TERMS AND CONDITIONS
Directors, employees, subsidiaries, and affiliates of “CALLFRND” are all considered to be part of GOBBOG TECHNOLOGIES LLP, the developer, owner, and publisher of the “CALLFRND” application and website, which is referred to as “We” or “CALLFRND”.
“CALLFRND” is primarily involved in offering services that assist the “User” through private conversations and guarantee the “Users” well-being by offering professional advice, sympathetic listening, and flexible communications as the “User” requests.
“CALLFRND” offers services via its online platform, which may occasionally be updated, changed, or removed (either permanently or temporarily) as needed to provide a seamless experience for “Users.”
DEFINITIONS
- The term “Account” describes the individual account that the user creates and keeps up to date in order to use “CALLFRND” services.
- “Application” refers to the “CALLFRND” mobile application that “Users” can download and install from the Google Play Store or Apple App Store.
- Any information, text, images, graphics, and other materials that are posted, downloaded, or shown on or as a component of the Services are all considered “content.”
- “Online Platform” or “Platform” refers to the Callfrnd.in website.
- Along with the services offered by “CALLFRND,” such as SMS, APIs, email notifications, advertisements, commerce services, content, and other covered services, “services” also include voice calls, sessions, and consultations with “Users” and the various policies included in the terms of use that regulate “Users'” access to and use of the Online Platform/Application.
- The term “Supporter” describes the individual or people interacting with the “Users” of “CALLFRND.”
- The terms “User,” “Users,” “Users,” or “You” refer to the individuals who supply the necessary personal data and use the service offered by “CALLFRND” through a subscription or recurring payment.
TERMS AND CONDITIONS
- Your access to the Services of the Platform/ Application is subject to your agreement to be bound by all the Terms set forth herein and these Terms constitute an agreement between CALLFRND and You in connection with your use of the Online Platform, as defined below. If You have any questions regarding Services, You can email at Info@callfrnd.in .
- We may, if required change, modify, add or remove portions of these Terms, at any time and You may review these Terms periodically for updates / changes. Your continued use of the Platform following the changes confirms Your acceptance and agreement to such changes and You can engage in availing access and use the services.
- You acknowledge that “CALLFRND” is not liable for the conduct, behavior, or statements made by Supporters while they are communicating with you in order to provide “CALLFRND” services, and that Supporters are individuals who associate with “CALLFRND” to provide “CALLFRND” services. Any such incidents may be reported to “CALLFRND.”
- You also acknowledge, agree, and understand that “CALLFRND” services do not involve offering its users professional or medical aid; if necessary, these needs must be met by contacting the appropriate, authorized government departments or agencies.
- You acknowledge that the terms of this contract are subject to and abide by the applicable laws of India, including the Indian Contract Act of 1872, The Information Technology Act of 2000 in India, Rules for Information Technology (Procedure and Safety Measures for Information Interception, Monitoring, and Decryption), 2009, Information Technology (Method and Security Measures for Tracking and Gathering Traffic Information) Regulations 2009, The (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), and any orders, rules, regulations, guidelines, notifications, and clarifications issued by any legislative, regulatory, or governmental authority at the federal, state, or local level are among the rules, regulations, guidelines, and clarifications framed thereunder.
- You acknowledge and agree that these terms give “CALLFRND” access to Registered Users’ contact details, such as phone number and email address, for communication purposes in order to deliver the Services to You and/or to gather feedback, comments, suggestions, opinions, and reviews regarding Your use of the Platform, Application, and Services.
- By creating a customer account, you must be at least eighteen years old. You also agree and affirm that you are at least eighteen years old, that you have the legal right, authority, and capacity to use all or part of the services offered by the Platform, and that you accept and abide by the Terms.
- You understand and agree that you are the only person who should use the Platform and its services. You are not permitted to register on the Platform or use its services on behalf of any other person or organization, nor are you permitted to permit another person or organization to use the Platform and its services on your behalf.
- You acknowledge that using the Services for any unlawful or unauthorized purpose is prohibited by the access you have been given. You promise to take all appropriate precautions to keep unauthorized users from using the Platform and the Services. You promise to take all appropriate precautions against security breaches, such as phishing and hacking, that might affect your device and account. You guarantee that you won’t try to get unauthorized access to the Platform or its Application software, which is hosted by or on behalf of “CALLFRND” and used to deliver the Services, or try to impede the use of the Services by others.
- You agree and affirm that You shall not use this platform for engaging in any activity which shall be in contradiction to the interest of the security of the nation including any terrorist activities further that You shall not engage in interfering or forming association with any Supporters that you may interact with while availing the Services and also shall not engage in any communication/ conversation obscene in nature.
PROCEDUE FOR REGISTRATION
- To fully utilize the Platform/Application’s services, you must register. You must build a profile for yourself by entering the following correct details, among others: name, phone number, and email address. After registering with “CALLFRND,” users may access the services and buy the items and bundles on the list. Users of “CALLFRND” have the ability to register using additional third-party social networking sites, such as Whatsapp, among others. When you sign up, our servers obtain information about you from your social networking account, such as your name, gender, date of birth, and profile. This information is then stored in the “CALLFRND” system.
- Our Privacy Policy governs the information we gather about you. You can preserve the privacy of your username and password at any time while using this platform or application, and any action under your account will be assumed to have been done by you.
- By giving us your contact information through this platform, you agree and consent to receiving calls, autodialed and/or pre-recorded message calls, emails, and SMSs from “CALLFRND” and/or any of its affiliates or partners at any time, subject to the Policy. If you would like to stop receiving any such marketing or promotional calls, emails, or texts, you can send an email to INFO@CALLFRND.IN with that request, and we will comply within seven days.
RIGHT TO LIMITED USE
- Any information or software acquired through the Platform may not be reverse-engineered, altered, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, used in derivative works, transferred, or sold by the User. For the avoidance of dispute, it is made clear that it is not allowed to reproduce the material in its entirety or indefinitely, duplicate it for commercial or noncommercial use, or alter data and information within the Platform’s content without permission.
- You acknowledge and agree that You have read and understood the Terms, that the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable, that Your agreement to follow and be bound by these terms and conditions is voluntary and that Your written approval is not a prerequisite to the validity or enforceability of the Terms.
TERMINATION
- Termination by User: You have the opportunity to terminate this Agreement at any time by deleting your Account and ending any usage of the Platform. Please be warned that uninstalling the Platform from your device will not instantly erase your Account. You can send an email with the subject “Delete Account” to INFO@CALLFRND.IN in order to remove your account. Deleting your Account will result in the automatic deletion of all User Content associated with it. Additionally, you can use the Platform’s User Content deletion features to get rid of specific User Content that you’ve uploaded. However, please note that deleting User Content will not delete your Account or terminate this Agreement. This Agreement will remain in full force and effect, including any posted revisions.
- Termination by CALLFRND: At any time, CALLFRND has the right to delete or disable any content you upload or share, as well as to disable or terminate your user account. This includes situations in which you have not complied with any of the terms of these Terms, or in which CALLFRND, at its sole discretion, determines that activities on your account may potentially harm or impair the Services, violate the rights of third parties, or violate any applicable laws or regulations. Following such termination or suspension, you are prohibited from accessing or using the Platform. Additionally, you commit to never trying to re-register using a different member name or any other method.In such cases refund of amount or coins will also be under discussion.
- If this Agreement, your account, or your use of the Platform is terminated, access may be taken away and future use of the Platform may be prohibited. The disassociation of your username, password, and all related data, files, and user content within your account is another aspect of termination. All of your profile information and other data might be erased upon termination. However, we save some information for legal and archiving reasons. Regardless of termination, content liability remains with the User at all times. Upon termination, your right to use the Platform, including mobile software, will cease automatically. CALLFRND assumes no liability to you for any suspension or termination, including the deletion of your user content. For as long as necessary and/or allowed by local regulations, Callfrnd will keep and use the data and content. Any clause in this agreement that should, by definition, remain in effect after termination shall do so, including but not limited to the governing law, liability restrictions, and warranty disclaimers.
CANCELLATION AND REFUND POLICY
- Cancellation Requests: Users can request a cancellation of the service by contacting our customer support team. Cancellation requests must be made within a specified timeframe.
- Cancellation Timeframe: Users must cancel the service at least 3 hours before the scheduled start time to avoid any cancellation fees. Cancellations made beyond the specified timeframe may be subject to a cancellation fee.
- Cancellation Fees: Cancellation fees may vary depending on the reason for cancellation. The approximate cancellation fee amount will be communicated to the User at the time of booking or upon cancellation request.
- Refunds: The refund procedure will be started right away if a cancellation request qualifies for one. If there are any refunds, the original payment method will be used.
- Users may be eligible for a refund of their service fees under the following circumstances:
Technical Failure:
**If there is a recognized technical issue that prevented you from staying in contact with us for more than a few minutes, either on our end or on yours. Any technical issue must be reported right away to the listener or employee you are speaking with, or an email with the relevant details must be delivered.
Non-Delivery:
When the service is not rendered at all or is not delivered within the allotted period.
- Users must get in touch with CALLFRND customer care to start the refund process and provide pertinent information, including the reason for the refund, the service details, and any supporting paperwork.
- After receiving the reimbursement request, CALLFRND will analyze it and determine if it qualifies. The evaluation duration may differ based on the intricacy of the service and CALLFRND’s internal processes.
- After reviewing the refund request, CALLFRND will decide if a refund is appropriate. If it is, CALLFRND will contact the user and start the refund procedure.
- The refund will typically be issued through the same payment method used for the original transaction unless otherwise specified by the user by way of written request or if technical limitations exist. The time it takes for the refunded amount to be credited may vary depending on the payment processor and financial institution. In case of any change in payment method, we will not be responsible for any non-receipt of the refund amount.
- Refunds will be issued within seven business days.
REVIEWS, FEEDBACK AND DATA RETENTION
- You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform. It is up to your discretion for to submit the same.
- The information and material you choose to provide to the Company on the Platform, including but not limited to reviews, ratings, comments, recommendations, and feedback about products you have bought, are entirely your responsibility. You consent to refrain from publishing or posting anything on the Online Platform that would amount to:
- a violation of the privacy or intellectual property rights of any company or third party.
- a breach of any applicable laws or norms, such as the Information Technology Act of 2000’s pertinent regulations.
3.Defamation
- Your reviews, ratings, opinions, comments, and feedback may be used, analyzed, and/or published by CALLFRND in compliance with these Terms in its sole discretion. You consent to CALLFRND contacting you by phone or email to get your opinion on the products you bought, to resolve disputes, to address complaints, or to get any other information. CALLFRND may utilize the data or material you supply for commercial objectives, such as market research, consumer behavior and profiling, data analytics, and anonymously analyzing market trends.
- Regarding the publication of any information and material on the Platform, CALLFRND is considered a simple “intermediary” as defined by the relevant legislation, and it disclaims all liability and obligation for the publication of Your information and content. CALLFRND is not responsible for paying you anything in exchange for republishing or persistently posting any content or information that you submit on the platform.
- Depending on the kind of information, its intended use, its means, and its modes of use, as well as the Sensitive Personal Information Rules, CALLFRND may keep the material and information you provide on the Platform for as long as is required.
- We are under no duty to keep an eye on the content that is uploaded on the Platform. Any material that, in our sole judgment, contravenes or is suspected of violating any relevant law or the spirit or text of these Terms of Service may be removed or edited. You are nonetheless solely accountable for the content of the materials you post on the platform and in your private messages, notwithstanding this privilege. We will never take on or be liable for any content that is placed on the Platform, or for any claims, losses, or damages that may arise from using or viewing the content. You hereby affirm and guarantee that you are the owner of all the rights to the content you supply and the information it includes, and that it does not violate any third-party’s property or other rights or contain any material that is defamatory, tortuous, or otherwise illegal.
LIMITATION OF LIABILITY
Each of the following subsections only applies to the extent allowed by applicable law, so please read this carefully as it limits the liability of CALLFRND and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the CALLFRND). Nothing in this section is meant to restrict any of your rights that might not be legally restricted.
- You assume all risks associated with using the Services and any Content. You acknowledge and accept that, unless otherwise noted in writing, the Services are offered to you “AS IS” and “AS AVAILABLE,” with no explicit or implied representations or guarantees. Without limiting the aforementioned, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS.
- Without affecting the aforementioned, we disclaim all liability and make no warranties regarding: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any damage to your computer system, data loss, or other harm resulting from your use of the Services or any Content; (iii) the deletion of any Content or other communications maintained by the Services, or the failure to store or transmit them; and (iv) whether the Services will meet your needs or be available continuously, securely, or without errors. No written or spoken advice or information received from us or via the Services will establish any kind of guarantee or representation that isn’t specifically stated here.
- To the greatest extent permitted by applicable law, we will not be held liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or for any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to, use of, or inability to use the services; (ii) any third-party’s conduct or content on the services, including, but not limited to, any defamatory, offensive, or illegal behavior by other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use, or alteration of your transmissions or content.
- CALLFRND’s total liability will never be greater than the amount you paid us for the services that gave rise to the claim.
- Whether or not we have been informed of the possibility of any such damages, and even if a remedy outlined here is determined to have failed of its essential purpose, the limitations of this subsection shall apply to any theory of liability, whether based on a warranty, contract, statute, tort (including negligence), or otherwise.
DISCLAIMER
- CALLFRND hereby expressly disclaims any liability for any payment given to any of its staff members or listeners during a session, whether made directly or indirectly. This covers any money that you, the user, may have offered or requested. It is crucial to realize that CALLFRND’s billing system only charges users for the time they spend in sessions; payments are taken out of the wallet that is kept in the user’s account.
- We would like to make it very clear that any exchange of personal information between users and our staff or listeners is strictly forbidden and discouraged by CALLFRND. This includes private information, including bank account information, phone numbers, addresses, and other sensitive data, whether or not you voluntarily provided it while using our services. We prioritize the privacy and security of our users and their information.
- CALLFRND assures Users that Supporters do not have access to any personal information provided by You within the app. Therefore, any information that a Supporter may come across during or after a session will be assumed to have been willingly shared by You. We maintain stringent data protection protocols to safeguard the privacy and confidentiality of Users of CALLFRND.
- Our services are created specifically to offer a platform for interactive meetings. Any attempt by Supporters to build or maintain personal ties outside of the sessions they are seeking is strongly discouraged by CALLFRND. CALLFRND has no control for any purpose or actions by Supporters or Users that are outside the parameters of these services.
- As part of its dedication to user safety and privacy, CALLFRND has put in place a number of extra safeguards. For interpersonal contacts outside of our services, we neither encourage nor promote any particular Supporter. To limit how their personal information is shared, users are urged to use the app’s privacy settings. We encourage users to notify our customer support team right away if they experience any improper behavior or solicitation from Supporters. Additionally, users are reminded of their own accountability to use caution and discretion while sharing personal information and utilizing our services.
- CALLFRND strictly complies with all relevant laws and rules pertaining to privacy and data protection. Users or Supporters who violate these laws will be reported to the proper authorities, and necessary legal action will be taken.
INDEMNIFICATION
In the event that you violate any of the Terms, including but not limited to obligations relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation, or law, or your access or use of the Services and the Platform, you agree to indemnify and hold harmless CALLFRND and its officers, directors, employees, and agents from any charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys’ fees and expert fees) resulting from, arising out of, or connected in any way.
FORCE MAJEURE
If an act of war, floods, fires, bad weather, hostility, or sabotage, an act of God, pandemics, lockdowns, labor stoppages, an electrical, internet, cellular network, or telecommunication failure or power outage, government restrictions, political strikes, or any other event beyond CALLFRND’s reasonable control results in a failure or delay of performance of services and disruption to the Platform, CALLFRND will not be held liable for any breach of the Terms, damages, losses, costs, or expenses, or any other event.
SEVERABILITY
The legality of these Terms as a whole will not be impacted if any of their provisions are declared void or unenforceable; the unenforceable parts will be removed, and the other provisions will remain fully enforceable.
GOVERNING LAW AND JURISDICTION
- For the purposes of the Terms:
(a) “Dispute” will refer to any disagreement, claim, or dispute emerging from or pertaining to: (i) the Terms, their interpretation, or the Terms’ violation, termination, application, or validity; or (ii) any other disagreement resulting from or relating to CALLFRND and You’s relationship.
(b) CALLFRND’s parents, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any other third party that supplies goods or services that CALLFRND buys from or distributes shall all be referred to as “CALLFRND.”
(c) You and people in your immediate vicinity, including your agents, associates, and family members, shall be referred to as “Users.”
- Each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Thuckalay, TamilNadu, India, with respect to any disputes, legal action, or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. These Terms shall be governed and interpreted in accordance with the substantive laws of India and subject to the arbitration provisions below.
- The parties hereto shall first attempt to resolve any dispute that may arise from or be related to these terms in an amicable manner. Either Party may refer the dispute for arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (India), any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in effect, if the dispute cannot be settled amicably within fifteen (15) days of the start of discussions or within a longer period that the Parties mutually agree in writing. A single arbitrator chosen by the parties’ mutual accord will preside over the arbitration. The arbitration will take place in Thuckalay, TamilNadu, India, with the
- Any court with the authority to enforce it may enter a judgment on the award made in any arbitration started under this agreement, which will be final and conclusive. The parties agree to carry out the arbitration’s decision. The Parties further agree that until the Dispute has been resolved in accordance with the arbitration procedure outlined herein, and only then for the enforcement of the award rendered in such arbitration, no Party shall have the right to initiate or continue a suit or legal proceeding concerning a Dispute hereunder (apart from for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms). Except for the issues at issue, the parties will continue to use their remaining respective rights whilst a dispute is being arbitrated.