TERMS AND CONDITIONS
THE FOLLOWING COMPRISES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Vlogcall WITH ENFORCEABLE OBLIGATIONS. READ THE TERMS CONTAINED IN THE AGREEMENT CAREFULLY.
BY VIEWING OR OTHERWISE ACCESSING THIS MOBILE APP OR USING ITS SERVICE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICATION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder are applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an agreement between you ("you" or "your") and "Vlogcall", “Vlogcall”, “Vlogcall”, “Vlogcall”, “Company”, “the company”, “us”, "we," or "our" that governs your use of the search services offered by Vlogcall through its "Website", “Mobile Application” or any other medium through which Vlogcall may provide its services (collectively "Platforms" ) or facilitation in making you contact various service providers. When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
This terms of use governs all use of thehttp://vlogcall.com/ (hereafter referred to “Vlogcall” or “Company” or “Us”, “Our”, “We”) website and all content, services and products available to you at or through the web site and mobile app. The Application and Website is owned and operated by vlogcall, a Company located in Noida, India.
How the Site, Application and Services Works (Terms/Procedure)?
Vlogcall is a platform which connects people and helps them share ideas, seek advice or provide consultation. It allows Members/Customers to connect, communicate and get consultation from Consultants of their choice.
The Consultants on Vlogcall platform are from different fields including but not limited to Psychology, Teaching, Astrology, Relationship Counselling, Motivation, Social Media, Business, Sales & Marketing, Funding, Product & Design, Technology, Skills & Management, Industries, Branding, Finance, Stock Trading, Customer Engagement, Strategy, Human Resources, Business Development, Legal, Accounts, Security, Sales & Marketing, Social Media Marketing, Search Engine Optimization, Public Relations, Branding, Publishing, Inbound Marketing, Email Marketing, Content Writing, Advertising, Fitness, Software Development, Mobile Technology, Insurance, Coaching, E-commerce, Education, Sports, Real Estate, Restaurant & Retail, Blogging among other such fields.
It is expressly clarified that we do not have any set eligibility criteria to term anyone as an expert or a Consultant. The Consultants declare themselves as experts of their chosen fields/categories/professions and claim to have expertise in the said field. It is not our responsibility to check their credentials or degrees or experience and hence we have no liability of any kind in this respect.
After downloading the Vlogcall mobile application, you will be able to access the terms and conditions of its fair use. It is your responsibility to read, understand and agree to the terms and conditions. If you do not agree with any of our terms or conditions of use, you can contact us to clarify or choose not to use Vlogcall any further. You can contact us at support@vlogcall.com to seek more details. You shall be bound by the terms and conditions, once you agree and start using the Vlogcall app.
THE SERVICE FOR ANDROID USERS
Vlogcall is a Mobile App specifically designed to connect Celebrities, Influencers, Consultants (hereinafter referred to as “Consultant”) with their fans, followers, users or other Vlogcall app users. With Vlogcall, you can easily connect with verified and trusted consultants and experts via a direct telephone call. You will be able to seek advice, get personalized assistance or simply, know something new every day from popular social media personalities from across the world.
Our Service to Android Users:
Android operating system powered smartphone users will be able to download the Vlogcall App which has been made available on the Google Play Store. Android Users will be able to make Voice Over Internet Protocol (VOIP) calls, which shall include voice and video calls at the rates set forth per Consultant. Android Users shall also be able to make public switched telephone network (PTSN) audio calls.
THE SERVICE FOR iOS USERS
Vlogcall is a Mobile App specifically designed to connect Celebrities, Influencers, Consultants (hereinafter referred to as “Consultant”) with their fans, followers, users or other vlogcall app users. With Vlogcall, you can easily connect with verified and trusted consultants and experts via a direct telephone call. You will be able to seek advice, get personalized assistance or simply, know something new every day from popular social media personalities from across the world.
Our Service to iOS Users:
iOS powered smartphone users will able to download vlogcall App which has been made available on the Apple Store. iOS Users will be able to make public switched telephone network (PTSN) audio calls only. You, as an iOS smartphone User, expressly understand that you will not be able to make internet voice or video calls. You expressly understand that you will be charged according to rates provided by your Network Service Provider. This shall not limit Us from charging the rate that apply to the Consultant you’ve Consulted.
ELIGIBILITY
You warrant that you’re at least 18 years of age to access the website and its service. Any use of the Service is void in Countries or territories where prohibited. By accessing and using the Mobile App and its service, you represent and warrant that you have the authority and capacity to enter into this Agreement and to abide by all of the terms of use of this Agreement.
ACCOUNT AND SIGN UP
FOR USERS: In order to place a Call to a Consultant, whether you’re an iPhone or Android User, You will be required to create an account with Us (“Account”), and You may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible when you request to make a Call on the Mobile App. Any account created by you on vlogcall app is for your personal use only. You are solely responsible for any authorized or unauthorized access of your account with Us. You expressly understand and agree that you’ll be responsible for keeping your login credentials safe at all times. During your account registration, You certify that all information You provide is complete and accurate. You agree to update Your information in the event of any changes or as may be notified to you.
The User is required to Agree to the Terms and Conditions to start the Sign Up process. The User should ensure they have read and understood the terms and conditions by clicking on the terms and condition link.
After the User has agreed to the Terms and Conditions, the user has to enter their mobile number.
The User mobile number is verified using our automated verification process. An SMS will be sent with the verification code on the mobile number entered by the user.
The User can also manually verify if automatic verification system does not work.
Once the automatic verification system is complete, the Customer has to enter their name.
The Customer will be asked to create a username, which acts as a unique identification of the Customer on the Vlogcall platform.
For Consultants, the username helps their Customers to reach them easily on the Vlogcall platform. Consultants can share the username with their followers/subscribers/people to allow them to search their profiles on Vlogcall to seek consultation.
Vlogcall App is only a platform provider between the registered consultant and the end user. Vlogcall is not liable in any ways for the communication/discussion and any other business transactions which might take place during the call between the end user and the registered consultant.
FOR CONSULTANTS: In order to be listed as a Consultant on the Vlogcall App, you understand that you will be required to create an account as a Consultant. At our sole discretion, we may request that you undergo certain verification process which may require valid ID. You also warrant that you will use your reasonable efforts to keep your login credentials safe at all time. You’re solely responsible for responding to queries from the Users.
We have made necessary arrangements to ensure your safety as we will not share any personal identifiable information (PII) with Users to ensure that you’re not been traced or stalked. We strongly discourage providing any personal identifiable information to a User during a Consultation. All audio communications are secured, as we do not have access to any conversation that may occur between you and any User that reaches out to you.
The Sign Up process for a Consultant is similar to the Customer Sign Up process. Every Consultant has to first undergo the same Sign Up procedure as a Customer.
To Sign Up as a Consultant, “You” have to update/set at least 3 sections on the Vlogcall app apart from the other mandatory Sign Up steps required during the Customer Sign Up;
1. Call Rate – A Consultant should update the Consultation Fee/Rate for the consultation provided to Customers on the Vlogcall app.
2. Online Hours – A Consultant should set his Online Hours (set time of the days during the week when he is available to take calls and provide consultation to customers). During online hours, Customers will be able to call Consultants. Once the online hours are over, a Consultants’ profile will be shown as offline to Customers on the Vlogcall application. If a Consultant is Offline, a Customer will not be able to call the Consultant.
3. Add Profession - Consultants are required to add their profession/skill so that it is easier for Customers to identify and call Consultants based on their choice. It is also useful for Customers to search for Consultants based on their particular profession.
4. Profile - Vlogcall App provides Delete and Logout functionalities. In case the consultant deletes his/her profile by mistake or on purpose, and he/she wants to re-use the App, please seek customer care assistance to log in.
After adding all the details mentioned above, the Consultant Sign up process is complete and the Customers can now search the Consultant using their username, name, and/or profession.
The Consultants are advised to complete their profile for better results. To this end, they should add; I. Profile picture. II. Video informing Customers of the services they offer. III. Provide proper information about their services.
It is expressly clarified that any false/incorrect information furnished by the Consultant shall entitle “Us” to prosecute “You” for the same.
Once you register as a consultant on vlogcall App, your profile will remain intact unless you delete or deactivate it.
Should you notice any unauthorized activity or changes to your account, please contact us using the support menu provided on the App or send you may reach us at:support@vlogcall.com.
CALL RATES
1. Call Rates are set on a per minute basis. 2. Once the Call Rate has been set by the Consultant, the amount will be deducted from the Customer’s Vlogcall app wallet after getting consultation from the Consultant. The amount will be deducted for each minute based on the Call Rate set by the Consultant. 3. If the Customer does not have any minimum balance in their Vlogcall wallet, they will not be able to initiate the call with the Consultant. The Minimum Amount/Balance is defined as the per minute call rate set by the said Consultant for 1 minute of the call. 4. Customers are charged for a minimum of 1 minute of the call. Also, the pulse of a call is 1 minute. The Customer will be charged, as per the call rate of the Consultant, at the start of every minute of the call. It is clarified that even if “Your” call lasts for lesser duration, the call charges would be rounded off to the next minute (For clarification purposes, if “Your” call lasts for 1 minute and 10 seconds, then “You” will be charged for 2 minutes).
WALLET
The Vlogcall Wallet details can be accessed from the App Homepage.
If the Customer has not deposited any money in their App Wallet, the balance will be ?0.00 (zero).
If Vlogcall chooses to give bonus amount to Customers/Consultants at their discretion, the wallet balance will reflect the bonus amount.
PAYMENT/DEPOSIT
Customers can “Add/Deposit” money in their App wallet. Once the money has been added, they can call the Consultant of their choice.
To initiate the call with a Consultant, a Customer’s app wallet should have the minimum balance equivalent to at least the charges of 1 minute call rate set by the Consultant. If Customer's wallet balance is less than the minimum wallet balance required for 1 minute of the call, the Customer will not be able to contact the Consultant by the Vlogcall platform.
The depositing of money in Vlogcall wallet is handled by third party payment gateways. Vlogcall is currently using the Paytm gateway and may decide to useadditional payment gateway or switch to a new payment gateway for the sole reason of offering ease and convenience for our Customers/Consultants. Vlogcall ensures it works with reputed payment gateway providers however, Vlogcall does not control the workings of these third party payment gateway and therefore shall not be responsible for any loss and damages incurred by using these payment gateways. Although chances of such losses are negligible,Vlogcall advises its Customers/Consultants to use such payment gateways correctly and carefully.
We have made this Mobile App available to you at no cost. However, you will be needed to fund your wallet to use certain parts of this service. We charge you on a per minute basis for all Consultations seeked or taken by you.
You will see the rate that applies to you before making a Consultation call to any of our Consultant.
To fund your wallet, you authorize us to bill you through the payment information you provide as may be requested through the vlogcall Mobile App. If we’re unable to bill you through the Payment information you’ve provided, we will notify you about such failed transaction. Should we determine that you’ve provided a payment information which could pose a potential risk to Us or our Mobile App, we reserve the rights to suspend the service to you or terminate your account at our sole discretion.
All payments made to vlogcall through the App are exclusive of all applicable taxes, and you expressly understand and agree that you will be responsible for the payments of any and all taxes that may arise in connection with your use of this Service.
WITHDRAWAL
A Customer or Consultant can request for withdrawal from the Vlogcall wallet balance if the amount is ?50 (fifty rupees in Indian currency) or more. The minimum withdrawal limit is subject to change from time to time and it can be changed without any prior intimation given to the user. To know more about the latest minimum withdrawal limit, contact the Vlogcall customer support on "Get Help" Section on the Vlogcall mobile app.
After the withdrawal request has been made, the money is transferred to either the Paytm or the Bank Account of the Customer/Consultant.
If no preference has been intimated by the Consultant/Customer, the withdrawal amount will be credited to the registered Paytm number on the Vlogcall application.
After the withdrawal request has been made, the Customer/Consultant will be asked to provide their Paytm or bank account details for receiving the withdrawal amount. If they don't provide this information, it will be assumed that the user has a registered Paytm account on their registered Vlogcall number and the funds will be transferred to that Paytm account. For any questions please contact Vlogcall customer service through the "Get Help" section on the application.
If the Customer/Consultant does not mention his preference before making the withdrawal request, the amount will be processed to their registered Vlogcall number through Paytm. If the withdrawal amount is lost/not received by the Consultant/Customer, Vlogcall will not be held responsible for any such loss or damages. It is highly advised that Customers/Consultants be careful and should only provide correct information on Vlogcall. In case of any questions or queries, contact Vlogcall customer service team from the "Get Help" menu on the application.
Once the withdrawal request has been made by the Customer/Consultant, Vlogcall will take a minimum of 48 hours or 2 working days for transferring the amount. This excludes Weekends and Public Holidays.
The withdrawal amount will be withheld in case Vlogcall identities suspicious activity on the platform, abuse of the platform or any other reason which may raise security or other concerns on the Vlogcall platform.
The withdrawal amount can also be withheld if vlogcall deems it necessary to carry a manual verification of the Customer/Consultant. In case,Customer/Consultant has any questions, they can get in touch with the customer support team using the "Get Help" section on the Vlogcall mobile application.
If the payment is lost during bank transfers, third party payment wallets transfers, payment gateways providers; Vlogcall will not be held responsible for any such loss and damages incurred due to the fault of the bank. Vlogcall will attempt to resolve all such issues by contacting relevant service providers, banks and may also ask Customer/Consultant to contact their respective banking/wallet service providers to resolve such issue as soon as possible.
CHARGEBACK
The Customer(s) agrees that he/she would not do any charge back as it would not be applicable with services of vlogcall. The Customer(s) acknowledges that Vlogcall is only a service platform provider and does not sell any product, and if The Customer(s) has used services of vlogcall, then they simply cannot claim charge back.
EARNING
The earnings made by a Consultant for each call received by them is shown in the wallet menu. The call history provides details of Customer name, duration, date of the call and the earning details.
If the Consultant has set ?0.00 (zero) per minute call rate, they will not see any call records as mentioned above. If call duration is less than 30 seconds, you will not get any amount for this call.
CALLS
The consultation Calls can only be made from the registered number on the Vlogcall app. The Calls will not be initiated from any phone number which is not registered on the vlogcall platform.
If the Customer uses a mobile phone with dual sim, Calls can only be initiated by the number registered on the VlogCall platform. To make the calls from the other number, the Customer needs to register the second SIM on vlogcall first, before initiating the call with the Consultant.
In addition to the per minute call rates set by Consultant, the Customer will also be charged standard call rate set by their network provider. These rates are decided by “Your” network operator and Vlogcall does not have any control over such incriminating charges. The pulse of the call is decided by “Your” network operator and the charges are levied by them. To avoid network call charges, it is advised to register a number with the lowest call charges plan or a free call plan offered by network providers.
Customers can call Consultants primarily in the following two manners:
List View
1. Home Screen List view - Consultant can be directly called by Tapping/Clicking on the Call Button icon.
2. Search Results List View – Customers can search the username of Consultant through the Vlogcall search option. You can recreate the same steps to call the Consultant as in Home Screen List View.
Detail View/Profile View
1. Customer can also call the Consultant from the profile/detail view. Tap/Click on List View takes the Customer on the Consultant profile view and calls can be initiated by pressing the Call button.
LOCATION
The Vlogcall platform doesn’t make it mandatory for the Customer/Consultant to provide their location details. As a Consultant, you can authorise us to determine your location which will be visible to our Customers on the platform and kept for records purpose only. It is expressly clarified herein that this information is not shared with anyone except our Customers on the Vlogcall platform.
VIDEO CONTENT
The Consultants hereby agree and give us complete rights to use videos and content created by them for Vlogcall for marketing purposes. The Consultant also allows Vlogcall to use their name and brand to market their services. This will be done at the discretion of Vlogcall to try and ensure that the consultants can receive more calls on the platform. The Vlogcall platform can use the Consultant video in any manner to promote either the Vlogcall Mobile Application or the consultant and the said usage of the Video will not be in breach of any of the Intellectual Property Rights associated with the Video nor would it be in any breach of any other law or contract between the parties. The Consultant undertakes to not initiate any legal or any other action against the Vlogcall.
PAYMENT REFUND
The Customer can NEVER seek refund after utilizing the Vlogcall consultation services. If the Customer has contacted and had a conversation with any Consultant, they are not entitled to seek payment refund of any kind.
The Customer can NEVER seek payment refund if the call is not directly received by the Consultant himself. The vlogcall platform does not stand liable if the Consultant doesn’t pick the call himself/herself at his available time as per his schedule. Vlogcall doesn’t exert control over the Consultant and hence no money will be refunded to the Customer in case the call is not directly picked up by the Consultant.
The Customer can NEVER seek payment refund if the call is not directly received by the Consultant himself. The Vlogcall platform does not stand liable if the Consultant doesn’t pick the call himself/herself at his available time as per his schedule. Vlogcall doesn’t exert control over the Consultant and hence no money will be refunded to the Customer in case the call is not directly picked up by the Consultant.
A nominal charge of 10% is levied on all refund and withdrawal amounts. Vlogcall reserves the right to change the charges levied at its sole discretion.
“You” agree and acknowledge that the role of Vlogcall is limited only to provide the platform and hence all responsibilities including but not limited to compliance with laws, contractual terms, information, background check, etc. that has been uploaded by Consultant shall not be ours. At no point of time and for no reasons whatsoever, Vlogcall will not have liability or responsibility either to you or to anyone else.
You also understand and acknowledge that Vlogcall does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Customers/Members and Consultants. You acknowledge and agree that, as a Consultant, you are responsible for providing accurate details and your own acts and omissions.
Vlogcall platform has no liability about the veracity of the information about the Consultant. Vlogcall does not verify the credentials of any of our “Members” or “Consultants”. You understand and acknowledge that Consultants are not our employees or agents but are independent service providers using the Site, Application and Services to market their consultation services to Customers and the general public. You acknowledge and agree that Vlogcall will not be liable for any loss or damage caused by your reliance on information provided by Consultants or information contained in Member Content.
You acknowledge and agree that you will not hold us liable in any manner for any kind of losses incurred during to usage of the services facilitated by Vlogcall. You understand, appreciate, acknowledge and admit that the actual services and/or information on Vlogcall is being provided by the Consultant/service provider and Vlogcall does not have any control over the same. In case of any loss/damages/harm/accident/etc. due to direct/indirect use of the Vlogcall platform in any manner, “You” agree to not lay claim or seek any damages from us. There is no liability on Vlogcall of any kind for the same.
It is also expressly clarified that appropriate action will be taken against the Customer if he/she does not provide correct information or attempts to take any disadvantage from the Vlogcall platform. We will initiate proper legal action for misbehavior with Vlogcall or the Consultant and service providers. We shall also be entitled to deduct/set off the amount from your next transaction. The amount shall be equal to an amount which you would have incurred for 30 minutes consultation with the said Consultant.
TAXES
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Vlogcall cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
We maintain a separate ledger account of each Consultant and it can be procured upon request. We assist but do not guarantee that you don’t have to pay when your call is not connected. Even if any amount is deducted from your Vlogcall wallet, we will add it in the ledger balance which can be checked by you.
Vlogcall’s role is limited to facilitating the availability of the Site, Application and Services and to provide services related thereto, such as arranging your call with the Consultant or scheduling an Appointment, call queuing, call cycling, payment integration and call facilitation.
LIMITS & FRAUD PREVENTION
Any dishonest/unfair/unscrupulous/crooked use of the vlogcall platform will attract disruption of your services with immediate effect. vlogcall reserves the right to block/suspend/revoke the account of its customers or to not to make any payments of its customer who are found guilty of unfair use.
Vlogcall reserves the right to suspend Website/Mobile Application Services to “You” at any time, for any reason, including, but not limited, to the following points:-
For any suspected violation of the rules, orders, regulations, notifications and directions issued by Reserve Bank of India on timely basis or for any breach of the mentioned terms and conditions herein.
For any suspected discrepancy in the particular(s), documentation or KYC enrolment details provided by you.
To combat potential fraud, damage, wilful destruction, use of abusive language, and threat to national security.
Due to technical failure, modification, upgrade, variation, relocation, maintenance, repair, and/or due to any other technical reasons and/or for any emergency.
Due to any transmission deficiencies caused by topographical and geographical limitations.
Your vlogcall registered mobile connection ceases to be operational or is not in your possession and direct control.
We determine in our reasonable opinion that cessation/ suspension is compulsory.
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
Vlogcall Website/Mobile Application reserves the right to set off any balance in your wallet in order to recover funds for transactions processed as per your request.
The Vlogcall account expiry and balance forfeiture will depend upon the inactive use of Vlogcall platform for a period of 3 months from last activity. Vlogcall application reserves the rights to forfeit the amount.
Charges pertaining to transactions shall be in accordance with RBI guidelines as applicable on timely basis.
CONTENT MISUSE
You will not post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information). Vlogcall has no responsibility whatsoever for the contents of the advertisement posted by Consultants/Members. We cannot be held responsible if the contents are obscene, hurts the sentiments of anyone or section of society or religious sentiments, etc. However we ensure strict action against any such advertisements if reported to us.
USING vlogcall:
While using the Vlogcall platform, you will adhere to the following:
If Vlogcall platform requests Sign Up/registration information, you are entitled to provide true, accurate, recent, and complete information.
You agree to Log Out from your Vlogcall account at the end of each session for your own online security.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, grant a security interest in, reverse engineer, or otherwise transfer any right to the technology or software underlying Vlogcall’s websites/app or its Services.
Without limiting the above rules, You agree not to use the Services offered through our site or Vlogcall Mobile Application to take any of the following actions:
Engage in any act which is offensive, obscene, indecent, anti-religious, anti-national, racial, objectionable, and defamatory, harasses, stalks, threatens, or otherwise violates the legal rights of others.
Publish, post, upload, e-mail, propagate or distribute any inappropriate, profane, defamatory, obscene, indecent, or unlawful content.
Attempt to unlawfully hack or transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its website/app, any software or hardware, or telecommunications equipment.
Advertise or offer to sell any goods or services for any commercial purpose unless permission is granted and written consent is procured from vlogcall.
Transmit websites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising, promotional materials or chain letters.
Distribute viruses or any other technologies that may harm Vlogcall or the interests or property of Vlogcall platform users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
Copy, modify or distribute rights or content from the Website or Fibler’s copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.
Collect or store personal information about other Users.
Impersonate any person or entity, including, but not limited to, a representative of Vlogcall Website/Mobile Application or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site or related application or to manipulate Your presence on the site or Vlogcall application available through authorized sources.
Take any action that imposes an unreasonably or disproportionately immense load on our infrastructure/ network.
Engage in any illegal activities.
Unauthorized access to our site or Vlogcall application is a breach of these Terms and a violation of the law.
You agree not to access our site or Vlogcall application by any means other than through the interface that is provided by Vlogcall Website/Mobile Application for use in accessing our site or related application.
You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of your site or Vlogcall application, except those automated means that Vlogcall Website/Mobile Application has approved in advance and in writing.
KYC COMPLIANCE
"KYC" stands for Know Your Customer and refers to the various norms, rules, and laws issued by Reserve Bank of India from time to time.
Vlogcall Website/Mobile Application is required to procure personal identification details from its Users before any Services can be delivered and at the time of Registration and/or on a later date for availing and/or continuation of the said Website/Mobile Application.
The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and vlogcall Website/Mobile Application reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
Vlogcall reserves the right to discontinue Services at any time if there are discrepancies in information and/or documentation provided by “You”.
The information provided to us with the intention of securing Vlogcall Mobile Application Services shall be retained with us, and may be used, for any purpose consistent with any applicable law or regulation, at our discretion.
If the particulars provided by You in the KYC documents does not match with the details mentioned in the Vlogcall profile, thenDIGITECH SOLUTION has the right to forfeit the balance amount in your Vlogcall Mobile Application account or stop the transfer of the amount in your Paytm account.
These limitations may be reviewed and modified at the discretion of vlogcall platform without providing prior intimation to “You”, subject to guidelines/notifications issued by RBI from time to time.
CONFIDENTIAL INFORMATION You are advised to not share any confidential, proprietary or any other information which you intend be kept as confidential or private with Vlogcall. Vlogcall requests your personally identifiable information and agrees specifically to keep it confidential as provided in our Privacy Policy. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction.
LOGOS AND PROPERTY
The Vlogcall company name, logos, related products, service names, design marks, slogans, trademarks and service marks or any other Intellectual Property Rights is owned by and used under license from Vlogcall and its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Vlogcall Platforms must bear copyright, trademark or other proprietary notice located on the respective platforms that pertain to the material being copied.
“You” are not authorized to use any Vlogcall name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Vlogcall. Requests for authorization should be made tosupport@vlogcall.com.
CALLS RECORDING
We reserve our right to record the calls made through the Vlogcall platform for quality control and internal reports. You specifically AGREE that you have no objection for recording and use of such calls. The calls made through the Vlogcall platform is only permissible for engaging in professional services. It is conclusively presumed that you would not be engaging in any discussions which are private in nature and hence, you have no objection for recording and usage of the recorded calls.
SERVICES NOT OFFERED by Vlogcall
We don’t offer our services neither do we promote any services in any manner relating to an act which is:
Gambling of any kind
Remittance services
Is obscene, indecent, scandalous, pornographic, profane, sexually explicit, threatening, or abusive;
Constitutes or contains false or misleading indications of origin or statements of fact;
Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
Causes injury of any kind to any person or entity;
Infringes or violates the Intellectual Property Rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
Violates any applicable laws, rules, or regulations;
Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Impersonates another person or entity, or that collects or uses any information about Site visitors. Prohibited by law in any manner.
GENERAL TERMS
You can register as a Customer, by providing a valid phone number, your name, valid and functional e-mail address and any other additional information that RBI regulations may prescribe to be necessary to fulfilKnow Your Customer norms ("KYC Norms"), or other information as Vlogcall may deem fit (“Registration Data”).
Any communication sent to you through your registered phone number and or e-mail id would be deemed as complete service.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all Activities and Transactions that occur through your Account and Vlogcall, whether initiated by You or any third party.
The password and other details of the Account should not be shared with anyone. If you do so, it shall be at your own risk, cost and peril and Vlogcall will not be responsible in any manner.
Vlogcall reserves the right, if we deem reasonable or justified, to unilaterally suspend or terminate Your Account with immediate effect and for an indefinite period. Reasonableness includes but is not limited to furnishing of wrong or false data, Registration Data or any other data provided by You, any fraud charges against You raised by the bank or concerned authorities. We also reserve the right to share your information with the relevant authorities for the purposes of investigation or in consequence of any judicial, administrative or executive order.
You are authorized to open only ONE Account in association with Registration Data provided by you.
In case of any unauthorized use of your Vlogcall Account, please immediately reach out to ‘Us’ at @Vlogcall.com. 1. In case, of any problem such as you are unable to access your Account or vlogcall, please inform ‘Us’ at support@Vlogcall.com and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to your request.
You shall not probe, scan or test the vulnerability of the Vlogcall Site, platform or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site.
You are strictly prohibited to use any means to intrude into anyone else’s account. If done so, it will be presumed that your intentions are mischievous and criminal.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the vlogcall Site, platform or Our systems or networks, or any systems or networks connected to the Site. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission You send to Us on or through the Site or any service offered on or through Vlogcall. You will not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You will not use the Site or any Content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity that infringes the rights of Vlogcall or other related third party.
You shall not use the Vlogcall Services, App or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the platform.
You shall be the sole responsible authority for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (“Posted Content”). Such Posted Content will automatically become ‘Our’ property and ‘You’ grant ‘Us’ the worldwide, perpetual and transferable rights for such Posted Content.
We shall be entitled to use the Posted Content or any of its elements for any type of use, including but not limited to, promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Posted Content.
You agree that all such Content will be used by Vlogcall in the manner that we deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us.
As your Account ID is connected to your mobile number, it is your sole responsibility to inform Vlogcall, in case you terminate using the mobile number that corresponds to your account ID. The account ID corresponding to the mobile number you register with Us can be accessed by you only till the time you have access to the corresponding mobile number. It is your responsibility to transfer your Account ID to a new mobile number, if and when you change your number. Not doing so may give access to your Vlogcall credit balance to the new user of the same mobile number and Vlogcall will not be liable or responsible for the same. You are also liable for ensuring the security of your password, verification OTP and phone PIN. In case of loss of your mobile phone and/or Vlogcall Password/PIN, you should intimate Vlogcall in writing immediately.
By signing up for Vlogcall services, you allow Vlogcall to send emails and SMS alerts to your registerd email id and phone number from time to time.
Vlogcall will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such cases, depending upon the modality and the mechanism as may be devised, the Customer will be provided with the services by the Service Provider jointly and/or separately with the party/ies in joint venture. The Customer herebygives his irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
PRIVACY POLICY
Vlogcall doesn’t demand or require any confidential or proprietary information. Vlogcall requests your personally identifiable information and agrees specifically to keep it confidential as provided in our Privacy Policy. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. Vlogcall is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and “Users” of the Vlogcall Website/Application/Site/Platform.
To read our privacy policy statement regarding personal information, please refer to thePRIVACY POLICY.
SUSPENSION AND RESTRICTIONS TO USE SERVICE
In case of your breach of the Terms, or any other event as We may deem necessary, including without limitation, any disruption to Vlogcall and/or Force Majeure event; We may, in our sole discretion and without liability to you, with or without prior notice (a) suspend your access to all or a portion of our Services; (b) completely terminate your account with us without any liability to you.
Termination Arising from Fraudulent Activities, Violation of Terms: We reserve the right to terminate your account, should you attempt to use the service in a way which shall be deemed as fraudulent, or should be reported by a Consultant about an engagement which violate the purpose for Vlogcall has been designed.
You understand that we under Obligation to retain data/information which may be turned over to the law enforcement authorities in event of suspension/closure arising from fraud investigations, or violation of Vlogcall Terms,
USE OF SERVICES; ASSUMPTION OF RISK.
Both Users and Consultant agree that the Service is intended to be used to facilitate interactions between parties. Vlogcall cannot and does not control or guarantee the content contained in any Interaction or the information exchanged between Users via the Service.
You expressly understand that all engagements or interaction with any User of this Platform will be conducted only through the Mobile App. We expressly discourage our Users from having any physical contact with another User whom they have consulted.
Vlogcall DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR ENGAGEMENT WITH OTHER USERS.VLOGCALL ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. VLOGCALL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. VLOGCALL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
VLOGCALL DOES NOT PROVIDE ANY WARRANTY AS TO THE GENUINENESS OF THE REGISTERED CONSULTANTS; NOR IT VERIFIES THE AUTHENTICITY OF ANY OF THE REGISTERED CONSULTANTS, WHO REGISTER THEMSELVES WITH VLOGCALL. THE USERS AGREE THAT THEY THEMSELVES OUT OF FREE WILL AND CONSENT CHOSE TO AVAIL THE SERVICES OF VLOGCALL.
VLOGCALL WILL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY USER ON THE PLATFORM. IN NO EVENT WILL VLOGCALL, ITS AFFILIATES OR ITS PARTNERS BE LIABLE IN ANYWAY FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANOTHER USE IN CONNECTION WITH THE USE OF THE MOBILE APP OR SERVICES INCLUDING, WITHOUT LIMITATION, EMOTIONAL DISTRESS, DEATH, BODILY INJURY, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE MOBILE APP OR MEET IN PERSON.
PROPRIETARY RIGHTS; GRANT OF LIMITED LICENSE.
The content provided through the Mobile App and Service, including but not limited to, the text, software, graphics, photographs, phone calls, interactive features, tags and other materials (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Us, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult, Vlogcall hereby grants You a limited and revocable single user license to access its computer servers to use the Mobile App for Your private and non-commercial entertainment and educational use and enjoyment only. All Content is provided to You solely for Your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Mobile App or Content. We or Our licensors retain all intellectual and proprietary rights in and to the Mobile App and Content, except as expressly provided herein. No right is granted to You herein to use any Marks.
NON-COMMERCIAL USE
Vlogcall is made available for your personal use only. You may not advertise or solicit any User or Consultant to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to any User or Consultant registered.
AUTHORIZATION TO COMMUNICATE WITH YOU.
By using Vlogcall,
Consultant: By registering an Account with Vlogcall as a Consultant, you hereby authorize Users to Contact you. You understand that it is your responsibility to attend to questions Users may ask using your reasonable and professional knowledge.
User: By using this Service, you understand that you’re solely responsible for your interaction with any Consultant you engage.VLOGCALLSHALL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES OR LEGAL COST YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SERVICE.
(Both the User and Consultant hereinafter referred to as “You” “Your” in the paragraphs below)
You hereby understand and expressly agree that:
a. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of the Service. You acknowledge and agree that Vlogcall shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means.
b. You further expressly acknowledge and agree that Vlogcall does not screen any profiles, affiliated Mobile Apps controlled by Users, or any other persons and Users. You expressly acknowledge that while Vlogcall tries to verify the identity of the Users, VlogCall ultimately has no control over such communications and makes no representations or warranties whatsoever with respect to the character, veracity, age, health or any other attribute of any Users of the Mobile App, including any person who places any advertisements, profiles, posts, chat, or notices in association with the Mobile App. You expressly acknowledge and agree that Vlogcall shall have no liability whatsoever regarding the truth or accuracy of any such profiles and any corresponding telephone communications.
c. You acknowledge and agree that You, and not Vlogcall, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You communicate through the Service even if a claim for damages or liability should arise after termination of Service.
CHANGES IN TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement at all times for changes. Your continuous use of or access to the Mobile App following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Mobile App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of use of this Agreement.
CONTENT POSTED BY YOU
a. By posting Content on the Mobile App or as part of the Service, you automatically grant to Vlogcall its directors, affiliates, licensees, contractors, third party agents and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Vlogcall will not infringe or violate the rights of any third party.
b. In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Mobile App. You may not post, upload, display or otherwise make available Content that:
That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Advocates harassment or intimidation of another person;
Requests money from, or is intended to otherwise defraud, other users of the Mobile App or Service;
Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spamming", "phishing", "trolling" or similar activities);
Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardián);
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Vlogcall reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Mobile App or Service and terminating or suspending the account of such users.
DISCLAIMERS
a. You acknowledge and agree that neither Vlogcall nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect, inaccurate completeness, appropriateness and usefulness of the Content, Feedback, Profiles and other information posted on the Website or Mobile App or provided in connection including with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Mobile App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or Mobile App or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HTTP://VLOGCALL.COM/ PROVIDES THE WEBSITE, MOBILE APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE MOBILE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HTTP://VLOGCALL.COM/ DOES NOT REPRESENT OR WARRANT THAT THE MOBILE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE MOBILE APP OR IN THE SERVICE WILL BE CORRECTED.
LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL VLOGCALL, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF VLOGCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VLOGCALL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VLOGCALL FOR THE SERVICE DURING THE TERM OF ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE MOBILE APP OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
CONTENT DISCLAIMER
Vlogcall communicates information provided and created by professionals, workmen, craftsmen, artists, service providers, advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties, etc. While every attempt has been made to ascertain the authenticity of the content on the Platform, Vlogcall has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, application, site and material on the Platforms may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such above mentioned information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses, etc.
Vlogcall expressly clarifies that it has no resources to check the character, conduct or the antecedents of any person who use our “Service” or provide “Services”. You are solely responsible and should use personal discretion while using the Platform Services. Vlogcall reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, anywhere on our Platforms. Wherever appropriate and possible, we will endeavor to update the information listed on the platform on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and content hosted on the Platforms are reserved solely with Vlogcall. Users are permitted to read, print or download text, data and/or graphics from the Vlogcall Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained on the Platforms in any other manner, either in entirety or in part, is strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on the Platforms as a convenience to the Users only. The listing of an external site does not imply endorsement of the site by Vlogcall or its affiliates. Vlogcall does not make any representations regarding the availability and performance of its Platforms or any of the websites of which we provide external links. When you click on advertiser banners, sponsor links, or other external links from the Application or other Platforms, your browser may automatically direct you to a new browser window which is not hosted or controlled by vlogcall. Vlogcall and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
External links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on any of the externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All the sections in the Application inviting reader participation will contain views, opinions, suggestions, comments and other information provided by the general public, and Vlogcall will not be responsible for the accuracy, veracity or correctness of such information. Vlogcall reserves the absolute and sole right to accept/reject information from readers and/or advertisements from advertisers and impose/relax access rules and regulations for any User(s).
Vlogcall also reserves the right to impose/change the access regulations of the Application, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of Users to refer to these terms and conditions, everytime they use the Vlogcall Platforms.
While every attempt has been made to ascertain the authenticity of the content on “Our” Platforms, Vlogcall is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content on the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses, etc.
WARRANTY DISCLAIMER
Any provider of goods or services is entitled to register with Vlogcall directly. Vlogcall does not examine whether the advertisers are good, reputable or quality sellers of goods/service providers. You must satiate yourself about all such relevant aspects prior to availing Our Services. Vlogcall has not negotiated or discussed any terms of engagement with any advertisers/service providers. You are advised to do the same. Purchasing of goods or availing any services from advertisers on Vlogcall will be your sole responsibility and at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity, quality or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Vlogcall Platforms. It is specifically informed to all the Users that we don’t have any means to check the credentials or involvement in any crime of any of its User, Supplier or Service provider. All such transaction will be proceeded with at your own risk and peril. You are suggested to take all precautions while transacting either with service providers or other users.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Vlogcall Platforms.
Any use of Vlogcall, reliance upon any Materials, and any use of the Internet, will be your sole responsibility and at your own risk. Vlogcall disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed or service provided in the search results in its Platforms.
THE MATERIALS AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE & APPLICATION) OR THE SERVICES PROVIDED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Vlogcall DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. Vlogcall DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VLOGCALL DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Vlogcall MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF THE CONTINUED EXISTENCE AND/OR OPERATIONS OF THE ADVERTISER/SERVICE PROVIDERS, OR THE QUALITY, QUANTITY, MERCHANTABILITY OR FITNESS FOR USE OF THE GOODS OR SERVICES OFFERED BY THE ADVERTISER/SERVICE PROVIDERS.
ADDITIONAL DISCLAIMERS
Vlogcall Users using the services on all/any of the following mediums i.e. through internet, website, SMS, phone, application or any other medium are bound by the additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transactions) with the Advertiser/Service Providers listed with Vlogcall.
Users are cautioned that any information provided or received from the Advertiser/s is taken in good faith, without suspecting the bonafide intentions of the Advertiser/s or the Service Providers and Vlogcall does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed on the Platform. We are not responsible for any act of Advertiser/s listed on Vlogcall.
LIABILITY LIMITATIONS
IN NO EVENT SHALL Vlogcall BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY. EVEN IF Vlogcall IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. Vlogcall DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIALS ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES AND SHALL HAVE ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Vlogcall Platform, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, is solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Vlogcall is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms.
You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
MONITORING OF MATERIALS TRANSMITTED BY YOU
Changes may be periodically incorporated into the Vlogcall Platforms. vlogcall may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted on the Platforms. Anyone using the Platform agrees that Vlogcall may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its Users. Vlogcall reserves the right to modify, reject or eliminate any materials residing on or transmitted on its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
MISCEALLANEOUS
These Terms will be governed by and construed in accordance with the Indian laws only and “You” agree to submit to personal jurisdiction in India. You are responsible for compliance with the applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between “You” and “Vlogcall” and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Vlogcall. vlogcall reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information. Vlogcall reserves the right to seek all remedies available at law and in equity for violations of these Terms.
NOTICES: All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmissions is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received; in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our email i.e.support@vlogcall.com.
FORCE MAJEURE: We will have no liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labour or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
TELEPHONE CONVERSATIONS: All telephone conversations between You and Us about your advertising may be recorded and you hereby consent to such monitoring and recordation.
ARBITRATION: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) There shall be a sole arbitrator to adjudicate the dispute of any kind and the name of Arbitrator shall be decided by us i.e. Vlogcall c) The venue of Arbitration shall be in Delhi, India.
TERMS NOT COVERED: Any Terms which are not covered in this agreement shall be deduced from the Terms of Our competitors or whatever is the market or general practice on that particular issue.
COMPLETE AGREEMENT
These Terms constitute the entire agreement between “You” and Vlogcall with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, “You” should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. As provided in Section 1, these Terms may not be modified except by in writing signed by You and Us; provided, however, “We” may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to You or, if earlier, posting of such revised terms and conditions on vlogcall Website/Application/Platforms.
ARBITRATION AND GOVERNING LAW
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Mobile App shall be BINDING ARBITRATION administered by the Indian Arbitration and Conciliation Act. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST VLOGCALL ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
b. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Vlogcall (except for small-claims court actions) may be commenced only in the federal or state courts located in India. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
ENTIRE AGREEMENT; OTHER.
This Agreement constitutes the entire agreement Vlogcall and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vlogcall, or by the posting by Vlogcall of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Mobile App will be governed by the laws of the state of Israel
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Mobile App, contains the entire agreement between you and Vlogcall regarding the use of the Mobile App and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Vlogcall to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-exclusive, non-transferable and revocable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind vlogcall in any manner.
ACKNOWLEDGEMENT & FEEDBACk
You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement. Should have any questions about your use of Vlogcall’s Mobile App, feel free to contact us at: support@Vlogcall.com.