Terms & Conditions

The terms set out herein constitute a legally binding agreement between the User and the services provided by thelistenerz.com (“Website”) that is owned, hosted and operated by Abadhya Education Pvt. Ltd., a company incorporated under the Companies Act, 2013 and having its registered office at 4800/24, LGF, Bharat Road, Ansari Road, Daryaganj, New Delhi-110002 (“Company”) regarding your use of the Website and/or any services offered by the Company including but not limited to the delivery of content via the Website, any mobile or internet connected device or otherwise (“Service”).

This document and the Privacy Policy are an electronic record in terms of the Information Technology Act, 2000 and its rules, amended from time to time. The ‘Terms and Conditions’ constitute an electronic record within the meaning of the applicable law. The electronic record is generated by a computer system and does not require any physical or digital signatures.

The Company may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions the Website. The Company also reserves its right to suspend the operation of the Website for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

SERVICES OFFERED

1. Anonymously chat on a public platform with the Volunteers: Our services allow users to maintain anonymity with our volunteers. The Users can anonymously Chat or Call (both audio & video) with our Volunteers who will be available to provide support.

2. Booking Therapy Sessions and availing services to consult with Our Consultants.

3. Getting your Book Published by availing Publication services offered. In addition, ordering online as well as offline Publications such as books, ebooks, study material etc.

4. Weekly/ Monthly Events: We arrange weekly events such as comedy nights, dance sessions, workout sessions, support groups or simple gatherings for our users.

5. Crisis Situation Management: Our State of the Art technology allows us to interject when a User is in crisis or is availing our services in crisis. In circumstances when the User has used any triggers, our server will flag the chat that will allow us to interject in time. If the User is contemplating suicide, or is in need of medical emergency, we reserve our right to inform appropriate authority or their emergency contacts for proper medical services.

SERVICE CONTENT

The services include a combination of content that we create, that our affiliates, advertisers, promoters, third party providers (collectively “Associates”) create and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animations, are protected by our copyrights or trademarks or those of our Associates. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or contents of our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please contact us.

USE OF THIRD PARTY SITES

The Website may contain links to Internet sites owned by third parties. The use of each of those sites is subject to the conditions, if any, that each of those sites have posted or may impose from time to time. The Company has no control over sites that are not ours and we are not responsible for any changes to or content on them. Any inclusion on our sites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
Your correspondence or related activities with third parties, including payment transactions and delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Except where expressly provided otherwise by Website, nothing on the Website or within the Service shall be construed to confer any license or ownership right in or to the Content, under any of Website intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by Website. Website does not provide, sell, license, or lease any of the Content or services other than those specifically identified as being provided by Website.
Any unauthorized use of Website Services contained on the Website or in the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, central and international laws, treaties, regulations and conventions in connection with your use of the Website Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which you or Website are located. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your mobile device or computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person. You agree to accept responsibility for all activities that occur using your account or password.

BILLING AND FEE-BASED SERVICES

Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur as specified by us in advance for the Services. Unless otherwise noted, all currency references are in Indian Rupees. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

While certain aspects of the Service and use of them are currently free, the Company reserves the right to charge for said use of Service in the future. To the extent you make any purchases from the Services, you agree to pay for all purchases. Company reserves the right to change the price or subscription fees any time, it may deem fit to the market needs or internal requirements. In order to continue using the Services you agree to pay the difference, if any that may arise from such change.

You also agree that there is a strict no refund policy for the Services. Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated. Refunds, if any, including in the event of wrong/objectionable property content being posted on the site, will be at the sole discretion of Company only.

Company uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway. The Company does not store or keep your credit card data and the transaction happens on a third-party network not controlled by Company. Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

You will provide Website with valid and updated credit/debit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit/debit card information to Website, you authorize us, or a card processor of our choice, to bill such credit/debit card for Services used or created using the Website Services. If Website, in its sole and absolute discretion, permits you to make payment using a method other than pre-paying with a credit/debit card, Website will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due immediately upon receipt of the invoice, unless stated otherwise on said invoice. This includes, invoices for any premium/paid services, brokerage fee and other charges, wherein the Company may agree/ or had agreed to receive the payment or part thereof upon completion of a certain defined timeline or target.

Payment towards an invoice generated by Website for any Website Services is due within a specified period as communicated on the invoice. After expiry of such payment date late payment, interest or other charges will be applicable upon the invoice amount and the Website further reserves the right to send reminder mails, calls, follow up, notices and/or to take any other appropriate actions including legal action. The Website at its sole discretion may also extend the time period for making such payment or to waive of any charges. Henceforth the payment, including late charges, has to be made within the specified extended date, after which the Website Services would be discontinued and cancellation charges would apply. However, if you still want to continue with the Service, please speak to our customer care for explaining the cause of delay in payment and restore Website Services after paying the dues as directed by them.

DISCLAIMER AND WARRANTIES

The Company is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

Nothing in these terms of service seeks to limit your statutory rights (where these cannot be restricted by law) and nothing in these terms of service shall seek to restrict Website liability for any inconveniences caused by Website negligence.

Subject to the foregoing:

The Services offered by the Company are not to be used in emergencies. Our Volunteers, except for on-board therapists, are not trained or qualified to assist or provide comfort in crisis situation. It is clarified that the volunteers are not certified doctors or medical professionals. The User acknowledges and agrees that the Volunteers, including but not limited to, the therapists are not employees/agents/representatives of the Company. The Company is entitled to indemnify itself against any act or omission of such Volunteer.
The Company does not vouch for the competence and accuracy of the Volunteer or the other Users they are connected with. The user understands and acknowledges that the relationship between Volunteers and them is strictly between them. The Company is not involved in any away with the actual substance of that relationship or any part of the assistance sought by the Volunteer. The User acknowledges that the role of the Company and its services are restricted to providing access to Volunteers and other users.
The Company does not make any warranties that the services provided will be uninterrupted, secure or error free or that your use of the app or site will meet your expectations, or that the app, site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the app or site is at your own risk. You are solely responsible for your interactions with other Users. The Company or its affiliates are not responsible for the conduct of any user. The Company does not conduct criminal background checks on its members.
The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. The Company is not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.
Subject to applicable law, use of Website Services and any data, content, or services accessed through our Services is at your sole risk and such offerings are provided "as is" basis, without warranties or representations of any kind, either express or implied.
The Company does not take responsibility or liability for the actions, products, content and services on its Website, mobile application which are linked to affiliates and/ or third party websites using APIs or otherwise. will not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Website and / or Mobile App, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery or any information or material. The Company further disclaims The Company further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. The Company disclaims any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
The Company will not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Services, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless, the Company and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material or your breach of these terms and conditions or any applicable law.

AGE RESTRICTIONS

As per the Indian laws, any person under the age of 18 years is considered a minor and accordingly, we do not accept submissions from persons under the age of 18 ("Child" or "Children"). If you are under the age of 18, you must have your parent or legal guardian set up your account and must have them agree to these Terms on ongoing basis and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Website all rights to utilize the copyright and image/likeness embodied therein as further enumerated in this Terms, as though the parent or guardian made the Submission themselves.

RESTRICTED CONTENT AND COMMUNITY RULES

Albeit, the Company propagates and promotes Users to express themselves as much as possible, however, there are certain content that are restricted and the Company has a zero tolerance policy for this kind of content. The following conduct is not allowed on our site, in forums, user profiles, talkback, private messages, feedback forms, user reviews, comments or ratings:

Offensive Material: Users may not transmit or encourage others to transmit material or links to material considered patently offensive in nature. This includes, but is not limited to using vulgar, profane, or sexually explicit language; using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult; using threatening, harassing, and defamatory, hate-speech, or libelous language; and posting, requesting, or otherwise sharing material considered pornographic, obscene, graphic or hate speech.
Vulgar language or substitutes for such: Our Service is programmed with a list of words that are considered vulgar under any context, and these words are not allowed to be used under any circumstances. Attempting to bypass the censor by misspelling, inserting spaces or symbols, transposing letters, using look-alike symbols, or any other method is not allowed. Taking advantage of any limits in the Service's language filtering capabilities is not allowed. Any limits in such filters shall not be taken as permission to bypass rules regarding vulgar language.
Flaming: Communications clearly insulting other users, individually or as a group, directly or indirectly, are not allowed.
Trolling (Inciting flames): Messages intended solely to annoy and/or offend other users by going against the clear nature of a forum, topic or article are not allowed. This includes, but is not limited to: provoking other users to respond with flames; provoking fans of a particular technology, especially on forums or articles dedicated to that technology; making misleading titles; asking obviously useless questions; and posting false information as fact.
Illegal activity: Communications that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing: illegal copies of copyrighted software; methods of circumventing copyright protection; illegal copies of copyrighted music, movies, videos, or any other type of media; reprints of material from other web sites; or methods of cheating in online games.
Advertising: Messages that clearly advertise a service or product are not allowed. This includes, but is not limited to: unsolicited commercial or personal web site advertisements; For-Sale/For-Trade/For-Auction/Wanted: notices; "Make Money Fast" scams, chain letters, and pyramid schemes or any referrer-ID based sites.
Off-topic postings: The main purpose of the message boards and user feedback sections within the Service is to provide discussion forums and opportunities to do with various technology products and services. Topicality is expected and will be enforced on all message boards and chat rooms not noted as purely social in nature.
Flooding, Invading, and Board Wars: Flooding a board with multiple disruptive topics or messages; invading another board (flooding a board as a group with multiple topics or messages); instigating, participating in, or retaliating in an invasion of a message board or any other online service; announcing or inciting a "war" or any conflict with the regular members of another board.
Impersonation: Impersonating other users by creating and/or using a user account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another member is strictly prohibited.
Harassment/Stalking/Privacy: Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Service, with or without use of explicit or implicit threats is strictly prohibited. Posting contact or other private information of any person (Service user or not) is also prohibited.

MULTIPLE ACCOUNTS

While it is acceptable for users to maintain multiple accounts, we can and do track all accounts used on the same computer(s), and we may consider them one account for the purpose of monitoring violations of these Terms. If these Terms are violated severely enough to warrant the termination of one account, all known accounts held by that user and/or all accounts using the same computer(s) may also be banned at the administrator's' discretion.

VIOLATIONS AND PENALTIES

Topics and messages that violate these Terms will be deleted from the site and additional penalties may be applied at our moderators' discretion. Re-posting deleted violations (yours or those of others) is also considered a violation.

Messages and topics may be removed at any time and for any reason at the sole discretion of our editors and designated moderators. User accounts may be warned, suspended, or revoked at any time and for any reason at the sole discretion of our editors and our designated moderators. All determinations of what is "acceptable" and "unacceptable" content will be determined solely by our editors and moderators.

Intentional, repeated, or severe violations are cause for the banning of your account, all use of the site from your IP address or your entire ISP. In such event, we also reserve the right to contact your ISP concerning your activities.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Website, and all of our officers, directors, owners, employees, agents, information providers, Associates and licensors etc. (collectively, the "Website Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Website Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, patent or copyright or trademark infringement arising out of:

Your connection to our sites
Your use of our sites
The content, quality or performance of content that you submit to our sites
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you
Your violation of these Terms
Your violation of the rights of any other person or entity

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Website shall have no indemnification obligation or other liability for any claim of infringement arising from (a) your use of the Website and/or the Service or Content associated with the Website or Service other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, content, or materials.

The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.

INTELLECTUAL PROPERTY RIGHTS

All material contained on this Website, unless otherwise indicated, is protected by law, including, but not limited to, Indian patent, copyright, trademark, and other intellectual property protection laws, as well as other state, national, and international laws, treaties and regulations. Except as expressly provided herein, Website does not grant any express or implied intellectual property right(s) to users of this Website or the Services, or any parts thereof. You agree not to decompile or reverse engineer any parts of the Website or Service. Please be aware that Website actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The Content, design and layout of this Website are copyright products of Website. Removing or altering the copyright notice on any material on this Website is prohibited. Website also owns a copyright in the Website and Service as a collective work and/or compilation, and in the selection, coordination and arrangement of the Website's and Service’s content. Other product names, company names, marks, logos and/or symbols mentioned herein may be the trademarks of their respective owners.

All copyright, marks and/or know-how and/or any other related intellectual property rights to the Services shall become and remain the sole and exclusive property of the Website and the User shall have no claims to the same. In the event the User has contributed any content on the website in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever.

CONFIDENTIALITY

You shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Website’s Associates, if required and upon prior permission in writing from the Website. Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by You without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

All information and data submitted by You shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to Violation of Terms clause, release any such data and information to any third party without the prior consent of the User.

“ Confidential Information ” hereby shall mean and include all financial, commercial, technical, operational, staff, management and other information, data and know-how (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the “ Receiving Party ”, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party (the “Disclosing Party”, herein the Website) or by any of its Associates to be confidential, and not generally available to the public.

TERMINATION

These Terms continue until terminated by either party. You may terminate these Terms by discontinuing use of all Services and by surrendering and destroying all your copies thereof. You may be required to clear any monetary dues with the Company to effectively terminate the Service Terms. These Terms terminate automatically if you violate any term hereof, posts a written notice of termination on Website web site publicly, or Website sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms survive any termination of these Terms.

SAFETY GUIDELINES

The Company monitors and interact in chats and forums in order to identify unsafe activity. Users are encouraged to leave reviews after a chat ends and they have an option to file Block reports and flag profiles. Our servers also flag triggers that are used by Users in crisis and reserves its right to inform appropriate authority for speedy redressal and medical help.

The Company has created a 3 strike policy to flag and review the reports and complaints of the Users.

Strike-1: Text reviews are approved to display on the user/volunteer’s profile
Strike-2: A volunteer who is rude or cynical or provides advice instead of being empathetic will automatically receive a feedback when it is reported.
Strike-3: Acts including but not limited to, sexual and flirtatious content, harassment, bullying, racist or hate speech, false reports of age group leads to outright rejection.

NOTICES

All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of the Company’s Finance department, all legal notices shall be sent to the attention of the Company’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company.

ARBITRATION

If in case any dispute arises between a User and the Company arising out of use of the Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent third party identified by the Company. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

MISCELLANEOUS

Jurisdiction: These Terms of Service and the relationship between you and Website shall be governed by the laws of India without regard to its conflict of law provisions. You and Website agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi, India only.
Terms: These Terms of Service and the Website Privacy Policy (and the documents incorporated by reference into those terms) constitute the entire Terms between you and Website and governs your use of Website Services, superseding any prior agreement(s) between you and Website with respect to Website Services.
Waiver and Severability of Terms. The failure of Website to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, or will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and the other provisions of these Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.

We may be required by state or central law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. You may update your email address by visiting the Website Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

COMPLAINTS

For any complaints, abuse or concerns with regards to content and or comment or breach of these terms please write to connect@thelistenerz.com