Terms and Conditions

Sah Vah Terms and Conditions

Chapter 1. General Rules

Article 1 – [Purpose]

The Terms and Conditions aim to prescribe the rights and duties, responsibilities, and other necessary matters related to and between the Company and the users (hereinafter, the “Members”) of the services (hereinafter, the “Services”) provided in “Sah Vah app” and “Sah Vah”, which is a social voice matching and mental health application provided by RTECHO LAB PTY LTD (hereinafter, the “Company”).

Article 2 [Definitions]

The terms used in the Terms and Services are defined as follows.
- Service: The term means “Sah Vah” and all services related to “Sah Vah” that are provided by the Company through applications including portable devices and telecommunication facilities, etc., and made available for Members to use.
- Members: The term means individuals who have entered into the service use agreement with the Company and use services provided by the Company.
- ID: The term means a combination of characters and numbers selected by a Member and given by the Company and to identify the Member and use the services.
- Password: The term means a combination of characters or numbers that a Member sets on his or her own and registered with the Company for the personal information and identification of the Member.
- Content: The term means all information or materials posted by Members in using the services, including information consisting of characters, documents, images, voices, links, files, or combinations thereof.
- Item: The term means intangible products used for the usage of the services that are purchased by Members who pay the amount thereof.
- Membership: The term means the right to use that includes the right to use Membership services.
The meaning of terms undefined under Paragraph (1) in the Terms and Conditions shall be subject to individual operation policies related to the services and common commercial practices.

Article 3 [Publication, Effectiveness, and Amendment of Terms and Conditions]

The Company announces the Terms and Conditions by publicizing thereof on the initial screen or link screen of the service app or other methods. The Terms and Conditions shall take effect when a person who intends to use the services subscribes as a Member by agreeing to the Terms and Conditions.
The Company may amend the Terms and Conditions to the extent that such an amendment does not violate applicable laws in Australia and any jurisdiction in the application is listed.
The Terms and Conditions may be amended, in which case the Company announces the fact of amendment of the Terms and Conditions and content of the amendment on the app screen seven (7) days before the date on which the amended Terms and Conditions apply (hereinafter, the “Effective Date”). Provided, however, that in the case of an amendment that has a material effect on the rights and duties of Members, the announcement shall be made thirty (30) days before the date of the application.
When a Member does not agree with the Terms and Conditions above, the Member may express the intent on the suspension of service use and withdrawal page provided by the Company and request the termination of service use. Provided, however, that when the Company notifies Members of the content of the amended Terms and Conditions, and Members do not express objection within thirty (30) days from the date of the above notification, it shall be deemed that Members have agreed to the amended Terms and Conditions.

Article 4 [Interpretation and Exceptions]

The Company may prescribe necessary matters for the application of the Terms and Conditions on its policy and may have separate terms and conditions for individual services. Provided, however, when the above content conflicts with the Terms and Conditions, the terms and conditions of the individual services shall prevail.
The Company shall publish the content of its policy within its services for the knowledge of Members and shall follow the procedure under Article 3(3) in the case of amendment thereof.

Article 5 [Duty to Confirm and Comply with the Terms and Conditions of the App Store]

Members shall confirm the terms and conditions and privacy policy of the app stores (Apple App Store, Google Play store, etc.) from which Members download the service app that apply to Members in using the service app and shall comply with related obligations.

Chapter 2. Use and Termination of Services

Article 6 [Execution of Use Agreement]

Article 7 [Provision, Change, and Suspension of Services]

A Use Agreement is executed when Members agree to the Terms and Conditions for the Service on the Membership subscription page provided in the services and make applications for the use, and the Company accepts the content of the application.
In principle, the Company accepts the service use in response to the application made by an applicant for the subscription. Provided, however, that the Company may deny the application or terminate the Use Agreement afterwards in the case of an application that falls under one of the following Subparagraphs.
- When it is determined that the Member is inappropriate in light of the Company policy or it is difficult to provide services;
- When the application is based on the use of a third party or is a duplicate subscription;
- When false information is entered, or information required by the Company is not entered;
- When the person intends to use the services for wrongful purposes;
- When the person uses a picture that shows the face unclearly or uses a picture and ID that may cause displeasure to other Members; or
- When the person fails to comply with the internal policy of the Company such as the Terms and Conditions and operation policy or violates applicable laws.
The Company may change, including adding or deleting, membership information and other items of information requested to Members under the provisions of applicable laws and the Privacy policy of the Company and may have a procedure for identity authentication of Members through emails or cell phones to person identity authentication.
Members shall correct and write any change in the personal information that was provided at the time of membership subscription immediately upon such a change thereof. The Company shall have no liability or responsibility for any damages incurred to Members arising from a delay in making such a change.
The Company may subdivide and differentiate in usage in terms of usage time, usage frequency, and service menus by dividing membership levels according to the policy of the Company.

The Company provides Members with the services below.
- Social matching and call connection service;
- Service of the right to use Membership; and
- Other services that the Company develops additionally or provides to Members based on a cooperation agreement with other companies.
The company does not grant Members any right to use the trademarks of the Company or services or other rights to use identifiable properties of the Brand.
The term of the Services under the Terms and Conditions shall be from the date of application to use the Services and until the termination of the Use Agreement.
The Company provides the services 24 hours, seven days a week unless there is a special business or technical circumstance.
The Company may temporarily suspend the provision of the services when there is a significant reason in terms of operations such as computer failure or natural disaster. In this case, the Company shall notify Members based on the methods such as bulletin boards and e-mails. Provided, however, that the Company may notify afterwards when there is an unavoidable reason that the Company is unable to notify in advance.
The services may be changed or suspended from time to time if necessary, such as the format, function, and design, etc., according to updates without prior notice. Provided, however, when damages may occur to Members, the changes of the content of the services shall be notified through a notice on the app page of the Company or via e-mail seven (7) days before the change thereof (thirty (30) days before in the case of material change).

Article 8 [Duties of the Company]

The Company shall make the best efforts to provide continuous and stable services.
When there is an opinion or complaint by Members who use the services based on reasonable reasons, the Company makes efforts to handle thereof and may deliver the handling process or the results thereof to relevant Members through methods such as e-mails or bulletin boards when a provision of information is necessary.
The Company shall adhere to laws and regulations related to the operation and maintenance of the services.

Article 9 [Duties of Members]

Members shall not engage in any of the acts falling under each of the subparagraphs below.
- In the case of any infringement of intellectual property rights or other rights of a third party;
- In the case of voice conversations that engage in obscenity, slander, abusive language, defamation, unauthorized disclosure of personal information, or the equivalent thereof, or linking related websites thereof;
- In the case of distributing malicious code or data that causes malfunction of information and communication facilities or destruction of data, etc.; or
- In case of committing any of the acts under each of the subparagraphs of Article 6(2).
As a service provider, the Company may take technical measures, etc. for the services to block or manage unauthorized or illegal access and use of the services.

Article 10 [Restriction on Service Use]

Members shall promptly notify the Company when they are engaged in or found an act that is prohibited in the Terms and Conditions and the policy in the process of using the services. When any monetary or psychological damages are incurred because Members were negligent in fulfilling the duty to notify above, the Company shall not be liable.
The Company may take measures as follows depending on the seriousness of a violation committed by Members who violate the Terms and Conditions, the policy, applicable laws, and other common commercial principles.
- Warnings may be granted up to two (2) times with measures such as hiding, and the account may be temporarily suspended or permanently suspended immediately depending on the seriousness of the case.
- Temporary suspension may be granted from 24 hours to 3 days, and the account may be permanently suspended immediately depending on the seriousness of the case.
- Temporary suspension refers to a suspension of the use of service functions.
- When the account is permanently suspended, it is not possible to re-subscribe to the services. In addition, depending on the seriousness of the case, the Company may request a judicial or investigative authority to review related data or hand over the data.
- If your account is sanctioned, temporarily suspended, or permanently suspended for violating the Terms and Conditions, or the policy, the Company will not refund any purchased items you have already used or possess.
When the Company takes the measures prescribed in each of the subparagraphs of Paragraph (5), the Company shall notify the Member in advance through the service in-app message. When there is an unavoidable circumstance such as loss of contact with the Member or urgent need, the Company may take measures first and notify the Member afterwards.
A Member may file an objection to the Company within seven (7) days from the date of receipt of the notice under the preceding Paragraph when there is a reason for objecting against the measure taken by the Company. When the objection is justified, the Company shall lift the measure taken against the Member without delay.

Article 11 [Termination of the Use Agreement]

Members may cancel the Use Agreement at any time by entering the “Settings” page in the service application and notifying the Company of the intention to withdraw from Membership through “Delete Account.”
When Members wish to reuse after terminating the Use Agreement voluntarily without an attributable cause, Members may reuse the service only after 30 days have elapsed from the prior termination of the Use Agreement.
The Company may cancel the Use Agreement when any of the following reasons occurs or is confirmed.
- When any of the reasons under each subparagraph of Article 6(2) has occurred to the Member or is confirmed post facto.; or
- When any of the reasons under each subparagraph of Article 9(1) or a similar reason has occurred to the Member.
When the Company terminates the Use Agreement under Paragraph (3), it notifies the Member of the intent to terminate through a pop-up in the service application. The Use Agreement shall be terminated upon the notification of intent to terminate by the Company to the Member.
When the Use Agreement is terminated under Paragraph (3), the Company may disapprove the application to reuse by the Member.

Chapter 3. Use and Refund of Paid Service

Article 12 [Posting Content of Paid Services]

The Company provides its services free of charge basically. However, the Company may provide some services as paid services.
The Company indicates the content, methods of usage, usage fees, and other terms of use of paid services on the initial screen or help page of the pertinent paid services by prescribing thereof on its operation policy.

Article 13 [Purchase and Use of Membership and Items]

Members may purchase a membership and items through the payment methods provided by the Company, such as payment through an app store, and use according to the operations policy. Provided, however, that the purchased objects shall expire after five (5) years from the purchase date of the Member when no use period is specified.
When Members purchase a membership and items through an app store (Apple App Store, Google Play Store, etc.), Members shall pay all charges, including taxes and fees, according to the policy of the app operators, such as specific terms and conditions of payment processing service, and shall fulfil the procedures and obligations presented by the app operators.
When Members use payment methods operated by a separate business operator other than the Company, such as payment through an app store, Members shall assure that the policy of the pertinent operator has been confirmed, and the Company shall have no liability whatsoever for any damages incurred to Members for not confirming thereof.
When an underaged person of 18 years of age or younger purchases a membership or items, the consent of his or her legal representative shall be obtained. Provided, however, that this shall not apply when there was deception (falsehood) by the underaged person and to the properties of which disposal is allowed by the legal representative.
When a membership is unsubscribed after the purchase of the Membership, the right to use the Membership is automatically extinguished. The Company does not provide any compensation to the unsubscribed Member for the right to use Membership. In addition, the extinguished right to use Membership will not be recovered in the event of re-joining after the unsubscription.

Article 14 [Withdrawal of Application]

When a Member enters into a contract on the use of paid services provided by the Company, the Member may withdraw the application thereof within seven (7) days from the purchase date or the date when the paid services are available for use. Withdrawal of application or refund of a membership or items that are received free of charge without payment of cash shall not be allowed. Provided, however, that when digital content is downloaded or opened through a real-time streaming service, the provided content shall be deemed to have already been used and therefore cannot be refunded.
Notwithstanding Paragraph (1), in the cases where withdrawal of application is restricted such as the case of a membership, provided based on the integration of services, etc. as prescribed under the Act on the Consumer Protection in Electronic Commerce, Etc., the right to withdraw the application shall not be exercised.
Notwithstanding Paragraph (1), in cases where the content of the services is fulfilled differently from the content of the Agreement, the Member may withdraw the application within three (3) months from the date of receipt of the provided services, or thirty (30) days from the date when the Member knew or could have known the fact.
The Company may set rules on cancellation and refund under a separate Terms and Conditions and terms of use depending on the nature of individual services. In this case, the rules on cancellation and refund on the individual Terms and Conditions and terms of use shall prevail.

Chapter 4. Intellectual Property and Personal Information

Article 15 [Rights and Liabilities on Posted Materials]

All rights including the intellectual property rights on services provided by the Company to the Members shall belong to the Company.
Copyrights of posted materials and tags, etc. (hereinafter, “Posts, etc.”) that are written by a Member in the process using the services belong to each Member unless there is an expression of intention otherwise.
Members approve the Company to use content, etc. posted by him or her for purposes under each of the following subparagraphs within the services as well as in Australia and overseas.
- Exposing, hiding, or deleting content, etc. from other Members under the Service Terms and Conditions and the policy.
- Reproducing, transferring, or displaying content, etc. in the services (including when the services are provided on a website operated by a third party or being present in a certain area of a media) and modifying by methods such as changing the size without changing the content, etc. or simplifying thereof, etc.
- Changing and moving the posted location of content etc. under the policy of the services or for reasons such as integration of services operated by the Company.
- Reproducing, transferring, or displaying content, etc. in other services operated by the Company. Provided, however, that this shall not apply when the Member explicitly did not consent to the reproduction, transmission, or display thereof.
- Allowing media or communications company to report or air all or part of Posts, etc. for the purpose of promoting the services of the Company. In this case, the Company shall not provide personal information to the Members to the media or communications company without the individual consent of the Members.
The Company shall obtain the consent of a Member whose content, etc. the Company intends to use for methods other than the methods under preceding subparagraphs.
An act of a Member posting content, etc. on the service shall be deemed to be an approval for other Members to use the content, etc. in the services or for the Company to use thereof as search results.
When a Member unsubscribes from the membership, content, etc. created by the Member are not deleted.

Article 16 [Management and Temporary Measures of Posted Materials]

In principle, the authority related to management, operation, improvement, and support of all posted materials and content in the Services shall belong to the Company. Provided, however, that a Member may manage his or her posted materials directly by using management functions such as deleting and hiding the content, etc. are provided, if any.
When it is necessary to hide the content, etc. of a Member within the services because member content, etc. includes content that violates the Terms and Conditions, policies, or applicable laws, the Company may take measures such as suspension of a content, hiding, and deletion of the content, etc. directly or according to a request by a holder of legal rights.
Deletion of content, etc., or request for the posting of refutation, and procedures related to temporary measures are taken according to the laws of Australia and overseas jurisdiction where the platform is in operation.

Article 17 [Protection of Personal Information]

Applicable laws and the Privacy Policy of the Company shall apply to the protection and use of personal information. However, the Privacy Policy of the Company does not apply to linked websites other than the official app of the Company.
When the services are suspended or a Member withdraws the consent for the provision of personal information, the Company shall destroy the personal information of the Member without delay. However, certain information may be kept according to the provisions of applicable laws, such as the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act), Etc.

Article 18 [Member ID and Password]

In principle, the Company supports only one account for each Member to provide services.
Only a Member himself or herself can use his or her account, and Members shall not allow others to use the accounts in any circumstances. When multiple accounts subscribed by using cell phone numbers of multiple people using a picture of the same person, it shall be deemed that the same person has made multiple accounts. In this case, the Company may suspend all accounts except one account randomly.

Article 19 [Provision of Information and Publication of Advertisement]

The Company may provide a variety of information whose necessity is acknowledged for the use of the services by Members as notifications such as pop-ups within the services as designated by and agreed upon between Members and the Company in advance.
The company may utilize member information and transmit advertisement pop-ups for profit to operate the services.
In case of notification for all Members, the Company may substitute the notification under the preceding Paragraph by posting the notification on the app screen of the Company for more than seven (7) days. Provided, however, that matters that have a material influence in relation to the transaction of a Member shall be individually notified by the method under Paragraph (2).
In the case that falls under any of the following subparagraphs, the Company may send as a text message or app push regardless of the existence of consent of Members.
- When sending an authentication e-mail or text message to confirm the ownership of a cell phone number entered into the application for use
- When sending an authentication e-mail or text message to confirm a change in member information
- When the Company determines that it is material information that Members must know in providing the services
Notwithstanding Paragraphs 1 to 4, the Company may directly contact a Member to the cell phone number entered upon the subscription when the Member makes an inquiry that is difficult to respond to on the online channel by the Company, such as damages due to fraud or unpleasant experience during the service use.

Chapter 5. Miscellaneous

Article 20 [Limitation on Liability]

The Company shall not be held liable for any obstacles in the use of the services arising from a cause attributable to Members, such as failure to comply with the Terms and Conditions, policies, and other service use methods, or negligence in managing passwords, etc.
The Company does not guarantee the trustworthiness and accuracy, etc. of information, materials, and facts posted through the services.
The Company shall not be held liable for any transaction that is executed through the services between the Members or between the Members and a third party unless the Company is liable under an intentional act or gross negligence.
The Company shall not be held liable in relation to the use of the services provided free of charge unless the Company is liable under an intentional act or gross negligence, or there is a special provision under applicable laws.
The Company shall be exempt from liabilities when the services cannot be provided due to natural disasters, war, service suspension of key communication service providers, technical defects that are difficult to resolve, or other force majeure.
The Company shall not be held liable for suspension of the services or failure due to unavoidable reasons such as maintenance, replacement, and periodic inspection of service facilities notified in advance unless the Company is liable under an intentional act or gross negligence.

Article 21 [Compensation for Damages]

When a third party raises an objection to the Company, affiliates of the Company, and employees and officers of the Company, etc. such as commencing litigations because a Member violates the internal rules of the Company such as the Terms and Conditions, the policies, etc., separate terms and conditions, and applicable laws, etc., the Member shall compensate the Company for related damages including expenses incurred thereof (attorney fees, etc.).

Article 22 [Governing Law and Jurisdiction]

The governing law for litigations arising between the Company and Members shall be the laws of Australia.
The court of the first instance with exclusive jurisdiction for litigations regarding disputes arising between the Company and Members shall be the Magistrates’ Court of Victoria.

Sah Vah Community Guidelines

Sah Vah is where you’re free to express yourself and find common ground through conversation! Let’s work together to keep Sah Vah safe and enjoyable for everyone. Remember to be respectful to others and avoid trolling, bullying, or intrusive questioning. If you see any behaviour that goes against our guidelines, please report it anytime. And don’t forget to check out our safety tips!

To ensure a positive experience for all, please avoid the following:

No Sexual Content: Keep conversations clean and respectful. Avoid any language or topics of a sexual nature, including suggestive comments or requests.
No Harassment or Hate Speech:Discrimination, defamation, or harassment of any kind is not allowed. Let’s create an inclusive environment by respecting everyone’s differences.
No Violence or Cruelty:Content promoting violence, self-harm, or any form of cruelty is prohibited. Let’s keep things friendly and positive.
No Illegal Activities:Sah Vah should not be used for any illegal purposes. What’s illegal in real life is also against our rules here.
Protect Personal Information: Don’t share personal details like ID numbers, passwords, or contact information. Let’s keep everyone’s privacy intact.
No Digital Sex Crimes:Any actions violating others’ rights or autonomy in cyberspace are strictly prohibited. This includes unauthorized recording or sharing of personal information.
No Unethical Activities:Engaging in illegal or unethical behaviour, including promoting products or services, is not allowed.

Violating these guidelines may result in sanctions, including Account Suspension or Deletion. Let’s keep Sah Vah a place for healthy conversations and positive interactions!

[Addendum]

The Terms and Conditions shall apply from February 01, 2024. Enacted on April 01, 2024. Implemented on April 25, 2024.