Terms of Service

Last Updated: 8th December 2021

Introduction

By accessing or using this Platform, you agree to be bound by these terms of use (“Terms of Service”), Privacy Policy and such other Agreements, as may be adopted by us from time to time. Please read these agreements carefully before entering into a transaction on this platform.

This document is an electronic record under the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of rule 3 (1) of the Information Technology (intermediary guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Service for access to or usage of this Platform.

In this Terms of Services “we”, “our” and “us” refers to the Company and “you”, “your” and/or “Users” refers to the user of the Platform. Our Platform is for the users intending to avail the Services.

System Requirements

Use of the Services requires one or more compatible devices, Internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and user the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

Access to Platform

You may access and use the Platform only if You are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. Company reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to the Company’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract.

When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of signing up, and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic or otherwise.

The Company may, based on any form of access to the Platform (including trials) or Services or registrations through any source whatsoever, contact the User through WhatsApp, SMS, email, and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her/them through telephone, WhatsApp, SMS, email and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do No Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, and partners so that you may be contacted for information and promotions through telephone, WhatsApp, SMS, email, etc. The Company will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice. Notwithstanding anything to the contrary, the Company reserves the right to refuse access to the Platform to new users or to terminate access granted to existing Users at any time

Feed and Charges

Membership on the Platform: The Company reserves the right to charge fees and change its policies thereafter and from time to time. The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event, the Company reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service, at any time and accordingly, reserves the right to introduce fees for the new services and/or for some or all of the existing services on the Platform, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Platform. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company will endeavour to notify you of any such change and its effective date.

Pricing/typographical error: If the Company comes across any typographical errors with respect to pricing or services information, the Company shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 90 (ninety) business days of such corrective action taken.

Your Profile

  1. Users are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of the Company may assist the Users with creating their account and registering them on the Platform.
  2. By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated (if needed) and You shall immediately notify Us of any unauthorized use of Your Profile or any other breach of these Terms of Service or security known to You.
  3. By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to:
  4. Immediately notify the Company of any unauthorized use of Your Profile or any other breach of security, and
  5. Ensure that You exit from Your Profile at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
  6. The Company does not pre-screen Your Profile information or User Content. However, the Company at its discretion and in accordance with applicable laws may monitor any Content or information posted by You and may remove any User Content from the Platform if the Company determines in its sole discretion that such User Content is in violation of these Terms of Service or any applicable law. Where the Company removes User Content from the Platform, the Company will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute the Company’s position as an intermediary or impose any liability on the Company with respect to User Content.

Some of the Profile data may be considered Personal Information under data privacy laws applicable in relevant jurisdictions. Further, for the Platform to provide optimum end user experience, We may also collect and/or obtain certain other end user information (including without limitation device or system related information, IP address, location data etc.). You consent to such end user information and the Profile data being collected, used and processed in accordance with the provisions of the Privacy Policy. By providing the Profile data You also consent and agree to Company’s use of the Profile data to contact You (including via calls, SMS, e-mail, WhatsApp, or other such means of communications) for improving Our services.

Content

Our Service allows you to connect, chat, post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality reliability, and appropriateness.

By posting Content on or through the Platform you represent and warrant that:

  1. Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms;
  2. The posting of your Content on or through the Platform does not violate the privacy rights, publicity right, copyrights, contract rights or any other rights of any person or entity.

You shall not post, host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Platform that:

  1. Belongs to another person and to which you do not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, hateful, insulting or harassing on the basis of gender, religion, race, or ethnicity; objectionable or disparaging; relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully harassing or misleading in any way; or promotion any such illegal activities; or otherwise inconsistent with or contrary to the laws in force;
  3. Is patently offensive to the online community, such as sexually explicit content, religiously offensive content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  4. Harasses or advocates harassment of another person; or involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  5. Infringes upon or violates any third party’s rights, including without limitation unauthorized disclosure of any person’s personal information e.g., a person’s name, email address, physical address or contact number or right of publicity;
  6. Infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy shall not be fraudulent;
  7. Promotes an infringement of, or illegal or unauthorized copy of another person’s copyrighted work;
  8. Provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  9. Contains videos, photographs, or images of another person without his/her/their express written consent and permission or the permission or consent of his/her/their guardian in the case of a minor;
  10. Refers to any website or URL that, in the sole discretion of the Company contains material that is inappropriate for the Platform, or URL of any other website that contains content that would be prohibited or violates the letter or spirit of these Terms of Service;
  11. Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits password or personal identifying information for commercial or unlawful purposes from other Users;
  12. Intends to advertise or engage in commercial activities and/or sales without prior written consent of the Company or intends to mislead, defraud, or cheat any person. Throughout these Terms of Service, the Company’s ‘prior written consent’ means a communication coming from the Company’s authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which you seek authorization;
  13. Interferes with another User’s name and access to the Platform;
  14. Is harmful to child or harms minor in any way;
  15. Violates any law for the time being in force;
  16. Deceives or misleads the reader/addressee/ Users about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, or grossly offensive or menacing in nature; or impersonate another person;
  17. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains virus, malware, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, or surreptitiously intercept or expropriate any system, data or personal identifiable information;
  18. Threatens the unity, integrity, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  19. Is patently false and untrue, and is written or published in any form with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  20. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

The Company is under no obligation to examine or verify any Content posted or broadcasted or shared during audio or video calls on the Platform by You, and the Company assumes no responsibility or liability relating to any such Content on the Platform nor does the Company assumes or shall assume responsibility or liability for breach of any of your obligation(s) under these Terms of Service. Notwithstanding the above, the Company has the right but not the obligation to monitor, edit, delete the Content provided by users and may decline to accept and/or remove any Content that contains any information inconsistent with these Terms of Service. Any Content shared by you shall be subject to relevant laws and these Terms of Service and may be disabled and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the Privacy Policy of the Platform, we may terminate your account/block your access to the Platform. The Company reserves the right to remove any non-compliant Content uploaded by you and/or claim indemnity on account of such non-compliance. We reserve the right to terminate the account of anyone found to be infringing any intellectual property rights of any other person or violating any applicable laws or these Terms of Service. You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Platform. Further, under no circumstances, the Company shall be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including but not limited to misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking and other cyber-crimes.

You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Platform. However, by posting Content using Service you grant us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Platform and the Service, who may also use your Content subject to these Terms. You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Use of Platform, Conduct and Responsibility

You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Services. You hereby agree not to use the Platform and the Services:

  1. In any way that violates any applicable national or international law or regulation;
  2. For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise;
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
  5. In any way that infringes upon the rights of others, or any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service;
  2. Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, process, program or means to access the Platform and/or the Service for any purpose, including monitoring or copying any of the material on the Platform;
  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without the Company’s prior written consent;
  4. Use for any purpose that is unlawful or otherwise prohibited by these Terms of Service, or for other activity which infringes the rights of the Company or others;
  5. Use any device, software, or routine that interferes with the proper working of the Platform;
  6. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  7. Use or develop any third-party applications that interact with the Service or other user’s Content or information without our written consent;
  8. Probe, scan, or test the vulnerability of our Service or any system or network;
  9. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Platform is stored, or any server, computer, or database connected to Service;
  10. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
  11. Take any action that may damage or falsify Company rating;
  12. In any way decompile, reverse engineer, or disassemble any material or content on the Platform;
  13. Otherwise attempt to interfere with the proper working of the Platform and the Service.
  14. You will not circumvent any feature, action, measure or policy implement/imposed by Company. For example, in the event you are banned from using the Service, you will not try to circumvent any account suspension or similar measures we may take against you.

Refund / Cancellation

Please make the payments after carefully reading all the terms and conditions as once the payment is initiated, it shall be considered final.

Per the refund policy, a User is entitled to a refund within thirty (30) days from signing up for the Platform, by stating the reason in a written communication to hello@callxp.com.

Payment

Prices for plans are described on our Platform and are incorporated into these Terms by reference. All prices are in Indian Rupees.

While availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction;
  • Exceeding the pre-set limit mutually agreed by you and between the third-party bank;
  • Any payment issues arising out of the transaction;
  • Decline of transaction for any other reasons.

Please note that in case of any tax, penalty, or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the aspects on GST and other such related tax components (if applicable), such implications including but not limited to taxes, interest, and penalties, shall be immediately reimbursable by you to us.

Intellectual Property

The Platform and its original content (excluding Content provided by Users), features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company. Except as expressly provided in these Terms of Service, no part of the Platform and no Company Data may 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 use, without the Company’s express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other website or networked computer environment or use of the Company Data for any other purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. The Company may terminate in appropriate circumstances the accounts of Users who infringe or are believed to be infringing the rights of copyright holders.

Error Reporting and Feedback

You may provide us either directly at hello@callxp.com or via third party services and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

  1. You shall not retain, acquire, or assert any intellectual property right or other right, title or interest in or to the Feedback;
  2. Company may have development ideas similar to the Feedback;
  3. Feedback shall not contain confidential information or proprietary information from you or any third party;
  4. Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create, derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

Disclaimer of Warranty

The Platform, Services, and Company Data are provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their Platform and the Services, or the information, content or materials included therein. You expressly agree that your use of the Platform, their content, and any Services or items obtained from us is at your sole risk.

Neither Company nor any person associated with Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services or its Content. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Platform, their Content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the Platform that makes it available are free of viruses or other harmful components or that the Platform or any Services or items obtained through the Platform will otherwise meet your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The Company will not be liable for any losses, damages, or claims by you or any third-party in this regard. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Indemnity and Limitation of Liability

Except as prohibited by law, you will hold us and our licensor, officers, directors, employees, other licensee and agents harmless for any loss, damage, or claim, however it arises (including attorney’s fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any central, state, or local laws, statutes, rules, or regulations or Terms of Service, even if Company has been previously advised of the possibility of such losses or damage or claims. Except as is prohibited by law, if there is liability found of the part of Company, it will be limited to the amount paid by you for the products and/or services on the Platform. Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, damages for lost profits, business interruption, and loss of programs or information arising out of the use of or inability to use the Platform or consequential damages that result from the use of, or the inability to use, including but not limited to the information, Content, materials on the Platform, or any part thereof. While the Company shall take reasonable precautions against security breaches, the Platform or Internet transmission is not completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.

Termination

We may terminate or suspend your account and bar access to the Platform or any of the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service or any other Agreement.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of these Terms of Services which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Notwithstanding the foregoing, if you breach these Terms of Service of Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by you or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Governing Law

These Terms of Service shall be governed and construed in accordance with the laws of India, which governing laws applies to agreement without regard to its conflict of law provisions, and any disputes relating to these Terms of Service and other Agreements will be subject to the exclusive jurisdictions of the courts of Delhi, Delhi, India.

Force Majeure

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/delay in transport, any endemic, pandemic, epidemic or outbreak of any disease including Covid-19.

Service Change and Terms Amendments

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the Service, or the entire Platform, to Users, including registered Users.

We may ament this Terms of Service at any time by posting the amended terms on the Platform. It is your responsibility to review these Terms of Service periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Platform and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and the Service.

Acknowledgement

By using the Platform or other services provided by us, you acknowledge that you read these Terms of Service and agree to be bound by them.

Contact Us

Please send your feedback, comments, requests for technical support by email at hello@callxp.com.

If you see something objectionable, offensive, or adversely affects you or your community, or if you have any consumer complaint relating to the Platform you can report it to our Grievance Officer at admin@callxp.com with the relevant details of your complaint/ concern.

Please keep in mind that mere reporting to the Company doesn’t guarantee that certain content will be removed from the Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.