Welcome to Toplistener Community!
Please read the below-mentioned Website Terms & Conditions carefully before availing the Services at the Website
DISCLAIMER
TOP LISTNERS does not deal with any medical, psychological emergencies. If you or anyone you know if feeling suicidal and/or experiencing any thoughts of self-harm or showing symptoms of any serious clinical disorders. In such cases, in-person intervention is most appropriate and required form of help.
If you or know anyone who is experiencing any of such thoughts, feelings, we would urge you to seek help and guidance from the nearest medical facility.
USER AGREEMENT
By visiting and/or availing the Services from TOP LISTNERS, you as an User confirm that you are of legal age (18 years and above) and are not incompetent to contract under the Indian Contract Act, 1872 and are legally allowed to take decisions of your own while availing the Services being offered by the Company and the Therapist at the Website.
Teen Counselling: For counselling Services being availed by/for a teenager being between the age gap of 13-17 years through his/her parent or legal guardian [“Teen”]. The consent from a parent or legal guardian is required to receive Services. You hereby confirm that as the consenting parent or legal guardian for the Teen, you have the sole right to consent to Services for therapy/counselling at the Website.
You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process and use of Personal Information on behalf of the Teen for delivery of Services. You also agree that the said consent for the Services remain valid until the receipt of Services by the Teen itself and/or its legal guardian and/or parent.
The terms and conditions set forth in this User Agreement shall come into full force and effect upon your usage of Services through the Website, any resource from the Website. Accessing the Services on any medium/device including but not limited to mobile phones, smartphones, desktops, tablets is irrespective subject to the terms of this User Agreement.
DELIVERY OF SERVICES AND TERMS OF USE
As owner and operator of the Website, our role is strictly limited to facilitating the communication between You and the Therapist for provision of Services. You agree, confirm and acknowledge that the Services are not a substitute for face-to-face counselling and/or examination. You should not solely rely and make health well-being decisions primarily based upon the information and/or counselling Services provided by the Therapist through the Website. None of the information provided and/or stated on the Website represents or warrants that any particular drug or medicinal treatment is appropriate, safe or effective upon you specifically. The Company enables you to communicate with a Therapist for availing Services through the Website. The Company assumes no direct/indirect responsibility/liability for any act/omission/commission for any advice/consultation/representation provided/made by the Therapist to you during the counselling session and/or any other interaction with You through the Website. The details provided by you during registration for the Services- either to us directly or through your organization is truthful correct, complete and accurate and that You agree to maintain the accuracy of such information at all times. You shall be solely responsible towards the accuracy/correctness for the information provided. Your use of the Website is solely for your/your Teen’s personal use only. Any usage/interaction of this Website and/or its content other than personal purposes is prohibited. You agree, confirm and acknowledge that you shall be always responsible for maintaining the confidentiality of your password and any other security information related to the account (“Account Access”) created by You at the Website for availing Services. Your access to the Services at the Website in pursuant to payment of relevant service fees only for the specific Service selected. The Company reserves the right to take any and all action(s) deemed necessary or reasonable regarding the Services at the Website and your account information. You agree, acknowledge and confirm to ensure to check the technical specifications before availing Services at the Website, and ensure that your device has all necessary settings/software (if needed) for availing Services at the Website. You agree, commit, confirm and acknowledge not seeking, enquiring personal information/contact details of any Therapist and/or any other person at the Website during/post Services. You agree, commit, confirm and acknowledge not to make any use of the Website for posting, sending, delivering any of the following:
(a) Unsolicited email/advertisement or promotion of any type of goods and/or services;
(b) Malicious software or code;
(c) Any content which is termed as unlawful, harassing, abusive, offensive, vulgar, obscene, racist, potentially harmful, threatening;
(d) Any content that infringes the intellectual property of any third party (including but not limited to copyright, trademark, patent, trade secret, moral right or any other intellectual property right).
(e) Any false or inaccurate information.
[The obligations as set forth above shall apply to you as a Therapist for any content submitted by you as a Therapist to the Company].
You agree, confirm and acknowledge that you are solely and fully liable and responsible as an User (including but not limited to User being a Teen and/or his legal guardian and/or parent) towards your interaction at the Website for the Services. You shall be completely responsible for all the activities/interaction undertaken by the Account Access created by you at the Website. You agree not to commit or interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned. You agree, confirm and acknowledge that your receipt of Services shall always be in complete compliance as per the applicable law in force in India. You agree that the Company shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator. You agree to receive all commercial messages including transactional messages from TOP LISTNERS.
THERAPIST AND SERVICES
The Company makes no representation or warranty whatsoever as to whether you find the Services relevant, useful, correct, satisfactory for your needs. While we do maintain adequate and reasonable quality control at the time of empanelment of the Therapist regarding their qualification, experience and expertise however, we do advice you to check and abraise yourself about the Therapist details before booking any consultation Service. While we may do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of the skills, degree, qualification, licence, certification, competence or professional background of any Therapist. It is at your sole discretion to conduct and verify the same about the Therapist before availing any Services from the Therapist at the Website, and we strongly recommend that you will conduct the said verification prior to communicating with any Therapist at the Website. The Company and/or its representatives themselves do not practice medicine or counselling and is not a medical facility/hospital/clinic. The Company through its Website acts as a mere connecting platform/medium between the User and the Therapist pan-India for provision of Services. our interaction with the Therapist at the Website is solely at your personal discretion. We (the Company) is not involved in any manner whatsoever (directly/indirectly) for the manner of any Service delivered by the Therapist to you. For the Service availed by you at the Website, this payment is made to the Therapist for the Services. We may charge the Therapist a portion of the said payment for use and operation of the Website for delivering the Services (“Platform Use Fees”). However, the Company shall not be deemed as a Therapist for any Services regardless of the payment. If you receive any file/document/form from the Therapist through the Website for the Services delivered by the Therapist at the Website, you agree to check and scan the file/document/form for any virus or malicious software prior to opening the file/document/form. To the extent Services is provided to you by the Therapist, such consultation is based solely upon the information/details shared by you during the counselling session with the Therapist. The responses for the information shared by you is solely provided by the Therapist and not by the Company. During the delivery of Service and as per information shared by you, your Therapist may determine that the Services are not appropriate for some or all of your treatment, and accordingly opt out to provide you Services through the Website. ou agree, understand and acknowledge that, you may experience anticipated benefits from the use of counselling, but no results can be guaranteed or assured. The Therapists are independent contractors and not the employees of the Company. Notwithstanding anything contained in these Terms and Conditions shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership between the Therapist and the Company.
TTA E-WALLET:
You will be issued a TTA e-wallet account immediately after successful registration at the Website as an User (“TTA Wallet”). You may add money to or recharge your Wallet through online payment methods such as domestic credit/debit card, net banking services, UPI. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your Wallet. Except as provided hereunder, amount in your TTA Wallet will not be refunded to you under any circumstances. You may note that withdrawing money from the Wallet is not allowed. Any outstanding credit in the TTA Wallet must be utilized only to make payments for bona fide transactions for available services at the Website only. TTA e-wallet is not transferable. You may add money into your TTA Wallet upto a maximum of INR 50,000 (Indian Rupees Fifty Thousand) per month [“Maximum Limit”]. This Maximum Limit will be inclusive of any credits made by you and any refunds received by you for any transactions in your TTA Wallet. Additionally, the balance in your Wallet shall not exceed the Maximum Limit of INR 50,000 (Indian Rupees Fifty Thousand) at any relevant time of determination. These limits may be reviewed and modified at the discretion of the Company without prior intimation to the Customer. The Company reserves the right to suspend/discontinue the service of TTA Wallet to you at any time, for any cause, including, but not limited, to the following-
(a) For any suspected violation of the terms and conditions by you;
(b) For any suspected discrepancy in the particular(s), documentation or enrolment form provided by you;
(c) To combat potential fraud, sabotage, will full destruction, threat to national security or for any other force majeure event;
(d) Due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
(e) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
(f) If the mobile connection with which your TTA e-wallet is related ceases to be operational or in your possession or control;
(g) If Company believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
The value stored in your TTA Wallet shall not be refunded under any circumstances and may only utilized to make payments for bona fide transactions. No interest will be payable by Company on the available balance reflected on the TTA Wallet. You are permitted to maintain and operate only one TTA Wallet upon registration as an User at the Website. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by Company of your registration at the Website. Any operation of or continued availability of any facility respect to the Wallet from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India. You must ensure the availability of sufficient funds in your TTA e-wallet before executing any transaction from your TTA Wallet. TTA Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. TTA Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Website can run and the User is solely responsible for all liability arising from unavailability of the Website due to a deficient mobile handset or the internet service provider not being able to support any TTA Wallet channel or application. You must ensure the availability of sufficient funds in your TTA Wallet before executing any transaction from your TTA Wallet. You shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of TTA Wallet. Information submitted by you for availing TTA Wallet and/or information submitted while using TTA Wallet may be shared by the Company with any affiliate of TOP LISTNERS or any third party, inter alia, to facilitate the provision of TTA Wallet or for the purposes specified in the terms and conditions. You specifically agree that in order to facilitate the provision of TTA Wallet, the Company may be required to disclose any information or particulars pertaining to You to any authority, statutory or otherwise or any third party. You agree that any amount transferred erroneously by the User, while adding money to or recharging the TTA Wallet or while executing transaction on platform, shall not be refunded to the customer by the Company in any circumstances. You agree that in the event of any dispute, TOP LISTNERS records shall be binding as the conclusive evidence of the transactions carried out through the use of TTA Wallet. You agree that any cashback or credits or rewards from TOP LISTNERS added into your TTA Wallet would not be refunded back to you in any case.
TTA e-Wallet Validity
Any value in your Wallet, which is utilized towards making payments for any transaction, shall be automatically debited from your TTA e-wallet. The Company does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using TTA Wallet. Your TTA Wallet shall remain active at all times. However, the amounts in your TTA e-wallet will be forfeited in case of no credit or debit transaction has occurred for a period of 12 months from the date of the last transaction. You will receive a reminder about the expiry of the TTA e-wallet amounts one month in advance, by an email to your registered email address.
REFERRAL PROGRAM
You agree that the referral program is valid only for registered Users only. The participation in the referral program is voluntary. The referral discount will be provided to the referrer only upon completion of the first order of the referee. The email id through which the referee signs up, must not have been used for signing up earlier at the Website. The value of the referral discount will be as per the Company’s referral program active at the time of referee’s signup using the referral code. However, it is clarified that the Company reserves the right to exercise discretion with regard to issuance of referral discount so as to combat fraudulent transactions. Usage of the referral discount may be subject to additional terms and conditions, including but not limited to such as minimum order value, days of use, timing etc. The Company may notify such additional terms and conditions and applicability from time to time. The referral code shall not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise). The referral program is meant to reward our privileged and loyal customers and is not meant for sharing the referral code on any communication medium, including, but not limited to, print, digital or electronic means, websites, or any means for any purpose whatsoever. The Company reserves the right to revoke the referral discount or suspend the User’s account at any time if such sharing of the referral code is in contravention of these Terms and Conditions. The maximum limit of referral an User can earn is 10. You agree and acknowledge that any referral discount received by you shall not be used in conjunction with any other referral code. You agree and acknowledge that the referral code is non-transferrable, and it does not have any cash value. You agree and acknowledge that the referral discount shall not be clubbed with any other program/offer of the Company. You agree and acknowledge that the referral code can be used only once by the referee. You agree and acknowledge that the referral discount received through referral code shall be added to your TTA e-wallet and such referral discount is non – refundable in any case.
TTA E-PRESCRIPTION
This feature is an information source and terms & conditions concerning medicines and/or medicinal products and concentrates on providing information (critical or otherwise) required for understanding such information including but not limited to the: components or elements used in the manufacturing of such medicines and/or medicinal products:
the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products, the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products symptoms and associated medicines/medicinal products generally administered in such cases.
For Users:
You understand that any information/details provided in the E-Prescription received by You through this Website is not intended to serve as a substitute or replacement for any clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and TOP LISTNERS is not responsible (directly or indirectly) for the applicability of the content outside India. All the information provided here on an ‘as is’, basis and not with an intention to replace consultation, discussion, opinion with/of a qualified medical practitioner.
With the intent of always delivering best and quality services to You, TOP LISTNERS is acting as a mere platform connecting You (as the User) with the India wide Therapist/Psychologist/Psychiatrist/Counsellor to avail e-consultation services. TOP LISTNERS shall not be responsible or be liable (in any manner whatsoever directly or indirectly) towards the accuracy/correctness of the information or for any errors, omissions or inaccuracies contained herein irrespective of the reason for the cause of such occurrence, or for any consequences arising therefrom. The inclusion or exclusion of any medicines and/or medicinal products does not mean that TOP LISTNERS advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
TOP LISTNERS has used commercially reasonable efforts to source the information from reliable databases, however, You understand that the information contained in this feature is brought to you from open source platforms and third party sites/research reports. You understand that the information on medicines and/or medicinal products contained in the E-Prescription does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that You always consult a medical practitioner at all times prior to relying upon any information set out herein.
For Practitioners/Therapists:
Practitioners agree and acknowledge that TOP LISTNERS does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide this Website including but not limited to any information/detail shared by the User at the time of seeking e-consultation.
The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.
TOP LISTNERS does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.
Disclaimer:
The content/information provided in the E-Prescription received through this Website herein, regarding medicine/ medicinal advice and/or medicinal products, have not been evaluated or approved by the Drug Controller of India or any other statutory body.
THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO THE USERS ON AN, "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN. TOP LISTNERS ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED HEREIN.
Change or modification:
Any reference to any medicines and/or medicinal products thereof, is subject to change/modification depending upon the applicable laws in force/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.
Hold harmless:
The use of the feature herein and the content is at the User’s sole risk and consequence. The Company shall not be directly or indirectly responsible for the results of the User’s decisions resulting from the use of this feature.
The viewers/Users/Practitioners/Therapists hereby release and agree to hold harmless the Company, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all direct and indirect claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners/Therapists arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.
Privacy Policy:
The Company provides Services over the internet. Usage of our website or online resources is subject to the Privacy Policy of the Company and is provided on the Privacy Policy page of the Website. Please read the Privacy Policy carefully. The Company reserves the right to add, change, or remove sections from the Privacy Policy without any prior notice or liability to any third-party.