Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE “TTBE-
This website http://www.Talktobigears.com (“Website”) is owned and operated by Testing Private Limited, a company incorporated under the laws of India, having its registered place of business in New Delhi.
Your use of the website is an acknowledgment that you have reviewed the terms and conditions (the “Agreement”), agree to comply with, and be legally bound thereby. These terms and conditions govern your access to and use of the website and the services (as defined below). If you do not agree to these terms and conditions, you must refrain from using the website and services.
Company: “Talktobigears”, “Talktobigears.com”, “Talktobigears.com”,“Talktobigears.com”,”BE”, “Company”, “Firm”, “we”, “our”, “us”, “Service Provider” or similar terminology are all in reference to Testing Private Limited as a provider of services for the remainder of this document.
User: “Client”, “user”, “you”, “your” or other similar terminology are all in reference to you as the user of the website as a recipient of our services and resources for the remainder of this document.
Therapist: “Psychologist”,“Psychological Wellness Practitioner”, “Psychological Wellness Professional”, “Wellness Professional”, “therapist”, “wellness advisor”, “expert”, “doctor”, “consultant”, “coach”, “buddy”,
“counsellor”, “mentor”, or similar terminology are all in reference to the therapist.
Registration: Means your registration with us to allow you to access the platform provided by us;
Platform: This means the services provided using this website;
Site: Means the use of this website to obtain access to therapist;
Services: Means the collective offering like assessment or therapy or counselling, information, advice or any other input for benefit of the user as elaborated below;
TTBE e-wallet: This means the closed system pre-paid payment instrument issued by Talk to big ears;
TTBE e-wallet Account: This means the customer wallet account is classified as closed system payment instruments issued by accepting minimum customers details being customer name, e-mail address and, mobile number, which permit payment for purchase of eligible services from our platform only;
Force Majeure Event: Means any event arising due to any cause beyond the reasonable control of Talk to big ears;
Transaction: Means purchase of eligible services on the Talk to big ears platform;
Referrer: Means the person whose referral code has been used to sign up;
Referral Code: Means a unique code assigned to the referrer by the Company;
Referee: Means the person who signs up using a valid referral code;
Referral Discount: Means any incentive provided by the Company to the referrer or the referee;
Referral Program: Means the process under which the referrer or the referee uses the referral code on the platform, to avail the referral discount;
If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you must notify the appropriate personnel or visit the nearest hospital or emergency room. The same applies in case of a medical or psychological health emergency. Talk to big ears does not deal with emergencies – medical, psychological or otherwise.
Nature of Service
Talk to Big ears is an online mental health & holistic well-being platform that offers clients the ability to connect with experts (who have been authorized by Talk to Big Ears to use the platform for delivering their services) and obtain one-to-one online therapy consultation with any of them depending on your area of concern. All therapists on the Talk to big ears panel are screened.
Talk to big ears offers services that may include/are:
• Chat, audio and video sessions
• Face to face sessions at specific clinic locations
• Online assessments
• Offline & online programs for corporate and educational institutions
The aforementioned shall hereinafter be referred to as “Services”.
The Therapist And Their Services
The platform enables you to communicate with a therapist for availing of the services.
We assume no responsibility for any act, omission, or doing of any therapist. We make no representation or warranty whatsoever as to the willingness or ability of a therapist to give advice.
We make no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory, or suitable to for your needs. We do maintain adequate quality control at the time of empanelment of the therapist for services regarding their qualification, experience, and expertise however, we do advise you to check if any specific service as well as whether a therapist is categorized correctly or matched correctly to you.
We do not practice counselling or medicine or any other licensed profession, and does not interfere with the practice of medicine or counselling or any other licensed profession by therapists, each of whom is responsible for their services and compliance with the requirements applicable to their profession and license, Talk to big ears operates the site as an online platform.
While we may try to 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, degrees, qualifications, license, certification, credentials, competence or background of any therapist. it is your sole responsibility to conduct independent verification regarding any therapist that provides you with services (whether through the platform or not) and we strongly recommend that you will conduct this verification prior to communicating with any therapist through the platform and on a continuous basis as you use the platform.
Your relationship relating to the services is strict with the therapist. We are not involved in any way with the actual substance of that relationship or any part of the service (whether provided through the platform or not), and we do not validate or be involved in any of the services.
In case you make a payment through the platform or make any payment to us, part of the payment is made to the therapist for the services, and taking a portion of this payment is for the use and operation of the platform (“Platform Use Fees”). However, we will not be deemed as the therapist of any services regardless of payment.
Use Of The Platform/Site
As operators of the platform, our role is strictly limited to facilitating the communication between you and the therapist and to enable the provision of the services. It is up to you to consider and decide whether these services are appropriate for you or not.
The platform does not include the provision of medical care, or other professional services by us.
The services may change from time to time, at the sole discretion of Talk to big ears, and these terms and conditions will apply to your visit and use of the site to avail the services, as well as to all information provided by you on the site at any given point in time.
We make no representation or warranty whatsoever as to whether you will find the services relevant, useful, correct, satisfactory or suitable to for your needs.
You agree, confirm and acknowledge that although the therapist may provide the services through the platform, we cannot assess whether the use of the therapist, the services, or the platform is right and suitable for your needs.
You agree, confirm and acknowledge that you are aware of the fact that the services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the services. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counsellor, by face-to-face appointment, because of information or advice you received through the platform.
The platform is not intended for the diagnosis, including information regarding which drugs or treatments that may be appropriate for you, and you should disregard any such advice if delivered through the platform.
The platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to third-party content (including but not limited to links to other websites) or advertisements which are related to third party content. You confirm and acknowledge that we have no responsibility over any such third party content, including (but not limited to) any related products, practices, terms, or policies, and that we will not be liable for any damage or loss caused by any third-party content.
If you are thinking about suicide or if you are considering to take actions that may cause harm to you or to others or if you feel that or any other person may be in any danger or if you have any medical emergency, you must immediately call the emergency service number and notify the relevant authorities. You acknowledge, confirm, and agree that the platform is not designed for use in any of the aforementioned cases and that you must not use the platform in any of the aforementioned cases.
You are advised to exercise a high level of care and caution in the use of the platform and the services.
Applicability Of These Terms
Your access to and use of the services is conditioned on your compliance with these terms and conditions. By becoming a registered user and/or accessing and/or using the services, the site, or any portion of the services or the site, you agree to be bound by these terms and conditions and all applicable laws and regulations governing the services.
If you do not agree with these terms, you are not authorized to access or use the services for any purpose. Additional terms and conditions applicable to specific areas of the site or to particular transactions are also posted in particular areas of the site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use the site.
By agreeing to this agreement you are also agreeing to the terms of the platform cancellation & refund policy available at https://www.BigEars.com/cancellation-refund-policy(the “Cancellation & Refund Policy”). The cancellation & refund policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the cancellation & refund policy.
To the extent service is provided to you by a therapist, such advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by Talktobigears, but are provided by your therapist.
The content on the site (other than a direct response from a counsellor) is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. You should always talk to your medical professionals for diagnosis and treatment, including information regarding which drugs or treatments may be appropriate for you. None of the information on the site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.
Restriction on the Use of the Platform by Children
The platform is available for use only if you are 18 years or above. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these terms and conditions and our other policies.
Your Role, Representations, Conduct and Commitments
- You hereby confirm that you are 18 years of age or older, not otherwise incompetent to contract under the
· Indian Contract Act, 1872 and that your use of the website shall not violate any applicable law or regulation;
- You hereby confirm and agree that all the information that you provided in or through the platform, and the information that you will provide in or through the platform in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of this agreement, you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure, or any of the platform’s systems, services, servers, networks, or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the platform for the posting, sending or delivering of either of the following:
a) unsolicited email and/or advertisement or promotion of goods and services;
b) malicious software or code;
c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
d) any content that infringes a third party right or intellectual property;
e) any content that may cause damage to a third party;
f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• If you receive any file from us or from a therapist, whether through the platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
• You agree that you shall pay all fees on time. In case of late payment, Talk to big ears reserves the right to levy a charge/interest on the outstanding amount.
• You agree that you take responsibility to check the technical specifications required before making a booking for a session.
• You agree to not seek other person’s contact information through our website.
• You agree that a promo code, once used, shall not be refunded in case of cancellation of service either by you or Talk to big ears or the therapist.
• By accepting these terms and conditions, you acknowledge that you understand and agree with the following:
i. you understand that you may expect the anticipated benefits from the use of counseling in your care, but that no results can be guaranteed or assured;
ii. your therapist may determine that the services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide services to you through the site;
iii. You agree and acknowledge that the services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the services.
Restrictions On Conduct
In addition to the aforementioned points, without limitation, you agree that you will not do any of the following while using or accessing the platform:
• upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
• upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
• use the services to collect or store personal data about other users without their express permission;
• knowingly include or use any false or inaccurate information in any profile;
• upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the services, or interfere with the access of any other user to the services;
• circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict the use or copying of any content;
• use any meta tags or other hidden text or metadata utilizing a Talk to big ears name, trademark, URL, or product name;
• attempt to probe, scan or test the vulnerability of any Talk to big ears system or network or breach or impair or circumvent any security or authentication measures protecting the services;
• attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the services;
• use the services in any way that competes with Talk to big ears, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit treatment providers, directly or indirectly; or
• encourage or instruct any other person or entity to do any of the foregoing.
In order to access the platform and the services, you will be required to register on the site. When you register on the site, you are required to create an account (“Account”) by entering your name, email address, password, phone numbers, payment information and certain other information collected by us (collectively “Account Information”).
To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our services.
You agree that the account information that you provide to us at all times, including during registration and in any information you upload to the site will be true, accurate, current, and complete and you shall, at all times, be solely responsible for the accuracy and/or completeness of your information.
You may not transfer or share your account password with anyone, or create more than one account (with the exception of subaccounts established for children of whom you are the parent or legal guardian).
You also must provide us with personal identification information, billing information, and certain other information, as specified on the site. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We advise you to change your password frequently and to take extra care in safeguarding your password.
The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the site and your account information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the site, your use of the account information or your release of the account information to a third party. You may not use anyone else’s account at any time.
You agree and confirm that your use of the platform, including the services, are for your own personal use only and that you are not using neither the platform nor the services for or behalf of any other person or organization.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your account access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your account access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:
a) your access to or use of the platform;
b) any actions made with your account or account access whether by you or by someone else;
c) your violation of any of the provisions of this agreement;
d) non-payment for any of the services which were provided through the platform;
e) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. This clause shall survive the expiration or termination of this agreement.
By creating an account and/or using services on the platform, you expressly consent to the use of:
· electronic means to complete these terms and conditions and accordingly to form a legal and binding contract between you and Talktobigears and to provide you with any notices given pursuant these terms and conditions; and
· electronic means to store information/records related to these terms and conditions, any account information provided by you and/or any other information provided by you during the course of utilization of the services. Talk to big ears cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You will be issued a TTBE e-wallet account immediately after a successful registration.
You may add money to or recharge your TTBE e-wallet through online payment methods such as domestic credit/debit cards and net banking. 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 TTBE e-wallet. Except as provided hereunder, amounts in your TTBE e-wallet will not be refunded to you under any circumstances.
You may note that withdrawing money from TTBE e-wallet is not allowed. Any outstanding credit in the TTBE e-wallet must be utilized only to make payments for bona fide transactions.
TTBE e-wallet is not transferable.
You may add money into your TTBE e-wallet up to a maximum of INR 50,000 (Rupees fifty thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your BE e-wallet. Additionally, the balance in your TTBE e-wallet shall not exceed INR 50,000 (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 TTBE e-wallet services to you at any time, for any cause, including, but not limited, to the following-
• For any suspected violation of the terms and conditions;
• For any suspected discrepancy in the particular(s), documentation or enrolment form provided by you;
• To combat potential fraud, sabotage, willful destruction, a threat to national security, or for any other force Majeure event;
• If the same is due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
• If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
• If the mobile connection with which your TTBE e-wallet is related ceases to be operational or in your possession or control;
• If the Company believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
The value stored on your BE e-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 BE e-wallet.
You are permitted to maintain and operate only one TTBE e-wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by the Company of any of all TTBE e-wallet associated with you on the Talk to big ears platform. Any operation of or continued availability of any facility with respect to the TTBE e-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.
TTBE e-Wallet Validity
Any value in your TTBE e-wallet, which is utilized towards making payments for any transaction, shall be automatically debited from your TTBE 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 the TTBE e-wallet.
Your BE e-wallet shall remain active at all times. However, the amounts in your TTBE 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 TTBE e-wallet amounts one month in advance, by email to your registered email address.
BE e-wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. BE e-wallet availability is subject to the maintenance of a mobile phone handset and other application on which platform can run and the customer is solely responsible for all liability arising from unavailability of the platform due to a deficient mobile handset or the internet service provider not being able to support any BE e-wallet channel or application.
You must ensure the availability of sufficient funds in your BE e-wallet before executing any transaction from your BE e-wallet.
You shall be solely responsible for the confidentiality, safety and security of the password. 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 BE e-wallet.
Information submitted by you for availing TTBE e-wallet and/or information submitted while using BE e-wallet may be shared by the Company with any affiliate of Talk to big ears or any third party, inter alia, to facilitate the provision of BE e-wallet or for the purposes specified in the terms and conditions.
You specifically agree that in order to facilitate the provision of BE e-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 customer, while adding money to or recharging the BE e-wallet or while executing transactions on the platform, shall not be refunded to the customer by the Company in any circumstances.
You agree that in the event of any dispute, Talk to big ears records shall be binding as conclusive evidence of the transactions carried out through the use of TTBE e-wallet.
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 Talk to Big Ears.
You agree that any credits or rewards from Talk to big ears added to your TTBE e-wallet would not be refunded back to you in any case.
You agree that the referral program is valid only for registered users only. 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.
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 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 a customer’s account at any time if such sharing of the referral code is in contravention of these terms and conditions.
The maximum limit of referrals a 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-transferable, 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 BE e-wallet and such referral discount is non – refundable in any case.
Payment Fee, Cancellation & Refund
You confirm and agree that all payment related information that you provided and will provide in the future, to or through the platform, are accurate, current and correct and will continue to be accurate, current, and correct.
You confirm and agree to use only payment means (credit cards or others) that you are duly and fully authorized to use.
You agree that all current and future interactions (whether online or offline) between you and therapist will be made, managed, and billed through the platform.
If, for any reason, an interaction between you and the therapist is not made through the platform, you agree that it will be billed through the platform and that the standard platform fees will be charged and delivered to us even if the platform hasn’t been used for this interaction.
For more information on payment methods, charges and fees, the user shall refer to the Payment section on the website. Talk to big ears reserves the right to change any or all parts of Payment policy without notice or liability to the user or any third-party.
All cancellations and refunds will be handled as per the Cancellation & Refund Policy of the Company. For more information on cancellations and refunds, the user shall refer to the Cancellation & Refund Policy on our website. Talk to big ears reserves the right to change any or all parts of the Cancellation & Refund Policy without notice or liability to the user or any third-party.
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:
i. 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 a certain types or
ii. Category of medicines/medicinal products
iii. Symptoms and associated medicines/medicinal products generally administered in such cases.
You understand that any information/details provided in the E-Prescription received by You through this e-platform 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 Talk to big ears is not responsible 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, Talk to big ears is acting as a mere platform connecting You (as the User) with the India wide Therapist/Psychologist/Psychiatrist/Counsellor to avail e-consultation services. Talk to big ears 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 Talk to big ears advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
Talk to big ears 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 advice 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.
Practitioners agree and acknowledge that Talk to Big Ears does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide this Platform 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 applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgment and agree to use his/her discretion while relying upon the same for treatment-related advice, decisions, or otherwise.
Talk to big ears does not represent or warrant that the information provided herein will meet the requirements or expectations of the Practitioner and that any content, material, or results that may be obtained from the 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.
The content/information provided in the E-Prescription received through this e-platform 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 VIEWERS ON AN, "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TALK TO BIG EARS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED
HEREIN. TALK to Big Ears 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/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.
The use of the feature herein and the content is at the User’s sole risk and consequence. Talk to bigears shall not be responsible for the results of the User’s decisions resulting from the use of this feature.
The viewers/Users/Practitioners hereby release and agree to hold harmless Talk to big ears, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners 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.
Talk to big ears provides services over the internet. Usage of our website or online resources is subject to the
Cancellation & Refund Policy
Talk to big ears provides services over the internet. Usage of our website or online resources is subject to the Cancellation & Refund Policy of the Company and is provided on the Cancellation & Refund Policy page of the website. Please read the Cancellation & Refund Policy carefully. Talktobigears reserves the right to add, change, or remove sections from the Cancellation & Refund Policy without notice or liability to any third party.
User Forums, Topics, Replies, Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send or submit forum topics, replies, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
1) to maintain any comments in confidence;
2) to pay compensation for any comments; or
3) to respond to any comments.
Talk to Big Ears, however, guarantees that all communication between the user and Talk to big ears and / or the therapist within the ambit of therapy shall be kept confidential, subject to compliance with applicable laws.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
Users must note that Talktobigears is an interactive service and other users are free to post their own comments on various content of the site. The website publishes articles provided by various authors as well. The contents/viewpoints expressed in these comments/posts/articles etc. are their authors’. Such content does not indicate the official position of Talk to Big Ears, in any way, expressed or implied.
Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the platform, any part of the platform or the use of the platform, whether to all customers or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the platform and any services provided by through the platform at our sole discretion for any reason and for any period of time.
The platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
The services, the site, and all information and/or content that you see, hear, or otherwise, experience on the site (collectively, “Content”) are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to Talktobigears, the services, the site, and the content, your right including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in Talktobigears by your use of the services or the site.
For the sake of brevity, it is expressly clarified herein that any and all content including, but not limited to, user generated content and/or information collected directly or indirectly from users and therapists shall belong solely and exclusively to Talktobigears. Copying any such copyrighted content from the site for any purpose, whether commercial or otherwise, shall be a violation of Talktobigears’s copyright and Talktobigears reserves all its rights and remedies in law in relation to such violation.
Your License to Use the Services
When you use our services or site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these terms, Talktobigears grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the services and to download and print any content provided by Talktobigears solely for your personal and non-commercial purposes. you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services or content, except as expressly permitted in these terms and conditions, without
Talk to Big Ears’ express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Talk to Big Ears or its licensors, except for the licenses and rights expressly granted in these terms and conditions.
Third-Party Websites; Advertisements
We may make available, on our site and as part of our services, links to third-party websites or resources from third parties on the site. Talk to Big Ears is not responsible or liable for the availability or accuracy of, and Talktobigears does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. when we make available such third-party links or resources on the site or through the services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product / service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.
Disclaimer of Warranties
You agree, confirm and acknowledge that the platform is provided “as is” and therefore you will not have any claim or demand against us. The use of the platform is at your sole risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to merchantability, non-infringement, title, operability, security, the accuracy of data, system integration fitness for a particular purpose or accuracy.
You expressly agree that the use of the platform is at your sole risk.
You acknowledge and agree that the company does not itself provide medical advice, diagnosis, or treatment but is a platform that provides you with help by enabling therapists to use the platform. You acknowledge and agree that the therapists using the site will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of therapists, in their sole discretion, as they deem appropriate.
We do not assume, and will not be liable for: (a) the accuracy or availability of the platform or any part of the platform; or (b) any damages, harm or injury arising from or related to the platform, the therapist or their services.
You hereby release us and agrees to hold us harmless from any and all causes of action and claims of any nature resulting from the therapist services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any mental health professional or any other provider in a field requiring licensure and/or certification, who may be accessed through the platform.
Talk to Big Ears and its licensors and affiliates to disclaim any warranties regarding the security, accuracy, reliability, timeliness, and performance of the services or that the services will be error-free or that any errors will be corrected. No advice or information provided to you by Talktobigears will create any warranty that is not expressly stated in these terms and conditions.
We make no representations concerning, and do not guarantee, the accuracy of the services, including, but not limited to, any information provided through the services or their applicability to your individual circumstances. Our services and site content are developed for use in India and Talktobigears and its licensors and affiliates make no representation or warranty concerning the services or site content when they are used in any other country.
Limitation of Liability
You agree, confirm and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages, or any loss of life or health.
You further agree, confirm and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you through the platform in the 3 months period prior to the date of the claim.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the services, the site, or the content or our relationship with you, regardless of theory, must be brought within 3 (three) months after the occurrence of the event giving rise to the claim or cause of action or be forever barred.
Talktobigears or therapist from whom you receive services on this site may be required to report confidential information if they have reason to believe that a patient is likely to harm others or himself/herself and in no event shall Talktobigearsor therapists be liable for such disclosure of your confidential information.
This section (limitation of liability) shall survive the termination or expiration of this agreement.
We may provide notices or other communications to you regarding this agreement or any aspect of the platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to support@Talktobigears.com
You will indemnify, defend, and hold harmless Talktobigears, therapists and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
• your access to or use of the services, the site, BE e-wallet or the content;
• your violation of any of the provisions of these terms and conditions;
• any activity related to your account by you or any other person accessing the site or services through your account, including, without limitation, negligent or wrongful conduct; or
• your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Talktobigears reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Changes to These Terms
Talktobigears reserves the right to change terms and conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to our site. Your continued use of our services or the site will constitute your agreement to the changes we have made. The last date these terms and conditions were revised is set forth at the end of this document.
Should one or more provisions of these terms and conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the terms and conditions, which will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this agreement.
In accordance with Information Technology Act, 2000 and rules made there under, to address the grievances of the users, Talktobigears has set up a Grievance Redressal Forum.
In case you are dissatisfied with any aspect of our services, you may contact our Grievance Redressal Officer at support@Talktobigears.com
We assure you a time-bound response not exceeding one month from the date of your complaint.
Jurisdictional policies of Talktobigears have been drafted in accordance and compliance with Indian laws. Any and all disputes arising between the user and Talktobigears with regard to this policy, including the interpretation of the terms of this policy shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
Registered Address: Green Park Ext, New Delhi- 110016.
Phone Number: +91-9810059909, +91-9899677882.
E-mail: support@Talktobigears.com, info@Talktobigears.com.