TERMS & CONDITIONS
Acceptance of terms
Registration and Eligibility
You may browse the site and view content without registering, but as a
condition to using certain aspects of the service, you are required to register
with GoLocall and represent, warrant and
covenant that you provide GoLocall with
accurate, truthful, and complete registration information (including, but not
limited to your name ("username"), e-mail address and a password you
will use to access the service) and to keep your registration information
accurate and up-to-date. Failure to do so shall constitute a breach of these
You shall not:
· Provide any false personal information to GoLocall (including a false username) or create any account for anyone other than yourself without such person's permission;
· Use a username that is the name of another person with the intent to impersonate that person;
· Use a username or GoLocall account that is subject to any rights of a person other than you without appropriate authorization; or
· Use a username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
GoLocall reserves the right to refuse registration of, or cancel a username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your GoLocall Password. You shall never use another user's account without such other user's prior express permission. You will immediately notify GoLocall in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The service contains content specifically provided by GoLocall or its
partners and such content is protected by copyrights, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws, as
applicable. You shall abide by and maintain all copyright notices, information,
and restrictions contained in any content accessed through the service.
We may use your user submissions in a number of different ways in
connection with the site, service and GoLocall ’s business as GoLocall may determine in its sole discretion,
including but not limited to, publicly displaying it, reformatting it,
incorporating it into marketing materials, advertisements and other works,
creating derivative works from it, promoting it, distributing it, and allowing
other users to do the same in connection with their own websites, media
platforms, and applications (“third party media”). By submitting user
submissions on the site or otherwise through the service, you hereby do and
shall grant GoLocall a worldwide,
non-exclusive, royalty-free, fully paid, sub licensable and transferable
license to use, copy, edit, modify, reproduce, distribute, prepare derivative
works of, display, perform, and otherwise fully exploit the user submissions in
connection with the site, the service and GoLocall 's (and its successors and
assigns') business, including without limitation for promoting and
redistributing part or all of the site (and derivative works thereof) or the
service in any media formats and through any media channels (including, without
limitation, third party websites and feeds). You also hereby do and shall grant
each user of the site and/or the service, including third party media, a
non-exclusive license to access your user submissions through the site and the
service, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such user submissions in connection with their
use of the site, service and third party media. For clarity, the foregoing
license grant to GoLocall does not affect your other ownership or license
rights in your user submission(s), including the right to grant additional
licenses to the material in your user submission(s), unless otherwise agreed in
writing with GoLocall .
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
The user agrees and understands that by providing his/her mobile number on the GoLocall Manage App or Manage Portal while creating or managing a website, the user provides his/her consent to GoLocall to send alerts, request for contact details, to conduct verification, training, provide support and engagement via calls and sms to the mobile number provided by the user to GoLocall . In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with GoLocall.
You understand that all information publicly posted or privately transmitted through the site is the sole responsibility of the person from which such content originated; that GoLocall will not be liable for any errors or omissions in any content; and that GoLocall cannot guarantee the identity of any other users with whom you may interact in the course of using the service.
When you delete your user submissions, they will be removed from the service. However, you understand that any removed user submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your user submissions.
Rules and conduct
As a condition of use, you promise not to use the service for any
of your activity in connection with the service. Additionally, you shall abide
by all applicable local, state, national and international laws and regulations
and, if you represent a business, any advertising, marketing, privacy, or other
self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, including without limitation any user submission, that:
Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
You know it is false, misleading, untruthful or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by GoLocall in its sole discretion;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
Other than appropriate use of an add-to link, involves commercial activities (whether or not for profit) and/or sales without GoLocall 's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of GoLocall or any third party;
Impersonates any person or entity, including any employee or representative of GoLocall ;
Includes anyone's identification documents or sensitive financial information; or
If the user submission includes a photograph, GoLocall 's policy will apply. GoLocall has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
· Take any action that imposes or may impose (as determined by GoLocall in its sole discretion) an unreasonable or disproportionately large load on GoLocall 's (or its third party providers') infrastructure;
· Interfere or attempt to interfere with the proper working of the service or any activities conducted on the service;
· Bypass any measures GoLocall may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service);
· Run any form of auto-responder or "spam" on the service;
· Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site;
· Harvest or scrape any content from the service;
· Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the service or site content (other than your user submissions), except as expressly authorized by GoLocall;
· Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
· Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
· Otherwise take any action in violation of GoLocall 's guidelines and policies.
Special terms for GoLocall Site
· If you have a "storefront" on the service, you also agree to the following:
· Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or Endeavour (including non-profit organizations, political campaigns, bands, and celebrities).
· You may only administer a page if you are an authorized representative of the subject of the page.
· All content posted on the pages will be made available to all users of the services.
· You may not display any content on your page that is an ad or could be construed as an ad.
· Your page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
· You will not direct your page, or any content on your page, to children under the age of 13.
· You will not use deceptive practices to get users to "like" your page.
· A user can download the 'Business Updates' from the GoLocall Site as a sms or email to his own mobile number of email id . The merchant should not use this for spamming users.
· We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Third party sites and services
The service may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the site. When you access third party websites, you do so at your own risk. These other websites are not under GoLocall 's control, and you acknowledge that GoLocall is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GoLocall or any association with its operators. You further acknowledge and agree that GoLocall shall 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 content, goods or services available on or through any such website or resource.
GoLocall may terminate your
access to all or any part of the service at any time, with or without cause,
with or without notice, effective immediately, which may result in the
forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by following the
instructions on the site. Any fees paid hereunder are non-refundable. All
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
In case you have any issues with the product, the same should be reported during the demo period during business hours. No refund requests will be entertained after moving to a paid subscription and invoice being sent.
Any product of GoLocall does not guarantee:
A specific amount of business.
A specific position on any search engines in a specific amount of time.
GoLocall is a marketing tool that helps your business get discovered online on search engines and get more business. It does not guarantee a specific search engine position or amount of business.
Save to the extent required by law, GoLocall has no special
relationship with or fiduciary duty to you. You acknowledge that GoLocall has
no control over, and no duty to take any action regarding: which users gain
access to the service; what content you access via the service; what effects
the content may have on you; how you may interpret or use the content; or what
actions you may take as a result of having been exposed to the content.
You release GoLocall from all liability for you having acquired or not acquired content through the service. The service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GoLocall makes no representations concerning any content contained in or accessed through the service, and GoLocall will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The site, service, content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
GoLocall , and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the website, service, content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
All liability of GoLocall , its directors, employees, agents,
representatives, partners, suppliers or content providers howsoever arising for
any loss suffered as a result of your use the site, service, content, user
submissions is expressly excluded to the fullest extent permitted by law, save
that, if a court of competent jurisdiction determines that liability of
GoLocall , its directors, employees, agents, representatives, partners,
suppliers or content providers (as applicable) has arisen, the total of such
liability shall be limited in aggregate to one thousand rupees (INR 1000).
To the maximum extent permitted by applicable law, in no event shall GoLocall , nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not GoLocall , its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for:
Indirect or consequential losses or damages;
Loss of actual or anticipated profits;
Loss of revenue;
Loss of goodwill;
Loss of data;
Loss of anticipated savings;
Wasted expenditure; or
Cost of procurement of substitute goods or services.
GoLocall shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond GoLocall
's reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation (including "line-noise"
transferable or sub licensable by you except with GoLocall 's prior written
consent. GoLocall may assign, transfer or delegate any of its rights and obligations
hereunder without consent. No agency, partnership, joint venture, or employment
any authority of any kind to bind the other in any respect.
Where GoLocall has provided you with a translation of the English Language
for your convenience only and that the English language versions of the terms
will govern your relationship with GoLocall .
You may contact GoLocall at the following address: B-2/11, Mohan Industrial Estate, Landmark: Badarpur Metro Station, New Delhi - 110044, India.