Oasis Terms of Service
These Oasis Terms and Conditions (the “Agreement“) apply to all customers (“you”) who access and/or use Oasis’s platform for phone based Listener services.
YOU AGREE THAT BY USING OASIS YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE OASIS. YOU MUST NOT ACCESS OASIS OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM USING OASIS UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.
This Agreement sets forth and contains the terms and conditions between you and Oasis. By calling Oasis, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CALL OASIS.
Oasis may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Customer is encouraged to check the terms of this Agreement frequently. By using Oasis after any modifications to this Agreement have been made, Customer agrees to be bound by such modified Agreement.
The Listener Service. Oasis’ listening service allows customers to call a Listener and ask questions, ask to be listened to, or request advice and/or services directly from such Listener.
As further described in this Agreement, Oasis makes no representation or warranty whatsoever as to (a) the availability of the Listener, (b) the willingness or ability of the Listener to listen, (c) the willingness or ability of any Listener to give advice, (d) whether the Customer shall find an Listener’s listening useful or satisfactory, (e) whether the Member shall find a Listener’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the advice of the Listener will be responsive or relevant to the Customer’s question, or (h) whether the Listener’s advice will otherwise be suitable to the Member’s needs. Oasis is not responsible for any action a customer takes as a result of using the Oasis service.
LISTENERS ARE NOT LICENSED PROFESSIONALS. THEY DO NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; THEY DO NOT DIAGNOSE, PROVIDE TREATMENT PLANS, OR INTERVENE. OASIS IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND OASISDOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH LISTENER. OASIS STRONGLY RECOMMENDS THAT A CUSTOMER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Customer Conduct and Use. By calling Oasis, you, the Customer, represent, warrant and agree to the following:
You are at least 18 years of age, or are between 13 and 18 years old with parental consent.
All interactions between you and a Listener will be billed. You agree to abide by the pricing terms agreed upon with a Listener while using the Sites and to pay to Oasis all fees for services rendered to you by Listeners.
Customer will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Oasis.
Customer will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Customer will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
Customer will not stalk, threaten or harass any Listener or Member or infringe upon or attempt to infringe upon their privacy.
Links. The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Oasis has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Customer acknowledges and agrees that Oasis is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Customer warrants and agrees that Oasis will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Oasis encourages the Customer to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Advertisements. Oasis may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Customer may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Customer acknowledges and agrees that Oasis is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Customer is wholly liable for all communications and transactions with advertisers.
Modifications and Termination of Services. Oasis reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Customer. CUstomer agrees that Oasis shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Oasis, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
Oasis’s services depend on various factors such as communications networks of Oasis and its employees. Oasis does not guarantee that Oasis’s service will be uninterrupted or that it will be timely, secure or error-free.
Oasis, in its sole discretion and for any reason, may terminate Customer’s participation in the services and refuse any and all current or future use by Customer of the Sites.
Legal Requirement to Disclose. Oasis MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF Oasis REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.
Indemnification. Customer shall defend, indemnify and hold Oasis, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Customer according to this Agreement; (b) Customer’s refusal to pay for services provided by any Listener; and (d) Member’s use of any Site and/or the the Listener Service. This section shall survive expiration or termination of this Agreement.
Notice. Oasis may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Listening Service or Sites, by email, text to the phone number we have on record, or by posting on the Site and/or the Listening Service. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Oasis must be delivered via email to: firstname.lastname@example.org.
Miscellaneous. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Virginia (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Norfolk, Virginia. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Oasis and Customer with respect to the subject matter hereof, and Customer has not relied upon any promises or representations by Oasis with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Listening Service or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.