ARE YOU OK (PTY) LTD
COMMERCIAL TERMS OF USE

IMPORTANT NOTICE

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY HOTLINES (0800567567) – SOUTH AFRICA IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY COUNSELLING SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

FOR INTERNATIONAL MENTAL HEALTH AND SUICIDE HOTLINES, PLEASE BROWSE HERE.

Please read these Terms of Use (“TOU”) carefully. This TOU governs and applies to your (the “User”, “you”, “the Client”) access and use of the Counselling Services offered by Are You OK (Pty) Ltd (“we”, “us” or “our”) including, but not limited to, www.areYouok.co.za (the “Website”), and/or any other applications or software we may provide from time to time (the “App”, and together with the Website, the “Platform”). 

For specific information regarding Privacy and Data Protection as a user of the Platform please refer to our Privacy Notice which is also available on the Website. 

If You do not agree to be bound by this TOU and/or Our Privacy Notice, You must stop using the Platform and any other Counselling Services connected thereto immediately.

By accessing and using the Platform (whether as a visitor or a Client (as defined in Clause 1.2 below)), You affirm that You have read this TOU and Our Privacy Statement, as may be amended, supplemented and/or updated from time to time, and that You understand, acknowledge and agree to all the terms contained therein.  

Please note that We reserve the right to amend this TOU and Our Privacy Notice at any time, without prior notice to anyone. Once published on Our Website, the latest version hereof shall apply. It remains Your responsibility to keep Yourself informed of the Terms contained herein, and to ensure that You continue to agree thereto. 

We thank You for expressing Your interest in subscribing to the Platform. If You experience any issues or would like to provide any feedback, please feel free to contact Us at hello@areYouok.co.za.

TERMS OF USE

• The TOU govern Your access to and use of the Platform or any part thereof through which mental health and addiction support and Counselling Services (“Counselling Services”) are facilitated via the Platform. The Counselling Services which are offered via the Platform are described in this TOU and on the Website. The Counselling Services are provided by a team of  mental health professionals, therapists and addiction counsellors (the “Are You OK Professionals”).  
• When the terms “You”, “Your”, “Yourself” or such other similar terms are used in this TOU, they refer to the individual, also known as the “Client” or “User”, who is considering subscribing or has subscribed to Our Platform to access the Counselling Services provided by the Are You OK Professionals.
• By accessing and using Our Platform or any part thereof, You agree to be bound by the terms and conditions contained herein. 
• In the event that offer the Are You Ok online Counselling Services via a mobile application then  You will probably download this App to your mobile device (“Device”) from a third party mobile app store (the “Store”). This TOU and your use of the App in this instance will both subject to any conditions imposed on You from time to time by the Store in accessing and downloading the App.  
• We may release new versions of the Website and/or the App from time to time.  
• We take data privacy seriously and are committed to data protection in accordance with all relevant laws which, for purposes of this TOU include the Protection of Personal Information Act 4 of 2013 (“POPI”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the General Data Protection Regulation EU 2016/679 and UK (“GDPR”) (to the extent that we process information of individuals resident in the United Kingdom or the European Union). 

LICENSE OF USE IN RESPECT OF MOBILE APPLICATION 

• We grant to you a non-transferable licence to use the Platform on any Device that you own or control for the sole purpose of accessing the Counselling Services which we facilitate. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod touch, iPad or other device using the iOS operating system.  
• This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App.  
• You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of our rights and the rights of our licensors. 
• We may change the terms of this TOU at any time, and will display the new TOU for acceptance the next time you log onto the Website or access the App. If you do not accept the amended TOU, this TOU will automatically terminate. 

TERM AND TERMINATION 

• Your rights under this TOU will terminate automatically without notice from us if you fail to comply with any terms contained herein in which case your Account will be deactivated.  Upon termination, you must cease all use of the Platform, (and destroy all copies, full or partial, of the App, if applicable). 

ARE YOU OK PROFESSIONALS

• The Are You OK Professionals are independent contractors mandated by Us for the purpose of providing Counselling Services via the Website and/or the App. The Are You OK Professionals are not Our employees, agents or representatives. You hereby acknowledge, understand and agree that the Are You OK Professionals are independent contractors and that they are solely responsible for the manner in which the Counselling Services are provided to You.
• THE PLATFORM ENABLES CLIENTS TO ACCESS THE ARE YOU OK PROFESSIONALS AND THE MATERIALS  THAT WE PUBLISH AND WE ARE A SOFTWARE SOLUTION PROVIDER. WHILE WE TAKE REASONABLE MEASURES TO VERIFY THE CREDENTIALS AND APTITUDE OF THE ARE YOU OK PROFESSIONALS, WE ARE NOT  RESPONSIBLE FOR AND CANNOT BE HELD LIABLE FOR ANY ADVICE WHICH IS PROVIDED AS PART OF THE COUNSELLING SERVICES. WE EXPLICITLY EXCLUDE OUR LIABILITY IN THIS REGARD, WHICH YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND ACCEPT.
• YOU FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OUR ROLE IN PROVIDING THE PLATFORM IS LIMITED TO CONNECTING YOU WITH THE ARE YOU OK PROFESSIONALS AND THAT WE EXERCISE NO CONTROL OR INFLUENCE OVER THE LEVEL OF SERVICE RENDERED AND THE INDEPENDENT JUDGMENTS OF THE ARE YOU OK PROFESSIONALS WITH RESPECT TO THE INFORMATION, ADVICE, COUNSELLING SERVICES AND/OR RECOMMENDATIONS THAT IS COMMUNICATED BY THEM TO YOU.
• You understand, acknowledge, agree and accept that:
  • The Counselling Services provided by the Are You OK Professionals may not be appropriate for everyone and/or every situation, as personal circumstances of each Client will differ; and
  • That the Platform and the Counselling Services, or any part thereof, are not substitutes for in-person consultation, examination and/or care by appropriate medical practitioners or clinical professionals.
• The credentials of each Are You Ok Professional is included in their counsellor profile which is displayed on the Website and in the App.  You may verify the Professional’s credentials by visiting their profile.  
• You have the option to change the Are You OK Professional that has been assigned to You at any point in time. Without limitation to the foregoing, if the Are You OK Professional that You have chosen is unable to provide the Counselling Services in a way that caters to Your needs and individual circumstances, You may also make the choice to book an alternative Are You Ok Professional without any prejudice or additional charge. This option is available to You on Our Website via Our call booking portal.
• Kindly note that the Counselling Services provided by any of the Are You OK Professionals are for educational, informational, supportive and other non-clinical, non-medical and non-diagnostic purposes only. The Are You OK Professionals will not provide diagnoses, medical treatment, prescriptions, clinical supervision or anything similar as part of the Counselling Services, nor provide the Counselling Services for any clinical or medical purposes (collectively, the “Prohibited Actions”).
• Should you encounter any of the aforementioned Prohibited Actions with any of the Are You OK Professionals, or suspect that an Are You Ok Professional is engaging in such actions, we urge you to immediately report such actions by including the name of the Are You OK Professional in question, a brief summary of the event and any other relevant evidence of the Prohibited Action(s) to hello@areYouok.co.za.
• All information that You may share with the Are You Okay Professional will be kept confidential between Yourself and the relevant Are You Professional.   

REGISTRATION AND CREATION OF ACCOUNT

• After accepting this TOU, you will need to register with us before you can use of the Platform and book Counselling Services. You will register using the App or via the Website. In this regard you undertake to provide us with accurate information and to keep this information updated and accurate at all times.  Upon completion of the registration and subscription process, You will be issued with an account (“Account”).  
• If you are an Are You OK Professional or wish to become affiliated with us to offer your Counselling Services on the Platform then you warrant that all certifications, personal information and qualification credentials which you provide to Us are personal to you, are accurate, current and true and that you are registered as a therapist or counsellor or practitioner with the appropriate regulatory bodies. You further warrant that you are in good standing as a professional according to applicable law in your jurisdiction dealing with the qualification and registration of healthcare providers, counsellors or social workers.  We may verify your credentials and certifications with registered bodies before registering you as an Are You Professional. Should we subsequently discover any inconsistencies or false information then your Account will be deactivated, and we will report you to the appropriate authorities. You will be responsible for maintaining your online profile and informing us of any changes to your personal information or qualifications. 
• The Platform is not available to any person under the age of 18 (eighteen) years old. 
• You acknowledge, understand, and agree that you are solely responsible for maintaining the security and confidentiality of your password and any other personal or security information related to Your Account. We advise you to change Your password frequently and to take extra care in safeguarding your password. In order to maintain the security of your Account, We strongly advise you not to share your password or other account information with anyone. 
• You hereby confirm and agree that all the information that you have provided in or through the Platform and your Account, and all information that you will provide in or through the Platform and your Account in the future, will be accurate, true, current, and complete. You further undertake to take the necessary steps to ensure that the accuracy of this information is maintained, updated and complete.  You acknowledge, understand and accept that it remains your responsibility to ensure that your information on the Platform and on your Account remains relevant, true and accurate in all aspects, and that neither Are You Ok (Pty) Ltd, nor its affiliates and/or subsidiaries shall be held liable for any damages arising from any discrepancies or misrepresentation. 
• You hereby confirm and agree that Your use of the Platform and your Account is created by you personally in order to receive the Counselling Services for your own personal use only and that You shall not use the Platform, Your Account and/or receive the Counselling Services for and/or on behalf of any other person. 
• We will use your personal information only for the purpose of providing access to the Counselling Services to you via the Platform, in accordance with this TOU, Our Privacy Policy and our Data Processing Agreement and will retain information in accordance with the retention periods prescribed by law.

ACCEPTABLE USE 

• You agree and undertake not to interfere with or disrupt, or attempt to interfere with or disrupt, any of the Platform’s systems, Counselling Services, servers, networks or infrastructure including, without limitation, obtaining unauthorised access to the Platform or your Account.
• You agree and undertake not to make use of your Account and/or the Platform for the posting, sending or delivering of any of the following whatsoever:
  • unsolicited email and/or advertisement or promotion of goods and Counselling Services (including, without limitation, those related to alcohol, tobacco, gambling and wagering);
  • malicious software or code;
  • unlawful, misleading, fraudulent, harassing, privacy invading, abusive, threatening, vulgar, obscene, discriminatory, racist or potentially harmful content;
  • any content that infringes a third party right including intellectual property rights;
  • any content that advertises, promotes, or disparages any religion or religious opinion or other related information;
  • any libellous or otherwise defamatory content;
  • any content that advertises, promotes, or disparages any political party, opinion, or other related information;
  • any content that may cause damage to other Clients, the Are You OK Professionals, Us, Our affiliates and/or subsidiaries, or any other third party; or
  • any content which may constitute, cause or encourage a criminal action or violate any applicable laws.
• You agree and undertake not to violate any applicable laws in relation to your use of your Account, the Platform and/or your relationship with us regardless of the nature thereof, the Are You OK Professionals and/nor our subsidiaries and/nor affiliates. 
• You acknowledge that we reserve the right to suspend or revoke your access to your Account at any time, with or without prior notice.  We may further remove and/or destroy any content posted which is determined by us, in our sole and absolute discretion to contravene to this Policy. 

SUBSCRIPTION AND SUBSCRIPTION FEES

• You may subscribe to and access the Platform and the Counselling Services by means, but without limitation, of the following:
  • direct individual subscription; or
  • via an employer-sponsored subscription plan.
    (hereinafter the subscribing and access to the Platform and Counselling Services so done, collectively referred to as the “Subscription”).
•  A subscription fee (“Subscription Fee”) as indicated on the Website is payable by you for the access and/or usage of the Platform, the proceeds of which is applied towards the following:
  • limitless access to the course work (which may be updated by us from time to time at our sole discretion, and which is not limited to the current offering) for the period of the agreed subscription term; and
  • to defray costs for our continued software development, overheads and administrative Counselling Services, and other corporate costs and fees, including transaction fees for credit card usage.
• You agree to pay all Subscription Fees associated with your Subscription and Account on a timely basis in accordance with the fee schedule, to ensure that there are funds in the account from which the Subscription Fee is debited. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card account or other payment information you have provided us with during the initial setup of Your Account. You agree to maintain valid credit card- or payment information for the purpose of maintaining your Account. By providing your credit card account or other payment information, You authorise us to bill and charge you in accordance with the information provided at intervals based on the Subscription you have selected.
• If your Subscription grants you access through an employer-sponsored subscription, then payment of your subscription fee may be arranged by your employer or a third party administrator who facilitates this payment (the “Payor”). In this instance, you may still be responsible for any co-payment or payments for additional Counselling Services which are explained in your benefit programme. Due notice of such additional payment, where applicable, will be provided by us before it is charged.
• You acknowledge and agree that it is your responsibility to ensure that the payment information provided is current, complete and accurate. Any changes of payment information can be done by you directly through the Website by logging into your Account and reviewing your settings or by contacting us at hello@areyouok.co.za 
• The Subscription runs on a monthly subscription-based model billed periodically based on your preferences and our set billing cycles. The terms herein apply to all Subscriptions unless otherwise separately agreed upon in writing.
• You may change your subscription package at any time via the Website. The new package that You have selected will be effective immediately after the end of Your current billing cycle.
• Cancellation of your Subscription can be completed in the following ways:
  • for individual subscribers, your Subscription can be cancelled any time within your Account setting or via the App and will be effective immediately after the end of your current billing cycle;
  • for individuals subscribing through an employer-sponsored programme, Your Subscription can also be cancelled any time within the App and your cancellation instruction will be effective after the end of Your current billing cycle. The Payor will be notified that You no longer wish to continue with the Subscription and the necessary arrangements will be made between us and the Payor. If you leave the employ of the Payor, you will similarly be responsible for cancelling your Subscription.
• All payments made to us in any manner are non-refundable.  You acknowledge, understand and accept the same, and that you shall at no time be entitled to any form of refund or credit to your Account, notwithstanding whether you have cancelled any bookings with or have not booked any sessions with the Are You Ok Professionals in any billing period. 
• You acknowledge that we reserve all rights to change our pricing and any other terms relating to Subscription at any time without advance notice to anyone by publication thereof on the Website. In such instances, measures will be taken on a best-effort basis to ensure that there will be little or no disruption to current and active Subscriptions.
• Further to Clauses 7.1 to 7.10 above, Clients who access the Platform through an employer-sponsored benefit plan may be required to provide additional registration information. This information is collected to confirm your eligibility under such plans and will not be shared with any of the Are You OK Professionals without your consent. This information is also required to confirm the programme and/or benefit eligibility, your specific benefits, and to prevent fraud.

THIRD PARTY CONTENT

• The Platform may allow access to websites or other applications owned and / or operated by third parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof.  
• You agree to use the Platform at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the Platform (regardless of whether or not we have permitted access to the material).  
• If you access such material, you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise. 

PERSONAL DATA

• We are subject to, and comply with, the provisions of the Protection of Personal Information Act (No. 4 of 2013) (“POPIA”) of the Republic of South Africa with respect to personal information provided by you, and processed by us. To the extent that you are an EU or UK citizen then the EU or UK General Data Protection Regulation (GDPR) will apply to the processing of such information.   By using our Platform or any part thereof, you consent to our processing of your personal information for the purpose of providing you with access to the Counselling Services via the Platform.  You understand, acknowledge and agree that the terms as contained in our Privacy Notice, and any other of our policies shall be applicable.

DATA SECURITY, PRIVACY AND CONFIDENTIALITY

• Protecting and safeguarding all information (including, but not limited to, your Personal Information) provided to us is extremely important to us. Information about our security and privacy practices can be found in our Privacy Notice, or by contacting Us via e-mail at hello@areYouok.co.za. detailing Your enquiry.  To enable Us to communicate with you in this regard, you should provide Us with sufficient details.
• You undertake to notify us immediately of any suspected or actual breach or unauthorised use of Your Account, and/or any matter related thereto.  You understand, acknowledge and agree that it is your responsibility to, and that you shall, notify us immediately of any unauthorised use of Your Account or any other concern of breach(es) of your Account, in writing to hello@areYouok.co.za. detailing the incident or suspected incident and including all evidence related to the incident.
• You acknowledge and agree that we will not be liable for any actual and/or potential losses and/or damages suffered and/or incurred as a result of someone else using your Account, either with or without your consent and/or knowledge.
• You acknowledge and agree that you are solely and fully responsible for all activities and actions performed in the name of and/or through your Account, and shall be solely liable for any losses and/or damages suffered and/or incurred in connection thereto, regardless of whether or not the activities and/or actions were actually performed by you or not.

INTELLECTUAL PROPERTY

• You understand, acknowledge and agree that we retain all existing and future rights in- and to the Platform and Counselling Services, and all parts thereof, including all existing and future patent, copyright, trade secret, trademark and all other intellectual property rights therein.
• You further understand, acknowledge and accept that We own all rights, titles and interests in:
  • any inventions, concepts, data or other works that relate to development of the Platform (collectively, “Inventions”); and
  • all intellectual property rights in such Inventions, including all patents, copyrights, trade secrets and trademarks (“IP-Rights”) pertaining to the Platform.
• You hereby assign all rights, titles and interests in the Inventions and IP-Rights, if any, to us and agree to take all actions reasonably necessary to accomplish the foregoing ownership.
• Except for Your right to use your Account and/or the Platform as expressly provided for in this TOU, you agree that You do not and will not acquire any IP-Rights or any other rights in respect of the Platform.
• You shall not, nor attempt to, reverse engineer, modify, nor alter the appearance of-, nor any other part of the Platform. 

LIMITATION OF LIABILITY AND WARRANTIES

• By using Our Platform, you warrant and represent that you have attained the age of 18 (eighteen) and have the capacity to enter into legally binding contracts. If you are under the age of 18 (eighteen), you need to be supervised by your parent or legal guardian in order to use the Platform. 
• By using the Platform and/or receiving the Counselling Services, you acknowledge and agree that our Platform only serves to connect you with the Are You OK Professionals. You further acknowledge and agree that the Are You OK Professionals are independent contractors engaged by us for the provision of the Counselling Services and that we do not hold ourselves out as your direct provider of the Counselling Services. Are You OK Professionals are not our employees, agents nor representatives. The Are You OK Professionals are solely responsible for the manner in which the Counselling Services are provided to you. 
• We give no assurance, representation or warranty of any kind (whether express or implied) about the provision of, and disclaim all liability for, the Counselling Services. You hereby indemnify- and agree to hold Us entirely harmless from any and all causes of action and claims of any nature resulting from the Counselling Services so provided.  This includes, and is not limited to, any Are You OK Professional providing Counselling Services through the Platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Are You OK Professional and/or any other content or information accessible through the Platform.
• Your access to and use of the Platform and the Counselling Services are procured at your own risk. You understand and agree that the Platform is provided to you on an “as is” basis. We disclaim all warranties and conditions, whether express or implied, of the Platform being of satisfactory quality, fitness for a particular purpose, or non-infringement to the maximum extent permitted under applicable laws. We make no warranty nor representation and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security and/or reliability of the Platform; and (ii) whether the Platform will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
• You acknowledge and agree that we shall not be liable to you or to any third party for any direct, indirect, incidental, consequential, special, punitive or exemplary damages.
• You in any event acknowledge and agree that our aggregate liability for damages arising in connection with your use of the Platform shall not exceed the total amount of money paid by you by way of Subscription Fees or otherwise for the 3-month period immediately preceding the date of Your claim.
• If any provision of this TOU is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this TOU shall not be affected or impaired thereby.
• This Clause 12 shall survive the termination or expiration of this TOU.

INDEMNIFICATION

• You acknowledge, understand and agree that you indemnify-  and hold us entirely harmless from- and against any and all claims, regulatory investigations or enforcement, losses, causes of action, demands, liabilities, costs and/or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following:
  • Your access to or use of the Platform;
  • any actions made with Your Account whether by You or by someone else (whether authorized or not);
  • Your breach of any of the provisions of this TOU;
  • non-payment for any of the Counselling Services which were provided through the Platform; and
  • Your breach of any third party rights, including, without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights.
• You acknowledge and agree to indemnify us from any and all claims, regulatory investigations or enforcement, damages, liability, settlement, losses and legal fees and expenses, as incurred, arising out of any breach of the provisions of this TOU, gross negligence or wilful misconduct by you, including any breach, gross negligence or wilful misconduct by any Are You OK Professional.
• This Clause 13 shall survive the termination or expiration of this TOU.

MODIFICATIONS, TERMINATION, INTERRUPTION, AND DISRUPTIONS TO THE PLATFORM

• You acknowledge, understand, and agree that we may modify, suspend, disrupt or discontinue any or all parts of the Platform, or the use of the Platform, whether to all Clients or to you specifically, at any time with or without notice to you. 
• The Platform depends on various factors such as software, hardware and tools, either on its own or owned and/or operated by third parties. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, You understand and agree that no Platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted nor that it will be accessible, consistent, timely or error-free at all times.
• We reserve the right to suspend or terminate your access to our Platform if we reasonably believe:
  • You are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
  • You are using the Platform in a manner that would cause a real risk of harm or loss to Us, other Clients or the public at large;
  • We are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or such other legal processes; or
  • Our provision of the Platform to you is no longer possible or commercially viable. 
• In any of the above events, we will notify you by the email address associated with your Account, or if appropriate by publishing the notice on our Website, unless we are prohibited from notifying you by law.
• Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities, and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

GOVERNING LAW AND DISPUTE RESOLUTION

• The provisions of this TOU (including this Clause 15) shall be governed by, construed and enforced in accordance with South African law.
• Any dispute arising out of or in connection with this TOU, including any question regarding its existence, validity or termination (“Dispute”) must be referred in writing to the executives of the Platform to resolve. If the dispute is not resolved within 10 (ten) calendar days, then it may be referred for arbitration in which event the rules of the Arbitration Foundation of South Africa (“AFSA”) will apply.  The arbitration will be held in Cape Town, South Africa.  
• The tribunal shall consist of one arbitrator who shall conduct the arbitration in English only. 
• This dispute resolution clause does not preclude any of Our rights to obtain relief available to Us at law from a court of competent jurisdiction in circumstances We deem appropriate. 

GENERAL

• The provisions set out in this TOU constitutes 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 this TOU.
• You may not assign any of your rights or transfer your obligations under this TOU without our prior written consent to do so.  However, we may assign our rights or transfer our obligations under this TOU to any affiliate, subsidiary or third party at our sole discretion. In the event that we intend to transfer Our obligations to such party, We may provide you with reasonable notice of our intention to do so.  By continuing with your Subscription, you are deemed to consent to such transfer.
• Headings of paragraphs in this TOU are solely for purposes of convenience, and must not be applied in the interpretation of this TOU.
• If any provision of this TOU is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this TOU will remain in full force and effect. All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this TOU.
• We may provide notices or other communications to you regarding this TOU or any aspect of the Platform and/or Counselling Services, by sending an email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to hello@areYouok.co.za.
• By clicking ‘Agree’ and/or continuing with the Platform’s process flow, you agree to be bound by the terms and conditions contained herein.