Terms of use.

OUR SERVICES ARE ONLY CONTEMPLATED FOR NON-EMERGENT, NON-URGENT CONDITIONS OR CONCERNS. WE ARE NOT A CRISIS-PROVIDER.  IF YOU ARE EXPERIENCING AN EMERGENCY OR CRISIS, CALL 995 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY (SUCH AS SOS 24-HOUR HOTLINE AT 1767 OR IMH HOTLINE AT 6389-2222).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, AND/OR OUR MOBILE APPLICATION (“Mobile App”).

INTRODUCTION     

These terms of use (the “Terms”) describe your rights and responsibilities with regard to the IHEARU Website and any web or Mobile App (collectively, the “Platform”) owned and/or operated by THE WELLNESS CONCIERGE PTE. LTD.  In these Terms, “we”, “our”, “us”, and “IHEARU” collectively refer to THE WELLNESS CONCIERGE PTE. LTD.  The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

The Platform may be used to connect you with a Listener / Listener + who will provide mental wellness support services to you through the Platform (“Services”). The Listener + includes mental health professionals such as counsellors and psychologists. The Listeners include individuals who are counselling degree holders, social workers, to anyone who has a psychological first aid certification. The Listener / Listener + holds their own qualifications and are independent providers who are neither our employees nor agents nor representatives. We do not hold any liability in ensuring the accuracy of the qualification represented by each Listener/Listener +. The role of the Platform is limited to enabling the Services while the Services themselves are the responsibility of the Listener / Listener + who provides them. If the Services do not meet your needs, you may switch to a different Listener / Listener + on the Platform.

Even though you may have arrived at the Platform through a website or Mobile App operated or controlled by a third party, including by an affiliate of IHEARU, you understand and agree that these Terms are entered into between you and IHEARU.

You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with IHEARU and engage in mental wellness-oriented activities with mental health professionals and entities affiliated with IHEARU, and such processes have the same force and effect as your written signature. You agree and consent to IHEARU, IHEARU affiliates or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

You accept and acknowledge that IHEARU is not, and has not at any point represented itself as, a licensed mental health clinic.      

DISCLAIMER

IHEARU is a platform used for the purpose of mental wellness support only. Any service, content or information provided by IHEARU is provided “as is” and should not be considered as professional or expert advice, notwithstanding the type of Listener selected. IHEARU will not provide you with any professional advice or service. Any information obtained from IHEARU or any of our Listener / Listener + is intended to provide a basic knowledge base and a starting point for a given situation. They must not replace the advice of certified professionals.

The Company does not accept claims of any kind as a result of questions answered by Listener / Listener + or any information or advice provided by them. The services provided by Listener / Listener + are the sole responsibility of the Listener / Listener + and the Caller themselves make responsible use of this information.

In addition, the Company makes no representations or warranties about the accuracy, completeness, quality, authenticity, timeliness, or relevancy of the sources relied upon by our Listener / Listener +. It is your responsibility to determine whether, how and to what extent your intended use of the information provided on the Platform will be possible in the individual situations in which you intend to use them. Before acting on any information provided on the Platform, you should consider obtaining additional information and professional advice from professionally licensed individuals who are familiar with your local or individual circumstances. The Platform is not the appropriate venue to deal with emergency and crisis situations.

NOTICE

IF YOU ARE THINKING ABOUT SUICIDE, HARMING YOURSELF OR OTHERS, FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE.

THE PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE. THE LISTENER / LISTENER + CANNOT PROVIDE THE ASSISTANCE REQUIRED. THE PLATFORM IS ALSO NOT TO PROVIDE ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD IGNORE ANY SUCH ADVICE DISPENSED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM. READ THESE TERMS OF SERVICES CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE PLATFORM.    
          

1. ACCEPTANCE OF TERMS AND AMENDMENTS

1.1. Your use of our Platform and/or Services is subject to these Terms. These Terms apply to all Users of our Platform and/or Services, including service consumers (“Caller”, and “Callers” are to be construed accordingly) and service providers (“Listener”, and “Listener +” are to be construed accordingly). These Terms also apply in conjunction with any other contracts or policies that apply in relation to the use of our Platform and/or Services.

1.2. The Company may engage external service providers who have entered into service agreements with us to assist us in (a) operating our Platform; (b) providing our Services to you; or (c) conducting our business generally (“Third-Party Service Providers”). 

(a) For the avoidance of doubt, such Third-Party Service Providers in this Clause 1.2 excludes service providers as stated in the above Clause 1.1.

1.3. By visiting our Platform, registering as a Registered User, or using our Services, you are deemed to have accepted and agreed to be bound by these Terms, including those additional terms and conditions and policies referenced herein, our Privacy Policy and the terms and conditions of our Third-Party Service Providers.

1.4. We may make changes to these Terms from time to time. If we do so, the revised version of these Terms will be published on our Platform with the Effective Date updated accordingly. It is your responsibility to ensure that you are aware of the current Terms. Your continued use of our Platform and/or Services after any changes to these Terms shall constitute your acceptance of such changes. 

1.5. If you do not accept these Terms, you should not access our Platform, register as a Registered User, and/or use our Services.


2. CAPACITY TO CONTRACT

2.1. Our Platform and/or Services are only available to, and may only be used by, users who 18 years and older. By accessing and using our Platform and/or Services, you represent and warrant that  you have attained at least the age of 18 years,  and you are fully capable of forming legally binding contracts and competent to accept, abide by and comply with these Terms.                                                                                            To the fullest extent permissible by law, we will not be liable any damages, losses, injuries, claims, costs and expenses incurred due to the use or access of our Platform and/or Services by any person below 18 years. 


3. AVAILABILITY OF MOBILE APP, WEBSITE AND SERVICES

3.1. While we  aim to provide availability of use of our Platform and/or Services throughout the year to our Users , we do not guarantee, represent or warrant that your use of our Platform and/or Services will be uninterrupted, timely, secure or error-free.

3.2. You acknowledge and agree that, from time to time, we may have to temporarily block or limit the availability of our Platform and/or Services to conduct scheduled maintenance. This will typically be conducted during periods of low usage of our Platform and/or Services. We shall use commercially reasonable efforts to minimise the impact of such scheduled maintenance to you and endeavour to inform you of these scheduled maintenance periods, whenever possible.

3.3. As a User, you acknowledge and agree that, from time to time and without notice to you, we may:

(a) add, remove, or modify some or all of our Platform and/or Services;

(b) temporarily block or limit the availability of our Platform and/or Services for indefinite periods of time; or

(c) take any measure necessary to protect the integrity and security of our Platform, Services and related computer systems, servers and networks.

4. USE OF SERVICES

4.1. The access to the Platform will be done by OTP authentication through your mobile phone number. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out from your account at the end of each Session. You may never use another user’s account without prior authorization from the Company. The Company will not be liable for any loss or damage arising from your failure to comply with these Terms.

4.2. By providing the Company with your email address and/or mobile number, you consent to our use of such contact information to send you notices regarding the Services, including those required by law, in lieu of ordinary mail. We may also use the information to send you other messages, such as changes to service features and special offers. If you do not wish to receive such messages, you may opt out of receiving them via Settings Page. Opting out may prevent you from receiving future emails about updates, upgrades or offers.

4.3. You shall not use our Platform and/or Services for any illegal or unauthorised purpose or in any manner that violates the laws of Singapore, your Jurisdiction, and the country from which you are using our Platform and/or Services, or in any manner that is contrary to or in breach of these Terms.

4.4. Without prejudice to the generality of Clause 4.1, you shall:

(a) comply with our Content Standards as set out in Clause 5;

(b) provide us with accurate information and update such information as necessary in accordance with our privacy policy;

(c) use our Platform and/or Services, including all engagement tools such as in-app chats, rating and review boards, and referral functions, in a professional manner; and

(d) be solely responsible for your engagements and interactions with other Users of our Platform and/or Services.

4.5. Without prejudice to the generality of Clause 4.1, you shall not, directly or indirectly:

(a) use our Platform or Services for fraudulent purposes;

(b) provide us with false information or create a User Profile with false information or use or attempt to use another individual’s information as your own;

(c) as a Registered User, share any of the information, content, conversations or User Profiles that are provided by any User within our Platform and/or Services externally to the public otherwise than to the benefit of the Company, where the Company is to have sole and absolute discretion in determining whether anything done is to the benefit of the Company unless expressly authorised by us;

(d) as a Registered User, use our Platform and/or Services for any commercial or business purposes;

(e) transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or any other similar form of solicitation through or on our Platform and/or Services, unless expressly authorised by us;

(f) transmit or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, or any other harmful programs or similar computer code of a destructive or malicious nature designed to adversely affect the operation of our Platform and/or Services or any computer software or hardware;

(g) duplicate, transfer, reverse engineer, alter or modify any part of our Platform and/or Services;

(h) hack into any part of our Platform through password mining, phishing, or any other means;

(i) disrupt the availability of our Platform and/or Services, including through a denial-of-service attack or a distributed denial-of-service attack;

(j) collect, harvest or mine any personally identifiable information relating to our Users;

(k) defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights of other Users;

(l) contact another User (whether in a capacity of a Caller and/or Listener/ Listener +) for any purpose other than in connection with the proper usage of the Platform in accordance with these Terms;

(m) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any Registered User, including without limitation any User Profile not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform; or

(n) send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Clause 5 below.

4.6. By using our Platform and/or Services, you hereby acknowledge and agree that:

(a) If you are a Caller, it is your responsibility to select a Listener/Listener + based on the reviews, ratings and your own judgement, and that we make no warranty and/or representation regarding any services obtained through an introduction made via the Platform and/or Services or any transactions entered into through the Platform and/or Services;

(b) The Company makes no warranty and/or representation of the accuracy or completeness of any User Profile, and relies solely on information provided by a User;

(c) The Company does not employ, verify, recommend or endorse any Caller or Listener/ Listener +, and we rely on data provided by Registered Users to determine which Caller or Listener/ Listener + are registered on the Platform and/or Services;

(d) We do not represent that the information contained in the Platform or in any communication from us, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete and such information may contain inaccuracies, typographical, human and/or machine errors, or omissions. Although the Company provides you with functions to help you connect with Caller or Listener/ Listener + (as the case may be) and make informed decisions: 

  1. If you are a Caller, you are solely responsible for selecting an appropriate Listener/ Listener +, through reading of their profiles with their specific qualifications and information, reading of reviews, and also for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Listener/ Listener +; and 

  2. If you are a Listener/ Listener +, you are responsible for complying with all applicable laws in respect of any contractual relationship you wish to establish with any Caller.

(e) The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same;

(f) The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional or other regulatory license;

(g) Where you are seeking care on behalf of another person (“Care Caller”), you warrant and guarantee that you are fully and lawfully authorised to furnish any and all personal information concerning the care recipient, including agreeing to these Terms;      

(h) Once a Session has commenced, it cannot be shortened, unless otherwise agreed upon by the Company. This policy is in place to ensure that Listener/ Listener + are committed to the time reserved and compensated for their availability. Therefore, there will be no refunds or adjustments for any unused hours within a booking. If you are a Caller, you are to ensure that you book the appropriate duration for your needs; and

(i) In the event that the Session is cancelled with less than 24 hours’ notice before the scheduled start time, a full cancellation fee proportionate to the Listener/ Listener +’s timed rate will be applied. This consequence is intended to compensate the Listener/ Listener + for their commitment and potential lost opportunities.

4.7. In addition to Clause 4.6 above, by using this Platform and/or Services as a Listener/ Listener +, you hereby acknowledge and agree that:

(a) The Company makes no warranty and/or representation as to the availability or suitability of any particular caller Sessions;

(b) Where a specific trade accreditation, qualification or registration is required to be held by you for any particular Session, you shall, where requested by the Caller, furnish evidence of the relevant accreditation, qualification or registration prior to commencement of the Session to the Caller at your own cost;

(c) You shall remain professional at all times while using the Platform and/or Services. You must also be physically, mentally and emotionally present for Sessions you accept. If you are unable to do so, you will provide reason(s) for cancellation to the Caller as soon as possible (Sessions cancelled will not be remunerated). You shall also keep any Caller’s information and identity confidential;

(d) In relation to any specific Session, the Company shall not be liable to you for any occurrence resulting from the introduction of the Caller to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising; and

(e) No user nor the Company will provide any type of medical advice, diagnosis or treatment or engage in any conduct that requires a professional license.


4.8. Your user content  shall not contain any offensive content, which include and are not limited to:  hateful content, a threat of physical harm, profanity, indecent language or materials including pornographic and/or suggestive remarks and/or harassment.

4.9. We reserve the right to terminate any User’s account for suspicion of any breach of the provisions contained in this Clause 4, without giving notice. Information and/or data from the said terminated User’s account shall be dealt with pursuant to the PDPA.

4.10. Electronic Communications: We will not be liable for any failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

5. SUBMISSIONS AND CONTENT STANDARDS

5.1. You agree that any and all content and material which you contribute through or on our Platform and/or Services (your “Submissions”) shall, in part or in whole, adhere strictly to the standards set out in Clauses 5.2 and 5.3 (our “Content Standards”).

5.2. Your Submissions must:

(a) to the extent that they contain facts, be accurate in relation to those facts;

(b) to the extent that they contain opinions and beliefs, be genuinely held in relation to those opinions and beliefs; and

(c) comply with any of the applicable laws.

5.3. Your Submissions must not:

(a) contain any material which is defamatory of any person;

(b) contain any material which is obscene, offensive, hateful or inflammatory;

(c) promote or attempt to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups;

(d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) infringe any intellectual property rights, including copyright, patent rights, design rights, trade marks, or database right;

(f) contain any threatening, abusive or insulting communication; 

(g) contain any material which causes or may be likely to cause harassment, alarm or distress to any person;

(h) provoke or promote the use of violence;

(i) advertise or distribute any obscene film or party political film; 

(j) be likely to deceive any person;

(k) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(l) promote any illegal activity;

(m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or           

(n) give other Users the impression that such Submissions were made by us.

5.4. You shall be solely responsible for your own Submissions. You represent and warrant that you have the necessary rights, licences and permission to make such Submissions.

Subject to Clause 7.3, we will not control, verify, approve, or edit your Submissions. We make no guarantee as to the accuracy, validity or legality of any Submission by Users. Users are responsible for checking the veracity of their Submissions and the Submissions of other Users.

5.5. Information provided by Users to online chats conducted will be reviewed and monitored by            Moderators of such online chats if an issue arises between either User and such an issue is escalated to a Moderator. The Moderators will not be involved in approving Submissions that are provided by Users before publication, nor in modifying the content of any Submissions.

5.6. Users’ Submissions do not represent the views of the Company.

5.7. If you wish to provide us with feedback on any Submission on our Platform and/or Services, please email us at: INFO@IHEARU.APP.

6. PRIVACY AND PERSONAL DATA

6.1. All personal data of individuals provided to us through our Platform and/or Services is subject to our privacy policy, which can be accessed IHEARU.APP. By accessing or using the Platform and/or Services, you consent to the terms of our Privacy Policy, including our collection, use and disclosure of your personal data.

6.2. If you are a Listener / Listener +:

(a) you should only enter data relevant to your purpose for using our Mobile App, Website and/or Services;

(b) you should be aware of any data that is personally identifiable or sensitive to you and consider if you wish this data to be made available to our other Users; and 

(c) if a Caller enters personal data in our Platform and/or Services, whether voluntarily or in response to a request by you, you should be aware of your responsibilities in relation to such personal data under the PDPA. You are responsible for ensuring that such personal data is flagged and treated as private. 

6.3. If you are a Caller:

(a) you should only enter data relevant to your purpose for using our Platform and/or Services;

 (b) you should be aware of any data that is personally identifiable or sensitive to you and consider if you wish this data to be made available to our other Users;

 (c) you should be aware of and consider the appropriateness of requesting for any information that requires Listener / Listener + to provide personal data; and

(d) if a Listener / Listener + enters personal data in our Platform and/or Services, whether voluntarily or in response to a request by you, you should be aware of your responsibilities in relation to such personal data under the PDPA. You are responsible for ensuring that such personal data is flagged and treated as private. 

6.4. Any non-personal information or Submission you send to or through our Mobile App and/or Website (including by way of our Mobile App and/or Website’s engagement walls) that does not constitute personal data, such as questions, comments, or suggestions, is not encrypted and will not be treated as confidential. 

6.5 Any personal information you post on or otherwise submit in connection with the Services and the use of the Platform, will be used in accordance with our Privacy Policy. When you use our Platform and/or Services, you agree for us to collect and store your personal information. The personal information collected is also used to check the correctness of identification and do necessary checks. In giving the information you also agree for us to message or communicate with you unless you tell us not to. Please refer to our Privacy Policy.


7. INTELLECTUAL PROPERTY RIGHTS

7.1. All contents of our Platform and/or Services, including but not limited to information, text, graphics, images, layout, designs, pictures, logos, marks, code, scripts, UI/UX features or other proprietary materials (“Company Data”) are the intellectual property of the Company and its licensors and are protected by copyright, trademark, patent, design and other intellectual property rights, as the case may be.

7.2. To the extent permitted by law, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, reproduce and/or distribute any materials and/or content produced by you through the use of our Platform and/or Services.      

7.3. You shall retain ownership of any Submission that you contribute to our Platform and/or Services. We will only use, reproduce, distribute, transmit, process, adapt, modify, or display your Submissions for our own purposes after we have informed you of such purposes and have obtained your consent to the same.     

7.4. No part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other web site or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the Company’s copyrights, trademarks, and other proprietary rights, and is prohibited.

8. BILLING, PAYMENT PROCESSING AND CREDITS

8.1. All charges and purchases incurred on or via the Platform, are payable in advance and are final. The Platform may include a platform/service fee and is subjected to adjustments at the sole discretion of the Company.  Payment processing related to any transactions made via or on the Platform and/or Services is performed by either the Company directly or by a third-party payment processor. We have no control over any payments or transactions processed by third-party payment processors, nor do we have the ability to reverse any payments or transactions processed via the third-party payment processors. You acknowledge that we have no liability to you or to any third-party for any claims or damages that may arise as a result of any transaction conducted by you, including, but not limited to, instances where your payment was not properly processed by the third- party payment processors. It is solely your responsibility to confirm that your payment for any transaction has been processed and completed successfully. We do not provide refunds for any purchases that you might make on or through the      Platform. The respective payment processes by third-party payment processors may be subject to its own terms and conditions governing the use of such payment methods and you hereby acknowledge and agree that you shall be bound by them when using such payment process. 

8.2. When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase of and/or payment for any transaction (including without limitation, of Credits (defined below)) or other fees incurred by you.

8.3. If your purchase of any Credits or any transactions conducted via the Platform and/or Services, is subject to any type of goods and services tax (“GST”), then the Company may also charge you for those taxes, in addition to the transaction amount or other fees as may be applicable.

8.4. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you or anyone else using your Account do the aforementioned     , the Company may terminate  the access to your Account.

8.5. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all orders or purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Company reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Company will allow you to register again.

8.6. The Company may make available an account balance associated with your Account (the “Credits” in “e-Wallet”). Credits are neither a bank account balance nor any kind of payment instrument. It functions as a prepaid balance to order Services. You may place funds in your Account up to a maximum amount determined by the Company, by credit card, prepaid card, promotional code, or any other payment method accepted by the Company. The Company may change or impose different Credits or Account balance and usage limits from time to time.

8.7. You will be notified by e-mail of any change to the Credits or Account balance and usage limits within sixty (60) calendar days before the entry into force of the change. Your continued use of your Credits or Account balance more than thirty (30) calendar days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to terminate your Account or to cease use of your Credits or Account balance. The Company shall not have any obligation to refund any credits remaining on your Credits or Account balance in this case.

8.8. You may use Credits to pay Listener / Listener + for their Services. All Credits purchased are non-refundable and non-transferable and cannot be resold or exchanged for any value (apart from as payment for Services of the Listener / Listener +). Credits must be used within one (1) year of purchase, and will expire thereafter. Credits will expire at 23:59 hours Singapore time (GMT +08:00 hours) on the first anniversary from the date of purchase. For example, Credits purchased on 1 January 2023 will expire at 23:59 hours Singapore time (GMT +08:00 hours) on 1 January 2024. Expired Credits are not extendable, and will be forfeited without refund, replacement or exchange of any kind. Credits do not constitute a personal property right, have no value outside of the Mobile App, the Website and/or the Services and can only be used to pay Listener / Listener + for their Services. Credits have no cash value and are not exchangeable for cash. Credits that are deemed unclaimed property may be turned over to the applicable authority.

8.9 All payments to IHEARU are handled securely. Services may be paid through credit card, e-Wallet, packaged plan and/or other payment options, including bank transfer.

(a) Payment Terms for Callers:
Payment will be debited from your credit card, debit card, e-Wallet, packaged plan, or bank account, immediately on you placing the order or upon completion of the consultation Session. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide and/or placed in your account’s transaction history. Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the Services. IHEARU reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the Services.

(b) Payment Terms for Listener / Listener +:
You acknowledge and confirm that IHEARU may administer and act as your collection agent to pay to you the total amount of fees due to you in respect of your provision of the Services, less applicable charges levied by IHEARU (“Service Fee”).

IHEARU retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the      Caller have breached any of this Terms of Service. In such an event, you shall not hold IHEARU liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

IHEARU may, at its sole discretion, make promotional offers with different features and different rates on the Services to any of the Users whereby these promotional offers shall accordingly be honored by you. IHEARU may change the Service Fee at any time at its sole discretion.

Your accumulated earnings each month will be displayed on the application or website, and transferred to your designated bank account upon Listener / Listener + request to credit earned income out. IHEARU may change the Payout Period at any time at its sole discretion. IHEARU also reserves the right to make such deductions from the earnings as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the application.

9. THIRD PARTY WEBSITES & MATERIAL

9.1 Our Mobile App and/or Website may include links to third party websites, plug-ins and applications (“Third Party Websites”). We do not own or control Third Party Websites and shall not be responsible or liable for any damages, claims or liability arising from or related to your use of such Third Party Websites.

9.2 “Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third-party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

10. LIMITATION OF LIABILITY

10.1. You acknowledge that your engagement with/of a Caller and/or Listener / Listener +, who for the avoidance of doubt, are not our employees, servants or agents acting in the course of their employment, of your choice is entirely at your own risk and that, unless otherwise expressly prohibited by law, we are not liable for any harm, death or personal injury that may arise from or out of connection of an engagement with such Caller and/or Listener / Listener +, from the use of our Platform and/or Services.

10.2. We aim to bring mental wellness supply and demand together through our Mobile App, Website and/or Services. We are not an intermediary agency and are not the contracting party regarding the Listener / Listener +. Our Platform and/or Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement, and any warranty or representation that we asses or monitor the suitability, legality, ability, movement or location of any Registered Users including Listener / Listener + and Callers and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to a Registered User and/or Third-Party Service Provider.

10.3. You acknowledge that we may not have full  control over the information that can be accessed by using the Platform and/or Services, and that we may not be in a position to examine your use of the Services or the nature of the information you are providing. You shall therefore not hold us liable in any way in relation to the transmission or reception of any such information.

10.4. Where you rely or act upon any of the information contained within the Platform and/or Services, you do so entirely at your own risk. We bear no responsibility for verifying the identity of Registered Users, the choice of the selected Listener / Listener + and the final quality of a Listener / Listener +’s work on a Job, and by using our Platform and/or Services, you accept the risks associated. By using our Platform and/or Services, you bear the sole responsibility of verifying the Caller and/or Listener / Listener+’s (as the case may be) identity, and assessing the Listener / Listener +, and the quality of the Caller and/or Listener / Listener +’s work on a Job. You understand that by using the Platform and/or Services that you and/or members of your family may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and you use the Platform and/or Services at your own risk.

10.5. You agree that your use of, or inability to use, our Platform and/or Services is at your own risk. We will not be liable to you for any loss or damage, including without limitation lost business, lost profits, business interruption, loss of business information, loss of data or any other pecuniary loss, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our      Platform and/or Services, or your use of or reliance on any content within our Platform and/or Services.

10.6. You are solely responsible for your provision of personal data to our Platform and/or Services. To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns shall not be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, for any lost profits, sales, revenue or business, business interruption, loss of anticipated savings, loss of data, loss of goodwill or reputation, or any similar damages, whether based in contract, tort (including negligence), defamation, or otherwise, arising from your breach of these Terms and/or the information your provide through your use of our Platform and/or Services.

10.7. You agree not to hold us responsible for any damages or other liabilities arising from the use of our Platform, Services and/or Sessions fulfilled by any Listener / Listener +. In particular, but without limitation to the generality of the foregoing, the Company shall not be held liable in relation to the quality or fitness of any Job performed or omitted to be performed by any Listener / Listener + and accordingly shall not be liable to you for any occurrence or omission resulting from the introduction of the Listener / Listener + to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising. We do not and cannot be involved in Users’ dealings with Listener / Listener +, or control whether or not Listener / Listener + will complete any Jobs as agreed and in the event that a User has a dispute with one or more Listener / Listener +, the User hereby releases us (and our agents and employees) from any and all claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

10.8. We will not be a party to disputes or negotiations between you and any other Users. Responsibility for the decisions you make regarding the use of the Platform and/or Services (with all the implications) rests solely with and on you. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of the Platform and/or Services, or in any way related to another User and/or Third-Party Service Provider. 

10.9. Unless otherwise stated, and to the fullest extent allowed by law, any claims against us by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the      Platform and/or Services to secure the particular Job giving rise to such claims.

10.10. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.


11. INDEMNITY

11.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from your breach of these Terms and/or the Submissions you make through your use of our Platform and/or Services.

11.2. This indemnification shall not prejudice any other rights or remedies available at law to the Company.


12. TERMINATION

12.1. We reserve the right to suspend or discontinue our Service to individual Registered Users, with immediate effect, as we see fit and in circumstances including, but not limited to: 

(a) Use of our Platform and/or Services in a manner that violates Clause 4;

(b) Use of our Platform and/or Services that constitutes a type of violation set out in Clause 4.3; and

(c) Failure to amend or remove Submissions that do not comply with our Content Standards as set out in Clause 5.

12.2. In the event that you breach any term hereof, we shall have the right, at our sole discretion, to immediately remove your account with us or ban or terminate your access to and use of our Platform and/or Services at any time and without prior notice, and we reserve the right to take any action as we consider appropriate or necessary under the law, including without limitation removing any information provided which we deem to be in breach of our Content Standards, or taking legal action against you.

13. NON-SOLICITATION

13.1. By accessing and using the Platform, you hereby acknowledge and agree that:

(a) you will not, whether directly or indirectly, solicit, induce or entice, or attempt to solicit, induce or entice, any Caller and/or Listener / Listener + away from the Platform (for example, in transacting or making arrangements privately and/or off the Platform or terminating their relationship with the Platform and the Company);

(b) you will not utilise any personal data obtained through the Platform to contact another Caller and/or Listener / Listener +, for any purpose other than in connection with the proper usage of the Platform;

(c) if you are a Listener / Listener +, you will not offer, provide or accept any Private Engagements with a Platform-sourced Caller; and

(d) if you are a Caller, you will not offer, request or accept any Private Engagements with a Platform-sourced Listener / Listener +.

13.2 For avoidance of doubt, any general advertisement or publication:

(a) by a Caller requesting for mental wellness services; or

(b) by a Listener / Listener +, offering mental wellness services,

shall not be deemed to be in breach of Clause 13.1 above.

13.3 For the purposes of this Clause 13:

(a) “Platform-sourced Caller” means a Caller that was first introduced to a Listener / Listener +, and to whom the services of the Listener / Listener + are provided to, through the usage of the Platform;

(b) “Platform-sourced Listener / Listener +” means a Listener / Listener + that was first introduced to, and/or sourced or engaged by, a Caller through the usage of the Platform; and

(c) “Private Engagement” means any arrangement, engagement and/or transaction for services made by and between a Caller and/or Listener / Listener + privately and externally without the use of the Platform.

13.4 Requesting or providing email addresses, telephone numbers or any other personal contact details to communicate outside of IHEARU in order to circumvent or abuse IHEARU messaging system or IHEARU platform is not permitted.

14. ASSIGNMENT

14.1. We may at any time and without the need for further consent from you assign or transfer any or all of our rights or obligations under these Terms to any person. 

14.2. You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.

15. ENTIRE AGREEMENT    
These Terms and our policies and any other agreements, terms and conditions or documents referred to in these Terms set forth all of the promises, covenants, agreements, conditions and understandings between you and the Company regarding the subject matter herein.

16. SEVERABILITY

If at any time any provision of these Terms hereof shall become or be declared illegal or invalid or unenforceable by a court or relevant authority that provision shall be severable from other provisions of these Terms without affecting or impairing the legality, validity or enforceability of any of the remaining provisions, and these Terms shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

17. GOVERNING LAW AND JURISDICTION

17.1. These Terms will be governed by and construed in accordance with the laws of the Republic of Singapore. 

17.2. You irrevocably agree and submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any dispute or claim that arises out of, or in connection with, these Terms.

18.CALLER

18.1 If you wish to register and engage a IHEARU Listener / Listener +  through our Platform, you must read these Terms and indicate your acceptance during the registration process. In consideration of your use of the Services, you represent that you are of legal age, to form a binding contract under the laws of Singapore or another applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on IHEARU (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IHEARU reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time.

18.2 You understand that a Listener / Listener +’s fees are set by them and they may adjust their fees periodically. In the event of conflict and/or discrepancy in respect of the fees, the Company has the sole discretion to determine the final payable fees. By booking a Session you agree to the cost incurred.

18.3 While IHEARU vets the identity and qualification of each of its Listener / Listener +, IHEARU cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of the Listener / Listener + and information provided by the Listener / Listener +. You acknowledge that IHEARU shall not be liable for any loss or damage caused by your reliance on and use of any information or content obtained from its Listener / Listener +, and the use of the term “Listener / Listener +,” by us and on the Platform is only intended to describe a user who provides the Services and does not guarantee any particular level of expertise of the user.

18.4 You further represent, warrant/undertake that:

  1. Your use of the Services is, unless otherwise allowed by IHEARU, for your sole, personal use or, where permitted, for the use of another person, in which case you shall assume primary responsibility of that person;

  2. You shall not contact the Listener / Listener + for purposes other than the Services;

  3. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the application or website except for your personal, non-commercial use;

  4. Where applicable, you will not copy any content displayed through the application or website, including any third-party product content and reviews, for republication in any format or media;

  5. You acknowledge and agree that only one (1) account can be registered on one device; and     

  6. You agree that IHEARU may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of the transaction and deactivate or restrict access to your user account.

19. LISTENER / LISTENER +

19.1 If you wish to become a Listener / Listener +, you must read these Terms and indicate your acceptance during the registration process, in order to provide Services on IHEARU.

In consideration of your use of the Services as a Listener / Listener + and to provide the Services to a registered client of IHEARU (“Caller”), you represent that you are of legal age to form a binding contract under the laws of Singapore or another applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on IHEARU and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time.

19.2 You understand that remuneration from the Platform to Listeners are based on commission or membership tiers, which is defined in the Platform, and may subject to change periodically. The remuneration rates are at the sole discretion of the Company.

19.3 You further represent, warrant and undertake that:

  1. If you register as a Listener + you must be a registered, trained and/or experienced psychiatrist, psychologist, psychotherapist, or similar applicable, recognized professional certification. Counsellors must have a relevant academic degree in their field successfully completing the necessary education, exams, training, and practice requirements as applicable;

  2. If you register as a Listener, you represent and warrant that you are an individual (1) with a counselling or social work diploma/degree holder (or student of which), (2) an experienced social worker, or (3) one who has a certification in psychological first aid.

  3. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Services provided by you;

  4. You shall not contact the Callers for purposes other than in connection with the Services;     

  5. You shall not reverse look-up, trace or seek to trace any information on any other user of the application, or any other customer of IHEARU, including without limitation any user account not owned by you, to its source, or exploit the application or any service or information made available or offered by or through the application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the application;

  6. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to these Terms; 

  7. You agree that you are forbidden from giving out coupons and suggesting any other form of discount to the Callers. You are strictly forbidden to use the Services for other purposes such as but not limited to data mining of IHEARU’s information or information related to the Platform and/or Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Platform and/or Services other than for the purpose for which it is intended to be used and in accordance with these Terms; and

  8. You agree to keep all Callers’ information and identity confidential.      
      

20. CANCELLATION

20.1 Cancellation Terms for Callers:

a. You may cancel your request any time, 24 hours before your Session commencement time, to avoid a cancellation fee.

b. Scheduled Session where Listener / Listener + has acknowledged can be rescheduled and/or cancelled 24 hours before Session date/time.

c. If you do not show up during a scheduled Session, you will still be charged for the Session (“Cancellation Fee”), or such other Cancellation Fee as IHEARU may notify from time to time via the Platform and/or Services.

d. If you feel you were incorrectly charged a Cancellation Fee, you may contact us through the IHEARU application or website for assistance. IHEARU reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment method you used, or by such other method as is deemed reasonable by IHEARU.

20.2 CANCELLATION TERMS FOR LISTENER / LISTENER +:

a. The Callers rely on you for provision of the Services. You agree that frequent declination of the Callers’ bookings will impair the Callers’ experience and negatively impact the reputation and branding of IHEARU.

b. To uphold the highest standard of our Services, a reservation cannot be cancelled once it is confirmed by you and the Caller. Any no-show on your part may be counted in determining if your access to the Services will be temporarily restricted or terminated.

21. RATINGS, REVIEWS AND RECORDINGS

21.1 Callers and Listener / Listener + accept and acknowledge that they may be rated and reviewed by each other in respect of the Services provided. The associated Session may also be recorded – only with the expressed permission of the Caller – for performance, review and other reasons deemed necessary by both Callers and Listener / Listener +.

21.2 All ratings, reviews and recordings will be automatically stored on the IHEARU platform. We may analyse the reviews and ratings received from time to time and take all appropriate actions including suspending your use of the Services without any notice or compensation to you. For recordings received, if any, they can only be accessed by the associated Callers and Listener / Listener +, or as required by law.   
  





DEFINITIONS

In these Terms, the following words and expressions have the following meanings, unless they are inconsistent with the context:

“Company”, “we”, “us” or “our” means THE WELLNESS CONCIERGE PTE. LTD.  (a company incorporated under the laws of the Republic of Singapore and holding registered company number: 202406860N), with registered office at 60 PAYA LEBAR ROAD, #07-54, SINGAPORE (409051), including where the context so allows, its shareholders, employees and affiliates;

“Content Standards” has the meaning ascribed to it in Clause 5;

“Jurisdiction” means the country from which the User accesses the Website, Mobile App and/or the Services, the country that is the domicile of the User or the place where the User ordinarily resides in;

“Mobile App” means the IHEARU mobile application;

“Caller” means the individual seeking mental wellness support through listening or therapy, and “Callers” shall be construed accordingly; 

“PDPA” means the Personal Data Protection Act 2012 of Singapore, including any subsidiary legislation, directives or regulations issued thereunder, and any amendments made thereto;

“personal data” means data, whether true or not, about a User who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access, which is provided to us or any other User in relation to or in connection with any Service including information provided during registration, the rating of Callers and/or Listener / Listener + and any other communication processes arising as a result of your use of the Mobile App, Service and/or Website;

“privacy policy” means our privacy policy, as amended by us from time to time, found at www.IHEARU.app;

“Registered User” and “User” mean, collectively, any Caller/Callers, Care Caller/Care Callers      and      Listener / Listener + that has registered with the Company, and “Registered Users” and “Users” shall be construed accordingly;

“Services” means the services, information and resources provided by the Company to Registered Users through our Mobile App and/or Website;

“Session” means work carried by any Listener / Listener +, for any Caller, through the Platform as requested by a Caller and accepted by a Listener/Listener +, and “Sessions” shall be construed accordingly;

“Listener”, “Listener +”, “Counsellor” or “Psychologist” means a mental wellness provider for a Caller;

“Moderators” means appointed officials of the IHEARU Platform who are assigned to ensure community guidelines are adhered to, and in the event of dispute, to facilitate, review and guide interactions.

“Terms” means these Terms of Service, as amended by us from time to time;

“Third-Party Service Providers” means external service providers who have entered into service agreements with us to assist us in (a) operating our Platform; (b) providing our Services to you; or (c) conducting our business generally.

“Third Party Websites” means websites which are not owned or controlled by the Company;

“User” or “You” means any user of or individual who accesses the Platform and/or Services;

“User Profile” means the information and personal data provided by a Callers or Listener / Listener + when creating an account on the Company’s Mobile App and/or Website as a Registered User; and

“Website” means the entire website accessible at or through www.ihearu.app, its sub-domains, sub-directories, or associated web-portals, and the content contained therein, as well as any program for accessing the same through mobile technology, where such domains and portals are under the editorial control of authorized members of the Company.