The following Terms and Conditions (the "Terms of Use") govern your access and use of our online platform (the "Platform"). The Platform may be provided or accessible via multiple websites or applications, whether owned and/or operated by us or by third parties, including, without limitation, the website www.talksaya.com and its related apps (including any associated websites or mobile applications).
By accessing or using the Platform, you agree to these Terms of Use. Please read the Terms of Use carefully before using the Platform. If you do not agree to be bound by any clause in these Terms of Use, you must not access the Platform.
When the terms "we," "us," "our," or similar are used in these Terms of Use, they refer to Talk Saya Pte Ltd (the "Company").
The Platform may be used by you to connect with a licensed Counselor or Psychologist (the “Practitioner”) who will provide counseling services to you through the Platform (the “Services”).
the practitioners are independent providers who are not our employees, agents, or representatives. The Platform’s role is limited to enabling the Services, while the provision of the Services themselves is the responsibility of the practitioners who provide them. If you feel the Services provided by the practitioners do not fit your needs or expectations, you may request to change to a different Counselor who provides services through the Platform.
While we hope the Services are beneficial to you, you understand, agree, and acknowledge that services in an online environment may not be appropriate to meet everyone’s needs, may not be appropriate for every situation, and/or may not be a complete substitute for in-person services.
In accessing our Services, you agree to provide your phone number as well as the phone number for an emergency contact person.
1.1 Non-Emergency Use
YOU ACKNOWLEDGE AND ACCEPT THAT THE PLATFORM IS NOT DESIGNED FOR OR APPROPRIATE FOR CIRCUMSTANCES WHERE YOU ARE CONSIDERING SELF-HARM OR HARMING ANOTHER PERSON, OR YOUR SAFETY OR THE SAFETY OF ANOTHER PERSON IS OTHERWISE AT RISK, OR IF YOU HAVE A MEDICAL
EMERGENCY. You may refer to the crisis resources provided in the Platform and use your own judgment in such circumstances. The Platform is not designed for use in any of the aforementioned cases, and the practitioners cannot provide the assistance required in any of these situations.
The Platform is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the Platform. Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professionals because of information or advice you received through the Platform.
The Platform is also not intended for case management or crisis management, and the user agrees that the practitioners will not be undertaking such activities as part of the provision of Services.
If a Counselor you have been connected with stops using the Platform at any time after you have been connected, we will notify you that your Counselor is no longer on the Platform and provide you the opportunity to match with a new Counselor.
2. Payment
The fees to be paid for the Services are as advertised on www.talksaya.com or within the Platform. Fees must be paid in advance to access the Services. All payments are processed securely through the Platform.
2.1 No-Show and Cancellation Policy
If you are late for your session by more than 50% of your total session time, this will be considered a non-refundable no-show. Cancellations or rescheduling of appointments must be made at least 24 hours in advance; otherwise, the session fee will be forfeited.
3. Rescheduling or Cancellation of Appointments
We do not accept rescheduling requests or cancellations within 24 hours of the scheduled appointment time. If you need to reschedule an appointment, your request must be made at least 24 hours in advance. Rescheduling requests within 24 hours of the appointment time are subject to the practitioner’s availability, and no refunds will be provided for cancellations made within 24 hours of the appointment.
4. Private Arrangements
You agree that you will not, nor attempt to, make private arrangements with our Counselors to provide any services competitive with those offered by the Company on the Platform without the prior express consent of the Company.
You agree that the Company has the right to delete your account and/or refuse to provide any further Services (whether paid for in advance or not) if you breach this provision.
5. Privacy and Security
Protecting and safeguarding any information you provide through the Platform is important to us. Information about our security and privacy practices can be found in our Privacy Policy available at www.talksaya.com/privacy-policy (the "Privacy Policy").
BY AGREEING TO THESE TERMS OF USE AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THESE TERMS OF USE.
6. No Recording by User Without Consent
You agree that you will not carry out any video- or audio-recording during the session without the prior express consent of your Counselor.
7. Informed Consent
You agree, acknowledge, and accept that all input given, statements made, and suggestions provided by Counselors during the sessions are only for your consideration.
The user agrees that they are solely responsible for any decisions that the user makes (including acting upon them) as a result of their discussions with a Counselor during a session.
8. Disclaimer of Warranty and Limitation of LiabilityAccuracy of Personal Data
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OWED BY US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, DOES NOT EXCEED THE FEE FOR THE SESSION, AND WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
IF THE APPLICABLE LAW 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.
FOR AVOIDANCE OF ANY DOUBT, THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF USE.
9. Your Account, Representations, Conduct, and Commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
Minor Consent: Where consent from a parent or guardian is required to receive Services from Counselors, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Counselor Services for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to Counselor Services remains valid until the minor permanently discontinues seeking therapy on the Platform.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of these Terms of Use you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
You agree, confirm, and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm, and acknowledge that we will not be liable for any loss or damage that occurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm, and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable
and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and confirm that your use of the Platform, including the Services, is for your own personal use only and that you are not using the Platform or the Services on behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our 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.
You agree and commit not to make any use of the Platform for the posting, sending, or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party's right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content that may constitute, cause, or encourage a criminal action or violate any applicable law.
You 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 practitioners and us.
If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us (including our shareholders, directors, officers, and employees) and the practitioners harmless from and against any and all claims, damages, losses, causes of action, demands, costs, liabilities, or expenses (including, but not limited to, legal fees and disbursements on a full indemnity basis) arising out of or relating to any of the following: (a) your access or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your breach of any of the provisions of these Terms of Use; (d) non-payment for any of the services (including Services) which were provided through the Platform; (e) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. This clause shall survive the expiration or termination of these Terms of Use.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Methods”) that you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current, and correct and will continue to be accurate, current, and correct.
You agree to pay all fees and charges associated with your account according to the fee schedule, the terms, and the rates as published on the Platform. By providing us with your Payment Methods, you
authorize us to bill and charge you through those Payment Methods, and you agree to maintain valid Payment Methods information in your account information.
If you have any concerns about a bill or a payment, please contact us immediately by sending an email to support@talksaya.com. We will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor and issuing partial or full refunds if applicable.
10. Modifications, Termination, Interruption, and Disruptions to the Platform
You understand, agree, and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware, and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be reliable and accessible at all times, and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.
11. Negotiation and Arbitration
Before initiating any arbitration proceedings, the parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms of Use, including any questions regarding its existence, validity, or termination (a "Dispute"), through good faith negotiation. Such negotiation shall commence upon written notice from one party to the other and shall be conducted in a spirit of mutual cooperation. If the Dispute is not resolved within thirty (30) days of the commencement of negotiations, either party may proceed to initiate arbitration.
If the Dispute cannot be resolved through negotiation as provided above, the Dispute shall be finally settled by binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. ("PDRCI") or the Philippine Center for Conflict Resolution (PCCR). The arbitration shall be conducted by a single arbitrator appointed in accordance with the PDRCI rules. The arbitration shall be held in the Philippines, and the language of arbitration shall be English.
The arbitration shall be governed by the laws of the Philippines, and the award rendered by the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having jurisdiction thereof.
Nothing in this clause shall preclude either party from seeking interim relief from a court of competent jurisdiction in the Philippines, including a temporary restraining order or injunction, pending the outcome of arbitration proceedings.
12. Notices
We may provide notices or other communications to you regarding these Terms of Use or any aspect of the Platform by either email to the email address that we have on record, SMS to the phone number you have provided to us, or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@talksaya.com.
13. Important Notes About the Terms of Use
These Terms of Use and our relationship with you shall both be interpreted solely in accordance with the laws of Singapore.
THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THESE TERMS OF USE.
We may change these Terms of Use by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of these Terms of Use frequently. The last update date of these Terms of Use is posted at the bottom of the Terms of Use. By using the Platform after the changes become effective, you agree to be bound by such changes to the Terms of Use. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign these Terms of Use or any of its obligations hereunder.
The paragraph headings in these Terms of Use are solely for the sake of convenience and will not be applied in the interpretation of these Terms of Use.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms of Use 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 these Terms of Use.
