Terms and Conditions
This Agreement (the “Agreement“) sets forth and contains the terms and conditions between you and We Listen. The Agreement applies to all customers (“you”) who access and/or use We Listen for phone-based Listener services.
YOU AGREE THAT BY USING WE LISTEN SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE WE LISTEN SERVICES. YOU MUST NOT ACCESS WE LISTEN SERVICES OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM USING WE LISTEN SERVICES UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.
By calling We Listen, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CALL WE LISTEN.
We Listen may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, you are encouraged to check the terms of this Agreement frequently. By using We Listen after any modifications to this Agreement have been made, you agree to be bound by such modified Agreement.
The Listener Service. We Listen listening service (“Listening Service“) allows customers to call a listener (the “Listener“) and ask questions, ask to be listened to, or request advice and/or services directly from such Listener.
As further described in this Agreement, We Listen makes no representation or warranty whatsoever as to (a) the availability of the Listener, (b) the willingness or ability of the Listener to listen or to continue with your call, (c) the willingness or ability of any Listener to give advice, (d) whether you will find an Listener’s listening useful or satisfactory, (e) whether you will find a Listener’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the advice of the Listener will be responsive or relevant to your question, or (h) whether the Listener’s advice will otherwise be suitable to your needs. We Listen is not responsible for any action you take as a result of using the We Listen service. To protect our Listeners, we also allow the Listener to terminate a call at any time if they feel uncomfortable.
LISTENERS ARE NOT LICENSED OR REGISTERED PROFESSIONALS. THEY DO NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; THEY DO NOT DIAGNOSE, PROVIDE TREATMENT, OR INTERVENE. WE LISTEN DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY THE LISTENER. WE LISTEN STRONGLY RECOMMENDS THAT A CUSTOMER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 999 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Customer Conduct and Use. By calling We Listen, you represent, warrant and agree to the following:
You are at least 18 years of age, or are between 13 and 18 years old with parental consent.
All interactions between you and a Listener will be billed other than those provided as part of the free trial period. You agree to abide by the pricing terms while using the We Listen service and to pay to We Listen all fees for services rendered to you by Listeners.
You will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by We Listen.
You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
You will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
You will not stalk, threaten or harass any Listener or infringe upon or attempt to infringe upon their privacy.
Links. Our website may contain links or other content related to web sites, products and/or services offered by third parties. We Listen has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. You acknowledge and agrees that We Listen is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that We Listen will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. We Listen encourages you to, at a minimum, be aware when he or she leaves our website and to review the privacy practices related to third party sites.
Modifications and Termination of Services. We Listen reserves the right to modify or discontinue, temporarily or permanently, any service provided, with or without notice to you. You agree that We Listen shall not be liable to you or to any third party for any modification or discontinuance of any service offered by We Listen, or for any losses or damages that may result to you or any third party from such discontinuation or interruption of service.
We Listen’s services depend on various factors such as communications networks of We Listen and its Listeners. We Listen does not guarantee that We Listen’s service will be uninterrupted or that it will be timely, secure or error-free.
We Listen, in its sole discretion and for any reason, may terminate your participation in the service and refuse any and all current or future use by you of the sites or services.
Legal Requirement to Disclose. We Listen MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF WE LISTEN REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.
Indemnification. You shall defend, indemnify and hold We Listen, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and losses, damages, suits, judgements, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by you according to this Agreement; (b) your refusal to pay for services provided by any Listener; and (d) your use of our website and/or the the Listener service. This section shall survive expiration or termination of this Agreement.
Notice. We Listen may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Listening Service or website, by email, text to the phone number we have on record, or by posting on the website and/or the Listening Service. The date of receipt or of posting on the website shall be deemed the date on which such notice is given.
Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the United Kingdom of England and Wales (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in the United Kingdom of England and Wales. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between We Listen and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by We Listen with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United Kingdom of England and Wales are not permitted to use or access the We Listen service or the website.
No amendment to this Agreement will be effective unless made in writing (writing includes electronic communications). The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.