Article 1: Definitions

 

In these General Terms and Conditions, terms or phrases commencing with an initial capital letter, regardless of whether they are used in singular or plural form shall be defined as follows:

 

1.1 "Domestic Helper" : refers to candidates looking for domestic work registered with our admin and kept on the Helloyaya.com website for candidate profile content. Also referred to as “candidates” or “users”.

 

1.2 "Employer" : refers to a user, a natural person, wishing to hire the services of a Domestic Helper via the platform.

 

1.3  "User" : refers to a Domestic Helper or Employer using the Helloyaya.com platform.

 

1.4 “Company” : refers to Darmax Global, the company that has officially published HelloYaya.com
 

1.5 “Services” : refer to the hiring process related services provided by Darmax Global through the HelloYaya.com website, mobile application as well as any other digital or personal assistance form collectively referred to as “platform”.

1.6. "Platform" : refers to the framework and system put in place by Helloyaya, which can be accessed online at the following address: https://www.helloyaya.com.

1.7 "Content" : refers to all profiles, ads, offers, literature, messages, or information of any nature whatsoever (text, images, videos, photographs, comments, marks, company names, etc.) uploaded by a user.

1.8 "Verification" : refers to a free option indicating whether a Domestic Helper has undergone a process that verifies their candidate profile on the platform.

 

1.9 "Support and assistance" : refers to all of the services offered by the company’s professional assistance related to hiring domestic helpers.
 

1.10 "Subscription": a paid plan giving the Employer access to the paid services offered by Helloyaya for a limited period, which is renewable for a period equivalent to the initially chosen period.

 

Article 2: Intellectual property

 

2.1. Shared content by Helloyaya

 

The Platform’s components, including drawings, images, text, logos and other elements are the exclusive property of HelloYaya. In general, the User is granted a personal non-exclusive and non-transferable right to access and utilize the Platform. Any other rights are explicitly excluded unless HelloYaya’s prior written consent is obtained.

 

The trademarks of HelloYaya and Darmax Global, as well as the domain name helloyaya.com, are protected and owned by HelloYaya. Unauthorized use of these trademarks and domain names is strictly prohibited without obtaining Helloyaya’s prior written consent.

 

2.2. Content shared by the User

 

HelloYaya has a license to use the intellectual property rights of the content provided by Users for distribution on the Platform. Users authorize HelloYaya to modify the contingent to comply with style requirements and technical specifications.

 

Users grant an international and non-exclusive license for the use of the provided information and data. Users are solely responsible for the content.

 

HelloYaya reserves the right to remove any illegal, morally objectionable, or copyright infringing content.

To restrict or prohibit the use of posted information, Users can notify HelloYaya via email (paung@darmaxglobal.com) or by mail to 24/F, China Hong Kong Tower, 8-12 Hennessy Road, Admiralty, Hong Kong. 

 

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Article 3: Accessing and using the Platform

 

3.1. Accessing the Platform

 

To use the services, employers must sign up on the Platform by providing the required information accurately and keeping it up to date.
 

3.2 User's obligation

Users must provide a valid email address for registration confirmation and a telephone number for contact purposes. They agree to use the Platform personally and keep their account credentials confidential.

3.3 HelloYaya’s Right to Accept or Refuse Registration

HelloYaya reserves the right to accept or refuse any registration that doesn’t comply with the General Terms and Conditions.

 

3.4 Provisions for Domestic Helpers

 

Upon applying and registering via whatsapp and online forms, Domestic Helpers agree to have their profiles advertised to increase their chances of finding employment via marketing outlets or other websites (example: Social media) and may publish candidate profile content as advertisement of the platform and profile owner will be informed. Information like complete names, age, locations will be kept discreet.

If Domestic Helpers assert possession of specific qualifications, they are required to submit electronic copies of the corresponding documents. HelloYaya will then verify that the qualifications have been issued under the name provided by the Domestic Helper during the registration process. The same process is required for identification.

However, interested employers will be redirected back to the platform to contact helpers.

3.5 Provisions for Employers

Upon subscription or signing up at the platform, employers agree to forward their job opening to other related websites or marketing outlets related to advertising the platform or hiring for completing their hiring process. All identifying elements like names, locations will not be disclosed.

However, any interested individuals in the job opening will be redirected back to the Platform to connect with Employers.

 

Article 4: Conditions for accessing the Service

 

4.1 Access and registration

Access to and signing up on the platform are provided free of charge. However, certain services offered via subscriptions on the Platform are subjected to fees for employers, depending on the specific length of time the services can be provided. 

 

4.2 Messaging helpers

Contacting helpers who have available profiles on our platform can be accessed via a Whatsapp redirection available through the platform as long as the employer contacts via Whatsapp.

4.3 Viewing Domestic Helper Profiles

While accessing profiles are free, only a limited number can be accessed if the user has not signed up for the platform. However, if the user has signed up, they can view all profiles available. 

4.4 Subscription Services

In addition to registration, Employers have the option to subscribe to our services. This is available in weekly, monthly or bi-monthly packages. The following benefits can be availed for subscribers:
 

• Unlimited message access, they may contact as many helpers as they want to interview to help them make the best hiring decisions for themselves. 

• They may also save these contacts for future reference.

• They may also contact the company for any personal assistance required. 

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4.5 Pricing, Payment and Refunds

The price of the subscription packages are available on the website and all platforms on the dedicated area. Employers are required to provide their credit card information, including card number, expiry date and 3-digit security code. Security is ensured by Stripe. All payments for premium subscriptions are final and HelloYaya does not provide partial or total refunds for the subscriptions.

 

 

4.6 HelloYaya’s Rights and Actions

HelloYaya reserves the right to refuse any promo code or discount promotion or invalidate the order of these promotions by a user if HelloYaya determines that the promo codes or discount regulations are used incorrectly or fraudulently, illegally or in violation of specific confiditions applicable to promo codes or the General Terms and Conditions.

In such situations, HelloYaya also reserves the right to:
 

• Close the Member’s account without regard to the aforementioned conditions.

• Request a refund for promo codes used for purposes other than those described in the established specific conditions by helloYaya or the General Terms and Conditions.

 

 

4.7 Automatic Renewal

The subscription service is automatically renewed for the same term as initially chosen. It is possible to disable the automatic renewal of the Premium Subscription at any time by selecting the cancellation option, which can be found by clicking on the “My Account” page, and selecting the subscription section.

4.8 Notice and confirmation of subscription cancellation

Upon subscription, the next payment is noted in the subscription section of “My Account” page. This means the subscription will automatically renew. Upon cancellation, the next payment is noted and the date of the end of the subscription as well as confirming to cancel the subscription beforehand.

 

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Article 5: Description of the Services

 

5.1. Messaging

 

An employer with a subscription service can utilize sending messages to domestic helpers via redirection to whatsapp. Upon contacting the helpers, it is recommended that they clarify that they are contacting helpers via HelloYaya platform and we recommend providing the job description details such as how many household members will be under this helper’s care, what are the specific skills needed for their household situation, what are the rest days, salary and living arrangements. The employer then can make an offer later if they have a successful interview. 

 

5.2. Interview arrangements and the hiring process

Upon contacting candidates, the interview process and scheduling is entirely under the employer’s discretion. However, with an added fee, they may contact the company for assistance for any administrative, contract work, or immigration work if necessary. 

5.3 Employer’s responsibility

Employers are solely responsible for selecting and hiring Domestic Helpers on the HelloYaya platform. Subscriptions at HelloYaya does not provide guidance or advice on these matters. Employers must comply with applicable legislation when establishing contracts with Domestic Helpers.

5.4 Employer’s obligation

Employers agree to provide necessary information and resources for Domestic Helpers to carry out their job description and commit to paying for their domestic work services.

5.5 Document Verification

HelloYaya does not guarantee that Domestic Helpers possess the necessary documents to engage in paid or unpaid activities in the country of residence. HelloYaya cannot be held liable in this regard.

5.6 Disclaimers
 

• Platform are intermediary
  The platform serves as an intermediary to connect users. It does not provide home-based activities.

• Legal advice
  This document does not constitute legal advice. Only legal professionals are authorized to provide such advice 

 

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Article 6: Pricing and Subscriptions

6.1 Subscriptions and payments

Employers are required to make payment to HelloYaya for the use of subscriptions in exchange for services provided.

6.2 Pricing Information

The prices of subscriptions are clearly indicated on the HelloYaya website and may vary depending on the subscription plan chosen.
 

6.3 No fees are required for domestic helpers at the HelloYaya platform.

 

6.4 Promotional deals and discounts

The prices of subscriptions may be subject to change, either an increase or decrease at any time.

 

6.5 Applicability of new prices

 

Any changes in pricing will be applicable to any subscriptions signed up for after the new prices come into effect. Helloyaya reserves the right, at its discretion and with final authority over the terms and conditions, to offer promotional deals or discounts and changes.

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Article 7: Financial Transactions for Premium Subscriptions

 

Helloyaya has selected Stripe to handle all payment services for Premium Subscriptions via Debit/Credit Card. 

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Article 8: Refund

 

Payments made by Members are generally non-refundable, unless specific cases are agreed upon and approved by Helloyaya's staff on a case-by-case basis. Members cannot request a refund from Helloyaya for an amount greater than the payments they have made.

 

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Article 9: Roles and Responsibilities

 

9.1 Purpose and Responsibilities of Members

 

Users must only use the platform for the purposes it is intended for as stated in the introduction and avoid using it for other purposes. 

 

9.2 Protection and Personal Information

Users must not disclose personal information on their profile that would allow other users to contact them outside of the services provided by HelloYaya.

 

9.3 Prohibited Actions

The following are prohibited actions and may result in prohibition of access to HelloYaya.com.

• Users must not indicate any information or content that aims to impede, disrupt, or prevent normal use of the service. This includes use of other software, viruses, logic bombs, spamming and other similar actions. 

• Users must not post, indicate, disseminate any comments, behavior, or content that is defamatory, harmful, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic or with sexual connotations.

• Users must not engage in activities that incite hate, violence, discrimination, or illegal actions, or activities that are contrary to the purposes of the platform and may harm the rights of HelloYaya or third parties, or are in violation of public order. 

• Users must refrain from posting, indicating or disseminating any information or content that includes links to third-party websites of illegal nature, contrary to public order or non-compliant with the purpose of HelloYaya, 

• Users are reminded not to disclose personally identifiable information on the platform such as their surname, postal address, email address or telephone number. 

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9.4 Indemnification

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By using the platform, users agree to indemnify HelloYaya, including its directors, employees, agents, subcontractors, administrators and affiliates against any claim and liabilities from third parties related to their breach of this agreement.

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9.5 Independent Parties 

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HelloYaya and users are independent parties, each acting in their own name and on their own behalf.

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9.6 Formation and Implementation of Agreements

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Helloyaya does not enter into agreements on behalf of Domestic Helpers or Employers. Domestic Helpers and Employers enter into implementation of agreements between users. 

• HelloYaya does not enter into agreements on behalf of Domestic Helpers or Employers. Domestic helpers and employers enter into agreements directly with each other through the Platform. 

• HelloYaya cannot be held liable for any difficulties arising during the formation or implementation of agreements between users. 

• HelloYaya is not a party to any disputes between users regarding guarantees, declarations or obligations. 

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9.7 Quality and Conformity of Job Offers

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HelloYaya is not responsible for the quality or conformity of any job offers undertaken by Domestic Helpers. 

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9.8 Employment Relationship

HelloYaya cannot be considered as an employer or employee of users and Domestic Helpers cannot be considered as subcontractors of HelloYaya.

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9.9 Incidents and Accidents

HelloYaya disclaims any liability for incidents or accidents that may occur involving users or third parties. HelloYaya is not responsible for any damages, whether personal, physical, material, financial or otherwise, that may occur during the use of HelloYaya in searching for helpers. No claims in this regard will be accepted. 

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9.10 Platform Usage and Compliance

HelloYaya shall not be held responsible for any damages or costs arising from the use of the platform website. Whether through direct hire or using HelloYaya’s partner agency, it is the responsibility of the user to ensure that their decisions and actions comply with local laws and regulations. 

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9.11 Service Provision

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• HelloYaya is committed to providing the services with diligence and in compliance with applicable rules, regulations and legislation. However, it is important to note that HelloYaya’s obligation is to provide the means to deliver the service rather than guarantee a specific result. 

• HelloYaya’s liability is limited to the provision of the services in accordance with the terms and conditions stated in these Terms. It does not assume responsibility for any content written by third parties. Additionally, any claims regarding such content should be directed to the author in the first instance. 

 

9.12 Safety Precautions

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HelloYaya is not responsible for any safety issues that may arise during the use of the services online or during offline meetings between users met on the platform. It is advisable for all members to take necessary precautions for personal safety. 

 

9.13 Reporting Harmful Content 

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Any content that causes harm to any individual can be reported to HelloYaya, which reserves the right to take appropriate measures. 

 

 

Article 10: Consequence of Non-compliance

In the event that a user fails to comply with any provisions outlined in these General Terms and Conditions, or violates any applicable laws or regulations, HelloYaya retains the right to implement the following measures. 

• Temporarily suspend, delete or restrict member’s access to services as well as access of any individual responsible for or involved in the non-compliance or violation.

• Remove all or a portion of any content associated with the specific non-compliance or violation.

• Take appropriate actions and initiate legal proceedings if deemed necessary. 

• Inform relevant authorities, cooperate with them and provide any necessary information to aid in the identification and cessation of illegal or prohibited activities. 

 

 

Article 11: Account Suspension and Termination

11.1 Temporary Deactivation of User’s Account

Each user has the option to log out of their personal account and remove their advertisement from the platform. This allows the user to disconnect from other users.

11.2 Deletion of User Data

• To request deletion of a domestic helper’s profile data it must be requested by the domestic helper themself and emailed to us at paung@darmaxglobal.com. This means their candidate profile will be off the database.

• To request deletion of employer’s account data it must be requested by the domestic helper themself and emailed to us at paung@darmaxglobal.com. This means they will not be able to contact any helpers they are not yet in contact with at whatsapp up to that point.

• If an employer has subscribed to a premium subscription with automatic renewal, they must cancel the renewal of their premium subscription. 

• In the event of a serious breach, HelloYaya reserves the right to delete their account without prior warning or official notification. This deletion will have the same effect as a deletion initiated by a user. 

• This deletion does not exempt a user or their legal beneficiaries and representatives from any damages that HelloYaya may claim to compensate for any harm suffered as a result of such breaches. 

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Article 12: Contact

 

If you have any inquiries or concerns regarding these General Terms and Conditions, please contact us at paung@darmaxglobal.com. Kindly provide us with detailed information on how we can assist you. We will make every effort to respond to your query promptly. 

 

Article 13: Survival

 

If any provision within these General Terms and Conditions becomes invalid or unenforceable due to a change in legislation or a court decision, it will not impact the validity and compliance of the other clauses in these terms and conditions.

 

Article 14: Applicable Law - Competent Courts

 

In the unlikely event that a legal dispute arises, it will be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region, regardless of the geographical residential location of the parties or where the services were used.