Terms and Conditions of Use

How This Document Works

These Terms and Conditions ("Terms") are presented as a single combined document made up of five parts, so that every person who registers on the Hello Foundation's website and/or platform (the "Platform") reads and accepts one set of terms, once, at the point of registration.

Part A and Part E apply to every person who registers on the Platform, regardless of role. Parts B, C and D are role-specific and apply only to the extent that they are relevant to the role(s) selected by the person at registration. A single individual may occupy more than one role (for example, a parent who is also a donor), in which case all the parts relevant to their selected roles apply to them.

At registration, the Platform requires the person to indicate their role(s) by way of a selection or tick-box mechanism (for example: "I am registering as: [ ] a Consumer (18 or older) [ ] a Parent/Guardian registering on behalf of a minor [ ] a Donor [ ] a Practitioner"), and must confirm acceptance (e.g. "I have read and accept the Terms and Conditions applicable to my role(s)") before you may proceed further.

Structure of this document

Part A — Definitions and General Provisions

This Part A applies to every person who accesses or registers on the Platform, in addition to whichever of Parts B, C and D applies to them.

1. Definitions

1.1 “Consumer" means any person of 18 years or older who registers to receive counselling services for themselves;

1.2 “Donor" (referred to on the Platform as a "Donateer") means any person or entity who makes a monetary donation to the Foundation through the Platform;

1.3 “the Foundation" means The Hello Foundation [NPC / NPO registration number: [insert]], and includes its directors, employees, staff, volunteers and agents;

1.4 “HPCSA" means the Health Professions Council of South Africa, and "relevant statutory body" means any other equivalent professional regulatory or registration body applicable to a Practitioner's profession (for example, the South African Council for Social Service Professions);

1.5 “Minor" means any person under the age of 18 years, in accordance with the Children's Act 38 of 2005;

1.6 “Parent/Guardian" means the biological parent, adoptive parent, or legal guardian of a Minor, or a person who otherwise holds parental responsibilities and rights, or lawful care, in respect of that Minor, and who registers the Minor on the Platform and/or consents to the Minor receiving counselling services;

1.7 “the Platform" means the Hello Foundation website, mobile application, and any associated booking or communication systems through which counselling sessions are booked, donations are made, or Practitioner services are offered;

1.8 “POPIA" means the Protection of Personal Information Act 4 of 2013;

1.9 “Practitioner" means a registered, vetted counsellor, psychologist, social worker or other mental-health professional who offers counselling services through the Platform;

1.10 “Session" means a single online or in-person counselling session booked and/or facilitated through the Platform;

1.11 “these Terms" means this combined Terms and Conditions document, including Parts A to E.

2. Acceptance

2.1 By ticking the acceptance box and/or electronically signing at registration, the person confirms that they have read, understood, and agree to be bound by Part A, Part E, and each of Parts B, C and/or D that applies to the role(s) they have selected.

2.2 If the person does not agree to these Terms, they must not proceed to register on, or make use of, the Platform.

2.3 The Foundation may update these Terms from time to time in accordance with clause 9 below. Continued use of the Platform after notice of an update constitutes acceptance of the updated Terms.

3. Nature of the Platform

3.1 The Foundation operates the Platform as a facilitator that connects Consumers and Minors (through their Parents/Guardians) with independent, vetted Practitioners, and that receives donations from Donors in support of its charitable objectives.

3.2 Save as expressly stated in Part D, the Foundation does not itself provide counselling, psychological, medical or therapeutic services. Those services are provided by Practitioners in their personal or professional capacity, subject to their own professional and ethical obligations.

Part B — Terms for Consumers, Parents and Guardians

This Part B applies to (i) any Consumer aged 18 or older registering to receive counselling services for themselves, and (ii) any Parent/Guardian registering a Minor to receive counselling services. It must be read together with Parts A and E.

1. Confirmation of Age and Authority

1.1 If registering as a Consumer for oneself, the person confirms and warrants that they are 18 years of age or older and have full legal capacity to accept these Terms and to consent to receiving counselling services.

1.2 If registering on behalf of a Minor, the person confirms and warrants that they are:

(a) 18 years of age or older; and

(b) the biological parent, adoptive parent, legal guardian, or other person who lawfully holds parental responsibilities and rights (including guardianship, care, or the right to consent to the Minor's medical or psychological treatment) in respect of that Minor, whether by law, court order, or other lawful authority; and

(c) authorised, under the Children's Act 38 of 2005 and any other applicable law, to consent on the Minor's behalf to the Minor receiving counselling services through the Platform.

1.3 The Foundation is entitled, but is not obliged, to request supporting documentation (such as an identity document, birth certificate, or proof of guardianship) to verify the matters warranted in clause 1.2 and may suspend or decline registration pending such verification.

1.4 The Parent/Guardian acknowledges that the Foundation and its Practitioners are entitled to rely, without further enquiry, on the warranties given in clause 1.2, and that the Foundation shall not be liable for any loss, harm, or claim arising from a false or inaccurate warranty given under this clause 1.

1.5 Self-registration by a Minor. The Platform permits a Minor to register to receive counselling services directly, without being registered by a Parent/Guardian, provided that the Minor confirms their age and provides the name of a Parent/Guardian at the point of registration. The Foundation does not independently verify this information unless it elects to do so under clause 1.3.

1.6 Indemnity for false information provided by a self-registering Minor. Where a Minor registers under clause 1.5, that Minor indemnifies and holds harmless the Foundation, its directors, employees, staff and volunteers against any loss, damage, claim, fine, or liability suffered or incurred as a result of the Minor having provided false, inaccurate, or misleading information as to their age or the identity of a Parent/Guardian, whether at the point of registration or at any time thereafter. This indemnity applies in addition to, and does not limit, any right or remedy available to the Foundation under clause 1.3 or elsewhere in these Terms.

2. Ongoing Responsibility of the Parent/Guardian

2.1 Where a Minor is registered, the Parent/Guardian remains, at all times, fully and personally responsible for:

(a) the accuracy and completeness of all information provided about the Minor;

(b) consenting to, arranging, and where appropriate supervising or being reasonably available during, the Minor's Sessions;

(c) the Minor's wellbeing before, during and after Sessions;

(d) any decisions made by, for, or in respect of the Minor in connection with the Platform or a Practitioner, including any decision to continue, pause, or end counselling; and

(e) any costs, fees, or other obligations arising from the Minor's use of the Platform, unless the Session is provided free of charge as a sponsored or volunteer Session.

2.2 This responsibility continues for as long as the Minor is registered on, or using services through, the Platform, and is not transferred to, or shared with, the Foundation or any Practitioner by virtue of the Minor's registration or participation in a Session.

2.3 Nothing in this Part B relieves a Practitioner of any independent, legally mandated obligation they may have (for example, under the Children's Act) to report suspected abuse, neglect, or harm to a Minor to the appropriate authorities, regardless of the Parent/Guardian's wishes.

3. Anonymity

3.1 A Consumer, or a Parent/Guardian registering on behalf of a Minor, may choose to use a pseudonym, alias, or other non-identifying display name in their interactions on the Platform and with a Practitioner ("Anonymous Use").

3.2 Anonymous Use relates to the person's public-facing identity on the Platform only. The Foundation will still require and retain accurate underlying identity, age, contact, and (where applicable) guardianship information, for purposes of safety, account administration, billing (if applicable), regulatory compliance, and the reporting obligations referred to in clause 2.3. Anonymous Use does not exempt any person from the warranties in clause 1.

3.3 The Foundation will take reasonable steps, in line with its Privacy Policy and POPIA, to keep such underlying identity information confidential and to disclose it only where necessary for the purposes described in clause 3.2, where required by law, or with the person's consent.

4. Nature of Counselling Services

4.1 The Consumer/Parent-Guardian acknowledges that counselling is provided by independent Practitioners exercising their own professional judgment, and that the Foundation does not guarantee any particular outcome, diagnosis, or result from any Session.

4.2 The Platform and its Sessions are not intended for use in a medical or psychiatric emergency, or where there is an immediate risk to life or safety. In such an emergency, the Consumer/Parent-Guardian must contact emergency services, a crisis helpline, or the nearest hospital or clinic immediately, and not rely on the Platform.

4.3 The Consumer/Parent-Guardian consents to the collection, use, and storage of relevant personal and, where applicable, health information as reasonably necessary to arrange and provide Sessions, in accordance with the Foundation's Privacy Policy and POPIA.

Part C — Terms for Donors

This Part C applies to any person or entity who makes a donation to the Foundation through the Platform ("Donor"). It must be read together with Parts A and E.

1. Nature of a Donation

1.1 A Donor's payment to the Foundation through the Platform is a voluntary donation made in support of the Foundation's charitable objectives, and not a payment for goods or services rendered to the Donor personally.

1.2 At the point of donating, the Donor may choose either:

(a) to enter a specific monetary amount that they wish to donate; or

(b) to select the specific cause as listed on the website the donation is to or ought to be directed towards.

1.4 Donations are, save where required otherwise by law, non-refundable once processed, given their nature as a voluntary contribution to the Foundation's charitable work.

1.5 Unless the donor indicates the specific cause the donation must be directed towards, the donation shall be directed to any such cause the Foundation so chooses.

2. Tax Certificate

2.1 Provided the Foundation holds current approval as a Public Benefit Organisation with Section 18A status from the South African Revenue Service ("SARS") at the relevant time, the Foundation will issue the Donor with a Section 18A tax certificate in respect of a qualifying donation, upon receipt and clearance of the Donor's payment.

2.2 The certificate will be issued to the name and contact details (including email address) provided by the Donor at the time of donation, and it remains the Donor's responsibility to provide accurate details for this purpose.

2.3 The Foundation does not provide tax advice. The Donor should consult their own tax advisor regarding the deductibility of any donation and the use of the certificate.

3. Anonymity or Recognition

3.1 A Donor may choose, at the time of donating, whether to:

(a) be publicly acknowledged by name (or organisation name) on the Platform and in any donor recognition the Foundation may publish; or

(b) remain anonymous, in which case the Foundation will not disclose the Donor's identity publicly.

3.2 Regardless of the Donor's choice under clause 3.1, the Foundation will retain the Donor's identity and payment information internally, as required for accounting, tax, audit, and legal compliance purposes, and as necessary to issue the certificate referred to in clause 2. Anonymity under this clause relates to public disclosure only.

4. General

4.1 The Foundation will process the Donor's personal information in accordance with its Privacy Policy and POPIA.

4.2 The Foundation reserves the right to decline or return a donation, at its discretion, including where it has reason to believe the funds are not lawfully sourced.

Part D — Terms for Practitioners

This Part D applies to any Practitioner who registers to offer counselling or related services through the Platform. It must be read together with Parts A and E.

1. Voluntary Registration

1.1 Registration as a Practitioner on the Platform is entirely voluntary. By registering, the Practitioner acknowledges and accepts these Terms as the basis on which they will make their services available through the Platform.

1.2 The Practitioner acknowledges that, depending on the arrangement communicated to them by the Foundation for a given Session or period, they will either:

(a) provide their services on a volunteer, unpaid basis; or

(b) be paid by the Foundation for Sessions conducted, at the rate(s) and on the payment, terms set out in a separate fee schedule and/or agreement provided by the Foundation to the Practitioner from time to time.

1.3 The Practitioner will be informed, before accepting a given Session or engagement, whether it is on a volunteer or paid basis, and if paid, at what rate.

2. No Additional Fees

2.1 The Practitioner may not request, invoice for, solicit, or accept from a Consumer, Minor, Parent/Guardian, or any other user of the Platform, any fee, payment, gift, or other benefit over and above what the Foundation pays the Practitioner (if anything) for the relevant Session, whether directly, indirectly, in cash, in kind, or by directing the person to a private arrangement outside the Platform.

2.2 A breach of clause 2.1 is a material breach of these Terms and entitles the Foundation to immediately suspend or terminate the Practitioner's registration, in addition to any other legal remedy available to the Foundation or the affected user.

3. Professional Registration and Vetting

3.1 The Practitioner warrants that they hold a current, valid, and unrestricted registration with the HPCSA or such other relevant statutory or professional regulatory body as applies to their profession and category of practice, and that they will maintain that registration in good standing for as long as they remain registered on the Platform.

3.2 The Practitioner authorises the Foundation to verify their registration status, qualifications, and any other information provided, directly with the HPCSA or other relevant statutory body, and to periodically re-verify this information for so long as the Practitioner remains active on the Platform.

3.3 The Practitioner warrants that all information, documents, and representations provided to the Foundation for the purposes of registration and vetting are true, accurate, complete, and not misleading, and undertakes to notify the Foundation immediately in writing of any change to their registration status (including any suspension, sanction, complaint, or investigation by the HPCSA or other relevant statutory body).

3.4 If the Foundation determines, at any time, that a Practitioner provided false or misleading information, or omitted material information, in connection with their registration or vetting, the Foundation may:

(a) immediately suspend or terminate the Practitioner's access to the Platform;

(b) permanently bar the Practitioner from registering on the Platform in future, whether under the same identity or details, or under any new, alternative, or amended identity or details; and

(c) retain a record of the Practitioner's identifying information for the purpose of enforcing paragraph (b), and, where the Foundation considers it appropriate or is legally required to do so, report the matter to the HPCSA, the relevant statutory body, or any other appropriate authority.

3.5 The rights in clause 3.4 are in addition to, and do not limit, any other right or remedy available to the Foundation.

4. Professional and Ethical Conduct

4.1 The Practitioner will at all times comply with the code of ethics, scope of practice, and other professional obligations applicable to them under the rules of the HPCSA or other relevant statutory body, and with all applicable law, including in relation to record-keeping, confidentiality, and the mandatory reporting of harm to a Minor or other vulnerable person.

4.2 The Practitioner is responsible for maintaining their own professional indemnity insurance (where applicable to their profession) at a level appropriate to their practice, and for their own professional conduct, advice, and treatment decisions given to Consumers and Minors.

4.3 The relationship between the Foundation and the Practitioner is not one of employment (save where the Foundation expressly agrees otherwise in writing), and nothing in these Terms creates a partnership, agency, or joint venture between the Foundation and the Practitioner, except to the limited extent necessary to give effect to bookings made through the Platform.

4.4 The Practitioner will treat all information relating to Consumers and Minors as confidential and will process personal information in accordance with POPIA and the Foundation's Privacy Policy.

5. Indemnity by Practitioner

5.1 The Practitioner indemnifies and holds the Foundation harmless against any claim, loss, damage, fine, or expense arising from: (a) the Practitioner's breach of these Terms; (b) the Practitioner's professional conduct, advice, or treatment; or (c) any false or misleading information provided by the Practitioner under clause 3.

Part E — General Risk, Liability, Indemnity and Legal Terms

This Part E applies to every person who registers on or uses the Platform, in addition to whichever of Parts B, C and D is applicable to them.

1. No Misrepresentation Relied Upon

1.1 Each person acknowledges that they have not relied on any representation, warranty, or statement made by or on behalf of the Foundation, other than what is expressly recorded in these Terms and in the Foundation's published materials on the Platform, in deciding to register or to use the Platform.

1.2 Nothing on the Platform constitutes a guarantee by the Foundation of: (a) the outcome of any counselling relationship; (b) the ongoing availability of any specific Practitioner; (c) the suitability of a particular Practitioner for a particular Consumer or Minor; or (d) uninterrupted or error-free operation of the Platform.

2. Vetting is Not a Guarantee

2.1 While the Foundation takes reasonable steps to vet Practitioners, including verifying professional registration as described in Part D, such vetting is not, and must not be understood as, a warranty or guarantee by the Foundation as to the ongoing competence, conduct, or fitness to practise of any Practitioner. Professional responsibility for the counselling relationship rests with the Practitioner.

3. Limitation of Liability

3.1 To the maximum extent permitted by law, the Foundation, its directors, employees, staff and volunteers shall not be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind (including without limitation loss of income, emotional distress, or personal injury) arising out of or in connection with: (a) a Consumer's or Minor's use of, or inability to use, the Platform; (b) the conduct, advice, treatment, acts, or omissions of any Practitioner; (c) reliance by any person on information published on the Platform; or (d) any donation made or certificate issued under Part C.

3.2 Nothing in this Part E is intended to exclude or limit any liability which may not lawfully be excluded or limited under South African law, including, where applicable, under the Consumer Protection Act 68 of 2008.

4. Indemnity

4.1 Each person using the Platform indemnifies and holds harmless the Foundation, its directors, employees, staff and volunteers against any claim, demand, loss, or damage brought by any third party arising from, or alleged to arise from, that person's breach of these Terms, the accuracy of information they have provided (including as to age, guardianship, or professional registration), or their use of the Platform, save to the extent such claim arises from the Foundation's own gross negligence or wilful misconduct.

4.2 Without limiting clause 4.1, this indemnity specifically extends to any claim alleging that the Foundation misled, or wrongly permitted, a person to make use of counselling services, to donate, or to register as a Practitioner, where that claim arises from false, inaccurate, or misleading information provided by a user, Parent/Guardian, Donor, or Practitioner.

4.3 Nature of the Platform. Each person acknowledges and agrees that the Platform is solely a facilitation tool that enables a Consumer, or a Minor through their Parent/Guardian, to find and connect with independent Practitioners who are located near them or whom they have chosen themselves. The Foundation does not itself provide counselling, therapeutic, medical, psychological, or other advice of any kind, and does not render any such service to any person.

4.4 No liability for Practitioner conduct. Without limiting clause 3 above, each person indemnifies and holds harmless the Foundation, its directors, employees, staff and volunteers against any loss, damage, claim, or liability suffered by, or caused to, that person or any third party as a result of their use of the Platform, including arising from any advice, conduct, treatment, act, or omission of a Practitioner, on the basis that the Foundation does not provide counselling services itself and acts only as a facilitator connecting Consumers and Minors with Practitioners.

4.5 No payment to Practitioners. No fee, charge, or other payment is payable to a Practitioner, whether by a Consumer, a Parent/Guardian, or the Foundation, in connection with the use of the Platform or the rendering of counselling services through it.

4.6 Reporting unauthorised payment requests. If any person is asked or required, by a Practitioner or by any other person, to make any payment in connection with services offered or received through the Platform, that person must immediately report the request to the Foundation, together with full details of the request (including the identity of the person who made it and the amount and nature of the payment requested), so that the Foundation may investigate and take appropriate action.

5. Privacy and POPIA

5.1 The Foundation processes personal information collected through the Platform in accordance with its Privacy Policy and POPIA. By accepting these Terms, each person also acknowledges the Foundation's Privacy Policy, available at [insert link].

5.2 Purpose of processing. The Foundation collects and processes personal information for purposes including: registering and administering a person's use of the Platform; verifying identity, age, and (where relevant) parental/guardianship authority or professional registration; facilitating and recording Sessions; processing donations and issuing tax certificates; ensuring the safety of Consumers and Minors; complying with the Foundation's legal, regulatory, and reporting obligations; and improving the Platform.

5.3 Lawful basis and consent. Personal information is processed on one or more lawful grounds recognised under POPIA, including the person's consent, the necessity of processing to provide the services requested, compliance with a legal obligation, and the Foundation's legitimate interests, which will not unreasonably prejudice the interests of the person concerned.

5.4 Sharing of information. The Foundation may share personal information with Practitioners, to the extent necessary to facilitate a Session, with its service providers and operators (such as payment processors, hosting, and communication providers) under agreements requiring them to maintain the confidentiality and security of that information, and with any regulator, authority, or other party where required or permitted by law, including for the purpose of reporting suspected harm to a Minor.

5.5 Security safeguards. The Foundation will take reasonable, appropriate technical and organisational measures to protect personal information against loss, unauthorised access, interference, or disclosure, in accordance with POPIA.

5.6 Retention. Personal information will be retained only for as long as necessary to fulfil the purposes for which it was collected, or as otherwise required by applicable law.

5.7 Data subject rights. Subject to applicable law, each person has the right to request access to, correction of, or deletion of their personal information held by the Foundation, to object to its processing, and to withdraw any consent given, by contacting the Foundation using the details in clause 10.

5.8 Complaints. A person who believes that their personal information has been processed in breach of POPIA may lodge a complaint with the Foundation in the first instance, or with the Information Regulator of South Africa.

5.9 Information Officer. The Foundation's Information Officer may be contacted at [insert Information Officer name and contact details] for any queries relating to the processing of personal information.

6. Suspension and Termination

6.1 The Foundation may suspend or terminate any person's access to the Platform, at its reasonable discretion, where it believes that person has breached these Terms, provided false information, or engaged in conduct that places any user, Minor, or the Foundation's reputation at risk.

7. Governing Law and Jurisdiction

7.1 These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms will be subject to the non-exclusive jurisdiction of the South African courts, without prejudice to any right to refer a dispute to mediation or arbitration by agreement.

8. Severability

8.1 If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

9. Changes to these Terms

9.1 The Foundation may amend these Terms from time to time by publishing an updated version on the Platform. Material changes will, where reasonably practicable, be flagged to users on their next login, and continued use of the Platform following such notice constitutes acceptance of the amended Terms.

10. Contact

10.1 Questions about these Terms may be directed to the Foundation at [insert contact email / address].

Acceptance of Terms and Conditions

To be completed electronically at registration.

I confirm that I have read and understood Part A and Part E of these Terms, together with each of the following Parts that applies to me, based on the role(s) I have selected below:

Full name / Electronic signature

Date