Terms and Conditions
- INSTAHAPPY TERMS OF USE–
This is the Instahappy Terms of Use which along with the Privacy Policy for Instahappy form the terms and conditions for www.instahappy.com and any other Instahappy online platforms and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Applications") (Platform) available (collectively, the "Site").
This Terms of Use along with the Privacy Policy apply to the use of the Applications and the Service through the Applications. These Terms control over any Terms which may be imposed by either iOS or the Android platform and any other application distribution platform for use of the Applications and/or the Service through an App. Anywhere in the Terms where the word Site is used shall also include the word App and vice versa. Your use of any App will terminate at the same time as use of the Services to which the App relates.
1. Introduction
INSTAHAPPY is a mobile native software application, through which users can take a test that measures their happiness (“INSTAHAPPY Services”).
INSTAHAPPY is provided to you by Instahappy Limited, registered office is 17 Brooklawn Drive, Manchester, England, M20 3GY registered no. 06588401, which includes a mobile app called INSTAHAPPY, and a website of which the address is at www.instahappy.co.uk, also referred to below as "INSTAHAPPY", "we" or "us".
By using the Applications or the Sites, you agree to be bound by this Terms of Use. Any personal information submitted to or through the Applications or Sites is governed by our Website Privacy and Cookies Policy located here.
2. Eligibility
The use of the Instahappy Sites or Applications are strictly reserved for adults of 18 years of age or over. Minors cannot use the Instahappy except via his/her legal guardian. In the event that a minor uses a service without the consent of his legal guardian, Instahappy disclaims all liability.
3. Acceptable Use Policy
Please read the Acceptable Use Policy below for using the INSTAHAPPY Sites or Applications carefully before providing using the INSTAHAPPY Services.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THE GUIDELINES AND YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. Use the INSTAHAPPY Services to harass, abuse, defame, threaten or defraud other users or to defame Instahappy, or collect, attempt to collect, or store location or personal information about other users;
2. Use the INSTAHAPPY Services for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
3. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the INSTAHAPPY Services accounts of other users;
4. Misrepresent the source, identity or content of information transmitted via the INSTAHAPPY Services;
5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the INSTAHAPPY Services, features that prevent or restrict use or copying of any content accessible through the INSTAHAPPY Services, or features that enforce limitations on use of the INSTAHAPPY Services;
6. Intentionally interfere with or damage operation of the INSTAHAPPY Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
7. Attempt to gain unauthorised access to the INSTAHAPPY Services, or any part of it, other accounts, computer systems or networks connected to the INSTAHAPPY Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the INSTAHAPPY Services or any activities conducted on the INSTAHAPPY Service; or
8. Use any robot, spider, scraper or other automated means to access the INSTAHAPPY Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the INSTAHAPPY Services or modify the INSTAHAPPY Services in any manner or form, nor to use modified versions of the INSTAHAPPY Services, including (without limitation) for the purpose of obtaining unauthorised access to the INSTAHAPPY Services;
3.1 There shall be a single warning for serious breaches of policy before an account is terminated, however, we reserve the right to terminate an account without notice for a breach of our Acceptable Use Policy.
3.1.1 Whether we decide to terminate an account or not is entirely at our discretion.
3.1.2 Neither Apple nor Google Inc. has any obligation whatsoever to furnish any maintenance and support services with respect to this Application.
4. Consultations
Instahappy may provide consultation through the Applications or Sites. The consultation service provided by Instahappy ensures a secure one to one encrypted channel between the user and the therapist. In providing this service Instahappy respects all privacy rules as stipulated in our privacy policy
The user acknowledges that there may be charges for the consultation service issued by the practitioner. It is the practitioner and the user’s responsibility to inform and to be informed about these charges.
The equipment (smartphone, internet connection, etc.) enabling access and use of the consultation service shall be at the sole expense of the user, as shall the related electronic communication costs (in particular telephone costs, internet access costs). It is up to the user to obtain information on the price of use of the before mentioned equipment or services from the operators before using the consultation service.
The user is invited to ensure ahead of time the following conditions are met during the consultation.
5. Liability
A. The advice given via the Sites or Applications is not intended to be a substitute for professional medical advice, diagnosis, or treatment or a face to face consultation with a licensed psychotherapist or psychologist. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Instahappy Services to users.
B. Nothing in these Terms shall limit or exclude our liability to users for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.
C. Subject to B above in no event shall we be liable to users (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses that users suffer is strictly limited to losses that were reasonably foreseeable.
D. Subject to B and C above, our total liability arising under or in connection with these Terms or any breach or non-performance of these Terms no matter how fundamental (including by reason of negligence) in contract, tort or otherwise shall be limited to the total value of the amount a User has paid to subscribe to the Sites or Applications or £300 whichever is greater.
6. Intellectual Property.
We own, or are the licensee to, all rights, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application. Neither Apple nor Google Inc. are responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
7. Governing Law and jurisdiction
These Terms are governed by English law, and users agree that any dispute between a User and us regarding them or the Sites or Applications will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
8. Refunds and Cancellations
By downloading the content and immediately using the service, you are waiving your 14-day cancellation rights and any right to a refund.
The service also allows the user to book a psychological whatsapp consultation. If the appointment is missed, the user forfeits the right to a refund.
Should we miss the consultation however, and if the consultation is cancelled for reasons beyond our control, we will try to re-book an appointment one more time if the user can be contacted through the details submitted at registration.
It is the user’s responsibility to ensure that these are correct and the user is reachable. If the user cannot be reached, we are not bound to rebook the appointment and do not take any responsibility to ensure that it is arranged.
If the appointment is missed subsequently, the user forfeits the right to a refund and we are not committed to rebook.
9. Changes to this Application or Terms of Use.
We reserve the right to make changes to the Sites or Applications and/or these Terms of Use from time to time. Any material changes will take effect when you next use the Application or after 30 days, whichever is sooner. If you do not agree to any change, please uninstall and discontinue using the Sites or Applications.
Preparation Date: [ 30/05/2020 ]
Last Revision Date: [ 17/02/2021 ]
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