Terms Of Service
This agreement applies to and between you, the User of this website and Youth Listener (www.youthlistener.com). Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of this website. We like to ensure you are comfortable when using our website but If for any reason you do not agree to be bound by these Terms of Service, we regret, but you have to stop using the Website immediately. Please read these Terms of Service carefully before using this website or our service (the "Service") provided by Youth Listener ("us", "we", or "our").
In this Agreement “you” and “your” refer to users and prospective users of our website and services, “we”, “company”, “us” and “our” refer to Youth Listener or www.youthlistener.com and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the users and ourselves, or either the user or ourself. All terms refer to the assistance we provide to our users in the most appropriate manner, for the express purpose of meeting the user’s needs in respect to the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using www.youthlistener.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
Unauthorised access
It is unlawful to try and gain unauthorised access to this website, its servers, or any computer or database connected to this website. This is a user friendly and a very accommodating website, you should therefore avoid attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you do this, we will be forced to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will be forced to stop providing any further service to you.
Whilst we do all we can to ensure users are well protected and do not suffer any loss or harm, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment or other devices used to access this website, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. We advise all users to adequately protect their computers or other devices they might have used in accessing the site by using up-to-date anti-virus.
Age restriction
This Site is offered and available to users who are 18 years of age or older. If you are under 18, you may only use this site and our service with the expressed consent and supervision of your legal guardian or parent. By using this Site, you represent and warrant that you are of the required legal age stated on this website and have reviewed this Terms of Service and are willing to comply to with these terms.
This age restriction may differ from country to country. By using this Site and our application, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract, use our services and meet all of the foregoing eligibility requirements.
Our Services
The Youth Listener website (www.youthlistener.com) provides a platform for young people to access free online mental help assistance. We understand the importance of discussing our thoughts, ideas and how this helps our mental state. At Youth Listener, we match users with listeners who are available to listen and provide peer-to-peer support and ensure all users are being heard and supported.
The platform also provides access to motivational digital mediums such as articles, music, podcasts etc. that can help the state of mind of young people. We believe this will help reduce the stress caused by daily activities/engagement.
Please note that we are unable to support people who are considering harming themselves. All users agree that they are not suicidal before using this site. The platform is NOT to replace professional psychological care, diagnosis, or treatment. For those who need emergency help, please call your local health centre or the police.
Intellectual Property
Subject to other terms in these Terms of service, all Content included on this website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of Youth Listener and our affiliates or other relevant third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.
Service(s) rendered under this website shall be considered as work for hire. Thus, it is expressly agreed that Youth Listener is acting as an independent contractor and not as an employee. The agreement between you and Youth Listener does not create a partnership or joint venture or a franchise and is exclusively a contract for service.
Links to Other Websites
This website may contain links to some websites. Unless expressly stated, these websites are not under the control of Youth Listener or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.
Use of the Website
When using the Site and our service, you shall act in accordance with the following rules:
It is advised that submissions are made in the languages provided on the website.
The means by which you identify yourself must not violate these Terms of service or any applicable laws.
You must be polite to our staff and other users and you shall not use any swear word or make any racist, sexist, threatening words towards them.
You shall not publish or send malicious content with the intent to compromise our website, our server or member’s account or computer environment, such an activity is strictly prohibited.
You shall not hack, harm, grief, harass, threaten or misuse the Services, other users of our Services or staff.
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
Do not create, use, make available and/or distribute automation software, robots, bots, mods, hacks, spiders, spyware, scripts, trainers, extraction tools or other software that interact with or affect the Services in any way.
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website.
Reverse engineer any portion of the website.
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the website.
Record, process, or mine information about other users.
Reformat or frame any portion of the website.
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our website, its technology infrastructure or otherwise make excessive traffic demands of the Site.
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
Use the website content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses").
Use any device, software or routine that interferes with the proper working of the website, or otherwise attempt to interfere with the proper working of the website.
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the website or their Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the website, features that prevent or restrict the use or copying of their contents, or features that enforce limitations on the use of the website.
Setting up an Account
You may be required to sign up or set up an account with us in order to use some of our service. Such signup may require you submit certain personal details.
In creating your account and continuing to use our service, you represent and warrant that:
all information you submit is accurate and truthful.
you will keep this information accurate and up to date.
You shall not use or attempt to use information or details of any person apart from yourself.
Termination and Cancellation
We may terminate our service with you If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. We may deny you future access to our services after such termination.
Our responsibilities/Warranties
Your safety when using our website is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
We will do our best to maintain the operation of the website for the Service, however, we may need to temporarily suspend the website for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as reasonably possible after any suspension.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (earthquake, typhoon, flood, fire, acts of God, governmental orders or decrees and war or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed.
We warrant that we will take all reasonable care in performing our duties to you. We also warrant to deliver the service at the due time as agreed by the parties. We however make no warranty or guarantee that such service(s) will always meet your requirements.
Disclaimers
We do not make any warranty or representation that the website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or Services mentioned on our website.
We make no guarantee of any specific results from undertaking our program. Our services are provided “as is” and we do not make any guarantee that it shall be fit for a particular purpose or that it will be suitable to you or third parties (such as your children) that might be using it. You partake of this our service at your discretion and at your own risk.
As a parent or legal guardian of a minor (anyone under the age of 18 years old), it is your responsibility to supervise them during the program. We shall not be held responsible for any damage, loss or injury suffered by children or minor using our service without adequate supervision.
We offer our services solely as complementary and alternative health care
method. The advice discussed is intended to support your mental health, not replace standard medical treatment. It should not be interpreted as medical advice, and is not intended to diagnose, treat or cure your condition, or to be a substitute for advice from your physician, psychologist or other healthcare professional. You should discuss any recommendations you may receive from a listener with your primary care physician or psychologist, or other board-certified physician. While the listeners may have the required experience to listen and provide support to you, they are not a psychologist, psychotherapist, physician, or other licensed health care professional. By accepting to use or service, you understand and agree to abide by these requirements.
Youth Listener does not warrant the validity, accuracy, or availability of any content or advice provided by listeners. Youth Listener will not be liable for any damages sustained by member due to reliance on any such information or advice.
You understand and agree that Listeners provided to you on this website are neither employees, agents nor representatives of Youth Listeners. Accordingly, we shall not be held liable for any misconduct, negligence or omission of such listener. All such liability shall be held against them directly. You take full responsibility for the decision to access a Listener through the Site. We are obliged to only provide access to such listeners for your consideration. Youth Listener is not involved in any way with the actual substance of your relationship (or any part of it) with the Listener (whether provided through the Platform or not).
it is possible that during a session, you experience some discomfort or
emotional distress. Please kindly inform your listener of such emotional distress or discomfort. If you wish to stop the session, tell your listener who shall immediately cancel or stop the session.
Whilst every effort has been made to ensure that all descriptions of Services available on our website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.
Whilst we do our best to ensure this website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their own security, that of their personal details, their computers and other devices.
Third-party websites with links from the Site have not been verified or reviewed by Youth Listener. Except otherwise stated, use and access of such third-party websites is made at your own risk.
Modification of Service and these Terms of Service
Youth Listener reserves the right to modify this website, its Content or these Terms of service at any time. You will be bound by any changes to the Terms of Service from the first time you use the website following the changes. If we are required by law to make any changes to Terms of service, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
Limitation of Liability
To the maximum extent permitted by law, Youth Listener accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website, any information contained therein or the use of our service. Users should be aware that they use our service and this website at their own risk. We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
any incorrect or inaccurate information on the Site and all interruptions to or delays in updating our website/Service.
the infringement of any third-party Intellectual Property Rights by a user.
the willingness or ability of any Listener to give advice or listen.
Unsatisfactory service provided by a listener contacted through this platform.
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's mobile device, computer equipment, software, data or other property caused by user’s accessing, using or downloading this website, or from transmissions via emails or attachments received from Youth Listener or its licensees.
Indemnification
You agree to irrevocable release, indemnify, hold harmless and defend Youth Listener, directors, shareholders, our agents, representatives, consultants, affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss, damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise which you may incur arising at any time out of or in connection with your session or using our service in part or in its entirety.
No Waiver
Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Warranty
You warrant that you do not suffer from Suicidal thoughts or self-harm. We do not offer support to people who are considering harming themselves or committing suicide. You hereby accept any risk of injury from your negligence or failure to notify us of any self-harm or suicidal thoughts.
It is your responsibility to inform us if you begin to experience suicidal thoughts and self-harm at any time after starting the training program. At which case, we shall unfortunately not be able to assist you any longer. We advise that you contact your local health centre, the ambulance service or the local police. You hereby release and hold harmless Youth Listener from any and all liability, death, damage, expense, cause of action, suit, claim and judgment arising from injury, damage or loss to you or your personal property which may arise from using our service.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Resolving disputes
If any dispute relating to this Agreement between you and Youth Listener is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to both parties. The cost of any mediations or arbitrations shall be borne by the party bringing a claim.
Law and Jurisdiction
These Terms of Service and the relationship between you and Youth Listener shall be governed by and construed in accordance with the laws of Indonesia and you agree to submit to the exclusive jurisdiction of the courts in Indonesia.
Entire agreement
These Terms, the Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the entire agreement between you and Youth Listener.
How to contact us
If you have any questions about our company’s Terms of Service, or you would like to exercise one of your data protections rights, please do not hesitate to contact us on the contact information provided on the Site.