Terms of Use
Bharatage Innovations Private Limited (WeListen)

Updated on: 29 Dec 2024

Bharatage Innovations Private Limited(“Company”), having its registered office at Plot No 20, Okhla Industrial Area, PH-III, Okhla Industrial Estate, New Delhi, Delhi, India, 110020 , is the owner and the operator of the website i.e. https://we-listen.club and the mobile application i.e. WeListen, collectively referred to as the “Platform”. 'WeListen' is the brand of Bharatage Innovations Private Limited. 

By registering, accessing and/or using the Platform, you hereby agree to be governed by the following terms and conditions (the “Terms of Use”) and Privacy Policy.

Please read this Terms of Use and Privacy Policy carefully before registering, using or accessing the Platform. These Terms of Use and Privacy Policy constitute a legally binding agreement between you and Company governing your access to and use of the Platform and/or the Platform Services (as herein defined). If you do not understand these documents or do not accept any part of them, then you should not use or access the Platform and/or the Platform Services.

Based upon the access or use of the Platform and/or Platform Services by you, certain additional terms and conditions with respect to access or usage of specific features of the Platform and/or Platform Services, may also be applicable. In such case, such additional terms and conditions shall be part of Terms of Use.

You further understand and agree that Company reserves the right to update any of these Terms of Use from time to time. You must ensure that you keep yourself up-to-date and read the Terms of Use.

“You” shall refer to all persons who access, register and/or uses the Platform and/or its Platform Services. It shall also be applicable to the friend and family members who are added by a user for performing certain activities on your behalf and/or for availing certain features that may be available on the Platform. Please note that all such friends & family members will have to register as a user on the Platform and this Term of Use & Privacy Policy shall be applicable to such user also.

ABOUT THE PLATFORM

The Platform is aimed to help people get rid of loneliness. 

REGISTRATION

You must be 18 years of age or older to access/register/use the Platform and/or Platform Services. By accessing/registering/using the Platform and/or Platform Services, you represent and warrant to Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and/or Platform Services, and agree to and abide by this Terms of Use & the Privacy Policy. The Platform is to be used only by persons who can form legally binding contracts. The Platform reserves the right to terminate and/or refuse to provide You with access to the Platform if it is brought to the Platform’s notice or if it is discovered that You are under the age of 18 (forty) years.

In order to use and access the Platform and/or Platform Services, you are required to register on the Platform by submitting certain details such as name, email id etc. 

Upon registration, your account will be created, and you will be required to set a Login ID and Password/OTP (as per the modes made available on the Platform). You need to use them anytime you want to login and you shall be responsible enough to maintain its confidentiality.

You agree to notify the Platform immediately of any unauthorized use of your account or any other breach of security. Any breach of security or unauthorized use of your account does not make the Company liable to indemnification.

The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

By accessing the Platform, You undertake to explicitly consented to receive communications via phone, email, SMS, Whatsapp or push notifications on the Platform telling you about products and services offered by the Platform (or the Company, its subsidiaries, affiliates and partners) and understanding your requirements. The communication can also be by posting any notices on the Platform. You agree that the communications sent to You by the Platform shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. 

By registering your phone number and/or email on the Platform, you expressly authorize us to reach you at the same. You specifically understand and agree that by using this Platform you authorize the Company and its affiliates and partners to contact you by calls, emails, SMS, Whatsapp or push notificatons in relation to the services provided through the Platform. You also agree that the Company reserves the right to make your details available to its partners who may contact you in a similar manner by telephone/email/sms or any other electronic manner for the purpose of providing information about the products provided by them.

PLATFORM SERVICES

The following services can be availed through the Platform:

• Listeners (Audio) - Human Services

The Platform allows you to reach out to contracted third party agents for seeking assistance on a) various life issues and b) getting emotional and mental support on call . These discussions will be recorded for training and quality purpose only. We refer to these individuals who help you discuss any issue which you may want to discuss as “Listeners”, for the sake of terminology. Please note that the photo and name shown on the platform may be different from actual Listener details.

You are requested not to share any confidential details such as private medical history, credit/debit card details, net banking details, ATM/UPI PIN, Phone Number Email with the agents. The Company or the Platform shall not be liable for any loss, damages, claim, penalties, fines of any nature, whatsoever due to such sharing such confidential data.

Though to the limited extent possible, we verify all “Listeners” associated with us, we do not conduct verification of each and every assertion made by the "Listeners" and our vetting process is basic due diligence. 

We cannot, at any point in time, be held to be responsible, if any information declared by any "Listeners" may prove to not be an accurate depiction of his or her portrayal, accomplishment, experience, or circumstance. The photos you see of "Listeners" on our platform may not be real images

You understand that these “Listeners” we curate to adhere to your optimum customer expectation, are not our employees or under our employment in any way, and are individuals contracted with us directly or through a third party for the limited purpose of helping you discuss your problems, concerns, issues, inhibitions, or general feelings and thoughts, in an associated role (experience sharing interaction) and each of these individuals are liable for their own conduct, behavior, disclosures, revelations, advice or suggestion.

You undertake to proceed only with the declared understanding that we are not certified to give or prescribe medical or psychological care or assistance to any user, and are only a platform that enables you to discuss your problems, concerns, issues, inhibitions, or general feelings and thoughts, with our ‘Listeners’ who, as per their disclosed life experience, may now be in a position to lend you an ear, support you by discussing your concerns and/ or suggest you alternatives to tackle your situation, in a non-professional way, without being liable for these discussions. We actively encourage you to seek professional assistance through government agencies like hospitals, police, fire department, etc., should you be at any medical, psychological, or physical risk, and need help.

Any sort of misbehaviour or misconduct with these "Listeners" will lead to permanent suspension of the user (along with E-wallet) from WeListen platform

• Listeners (Audio) - AI services

The Platform offers its users to connect with Artificial Intelligence based service. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. 

When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 

• Our Services may provide incomplete, incorrect, or offensive Output that does not represent WeListen's views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with WeListen.

Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.  

• E-Wallet

In order to facilitate the purchase of the goods and services on the Platform, the Platform will provide you a closed loop pre-paid instrument (“E-Wallet”) operated by the Company. The value stored and/or added into the E-Wallet is not insured or guaranteed by any person or entity.

The E-Wallet can only be used to purchase the goods and services on the Platform. Your E-Wallet can be loaded either through credit card/debit card/UPI/Net banking/any other RBI approved wallet. The balance available in the E-Wallet is non-transferrable to any other E-Wallet on the Platform.

The Company reserves the right not to accept E-Wallet or otherwise limit use of a E-Wallet if it reasonably believes that the use is unauthorized, fraudulent, or otherwise unlawful. Further, misuse of the E-Wallet or its benefits in any manner may result in disablement of the E-Wallet and/or withdrawal of benefits at the sole discretion of Company.

The Platform may charge you a convenience fee for enabling the loading of E-Wallet which will be displayed at the time of the loading.

All amounts loaded onto your E-Wallet are held and denominated in Indian Rupees. E-Wallet balance is non refundable

In case of the closure of E-Wallet or suspension of the E-Wallet, the money lying in your E Wallet, after adjustment of any cashback/fraudulent transactions/bonus already given, may be returned back to the source or in user’s bank account on Company's discretion. The Company may require you to submit certain additional documents before refunding the money.

MODIFICATIONS

The Platform reserves the absolute and unconditional right to change or discontinue, amend, alter, change, modify, discard, replace any aspect or feature or service available on the Platform (including, but not limited to, the contents, hours of availability and equipment/ information needed/required for access or use) or add any other terms and conditions to this Platform and the Terms of Use of the Platform. The Platform may, also discontinue disseminating any portion of information or category of information, change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Any such amendment, alteration, change, modifications, replacement or addition shall become effective immediately upon being used by the Platform or being posted to the Platform. It is Your sole responsibility to check the Platform from time to time to view any such changes in the Terms of Use and the Privacy Policy. If You do not agree to any such amendment, alteration, change, modifications, replacement or addition, if and when such changes are made to the Terms of Use and the Privacy Policy, You must cease use of the Platform. Your use of the Platform after such amendment, alteration, change, modifications, replacement or addition to the Terms of Use and the Privacy Policy indicates that You agree to such modified Terms of Use and/or the Privacy Policy.

GENERAL DISCLAIMER AND LIMITATION

Although the Company has attempted to provide accurate information on the Platform, the Platform assumes no responsibility for the accuracy of the information. The Platform makes no representations in respect of the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Platforms for any purpose.

All information, software, products, services and related graphics are provided on this Platform is “as is” and “as available” basis with without warranty of any kind, either expressed or implied.

The Platform disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this Platform for any purpose, and the inclusion or offering of any products or services on this Platform does not constitute any endorsement or recommendation of such products or services.

The Platform makes no warranty that the use of the Platform will be uninterrupted, timely, secure, without defect or error free. You expressly agree that use of the Platform is at your own risk. The Platform shall not be responsible for any content found on the Platform. Your use of any information or materials on this Platform or otherwise obtained through use of this Platform is entirely at your own risk, for which the Company shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this Platform meet your specific requirements. You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

You acknowledge and understand that the Platform may contain links to other web Platforms operated by third parties (“Third Party Platforms”). You further acknowledge that, when You click on a link to visit a Third Party Platform, a frame may appear that may contain the Platform logo, advertisements and/or other content selected by the Platform. You acknowledge that the Platform neither endorses nor is affiliated with the Third Party Platform and is not responsible for any content of any Third Party Platform or any link contained in a Third Party Platform, or any changes or updates to such web Platforms.

You also acknowledge that the Platform is providing these links to You only for your convenience. The Platform does not endorse in anyway any advertisers/ contents of advertisers on the Platform. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. the Platform shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of those advertisement or otherwise in relation to such Third Party Platform.

The third parties providing services through this Platform or through which certain services are enabled are independent affiliates and the Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any third parties. Company has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.

In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform, with the delay or inability to use the Platform or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or any interaction between you and other participants of the Platform or otherwise arising out of the use of the Platform, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Platform or any of its affiliates/suppliers has been advised of the possibility of damages.

You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Platform, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the Platform or participation in any Platform's activities. If you are dissatisfied with the Platform, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the Platform.

You must have internet access and/or mobile connectivity for using the Platform and/or Platform Services. The Platform will try to ensure that Platform availability is uninterrupted and that transmissions will be error-free. However, the Platform cannot, guarantee that Your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services.

DISCLOSURE OF INFORMATION

You acknowledge and agree that the data and information provided by you may be shared with third to provide the Platform Services to you.

You further acknowledge, consent and agree that the Platform may access, preserve and disclose your account information and the content you upload, post, or otherwise make available on the Platform if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Central, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any such content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Platform, its users and the public.

INTELLECTUAL PROPERTY RIGHTS

All the trademarks, logos, designs and service marks ("Marks") displayed on the Platform is the sole property and is in the exclusive right, title and ownership of the Company and/or are used under proper authorization from the owner/authorized person of such Marks.

You are not permitted to use such Marks without prior written consent of the Company

TERMINATION

In addition to the rights above, the Platform shall have the right to terminate or suspend access to the Platform at its sole discretion, if the You are found to be in breach of these Terms of Use or the Privacy Policy. You further accepts that the Platform shall incur no liability for such termination or suspension. Further, in the event there is any unauthorized access to the Platform, the Platform reserves the right, at its sole discretion, to cancel subscriptions, terminate accounts without giving You any prior notice.

INDEMNITY

You expressly agree that You shall indemnify, defend and hold the Platform and its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners (“Indemnified Parties”) harmless from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including attorney’s fees (“Claims”),that may be asserted, granted, imposed or brought against the Indemnified Parties due to or arising out of your use of the Platform, or other users of the Platform using your computer, of any intellectual property or other right of any person or entity including without limitation on account of the followings:

• • infringement or alleged infringement by You of any rights in and to patents, trademarks (registered or unregistered), service marks, logo, design rights, copyright, rights to extract or re-utilise data from a database or other database rights, registered designs, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party; or

  • use or misuse of the services of the Platform by You; or

  • if You breach any of the Terms of Use or/and Privacy Policy; or

  • if any representation and warranty made by You being incorrect, false and misleading in any manner whatsoever; and

  • any third party claim or any offence committed by You in any manner whatsoever and under all applicable laws.

CONTACT US

To ensure that your concerns are addressed and resolved in a timely manner, Bharatage Innovations Private Limited (WeListen) has formulated an escalation matrix as set out below.

Level 1: Customer Support

Email: contact@we-listen.club
Timings: Monday to Saturday 10 AM to 7 PM ET

Our customer support aims to resolve all your complaints within 3 business days

Level 2: Escalate to our Grievance Cell

Email: grievance@we-listen.club

Working hours: Monday to Friday from 10:00 a.m to 7:00 p.m ET. We aim to resolve your complaint within 10 business days.

MISCELLANEOUS

These Terms shall be governed by, construed and enforced in accordance with the laws of India without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Platform, shall be brought only in either the courts located in Delhi, India, and you expressly consent to the jurisdiction of said courts.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the partie' Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.