User Terms and Conditions
BY USING, ACCESSING OR CLICKING ON ACCEPT, OR OTHERWISE BY USING THE PLATFORM AND THE SERVICES, USER AGREES TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). USING OR ACCESSING THE PLATFORM AND THE SERVICES BY ANYONE UNDER 18 IS STRICTLY PROHIBITED AND IN VIOLATION OF THIS AGREEMENT. THE PLATFORM AND THE SERVICES SHALL NOT BE MADE AVAILABLE OR RESTRICTED FOR ANY USERS PREVIOUSLY REMOVED FROM THE SERVICE BY COMPANY AT ITS SOLE DISCRETION. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF USER, REPRESENT, WARRANT AND COVENANT THAT YOU HAVE FULL AUTHORITY TO BIND USER TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND THE AGREEMENT OR YOU HAVE SUICIDAL TENDENCIES OR SPECIFIC MEDICAL CONDITIONS THAT REQUIRE ATTENTION OF LICENSED PRACTITIONERS, DO NOT CLICK ON “ACCEPT”, OR USE OR ACCESS THE PLATFORM AND SERVICES.
1.1 “Confidential Information” means this Agreement, Platform, services offered by Company, documentation, information, drawings, benchmark tests, specifications, trade secrets, source code, object code, executables, and any other proprietary information, or information, which by its nature is confidential, and supplied to User by Company, or by User to Company.
1.2 “Documentation” means any written documentation, manuals or specification sheets, which may or may not be related to the working of the Platform or the Services.
1.3 “User” means you, or any person agreeing to the terms and conditions of the Agreement, by using, or accessing the Platform and the Services, or by clicking on ACCEPT. User may also be referred to as “You” or “you”
1.4 “User Fee” means the fees for the access and use of the Platform and/or the Services.
1.5 “User Data” means all data, including all tea of image files, and personally identifiable information and sensitive personal information including health information, which are provided by the User.
1.6 “Online Service” or “Services” services provided to the User through online access of the Platform, including but not limited to data processing, and over the air upgrades.
1.7 “Website/Platform” means a website, including any computer program(s)/application deployed in Company subscribed or Company controlled third party cloud hosting services provided to User and accessed by User. Platform includes all modifications, enhancements, configurations, and customisations, of source code, binary code, user interfaces, APIs, libraries, data integration patterns, data structures, automations, patterns, artefacts, developed through cognitive computing, architecture, and related designs.
1.8 “Use” use means to access and use the Platform and Services as per the terms of this Agreement.
1.9 “Company” means HEYY PTE LTD. is a company having its registered office at 6 RAFFLES QUAY, #11-07, SINGAPORE 048580, which owns all rights, titles, interests, and intellectual property rights into the Platform and the Services. Company maybe be referred to as “Heyy”, “Us” or “us”
- LICENSE PERMISSIONS AND RESTRICTIONS
2.1 LICENSE GRANT
You must be registered member to access certain features of our Platform.
Subject to the terms and conditions of this Agreement, and upon payment of the user Fees, where applicable and indicated on the Website, Company grants to User a non-exclusive, non-transferable, non-sublicensable, terms based, fee based, revocable, limited license to access and Use the Platform and receive the Services within the territory of India. All rights, not expressly mentioned herein are reserved by Company. The Platform and the Services are licensed and not sold or assigned.
The license may be withdrawn and revoked at the sole discretion of Company without any liability with or without reason, including because of breach of these User Terms, non-payment of User Fees, disorderly or unlawful conduct.
To Summarise: Our Platform is only for registered users, and to be used only for purposes of receiving our services upon paying a fees. If You do not act as per the terms of these terms, We may revoke your rights to access the Platform.
2.2 USER DATA AND THIRD PARTY SERVICES
Third Party services: The Platform, uses and access, third party services as mentioned above, along with links to their terms. User agrees to such terms and conditions, in order for it to use the Platform and receive the Services. Company shall not be liable to User for any liabilities or claims arising out of any such third party services. User shall be responsible for payment of any internet or data charges as per its agreed arrangement with third party internet service providers. Company shall not be liable for any Services other than the upkeep of the Platform as per this Agreement and the warranty provisions. Company shall have the right, and User specifically CONSENTS to aggregation of User Data by Company for the testing and improvement of its Services, and for sharing with the third party service providers for the testing and improvement of their services. Company shall further use the User Data, only where it has aggregated and de-identified any personally identifiable information.
Company may store the User data for the sole purpose of improvement and testing of the Services beyond the term of this Agreement. Company shall use all commercially reasonable measures to protect the confidentiality of User Data. However, because of the rising number of cyber threats no platform, network is fully secure, and there is every possibility of data leakage. We cannot be held liable where even after providing reasonable security, data gets leaked.
Any comments, suggestions, feedback or any material (“User Comment”) posted by User shall be reviewed by Company, and may not be allowed to be posted, or may be updated or modified by Company to ensure it is as per the policy of the Company. User represents and warrants that User shall not post any User Comment, which is unlawful, pornographic, is a misrepresentation, fraudulent, or infringing on any third party intellectual property rights.
User further shall grant Company a non-exclusive, fully paid up, royalty free, irrevocable, perpetual (“notwithstanding, the right of revocation as per the Copyright Act of 1957) right and license to use the User Comment for Company’s business and commercial purposes.
To Summarise: a) We collect certain personal information including while registering you to our services and you consent to our use of the same for legitimate business purposes; b) We may use Artificial Intelligence for certain functionalities while providing the Services; c) We will protect your personal information as per our Privacy Terms; d) Your data is hosted on third party servers; e) We may share your data with third parties under confidentiality obligation, only for the purposes of providing the services; f) we may aggregate your data, and de-identify the data for improving the services, platform, and marketing purposes; g) we may use any user feedback, and comments for marketing or testimonial purposes, and may even modify the same, or not allow it to be posted and h) though we have measures to protect data, but due to constant threats, there is possibility of data breach.
2.3 LICENSE RESTRICTIONS
User agrees that it will not itself, or through any parent, subsidiary, affiliate or any other third party: a) sell, lease, license, sublicense, encumber or otherwise deal with any portion of the Platform or Documentation; b.) decompile, disassemble, or reverse engineer any portion of the Platform; c.) reproduce the Platform or design or create any derivative work based on the Platform or any confidential information provided by Company; d.) use the Platform to provide processing services to third parties, commercial timesharing, rental arrangements, bureau use or hosting for online access; e.) remove or modify any copyright notices or circumvent any security features incorporated in the Platform; or f.) provide, disclose, divulge or make available, or permit use of, the Platform by persons other than User or User’s employees without Company’s prior written consent.
When User is creating an account, User must provide and ensure the accuracy and completion of information, and the User shall ensure that such information is kept upto date. User shall be solely responsible towards the activities that may occur on User account and User must keep such account password secure. Company always encourages on the usage of strong passwords which are alphanumeric and with special characters. User has the sole obligation of notifying Company of any breach of security or unauthorised access or use of the account immediately. Company will in no manner be liable for any losses caused by any unauthorised use of your account.
User agrees not to post User Data that: i) may cause loss, risk of harm, mental or physical injury, distress, or death to any person, or to any animal; ii) loss or damage to any property; iii) may be considered as, or may contribute to any crime or tort; iv) may be harmful, or unlawful including but not limited to any abusive, obscene, offensive, racially motivated or otherwise which may be objectionable; v) violates any laws; or vi) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise. User agrees that any User Data that may be posted shall be original, and shall not violate or infringe any third party rights, of any kind or rights of privacy of any third party. Company expressly reserves the right, to reject and/or remove any User Data that Company believes in its sole discretion, violative of any of the foregoing provisions.
Except as explicitly expressed in Section 2.1, nothing in this Agreement shall be construed as granting or conferring by implication, estoppel or otherwise any license or right under any intellectual property rights or any other right whether proprietary or otherwise to the User.
To Summarise: There are certain activities which are unacceptable. These are listed above. Ensure that your use of the platform should be for personal, and legal purposes and maintaining respect for other users including professionals and Heyy helpers. We may bring an action against you and revoke your right to access the platform if you act in bad faith, undergo illegal activities, disrespect other users or post comments affecting sentiments of users. We may
- WARRANTY, LIABILITY AND INDEMNITY
3.1 Company warrants that: i) it has the authority to enter into this Agreement; ii) to its knowledge the Platform does not include any malicious code or viruses.
3.2 User represents and warrants that i) all obligations, statements relating to User herein in this Agreement are true; ii) it shall comply by the terms of this Agreement; iii) it has the rights to enter into this Agreement; and iv) it shall comply with all laws.
3.3 EXCEPT AS SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, Company MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING OR RELATING TO THE PLATFORM, SERVICES OR DOCUMENTATION, OR ANY OTHER MATERIAL OR SERVICES. SPECIFICALLY, Company DOES NOT WARRANT AND DISCLAIMS THAT THE PLATFORM AND THE SERVICES WILL BE ERROR FREE, NON-INFRINGING OR WILL PERFORM IN AN UNINTERRUPTED MANNER. THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS”, AD WITH “ALL FAULTS”. TO THE GREATEST EXTENT ALLOWED BY LAW, Company SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (EVEN IF Company HAD BEEN INFORMED OF SUCH A PURPOSE), AND MERCHANTABILITY. FURTHER USER ASSUMES ALL RISKS THAT THE PLATFORM AND SERVICES ARE SUITABLE OR ACCURATE FOR THE User’S NEEDS, AND THE USE OF THE PLATFORM AND THE SERVICES IS THE USER’S OWN DISCRETION AND RISK.
3.4 IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF GOODWILL, COST OF COVER OR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE PLATFORM OR RECEIPT OF THE SERVICES HEREUNDER OR ANY DELAY IN DELIVERY OF THE PLATFORM OR SERVICES, IRRESPECTIVE OF WHETHER IT HAS AN ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN ANY EVENT Company’S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT, LAW OR TORT), FOR DAMAGES, LIABILITIES OR LOSS, HOWSOEVER ARISING OR CAUSE, WHETHER OR NOT ARISING OUT OF COMPANY’S NEGLIGENCE SHALL IN NO EVENT BE GREATER THAN INR 10,000. THE DISCLAIMER OF WARRANTIES, EXCLUSIVE REMEDIES AND LIMITED LIABILITIES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER.
3.5 USER REPRESENTS, WARRANTS, COVENANTS AND UNDERSTANDS THAT THE DOCTORS, PSYCHOLOGISTS, COUNSELLORS, THERAPISTS AND OTHER EXPERTS (“CARE PROVIDER(S)”) ARE INDEPENDENT CARE PROVIDERS, AND COMPANY IS AN INTERMEDIARY CONNECTING THE CARE PROVIDER TO THE USER, AND DOES NOT TAKE ANY RESPONSIBILITY FOR THE SUGGESTIONS PROVIDED BY THE CARE PROVIDERS. USERS SHOULD CHECK THE CREDIBILITY OF THE CARE PROVIDER FROM EITHER THE PROFILE PROVIDED ON THE PLATFORM OR ON THEIR OWN. COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR VALIDATING THE CREDENTIALS OF SUCH CARE PROVIDERS. YOU TAKE ALL RESPONSIBILITY ABOUT YOUR DECISION TO TAKE, ACCEPT OR ACT ON SUCH ADVISE.
3.6 USER SHOULD CHECK WITH A DOCTOR IN ADDITION TO USING THE APP BEFORE MAKING ANY MEDICAL DECISIONS.
3.7 USER FURTHER REPRESENTS AND WARRANTS THAT IF USER FEELS OR HAS ANY SUICIDAL TENDENCIES, USER SHALL ENSURE THAT USER TAKES PROPER MEDICAL CONSULTATION, AND MAY NOT RELY ON CARE PROVIDER OR HOLD COMPANY LIABLE. If you are thinking about suicide or for any emergency please connect with the crisis helpline numbers provided.
3.8 IF USER IS A HEYY HELPER, THEN USER UNDERSTANDS THAT ANY MATERIAL ON ANY SUBJECT OF MENTAL HEALTH OR TREATMENT PROVIDED BY HEYY IS TO BE CONSIDERED AS MATERIAL WHICH MAY BE USED AS A OPINION, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVISE. YOU ARE REQUIRED TO USE YOUR PROFESSIONAL TRAINING FOR TREATING AND HELPING OTHER USERS. For the purposes of this Agreement, a Heyy Helper is not a professional degreed medical professional, but who through experience has acquired necessary experience (self disclosed) for providing such advisory services as required through the Platform.
3.9 User further represents and warrants that users understand that Heyy is not liable for any comments posted on the forum by a User hurting any sentiments or causing any kind of hurt to an other user. Users disclaims any recourse against Heyy and shall not hold Heyy liable for any such posts of other users, which have caused any form of hurt to such user.
3.10 The User shall indemnify and hold Company, its agents, owners, subcontractors and partners harmless from and against any and all claims against for breach of User’s confidentiality obligations, breach of applicable laws, data privacy, and breach of this Agreement, including Section 2 and 3.
To Summarise: You are legally eligible to enter into this agreement, and that you understand the terms and conditions. Though we will try to ensure that the Platform is up and running, but we cannot guarantee that there will no be a downtime, or that the Platform will not have faults and defects, or even that all information provided will be accurate. For any emergency conditions we recommend that you approach an expert at the earliest and not depend on these services, and that these services are not an alternative for professional medical help. The experts, professionals and Heyy helpers are independent and provide their independent opinion. We are not liable for the advises provided by them. We help you by connecting the professionals with the those seeking assistance, and vice versa.
The Services are provided at a fee, which is referred to as User Fee. User Fee is to be paid in advance. User Fee is non-refundable. User Fees for Services shall be made available to User prior to accessing such Services.
To Summarise: Access to Platform and Use of certain Services are upon payment of fees. Fees are non-refundable.
Each party acknowledges that the Confidential Information constitutes valuable trade secrets and each party agrees that it shall use the Confidential Information of the other Party solely in accordance with the provision of each other’s obligations and rights under this Agreement, and will not disclose, or permit to be disclosed, the same, directly or indirectly to any third party without the other party’s prior written consent, subject to Company’s right in User Data as per Section 2 of this Agreement. However, neither party bears any responsibility for safe guarding information, which is I) publicly available; ii) obtained by the other party from a third party without restrictions on disclosure; iii) independently developed or acquired lawfully, and without reference to the Confidential Information; and iv) required to be disposed by a court order, or there governmental order.
To Summarise: We are all responsible for maintaining confidentiality of the data or any information we receive though the platform.
- TERM OF AGREEMENT
This Agreement shall be in force, as long as the User Uses the Platform and receives the Services upon payment of the User Fees. Company shall have the right to terminate the Agreement for any reason with or without cause without any liability or damages.
The confidentiality obligations of User, warranties, representations, covenants and indemnity provisions shall survive termination of the Agreement.
To Summarise: Till the time you pay, and use our services these terms will be applicable. Because of the nature of the services, confidentiality obligations, warranties and indemnities shall continue even post termination of the services. Since, this is our proprietary platform, we will may terminate your access or usage if you do not pay, or breach any of the terms.
7.1 FORCE MAJEURE
Neither party will incur any liabilities to the other on account of loss or damage resulting from any delay, or failure to perform all or any part of this Agreement if such delay or failure is caused in whole or in part by events or causes beyond the reasonable control and without negligence of the parties. Such events occurrences or causes will include without limitation, acts of God, strikes, lockout, riots, acts of was, earthquake, pandemic, epidemic, fire, and explosion, but the inability to meet financial obligations is excluded.
To Summarise: It is not in our control if the God’s are angry, or there is a riot or a pandemic situation which disrupts our services.
If any term, condition, or provision of this Agreement, is found to be invalid, unlawful unenforceable, to any extent, the parties shall endeavour to agree to such amendments, that shall reasonably preserve the essence of this Agreement.
7.3 APPLICABLE LAW AND DISPUTES
This Agreement will be governed by and interpreted under the laws of Singapore, without regard to its conflict of laws principles. Courts in Singapore will have jurisdiction on any disputes arising out of this Agreement. The Parties agree to first escalate and resolve any issues through mediation and discussions. If the dispute is not resolved within 30 days, then the Parties shall submit themselves to arbitration, under a sole arbitrator agreed by both the Parties, or if the parties are not able to a conclusion on an arbitrator, then the arbitrator shall be chosen as per the rules of SIAC. The arbitration shall be governed by the rules of SIAC, and the language of the arbitration shall be English. The adjudication by the arbitrator shall be final and binding on the Parties.
Any notices to be sent to Company shall be sent to email@example.com.
7.5 CHANGES TO THE TERMS
The terms are updated as of March 01, 2021