A Counselor refers in these terms and conditions is any counselor, consultant, practitioner, professional, expert, coach, advisor, psychologist or any other person who registers to provide Counselor Services, through the use on the Platform, to the User and the Counselor is an independent and/or separate entity with the Company and is not the Company’s agent, employee and/or representative.
The User refers in these terms and conditions is a person who registers or subscribes to use the Platform to engage with the Counselor for counseling, consulting, professional advice and/or any other services and/or information provided on the Platform.
The Platform refers in these terms and conditions is an online website provides by the Company for the service of the Counselor which can be accessed by the user through the website address available at www.thehelptalk.com and via mobile application that can be downloaded from an online store application such as Appstore or Google Play.
The Company refers in these terms and conditions is The Help Talk Services PLT (LLP0012573-LGN), a business registered in Malaysia on 30.08.2017.
THE COUNSELORS AND COUNSELOR SERVICES
The Counselors are neither the Company’s employees nor agents nor representatives and the Company bears no responsibility for any act, omission or doing of any Counselor.
The Company make no representation or warranty whatsoever as to the willingness or ability of a Counselor to give advice and whether or not the User will find the Counselor Services relevant, useful, correct, satisfactory or suitable to the User’s needs.
The Company do not control the quality of the Counselor Services and do not determine whether any Counselor is qualified to provide any specific service as well as whether a Counselor is categorized correctly or matched correctly to the User.
The Company will try its best from time to time to provide the best quality of the Counselor’s services and will exercise its reasonable effort to ensure that the skills, degrees, qualifications, licensure, certification, credentials of the Counselor qualify the Counselor to provide the Counselor Services and in its sole discretion, the User hereby acknowledge that the Company do not represent to verify, and do not guarantee the verification and the truthfulness of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Counselor.
It is the User's responsibility to conduct independent verification regarding any Counselor that provides the User with Counselor Services (whether through the Platform or not) and the Company strongly recommends that the User will conduct this verification prior to communicating with any Counselor through the Platform and on a continuous basis as the User use the Platform.
The User relationship and/or communication relating to the Counselor Services is strictly within the Counselor and the User, and the Company is not involved in any way with the actual substance of that relationship or any part of the Counselor’s Service (whether provided through the Platform or not), and the Company hereby warrants that the Company shall not validate or involve in any of the Counselor Services.
The Counselor’s reply to the questions posted by the User will be subjected to the Counselor’s availability and the Counselor will exercise reasonable efforts to reply or respond to the questions of the User.
In the event that the User intends to switch Counselor, the Company hereby reserves the right and shall have absolute discretion to decide on the approval of the switch of the Counselor.
Any payment made by the User through the Platform, or directly to the Company, the payment is solely made to the Counselor for the purposes of the Counselor Services. The Company may charge the counselor by taking a portion of this payment for the use and operation of the Platform ("Platform Use Fees"). Strictly without prejudice basis, the Company cannot be deemed as the counselor of any Counselor Services regardless of any payment. Furthermore, the payment for the use of the Platform is made by the Counselor and not by the User.
REPRESENTATION AND WARRANTIES BY THE USER
The User hereby confirm that the User is at least 18 years old and has a legal capacity into a contract when registers as the User on the Platform.
The User hereby confirm and agree that all the information provided by the User in or through the Platform is accurate, true, current and complete and the User will ensure to maintain and update the current information on the Platform when necessary.
The User hereby agree, confirm and acknowledge that the User are responsible for maintaining the confidentiality of the password and any other security information related to the User’s account (collectively "Account Access")and it is advisable to change the password frequently and to take extra care in safeguarding the password.
The User hereby further agree to notify the Company soonest possible in the event the User notify that there is unauthorized use of the Account Access or any other concern for breach of the User’s account security.
The User also agree, confirm and acknowledge that the Company will not be liable for any loss or damage that incurred as a result of someone else using the User’s account, either with or without the User’s consent and/or knowledge.
The User further agree, confirm and acknowledge that the User are solely and fully liable and responsible for all activities that are made by using the User’s Account Access the User will be liable and responsible for any damage or loss incurred as a result of the use of the Account Access by any person whether authorized by the User or not, and the User hereby agree to indemnify the Company for any such damage or loss.
The User hereby agree and confirm that the use of the Platform, including the Counselor Services, are for the User own personal use only and not for or on behalf of any other person or organization.
The User also agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Company systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
The User agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
(a) unsolicited email and/or advertisement or promotion of goods and services;
(d) any content that infringes a third party right or intellectual property;
(e) any content that may cause damage to a third party;
(f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
The User further agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.
In the event the User receives any file from the Company or from a Counselor, whether through the Platform or not, the User must check and scan this file for any virus or malicious software prior to opening or using this file.
The User will indemnify, defend and hold the Company harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
(a) the User access to or use of the Platform;
(b) any actions made with the User’s account or Account Access whether by the User or by someone else;
(c) the User’s violation of any of the provisions of this Agreement;
(d) non-payment for any of the services (including Counselor Services) which were provided through the Platform;
(e) the User’s violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
USE OF THE PLATFORM
All the features and functionality of the Platform will be subjected to the Company’s decision, instruction and/or consent.
The Company reserves the right to close, change, modify, suspend, disrupt or discontinue the Platform or any part of the Platform (including the profile of the Counselor when there is any spelling errors) without any prior notice to the User for whatsoever reasons (including but not limited to maintenance) that the Company seems reasonable for the continuation of the services provide and the Company will not be held liable for any losses, damages, harms that may be suffered by the User as the consequences of the aforesaid actions.
The Platform is not guaranteed by the Company to be fully uninterrupted and/or error-free while the service is provided to the User, but the Company will ensure that in the event the Platform is unavailable or inaccessible, the Company will attempt to fix the problem soonest possible and the Company shall have absolute discretion to decide whether or not to reimburse to the User in the event the Platform is under maintenance for an unreasonable length of period.
The Company hereby reserves its right to terminate the User’s account without any refund for payment that had been made by the User in the event the Company find out there is misuse of the User’s Account and/or the Platform for unauthorized purposes and the Company or the Counselor notify that the User no longer fit for the Counselors Services and further medical advice from doctor or other qualified healthcare counselor are necessary for the User.
The Platform enables the User to communicate with the Counselor for the purpose of getting counseling, information, advice or any other input, benefit or service (collectively "Counselor Services").
The User hereby agree, confirm and acknowledge that although the Counselor may provide the Counselor Services through the Platform, the Company cannot assess whether the use of the Counselor, the Counselor Services or the Platform is right and suitable for your needs. THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY THE COMPANY. As operators of the Platform, the Company role is strictly limited to facilitating the communication between the User and the Counselor and to enable the provision of the Counselor Services. It is up to the User to consider and decide whether these services are appropriate for the User or not.
The User hereby agrees, confirm and acknowledge that the User is aware of the fact that the Counselor Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional and the User should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Counselor Services. The User hereby acknowledge that the User will never disregard, avoid, or delay in obtaining medical advice from doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice the User received through the Platform.
THE PLATFORM IS NOT INTENDED FOR MEDICAL OR HEALTH DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR THE USER, AND THE USER SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
The User is advised to exercise a high level of care and caution in the use of the Platform and the Counselor Services and the Company hereby assures that the confidentiality of the User’s information will always be protected but the Company cannot fully guarantee such confidentiality throughout the use of the Counselor Services as the Company cannot assess the communication between the User and the Counselor.
The Company hereby clarify that the Company is committed to provide reasonable controls to protect the Platform against foreseeable hazards such as (but not limited to) unauthorised access, software contamination, computer hacking, destruction, misuse, modifications, and improper disclosure. However, no computer system or information can ever be fully protected and the User hereby agree to accept the risk of transmitting information via the Platform when engaging the Counselor Services. By using the Platform, the User hereby acknowledge that the Company is not liable in the event these circumstances arise.
IN THE EVENT THE USER IS THINKING ABOUT SUICIDE OR CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO THEMSELF OR TO OTHERS OR IF THE USER FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF THE USER HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (999) AND NOTIFY THE RELEVANT AUTHORITIES. THE USER HEREBY ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT THE USER MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
The Platform may contain other contents, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. The User hereby confirm and acknowledge that the Company bears no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
FURTHER DISCLAIMER OF WARRANTY
THE USER HEREBY RELEASE THE COMPANY AND AGREES TO HOLD THE COMPANY HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER COUNSELOR IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.
THE USER HEREBY AGREE, CONFIRM AND ACKNOWLEDGE THAT THE COMPANY DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO
(A) ANY COUNSELOR;
(B) ANY INFORMATION ABOUT ANY COUNSELOR INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF ANY COUNSELOR;
(C) THE COUNSELOR SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A COUNSELOR;
(D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE COUNSELOR SERVICES;
(E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM;
(F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE COUNSELOR SERVICES.
THE USER HEREBY FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDE ON "AS IS WHERE IS BASIS" AND THEREFORE THE USER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST THE COMPANY. THE USE OF THE PLATFORM IS AT THE USER SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
ANY CONSULTATION WITH A COUNSELOR VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL AND THE USER ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE COUNSELOR. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER FULL AND SOLE RISK AND LIABILITY.
THE COMPANY DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE COUNSELOR OR THE COUNSELOR SERVICES.
In the event of a dispute regarding any transaction conducted via the Platform, the User hereby relieve the Company from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which the User may have against one or more of the above.
LIMITATION OF LIABILITY
THE USER HEREBY AGREE, CONFIRM AND ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
THE USER FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT THE COMPANY AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY THE USER THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
THE COMPANY EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A COUNSELOR, WHETHER RELATING TO THE COUNSELOR SERVICES OR NOT, IN CONNECTION WITH THE USER’S PAYMENT FOR THE COUNSELORSERVICES OR OTHERWISE. THE USER AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
If the applicable law in Malaysia does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
FEES AND PAYMENT
The Company hereby warrant and represent that the service provided is on a subscription basis, and the User will be billed on a monthly basis. There shall be no refunds after payment is made by the User. The User may cancel the subscription at any time during the duration of the subscription and the User shall not be billed for the immediate subsequent month. The user shall be able to utilize the subscribed service for one (1) full calendar month and able to request for change of different Counselor after two (2) weeks from the date of subscription.
The Company further clarify with the User that in the event there is any changes and or amendment to the Counselor Services’ fee, the Company will notify the User via e-mail for the User further action. If the User agrees with the new fees, all the User’s future billing will be based on the new revised rate and the Counselor Services will continue as usual. In the event the User not agrees with the new revised rate, the User will continue the remaining of the User’s subscription for the Counselor Services and may terminate or discontinue further subscription by cancelling for the subscription at the User’s settings.
The User confirm and agree that all payment related information that the User provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.
The User hereby confirm and agree to use only payment means (credit cards or others) which the User are duly and fully authorized to use.
The User agree that all current and future interactions (whether online or offline) between the user and a Counselor will be made, managed and billed through Platform.
If, for any reason, an interaction between the User and the Counselor is not made through the Platform, the User hereby agree that it will be billed through the Platform and that the standard Platform Use Fees will be charged and delivered to the Company even if the Platform hasn't been used for this interaction.
The User further agree and commit to immediately notify the Company for all the relevant details that the User receive a service from a Counselor not through the Platform or in any case that are billed by a Counselor not through the Platform.
The User also agree to pay all fees and charges associated with the User’s Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the User credit card.
By providing the Company with the User’s credit card information, the User hereby authorize the Company to bill and charge the User through that credit card and the User agree to maintain valid credit card information in the User’s Account information.
Upon agreeing to this terms and conditions, you acknowledge and covenant that any changes or adjustment of the charges of the service provided by the Company shall be informed and/or notified by the Company to you via email and the revised rates of the charges shall be imposed on the future billings. In the event that you are not agreeable to the revised rates, you are at liberty to utilize the remainder subscription, and you shall discontinue the subscription by canceling the subscription in user settings.
The Company may provide notices or other communications to the User regarding this agreement or any aspect of the Platform, by email to the email address that the Company have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to the Company must be delivered by email to email@example.com.
IMPORTANT NOTES ABOUT AGREEMENT
This Agreement and the relationship between the Company and the User shall both be interpreted solely in accordance with the laws of Malaysia and the court to bring or initiate any action or proceeding arising out of relating to this Agreement or the relationship between the Company and the User, regardless of theory, shall be the court in Malaysia.
The User hereby irrevocably consents to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND THE COMPANY AND ANY PROMISES OR REPRESENTATIONS MADE BEFORE SHALL BE SUPERSEDED BY THIS AGREEMENT.
The Company may change this Agreement by posting modifications on the Platform and it shall have an immediate effect upon the posting unless otherwise specified by the Company.
The User is hereby encouraged to check the terms of this Agreement frequently and the last update of this Agreement is posted at the bottom of the Agreement.
The User hereby agrees to be bound by such changes to the Agreement by using the Platform after the changes become effective. In the event the User do not agree to the changes made, the User must terminate access to the Platform and participation in its services.
The Company may transfer or assign this Agreement or any of its obligations hereunder.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.