2 To avail a consultation service from Wellness Professional the User has to book an appointment with by filling out a form and making the necessary payment.
11.3 The User has to provide Wellness Professional with his medical reports and history so that Wellness Professional can give sound advice.
11.5 The Wellness Professional agrees that on deletion or deregistration from SayHey the Wellness Professional shall delete all data stored with him relating to User counseling. Further, Wellness Professional expressly agrees that on deregistration or deletion of the account from the platform of SayHey, the Wellness Professional will not solicit any User of the SayHey.
11.6 In the event of any medical or psychological episode experience by the User that results in bodily harming himself or others or commits suicide then in such a scenario the Wellness Professional 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 Wellness Professionals.
12 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.
13 Warranties and Indemnity
13.1 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.
13.2 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.
13.3 Over the course of the period SayHey may incorporate third-party products or services on its platform. If the User or Wellness Professional 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 or Wellness Professional can file for relief under the applicable laws of India.
13.4 The User has read and understood clause 8 of these terms and condition and the User agree 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.
13.5 The User
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.
13.6 Wellness Professional
The Wellness Professional shall indemnify SayHey against any third-party claims that may arise due to any intellectual property claims if the Wellness Professional uses, downloads, or copies any content from SayHey’s website for any personal use or commercial gain. The Wellness Professional shall indemnify SayHey against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the Wellness Professional. The Wellness Professional hereby indemnifies SayHey and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the Wellness Professional’s use of the platform.
14. Limitation of liability
14.1 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. 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.
14.2 The counseling service as provided by SayHey may require multiple sessions between User and Wellness Professional. SayHey does not guarantee a fixed number of sessions after which the User will get desired results from the session. And User cannot claim any damages from SayHey in this regard. SayHey shall not be liable for any losses, damages, third-party claims, actions, or proceedings arising out of not receiving a fixed number of sessions.
14.3 The Wellness Professionals are qualified psychologists and are experts in the field of mental health. SayHey has a contractual relationship with them. SayHey assume no responsibility or liability for any counseling advice given to the User by Wellness Professional and shall not be held liable for any action of Wellness Professional.
All notices shall be given to SayHey via e-mail at: email@example.com
or by post to SayHey’s address as set out under Clause 3.1 of this Terms and Conditions.
16. Termination of Account of User and Wellness Professional
16.3 Upon termination, the User can request for the retrieval of data stored in their account from SayHey by sending a request by email at firstname.lastname@example.org .However, SayHey shall have a right to reject your request fully or partially.
The Wellness Professional
16.6 On termination of Agreement with Wellness Professional all licenses, login data, and such other data which was provided by SayHey after successful registration needed to be surrendered to SayHey, the Wellness Professional shall not be any backup facility for SayHey’s data.
16.7 On termination of the account of Wellness Professionals 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 Wellness Professional.
17. Dispute Resolution
In the event of any dispute arising between SayHey, the User, or the wellness professional, 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.
18.1 SayHey shall be under no liability to the User and Wellness Professional 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.
18.2 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.
18.3 SayHey can use any data provided by the Wellness Professional for advertisement and marketing purposes without paying any fees to the Wellness Professional and SayHey is under no obligation to intimate Wellness Professional before using their details.
18.4 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.
18.5 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 User and Wellness Professional using the Website without any doubts of ignorance.
18.6 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.
19. Reviews and Feedback
19.2 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.