If you can stay positive in the negative situations then you win every time - Dr. A.P.J. Abdul Kalam

TERMS OF USE
These Terms of Use (“Terms”)constitute an Electronic Record under the Information Technology Act, 2000 and the Rules made thereunder and also as per the various provisions pertaining to Electronic Records in other Statues as amended by the Information Technology Act, 2000. These Termsare published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that requires the publishing of Rules and Regulations, Privacy Policy, user agreement for access or usage of the Website and/or Mobile App.
Please read the Terms and the privacy policy available at https://www.vlisteners.com/terms-of-use (“Privacy Policy”) before browsing/accessing the Website and/or Mobile App. The Terms and Privacy Policy together form a legally binding document between the Entity and the User. These Terms of Useconstitute an electronic record and hence, such electronic record does not require physical, electronic or digital signatures.
Ekesvara Enterprise, a sole proprietorship concern of Mrs.Swati Talewar, having its registered office at 1304,13th floor, Dev Corpora, Cadbury junction, Eastern express highway, Thane - 400601(hereinafter referred to as ‘Entity’ / ‘We’) is the sole owner and operator of the mobile application named “V-Listeners- Mitram” (“Mobile App”). Further, the domain name “V-Listeners” is also owned and managed by and registered in the name of the Entity. The terms ‘us’, ‘we’ or ‘our’ shall be deemed to refer to the Entity.The term ‘User’, ‘You’ or ‘Your’ shall be deemed to refer to any user or viewer of the website including persons, natural or juristic, who shall access the website for services, and also includes persons casually visiting the Website and/or the Mobile App.The services of the Entity shall include the Communication Services, Visitation Services, and any other services that the Entity provides from time to time through the Website and/or Mobile App as may be deemed fit by the Entity,over which the Entity decides that these Terms shall apply (collectivelyreferred to as the “Services”). The term ‘Third Party’ shall refer to any person, natural or juristic, other than the Entity and the User.
Your use of the Website and/or Mobile Appor availing of any Services thereunder is subject to these Terms. Your transactions, activities and/or mere use of the Website and/or Mobile App including but not limited to registration to the Mobile App are governed by these Terms.
  1. Acceptance
When You register with Us on the Mobile App, or otherwise use our Website and/or Mobile App,You signify Your acceptance of these Terms. By impliedly or expressly accepting these Terms as theyare, You also accept and agree to be bound by the Entity Policies (including but not limited to Privacy Policy available on the Website and/or Mobile App) as amended from time to time. You are deemed to have read, understood and agreed to be bound by the Terms and the Privacy Policy if You continue to browse or use this Website and/or Mobile App.
The Entity, at its sole discretion reserves the right to change, modify or remove any content, images, portions or text or modify the Terms at any time without prior notice to You including but not limited to suspending Your access to the Services offered on the Website and/or Mobile App, at the discretion of the Entity. It is advised to review the content or Terms periodically for any updates or revisions.By accessing the Website and/or Mobile App after any changes or modifications to the Terms,Youirrevocably accept any such changes or modifications to the Terms in the future, and agree to abide by them.In such an event, You agree not to raise any claims, oppositions or proceedings against the Entity, and give Your consent to the fact that We will not incur any liability towardsYou or any Third-Party in respect of such revised Terms.If You do not agree to these Terms or any future alterations or modifications to these Terms, You must immediately discontinue use of the Website and/or Mobile App and any Services offered by it, and intimate such decision to us as per the terms and procedure specifically laid down herein.
You are entitled to discontinue use of the Website, Mobile App, and/or Servicesand such discontinuation must be intimatedto Us eitherthrough the Mobile App, or by emailing Us at raiseissue@vlisteners.comalong with Your login details.Alternatively, You may also intimate to Us Your decision to discontinue through appropriate features included in the Mobile App. We will strive to cancel Your subscription and delete Your account with Us upon receipt of such email/intimation. Further, in case You access Our Website and/or Mobile App or its content post intimation to Us about cancelling the same and till the time We disconnect, You hereby agree and understand that You shall be bound by the Terms.
If any of these Terms is determined to be unlawful, void, or unenforceable for any reason by any judicial or quasi – judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure to act with respect to breach of any of these Terms by You does not waive Our rights to act with respect to any subsequent or similar breaches that may be committed by You.
  1. Membership Eligibility
For Access to the Website and/or Mobile App
The User shall be required to register on the Mobile App in order to access the Services. The registration to the  Mobile App and the use of the Website and/or Mobile App is available only to persons who are Majors according to the Indian Majority Act, 1875 (i.e., persons above the age of 18 years) and persons who are capable of forming valid contract under the Indian Contract Act, 1872.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc., are not eligible to use the Website and/or Mobile App. By registering on the Mobile App, using or accessing the contents of the Website and/or Mobile App, You agree that You are above 18 (eighteen) years of age and are a person competent to enter into legally binding contracts under Indian Contract Act, 1872. If You are a minor below the age of 18 years or person disqualified by law from contracting, You shall neither register with the  Mobile App nor be eligible to access any contents or data or information available directly or via any links which may direct You to new domain or links including the contents of the Firm’s Website and/or Mobile App, or any Services. Further, the Entity reserves the right to terminate or suspend Your account at the sole discretion of the  Entity in case it is found that You are a minor below the age of 18 years or a person who is incompetent to contract or a person disqualified by applicable laws or competent Courts from contracting.
For Availing the Services
In order to avail the Services, a User must be above 50 (fifty) years of age, must accept the Terms and Privacy Policy, provide valid government ID proof (PAN Card and/or any other ID proof required/ accepted by the Entity), and additionally complete, accept and comply with any and all membership requirements/ working guidelines as contemplated under the Terms or required by the Entity, including any obligations monetary or otherwise. (“Members”). It shall be the sole discretion of the Entity to accept and/or reject such Users who are eligible to become Members for availing the Services given by the Entity.
  1. Description of Services
Communication Services
The Website and the Mobile Appoffer anonline platforms designed to facilitate and provide communication services to the Members, throughindependent representatives/ volunteers working with the Entity for the purpose of providing such services . Such services shall hereinafter be referred to as “Communication Services”.
Visitation Services
The Entity, through its Mobile App, also offers visitation services to the Membersthrough its representatives, ie ‘Mitrams’,to enable the Members to physically meet and interact with theMitrams or certain limited purposes such as playingindoor games, having conversations, engaging in activities of cooking, drawing, painting,going on walks, visiting doctors or temples etc. with the Members, which shall be pre-identified by the Entity and provided for expressly on the Website and the Mobile App ("Activities"). A Member shall be required to register himself/ herself on the Mobile App, cite details of the nature of requirement from the Mitram, provide information on his/her age and medical details, details of the language in which the Member is desirable to avail the Services, and request for a Mitram for the Visitation Services, thereby specifying the duration and date for which the Visitation Services are required by the Member. For every newly registered Member, the Entity shall endeavour to match a Mitram with a Member to render the Visitation Service within 7 (seven) days from the date on which the request is raised by the Member.A Member may request a Mitram for a particular activity and/or for an overall general visit to have company of the Mitram. It is however, clarified that theVisitation Services shall not involve any personal connections, relationships or any intimate relationships to be established between the Mitram and the Member or any family member of the Member, and the Member shall take adequate measures to refrain from engaging in any such interaction. Such services shall hereinafter be referred to collectively as “Visitation Services”.
The Member hereby agrees that the dates and time of the Visitation Services once finalized and intimated to the Entity by the Member shall not be changed and/or revised in any manner whatsoever. In the event, any such request to change and/or revise the date and time of Visitation Services is allowed by the Member, such request shall be raised by giving a prior written notice of at least 2 (two) weeks to the Entity, which the Entity may decide to allow in its sole discretion.
The representatives rendering the Communication Services and Visitation services shall be collectively referred to as “Mitram(s)”. It is hereby clarified that theMitramsrendering Visitation Services shall be of the same sex and roughly the same ageas that of the Members, while Mitrams rendering Communication Services shall be above 18 (eighteen) years of age and of the same sex as that of the Member. Currently, the Services are offered only in the following languages: English, Hindi, Marathi.
In the instance where the Entity decides to discontinue any of its Services, the notice of such discontinuation shall be displayed at a prominent position on the Website and/or Mobile App, or in case of any specific service that were being rendered to any Member individually,discontinuation of such specific service shall be intimated to the respective Member via any personal mode of communication.
  1. Conditionsin relation to the Services
All Visitation Services shall be availed by the Member within the city of Mumbai. No Mitram and/or Member shall at any point travel outside the limits of Mumbai for any purpose in course of rendering the Services, unless the same is approved in advance in writing by the Us and the family members of such Member. In the event such out-of-town Visitation Services are approved as aforementioned, the Member shall ensure to keep updated the Entity and the family members of the Member regarding the whereabouts and status of such visitation at all times in a manner as required and pre-approved by the Entity.
It is hereby clarified that the Entity will not be liable and/or responsible for any other activities/ tasks undertaken by the Member while availing the Services, which do not fall within the scope of the aforesaid Activities or Services provided by the Entities. The Visitation Services shall be restricted to the Activities mentioned hereinabove and/or as specified in the Mobile App/Website. The Member agrees and undertakes to ensure that the Member does not ask/request/force or otherwise coerce or persuade the Mitram to engage in any household chores or activities similar to cleaning, washing, cooking etc. while availing the Visitation Services, and shall specifically refrain from engaging in any conduct that may be illegal, offensive, vulgar, immoral or unethical or otherwise be deemed to be demeaning, defamatory or derogatory to the Mitram or the Entity in any manner whatsoever. The Member shall refrain from consumption of alcoholic beverages and/or tobacco products orany product restricted under Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or Narcotic Drug and Psychotropic Substances Act, 1985, either by the Member itself oralong with the Mitram,nor shall the Member shall not force or require the Mitram to consume any such alcoholic beveragesand/or tobacco products, or any such product as mentioned above, while availing the Visitation Services.
The Visitation Services shall be availed by the Member for a minimum of 2 (two) hours and a maximum of 8 (eight) hours between the hours of 10 AM to 8 PM, unless otherwise decided by the Entity. It is hereby clarified that the Mitram shall not be required to render Services overnight. The Entity reserves the right to terminate any Visitation Services at any time without prior notice to the Member for any reason whatsoever.
Member shall, at all times, utilize the Mobile App and/or any method of communication pre-approved by the Entity for availing the Services of the Mitrams, and shall refrain from individually approaching or establishing any personal communication with any Mitram beyond the functioning of the Mobile App.
The Member hereby agrees that the Member may, upon the request of the Entity, be required to submit and disclose certain information pertaining to any and all health concerns and medical conditions of the Member, including but not limited to daily medicines, affinity towards allergy relevant ortimely medical examinations or medicinal dosages etc. to be implemented so that the same maybe communicated the Mitram to allow the Mitram to render the Visitation Services in accordance with such requirements and specifications applicable. The Member hereby represents and warrants that the Membershall make full and complete disclosure of any communicable diseases, grave or serious illnesses or chronic diseases that the Member may be afflicted with at the time of availing the Visitation Services, which in turn could pose a risk to the health and safety of the Mitram. In the event that the Member is diagnosed with such a disease or illness during the Visitation Service, they shall immediately notify the Mitram and take all necessary precautions to prevent the spread of the disease or illness.The Member shall comply with all requests made by the Entity for the provision of documents, which shall include, but not be limited to, consent for a background check including but not limited to, criminal check and/or police verification, as required by the Entity. This comprehensive disclosure, including background checks, is essential to ensure the safety of the Memberand the Mitram.
The Member agrees that it shall be the sole responsibility of the Member to manage his/her own health, including carrying any and all required medicines with him/her, ensuring that prescribed medications are consumed on time, taking care of their prescribed diet etc. It is hereby clarified that neither the Entity nor the Mitram shall at any time be responsible for the medical concerns or medical needs of the Member and further neither the Entity nor the Member shall at any time liable for any personal injury, ailment or the death of Memberduring the Term, which is not directly attributable to the acts/ omissions of the Mitram and/or negligence of the Mitram. Further to the foregoing, the Member shall at all timesarrange for their own food and drinks (including lunch, dinner, snacks etc.) as per their personal/ dietary requirements and the Member shall in no manner depend on the Mitram for these provisions.The Member hereby agrees and understands thatthe Entity does not guarantee that the same Mitram shall be available to the Member during every Visitation Service, and the Entity does not assure any specific number of visits per week or month. In the event a Member requests for a specific Mitram, then, the Member shall be required tointimate such request to the Entity at least 2 (two) days prior to availing the Visitation Services via email at customercare@vlisteners.comand/or through the Mobile App. However, the Member acknowledges that the Mitram(s) are not appointed exclusively for any Member and the Entity may accommodate a request for a Mitram,on a best-effort basis as per the availability of the Mitram(s). It is agreed by the Member that the Entity shall not be liable for any direct or indirect losses, damages, or injuriesincurred by the Member due to any act or omission of the Mitram committed during the Visitation Service.
During the Services, the Member shall not incur any expenses for and/or on behalf of the Entity. It is hereby clarified that the Entity shall not be responsible to bear any expenses in relation to the Member and/or the Mitramduring the course of the Visitation Services and any Activities undertaken by the Member and the Mitram shall be at the sole cost and expense of the Member and the Mitram respectively. 
The Member shall not disclose, share, or exchange any sensitive, personal or financial information including but not limited to heath/ medical details (except those disclosed to the Entity hereunder), bank account details, financial information of the family, legal documents etc. (“Personal Information”) with the Mitram; and any such disclosure made by a Member (if any) shall be at the sole risk of the Member, without any recourse to the Entity. The Entityshall not be liable in case of any loss, monetary or otherwise in relation to such disclosure of Personal Information to the Mitram, in any manner whatsoever. It is further clarified that in order to maintain confidentiality of Personal Information of both the Member and the Mitram, the Member shall not request and/or force the Mitram to disclose any Personal Information of the Mitram and in case of any inadvertent disclosure of such information, the Member shall ensure that all such Personal Information is strictly treated as confidential information as per the Terms contained herein.
Any payment for availing the Visitation Services payable to the Mitram and the Entity shall be done solely be through the authorized payment mechanism as laid down by the Entity from time to time and specifically addressed in the Mobile App.
  1. Membership
Your participation as a Member on the Website and/or Mobile App signifies that You agree and consent to the following:
  1. To be eligible to register as a Member of the Website and/or Mobile App,
  2. You have the legal capacity to enter into an agreement.
  3. Your registration on the Website and/or Mobile App is restricted to a single user account that will be used by You to avail of the Services provided on the Website and/or Mobile App.
  4. Creation of multiple user IDs or profiles on the Website and/or Mobile App is expressly forbidden and will result in Us deleting the accounts and debarring access to the Services for all Users who undertake such activity or indulge in such practices. We reserve the right to suspend Your account and prohibit Your access to the Website and/or Mobile App should We have reasonable grounds to suspect that You have registered or have availed of the Services provided on the Website and/or Mobile App using multiple user IDs for any reason whatsoever including to circumvent the laws and regulations of the Website and/or Mobile App.
  5. You will be liable to comply with all applicable laws while registering on the Website and/or Mobile App. You agree to indemnify Us against any claims, expenses or liabilities by any person or entity arising out of Your non-compliance of any applicable laws and any of the Terms in a manner as more specifically mentioned herein.
  6. You acknowledge that the electronic mail address or mobile number registered with us is our primary method of contacting You and You agree to keep such address and mobile number updated at all times.
  7. You represent and warrant that You are acting as an individual in personal capacity and not on behalf of any organization providing similar services like Us, either commercial or otherwise. You understand and acknowledge that Your registration with us will stand terminated immediately and access to Your account shall be blocked if We decide on our discretion that You may have acted in violation of this clause. Notwithstanding the foregoing,We reserve the rights to either terminate Your account registered with Us or otherwise for non-usage or non-login using Your display name and password for at least once in 3 months.
  8. Payment
Visitation Services and/or Communication Services, along with any other service as offered by the Entity, may require Member to make payment of a non-refundable fee, at the time of registration and prior to availing such Services, as may be communicated to the Member by the Companyon the Mobile App(“Fee”).When the Member availsthe Visitation Servicesand/or Communication Services through the Website and/or Mobile App, Member hereby agrees to pay suchone-time Fee, as made available on the Website and/or Mobile App. The Feeshall be variable and shall be subject to the requested number of hours,days or weeks of such Services,including the Activities, etc. In case any additional services are specially requested by the Member, then such Fee shall be determined by the Entity at its sole discretion. The Entity hereby reserves its right to revise and change the Fee structure at any time at its sole discretion. The Member hereby agrees to make payment of the Fees in full (through the Website and/or Mobile App) prior to availing the Services.
The Member shall not be required to expend any further monies to the Mitram including gifts, tips etc. in relation to the Services being rendered by the Mitram.It is clarified that the any and all expenses made while availing the Services and/or engaging in the Activities shall at all times be made and be borne by such Member without any recourse to the Entity. The Fee shall be exclusive of any and alladditional expenses made by the Member while availing the Services or engaging in the Activities.
Communication and/or VisitationServices on the Website and/or Mobile App are additionally subject to the following terms and conditions:
  1. The Fee paid by You is non-refundable. We, therefore, recommend that You familiarize Yourself with and understand fully the scope of Our Services before availing the paid Services.
  2. Your registration details including Your name using which You have registered on the Website and/or Mobile App must correspond with the name and other details on Your credit/debit card or UPI IDor any other payment system or instrument. We reserve the right to verify Your identification details from time to time before effecting a transaction with You. At any point of time in Our transactions with You, if We detect or have reasonable cause to suspect that You may be involved with identity fraud, We may bar You from accessing the Website and/or Mobile App without prejudice to any other legal recourse We may have.
  3. You understand and agree that We reserve the right to suspend or terminate Your account with Us solely at Our discretion at any time and the Member shall not be entitled to the refund of any fees that was paid by the such Member to the Entity in any manner whatsoever. Further, should We have reasonable cause to believe that any fraudulent activity has been undertaken by You including, inter alia,
  4. using payment instrument(s)/details not belonging to You without permission of the owner of the instrument to make payments, or
  5. accessing someone else’s account without authorization,
  6. any fraudulent activity which is being carried out involving Your account,
 
We may, apart from terminating Your account and debarring You from future registration with Us, take recourse to due legal process for mitigation of the fraudulent activity.
It shall be Your responsibility to check the Website and/or Mobile App for change in the fees or charges. Your continued usage of the Website and/or Mobile App shall imply Your consent to the change in the Fee or other charges and You shall be bound by the same.
It shall be Your responsibility to provide full, accurate and adequate information such as credit/debit card details, bank account details and/or any other such necessary details required by the Bank Payment Gateway to process Your payment for availing Services through the Website and/or Mobile App. The information provided by You will not be used or disclosed to any Third-Party except otherwise required by the law to do so.
The Entity at all times reserves its right to change and/or introduce a new payment structure/mode/policy at its sole discretion, including the introduction of a premium membership model.
  1. Intellectual Property
All content, and material on the Website and/or Mobile App including but not limited to information, images, marks, logos, animation and software’s or any other works (collectively referred to as “Content”) are protected by applicable intellectual property laws. We grant You limited, non-exclusive, non-assignable, non-sublicensable, revocable, limited license to access the Website and/or Mobile App according to the Terms. You shall comply with the Terms and all applicable laws when using the Website and/or Mobile App. Content contained on the Website and/or Mobile App is owned and controlled by the Entityand/or its affiliates, andis protected by copyright, patent and trademark laws, and various other intellectual property laws. Except as expressly provided in these Terms, any part of the Website and/or Mobile App shall not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Entity’s express prior written consent. This license does not include any resale or commercial use of Content of the Website and/or Mobile App; or any collection and use of any product listings, descriptions, or prices or any downloading, copying, or other use of account information.
Any use of data mining, robots, artificial intelligence (AI), or any other use of unauthorized technologies which are not explicitly licensed under a written agreement signed by Entityshall be strictly prohibited. Neither the Website and/or Mobile App nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non-commercial purpose without the express written consent of Entity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Entity without express written consent of the Entity. You may not use any meta tags or any other “hidden text” utilizing Entity’s name or trademarks without the express written consent of Entity. You may not misuse the Website and/or Mobile App.
Any use of the Website and/or Mobile Appor its Content without consent for any unintended purpose like advertisement, publicity or any other purpose will be considered an infringement of Our proprietary and intellectual property rights and will make You liable for legal action and claim for compensating the Entity. Further, You may not Yourself or through a third person or through any automated program or any system or any technology commit any act, implied or express, which violates any intellectual property right including copyright and trademark rights in any Content.  You hereby agree that You shall not use the domain name of the Website and/or Mobile App or any information either visual or contents or abstracts therein without obtaining an explicit and specific permission or grant exclusively issued to You by the Entity in writing. The Entity solely reserves the right of granting such permission to You and You are not liable to make any claims in comparison to any permission that has or was granted to any other person or an entity registered or exclusively sought such permission without registration to the Website and/or Mobile App. Further, the Entitydoes not take any responsibility of accuracy, reliability,completeness, correctness, integrity, or quality ofContent or any other content posted by the Users or any third party on the Website and/or Mobile Appand You agree that if You rely on such Content, You do so solely at Your own risk and liability.
  1. Reporting
If You are the lawful owner of any intellectual property or a person duly authorised by the owner of intellectual property and if You have sufficient grounds to believe that Your intellectual property has been infringed by any of the content of the Website and/or Mobile App, then kindly send an e-mail in this regard to raiseissue@vlisteners.com mentioning the following:
  1. Your full name and contact details such as address, phone number, e-mail id, etc.
  2. Identification and detailed description of the intellectual property that has been infringed.
  3. Details of the proof along with the necessary documents which serve as proof of Your claim to the intellectual property of the Content in question.
  4. A statement by You that You have bonafide reason to believe that the use of content in question in the Website and/or Mobile App is not authorized by You (owner), assignee, licensee or any person authorized by You in this behalf and that it amounts to violation of the intellectual property owned by You in respect of that content.
  5. A statement by You undertaking that the information provided by You in Your notice claiming the intellectual property is correct, accurate and complete.
 
  1. Link to Third Party Sites
The Website and/or Mobile App may contain links to third party URL or domains or websites, applications, or its contents. If You visit any such third party content, You will be subject to terms and conditions posted on it. We neither control nor are responsible for Content on such websites or applications. The fact of a link existing on our Website and/or Mobile App to a third-party website or applications does not account to any endorsement of that website or application by Our Entity. You understand that activities on such third-party websites and applications are solely an agreement between You and such third parties. You agree and acknowledgethat You will not hold Entityliable in any manner for any loss or damage You may incur or have incurred as a result of any of Your transactions with such third parties either directly or indirectly.
  1. Your Responsibilities
You are legally responsible and liable for all ofYour activities on the Website and/or Mobile App.You will not impose editorial comment, commercial material or any information on the Website and/or Mobile App or alter or modify Content on the Website and/or Mobile App, or remove, obliterate or obstruct any proprietary notices or labels.
Subject to Entity’s Terms herein, any communication or material added by You in the form of, including but not limited to, images, pictures, photos, videos, any literary works, artistic works, musical works, and/or other works of Activities undertaken by You during the Visitation Services, that You transmit to the Website and/or Mobile App and/or to Us, whether by email,comments, content, posts, or other means, for any reason, will be treated as non-confidential and non-proprietary member content, (“Member Content”). While You retain all ownership rights to the Member Content, You grant Us (including our employees and affiliates), a non-exclusive, perpetual, royalty-free, irrevocable and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, exploit, and otherwise use the Member Content for any purpose whatsoever, regardless of the form or medium in which it is used, and including the right to sublicense such rights in the Member Content to third parties.In the event the Member is desirous of sharing such Member Content with the Mitram, it shall at all times be routed through the Mobile App.
By viewing or using the Website and/or Mobile App or availing of any Services or using communication Services including but not limited to chat rooms, blogs, email services or any other real time or non-instant messaging facility provided by the Website and/or Mobile App, You acknowledge that You may be exposed to content posted by other users which You may find offensive, objectionable or indecent. You agree that You will not hold the Entity liable for such contents however You may bring such incidents or contents which You feel offensive or vulgar or unethical or unlawful in the notice of the Entity by writing Us at raiseissue@vlisteners.com or review and the Entity shall after due consideration take appropriate action deemed fit if the Entity feels such action is justified to be initiated. Further, You agree that You will not post any such contents which are offensive or vulgar or unethical or unlawful on the Website and/or Mobile App which may harm or feel humiliated to an individual or a group of users or harm religious sentiments of any person or of a religion or cast or any community.
  1. Account
Access to the Website and/or Mobile App does not require disclosure of any information. However, to use the services under the Website and/or Mobile App, You may be required to furnish certain information. During the registration process, You will be required to choose an electronic mail address as a login name and a password and give Us Your contact details including Your name, postal address, email address, telephone number(s). You undertake that You will update this information and keep it current. You acknowledge that We may,at any time require, verify the correctness of this information and in order to do so, We may require additional documentary proof from you, failing which We reserve the right to take any action deemed appropriate by Usincluding deleting Your profile. In case of loss of confidential information or any breach of Your account information, inform us by sending a mail to raiseissue@vlisteners.com.
If You use the Website and/or Mobile App, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your profile name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and/or Mobile App and refuse to provide You with access to the Website and/or Mobile App.
  1. Your Account and Registration Obligations
You willnot create a login name or password or upload, distribute, transmit, publish or post through or on the Website and/or Mobile App or through any service or facility including any instant or non – instant messaging facility provided by the Website and/or Mobile App, any content which is defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing or which contains expressions of hatred, racial discrimination, pornography or are otherwise objectionable, or which would constitute incitement to commit a criminal offence, violate the rights of any person, or violate any law. Your login name or Content should not disparage in any manner the Entity or any of its sponsors, products, Services, or Website and/or Mobile App.
You will not upload, distribute, or publish through the Website and/or Mobile App, Content which may contain viruses, malware or computer contaminants (as defined in the Information Technology Act 2000 in force in India) which may interrupt, destroy, or limit the functionality or disrupt any software, hardware, or other equipment.
While using the Website and/or Mobile App or availing the Services, You undertake not to host, display, upload, modify, publish, transmit, update or share on the Website and/or Mobile App or otherwise with the Mitram any information that-
  1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
  2. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or is harmful to child;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. belongs to another person and to which the User does not have any right;
  6. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  7. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows You to obtain unauthorized access to any data or other information of any third party;
  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
  9. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the Website and/or Mobile App, or attempts to gain access to other network or server via Your account on this Website and/or Mobile App; or
  10. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
  11. impersonates any other person, including any of our employees or representatives.
 
In addition to the above, the User and/orMemberfurther undertakes not to-
  1. Violate the Terms and/or Privacy Policy
  2. Make unsolicited communication to other Users of the Website and/or Mobile App;
  3. Intentionally submit any false, inaccurate, inadequate, fraudulent and incomplete information;
  4. Transmit any information in any manner, including but not limited to advertisements, hyperlinks, post on the Website and/or Mobile App which are detrimental to the interests of the Entity.
 
  1. Disclaimer
The Userand Member hereby acknowledges and expressly agrees that:
  1. The Entity expressly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non – infringement, merchantability and fitness for a particular purpose in respect of the Website and the Mobile App.
  2.  
  3. You understand and acknowledge that the Website and Mobile App is merely a platform or an interface and nothing more. Therefore, Your interactions and dealings with entities found on or through the Services, whether commercial or otherwise, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and theEntity. You should make whatever investigation or precaution and verification of credentials of the entity You are dealing with You feel is necessary before proceeding with any online or offline transaction with the Entity.Entity does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Website and/or Mobile App or its Content including software, Your account or continued operation or availability of any facility on the Website and/or Mobile App and that You voluntarily and with full knowledge risk such contingencies as aforesaid when You use the Website and/or Mobile App. The Entity disclaims responsibility for all and any damages due to viruses, worms, bugs that may infect Your computer system and network because of Your browsing or using of Website and/or Mobile App and downloading any images, files from the Website and/or Mobile App.
  4. You agree that in the unlikely event of interruptions in the Services or Your computer or handheld devices being affected by any viruses or computer contaminants from the Website and/or Mobile App, such outages would be with Your permission and that You will not file any claims for compensation under any law for the same.
  5. Additionally, the Entity does not promise or ensure that You will be able to access Your account whenever You want or 24 x 7 operational service. It is entirely possible that You may not be able to access Your account or the Services provided by the Entity at times or for extended periods of time.
  6. You agree to assume the whole and entire risk as to the results and performance of any Services availed by You on the Website and/or Mobile App as such result and performance among other things depends on Your Internet connection. You agree to bear entire cost of all servicing, repair and/or correction of Your hardware when You access or download any information available on the Website and/or Mobile App. We will not be responsible for any software or hardware failure or high volume of data usage consumed while accessing Our Website and/or Mobile App and contents therein and You will not claim any money or any form of compensation from Us in case such event(s). The Entity expressly disclaims liability for any delay or failure for You to access the Website and/or Mobile App.
  7. The Entity disclaims responsibility and liability for any harm resulting from suspension or deletion of Your account due to any reason whatsoever. If You are required to pay a fee or subscription based user of the Website and/or Mobile App, You acknowledge and agree that You will not be entitled to any refund in case of any service outages that may be caused by periodic maintenance of the Entity’s hardware or software, failures of its service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of the Entity.
  8. The Website and/or Mobile App is for the genuine listing of communication and entertainment services.The Entityshall not be liable to any loss or damage or any claim, civil or criminal, arising out of such posting. If it is found out by the Entity that any listing by any User/Member is not genuine or he/she is not the owner or person authorised by the owner to make such listing, then the Entity reserves full rights to remove such listing from immediate effect without intimation and bar such user from further listing on the Website and/or Mobile App and using the services thereunder.
  9. The Entity shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use the Website and/or Mobile App.
 
  1. Indemnity
You hereby agree to defend, indemnify and hold harmless the Entityand its employees, service providers, assignees, licensees against all liabilities, demands and / or claims whatsoever, including but not limited to claims, for loss, damages, costs, expenses including reasonable attorney’s fees arising for not being in compliance with applicable laws, rules and regulations and also against any losses, damages or expenses suffered or incurred or that may be suffered or incurred by the Entity for any reason whatsoever including as a result of and / or in relation to, any breach and / or non-fulfilment, non-performance by You and any of Your representations, warranties, undertakings terms and covenants set out in this Terms. To the fullest extent permitted by applicable law, You hereby waive all claims against the Entity and its affiliates, authorized licensors, distributors or financiers for any indirect, incidental, punitive, and consequential damages. In no event shall the Entity be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you, whether in an action in contract, breach of warranty or tort, even if You have been advised of the possibility of such damages. You are prohibited from independently entering into agreements, settlements, or terms with any party asserting claims, demands, or legal proceedings on behalf of the Entity. Any settlement, whether it involves monetary or non-monetary considerations, shall not be considered valid or enforceable by the Entity unless prior written consent is obtained from the Entity.
  1. Confidentiality
User hereby undertakes not to disclose, reveal or make public except with the prior written consent of the Entity or except if it is otherwise provided under the Terms, hereto, any information whatsoever concerning the Terms hereunder including any financial or revenue sharing information relating to the Entity, including any information provided by the Entityshall be kept strictly secret and confidential. User shall treat these Terms and other any other arrangements, if applicable, between the Entity and the respective User as confidential. User shall not, except with prior written approval of the Entity, disclose or make any public or other announcements of the arrangement covered by these Terms. User shall not make any public statement or press statement or provide any interview in connection with the Terms without the prior written approval of the Entity or commit any act which may prejudice or damage the successful completion or the reputation of the Entity and/or its Services.
  1. Limitation of Liability
THE WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ENTITYWEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES ARE PROVIDED BY ENTITY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ENTITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ENTITY WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, MOBILE APP OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ENTITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENTITY DOES NOT WARRANT THAT THE WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND/OR MOBILE APP, CONTENT OR SERVICES, ENTITY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY THEENTITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ENTITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ENTITY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE AND/OR MOBILE APP REFERENCED OR LINKED TO FROM THIS SITE WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ENTITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT PAID TO YOU BY THE FIRM.
  1. Advertisements
From time to time, the Website and/or Mobile App may include advertisements offered by third-parties. Any such correspondence or promotions, and the conditions, warranties or representations associated therewith, are solely between You and the advertiser. Entity assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
  1. Termination and Suspension
Our business may change over time and We reserve the right to cancel or suspend Our Service, in whole or in part, and to terminate Your access to and use of the Website and/or Mobile App, or Service: (a) at Our discretion without notice or (b) in the event of breach by You of these Terms; or (c) any gross misconduct, fraud or negligence. Any and allFee/ monies paid to Us for Services availed till the date of termination shall be non-refundable. In the event any subscription fee/premium membership fee has been paid, then the Entity may, at its sole discretion, make pro-rata refund of used/unutilized subscription fee/premium membership fee. If We terminate Your Service or access to Website and/or Mobile App for conduct that We determine, in Our discretion, to be violative of the Terms and/or any applicable law, and/or involving fraud or misuse of the Website and/or Mobile App and/or Service, or being harmful to Our interests, the interest of the Website/Mobile App or another User, then You shall be liable to pay damages as decided by the Entity. Our failure to insist upon or enforce Your strict compliance with the Terms shall not constitute a waiver of any of Our rights. Upon termination and regardless of the reason(s) motivating such termination, Your right to use the Services available on this Website and/or Mobile App will immediately cease and be revoked. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by Us in connection therewith.
  1. Miscellaneous
In addition to any exclusion provided by applicable law, Entity shall be excluded from any liability for non-delivery or delay in delivery of Content, or Services available through Our Website and/or Mobile App arising from any event beyond Our reasonable control, due to a force majeure event whether or not foreseeable by either party, including but not limited to: labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this Website and/or Mobile App is in conflict or inconsistent with these Terms, these Terms shall take precedence. The Terms which by their nature require survival shall survive the termination or expiration of Your use of the Website and/or Mobile App and/or the Service. Nothing in these Terms, express or implied, is intended to or shall confer upon any other third party any rights, benefits or remedies of any nature whatsoever. Partial exercise by the Entity of rights won't prevent any future exercise of such rights. Your sole and exclusive remedy for Entity's breach, termination, or cancellation of these Terms shall be an action for damages and You irrevocably waive any right to equitable or injunctive relief. The rights of the Entity are cumulative and not exclusive of other legal or equitable remedies available. Notwithstanding anything to the contrary contained in the Terms, the relationship between You and Entity shall be on a principal-to-principal basis. You shall not have any right to obligate or bind Entity in any manner whatsoever. The Entity reserves the unilateral right to assign its rights and obligations under this Agreement to third parties with notice to You. You may not assign any rights or obligations without the Entity's prior written consent.
  1. Jurisdiction
These Terms shall be construed, governed and enforced under the laws of India. You agree that the courts in Mumbai, India shall have the exclusive jurisdiction for all actions, relating in any manner to these Terms. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
  1. Grievance Officer
We takeutmost care to ensure the best in industry services to all Our Users. If You have any grievance with respect to the Website, Mobile Appand/or the Services, You may contact the Entity’s grievance officer at:
Notice may be sent to the Grievance Officer:
Name: HR training & development.
By E-Mail: raiseissue@vlisteners.com
Additionally, You can also contact the Entity at the following address:
1304,13th floor, Dev corpora, Cadbury junction, eastern express highway, Thane 400601