The OyeHelp Terms and Conditions (this "Agreement") are applicable to all users ("you" and every "Member") who access and/or use the platform for on-line advice and professional consulting services ("Expert Platform") available at www.oyehelp.com and/or Other B2B solutions and websites /mobile applications powered by OyeHelp (each a "Site" and collectively the "Sites").
The Sites are currently owned and operated by OyeHelp Technologies Pvt. Ltd ("OyeHelp").
You are considered to be a "Member" if you register to be a member on the Expert Platform and/or on the Sites and your member application is accepted. If you complete the expert application on Expert Platform and/or on the Sites, and your profile has been activated by OyeHelp, then you are considered to be an “Expert”.
This Agreement applies with respect to your or any Member's access and/or use of the Expert Platform regardless of where such Expert Platform is made available.
In addition to the Expert Platform being available at the Sites, the Expert Platform, or a portion thereof, may also be made available via third party websites. If you or any Member has accessed the Expert Platform, or any portion thereof, via a website owned, operated, managed, maintained or controlled by a third party, your or any Member’s use of such website may be subject to terms and conditions imposed by such third party as well. OyeHelp is not and shall not be responsible or liable for any terms, conditions, policies, acts, omissions etc. of any such third parties.
YOU AGREE THAT BY USING THE EXPERT PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
This Agreement sets forth and contains the terms and conditions between you and OyeHelp. By using any portion of the Sites you agree to be bound by this Agreement. It is advisable that you should read this Agreement carefully. In the event, IF YOU DO NOT AGREE TO BE BOUND BY ANY CLAUSE OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE FROM USING ANY PORTION OF THE SITES. In such a case, you will not be able to register as a Member or otherwise access and/or use the Expert Platform.
OyeHelp reserves the right and may modify this Agreement or any part hereof at any time as may be required for the provision of services on the Sites, for complying with the legal and regulatory framework and for other legitimate business purposes. OyeHelp will expend reasonable efforts to inform you of any material change to this Agreement. That said, you as well as every Member is encouraged to check the terms of this Agreement frequently. It is made expressly clear that by continuing to use the Expert Platform and/or the Sites (including maintaining your account) after any modifications have been made to this Agreement , would indicate your and/or the Member’s consent to be bound by such modified agreement.
oyehelp.com provides a platform where an Expert may present his or her expertise and sell advice or services to Members through the Expert Platform.
The Expert Platform allows Members to locate an Expert and ask questions or request advice and/or services directly from such an Expert. OyeHelp, via the Expert Platform, enables a Member to negotiate and communicate directly with the Expert; and pay for the services purchased by the Member from such an Expert (each a "Transaction").
Each Member is solely responsible for every Transaction occurring under his or her account. Consequently, you are solely responsible for every Transaction occurring under your account.
You acknowledge and agree that Experts are neither employees nor agents nor representatives of OyeHelp, and OyeHelp assumes no responsibility for any act, omission, advice, representation, etc. of any such Expert.
As further described in this Agreement, OyeHelp makes no representation or warranty or guarantee whatsoever, including but not limited to (a) the availability of the Expert Platform and/or the Sites, (b) the accuracy of the Expert on the Expert Platform and/or the Sites, (c) the willingness or ability of any Expert to give advice, (d) whether you shall find an Expert's advice relevant, useful, accurate or satisfactory, (e) whether the advice of the Expert will be responsive or relevant to your question, or (f) whether the Expert's advice will otherwise be suitable to your needs, etc.
OyeHelp does not verify the skills, degrees, qualifications, credentials, background etc. of any of the Experts. It is strongly recommended that every Member including you independently verify the skills, degrees, qualifications, credentials, background etc. of each Expert from whom he or she receives or contemplates to receive advice or services.
The Expert Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes.
Furthermore, the Expert Platform and Sites may include bulletin boards which allow Members including you to post questions to Experts regarding various topics and allow Experts to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, OyeHelp DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR EXPERT ADVICE PROVIDED AND OyeHelp WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. IT IS EXPRESSLY STATED THAT OyeHelp MERELY ATTEMPTS TO CREATE A PLATFORM WHEREIN A MEMBER HAS AN OPPORTUNITY TO MEET AN EXPERT AND PLAYS NO ROLE IN THE DISPENSATION OF THE ADVICE ITSELF.
Information furnished by Experts is intended for general information purposes or entertainment purposes only. Any consultation with an Expert via the Expert Platform cannot and is not a substitute for a physical examination/ in-person meeting with Experts. Member is encouraged to verify the information furnished by Experts. Any reliance on such information is done at the Member's full and sole risk and liability.
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
If a Member chooses to interact on or through the Expert Platform and/or Sites with any medical professional, mental health professional, physician, attorney or any other Expert in a field requiring licensure and/or certification, the Member’s relationship (as with all other Experts) is strictly with the Expert. OyeHelp is not involved in any way with the substance of that relationship or the advice or information given therein, and OyeHelp does not validate the information or advice provided to you by such an Expert.
The advice or information or representation provided by medical professionals, mental health professionals and physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor or other health professional. Members should not rely on or make health decisions based on advice provided by any Expert on the Expert Platform and/or Sites. OyeHelp strongly recommends that a Member seeking medical or mental health advice additionally also make an appointment for an examination in person with the Expert or a qualified professional.
The advice or information provided by attorneys and other Experts in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting. OyeHelp strongly recommends that a Member seeking such advice make an appointment with the Expert or a qualified professional.
OyeHelp does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to, any mental health professional, medical professional, physician, attorney or other professional or Expert on the site. Member understands that it is his or her responsibility to check the certification and/or licensing of the medical professional, mental health professional, physician, attorney or other professional Expert with the applicable state licensing board or authorities in the Expert's state or country.
Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Expert may have been accessed through Expert Platform or the Sites, OyeHelp cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Expert. Member also acknowledges and agrees that Member takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Expert through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Expert, and that the role of OyeHelp is strictly limited to providing access to such professionals and other Experts for Member's consideration.
Member hereby releases and agrees to hold harmless OyeHelp and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Expert in a field requiring licensure and/or certification, who may be accessed through the Expert Platform or any Site.
OyeHelp does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims, credentials, background etc. of any Expert or any opinion, response, advice, prediction, recommendation, information, representation or other service provided by any Expert. Nothing contained in this Agreement, on the Expert Platform, on any Site, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Expert; or (b) the Expert Platform and/or the Sites; or (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Expert or otherwise made available on the Expert Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Expert, including any biographical information, qualifications, or other information spoken by any Expert or contained in or made available on the Expert Platform, any Site, any blog or any other forum.
MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED ON A "AS IS" BASIS, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST OyeHelp, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AGENTS ETC. WITH RESPECT TO THE SITES, THE EXPERT PLATFORM OR ANY EXPERT. THE USE OF THE SITES AND THE EXPERT PLATFORM IS AT THE MEMBER'S SOLE RISK TO THE FULLEST EXTENT OF THE LAW, AND OyeHelp EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY.
OyeHelp expressly disclaims all representations and warranties related to information posted or transmitted by Experts. If a Member decides to rely on information provided by an Expert, Member must exercise a high level of care. The Member shall not have any claim or demand against OyeHelp, its affiliates, and/or any of the foregoing's officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Member receives, uses and/or relies on. Member agrees that OyeHelp will not be deemed the provider of any Expert's services or other information acquired through the Expert Platform or the Sites. The purchase of the services of any Expert is entirely at the Member's sole risk.
OyeHelp does not assume, and will not be liable for: (1) the accuracy or availability of the Sites or the Expert Platform; or (2) any damages or injury arising from or related to the Sites, the Expert Platform and/or any opinion, response, advice, prediction, recommendation, information, representation and/or other service provided or not provided by any Expert.
This section (disclaimer of warranty) shall survive termination or expiration of this Agreement.
OyeHelp will not be liable for enforcing any agreement that was made between an Expert and a Member, including a Member fee agreement. Member will be solely responsible for any agreement made with an Expert. It is expressly reiterated that OyeHelp merely brings both the Member and the Expert on a common platform in order to increase the accessibility of the various Experts to the various Members and has no role in actual dispensation of advice.
In the event of a dispute regarding any Transaction conducted via the Expert Platform or the Sites, the Member hereby relieves OyeHelp, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents 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 Member may have against one or more Experts.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT OyeHelp, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AGENTS ETC. SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT OyeHelp DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD OyeHelp HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
In the event 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, and the maximum liability to OyeHelp will be capped at $10 or Rs.500 whichever is higher. This section (limitation of liability) shall survive termination or expiration of this Agreement.
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
Member shall ensure that all credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Expert Platform.
Member is solely responsible for paying all fees incurred for the use of the Expert Platform, including each Transaction under the Member's account. Member shall also be responsible to reimburse OyeHelp for any expenses incurred by OyeHelp to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member's account disputed in violation of this Agreement.
A Member may make payments by charging the fees to the credit or debit card or the Paypal account on file. Each Member hereby expressly authorizes payments for all fees for each Transaction occurring under the Member's account. Additionally, Member will deposit amounts as reserved funds as part of the Member Accounts calling cards. Deposits may be made via a credit or debit card or Paypal account. Fees will then be deducted from the reserved funds also known as calling cards as incurred, either as services are rendered, or promptly after a session with an Expert ends. The reserve funds or calling cards feature is offered by OyeHelp to Members for their convenience. OyeHelp reserves the right to charge an administrative fee of up to Rs.250.00 or $USD 5.00 per month on calling packs that are not consumed within a thirty day validity. Please refer to OyeHelp policies for further details.
OyeHelp will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and an Expert within thirty (30) days after the end of the calendar month in which the transaction occurred.
Member is obligated to report to OyeHelp in cases when he or she was billed directly by an Expert (i.e. not through OyeHelp). Such report should include a description of the service that was rendered by the Expert and the price charged.
Time charges to Members are based on increments of a minute as measured on OyeHelp's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. OyeHelp's billing system is not fault-free; therefore OyeHelp shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint via our customer care
While Members are solely responsible and liable for all uses of the Expert Platform (including, but not limited to, the selection of Experts, communications with Experts and fee arrangements with Experts), and while Members assume the risk that any communications with an Expert may or may not address a Member's questions or otherwise be satisfactory, relevant or acceptable to the Member, in certain limited circumstances OyeHelp may elect to refund a payment made by a Member for a communication session with an Expert. The refund process is described at the following link: OyeHelp policies.
When you, the Member, create and open an account with OyeHelp, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify OyeHelp of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. OyeHelp encourages Member to change their password at least once a month. OyeHelp will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. OyeHelp will hold you liable and responsible for any losses incurred by OyeHelp due to someone else's use of your account or password.
The Sites may contain links or other content related to web sites, products and/or services offered by third parties. OyeHelp has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that OyeHelp is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that OyeHelp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. OyeHelp encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
OyeHelp may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Member may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that OyeHelp is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
OyeHelp reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that OyeHelp shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by OyeHelp, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
OyeHelp's services depend on various factors such as software, hardware and communications networks of OyeHelp, its contractors and suppliers. OyeHelp does not guarantee that OyeHelp's service will be uninterrupted or that it will be timely, secure or error-free.
OyeHelp, in its sole discretion and for any reason, may terminate Member's participation in the services and refuse any and all current or future use by Member of the Sites.
The Sites and the Expert Platform contain copyrighted material, trade secrets and proprietary information owned by OyeHelp or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or Expert Platform; or any material or information appearing on the Sites or Expert Platform; or any services offered by OyeHelp. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of OyeHelp or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites or Expert Platform.
The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of OyeHelp or its licensors, or take any other action that infringes upon or impairs OyeHelp's trademark or other intellectual property rights.
OyeHelp or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites, Expert Platform and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, OyeHelp or its suppliers shall retain all ownership rights in and to all content displayed on the Sites and Expert Platform including copies of data transferred or received by Member through the Sites and Expert Platform. This section shall survive expiration or termination of this Agreement.
OyeHelp may disclose Member information including personal information if OyeHelp reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate OyeHelp's liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by Members), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
OyeHelp respects the intellectual property of others, and we ask our users to do the same.
OyeHelp may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OyeHelp's Customercare the following information:
OyeHelp grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Member shall defend, indemnify and hold OyeHelp, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; (c) any content Member submits, posts or transmits through a Site and/or the Expert Platform or otherwise provided by Member; and (d) Member's use of any Site and/or the Expert Platform. This section shall survive expiration or termination of this Agreement.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of OyeHelp. Any purported assignment without the prior written approval of OyeHelp will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the India (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between OyeHelp and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by OyeHelp with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the India are not permitted to use or access the Expert Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. 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.