Last Modified: March 01, 2024
Please
read these terms of use carefully before using the services offered by GoLocall
Web Services Private Limited ("GoLocall"). These terms of use set
forth the legally binding terms and conditions for your use of the website
at https://www.golocall.com (the "site") and the
services, features, content, applications or widgets offered by GoLocall (collectively with the site, the
"service").
1
Acceptance of terms
By
registering for and/or using the service in any manner, including but not
limited to visiting or browsing the site, you agree to all of the terms and
conditions contained herein ("terms of use"), which also incorporate
GoLocall 's privacy policy and all other operating rules, policies
and procedures that may be published from time to time on the site by GoLocall, each of which is incorporated by reference and each of which may be updated
by GoLocall from time to time without
notice to you in accordance with the terms set out under the "modification
of terms of use" section below. In addition, some services offered through
the service may be subject to additional terms and conditions specified by
GoLocall from time to time; your use of
such services is subject to those additional terms and conditions, which are
incorporated into these terms of use by this reference. These terms of use
apply to all users of the service, including, without limitation, users who are
contributors of content, information, and other materials or services on the
site, individual users of the Service, venues that access the service, and
users that have a page on the service.
2
Access
Subject to these terms of use, GoLocall may offer to provide the services, as
described more fully on the site, and which are selected by you, solely for
your own use, and not for the use or benefit of any third party. Services shall
include, but not be limited to, any services GoLocall performs for you, any applications or widgets
offered by GoLocall that you download
from the site or, subject to the terms set out under the "third party
sites and services" section below, from third party application stores
authorized by GoLocall, as well as the offering of any materials displayed or
performed on or through the services (including content (as defined below)).
3
Registration and Eligibility
·
Provide any false personal information to GoLocall (including a false username) or create an
account for anyone other than yourself without such person's permission;
·
Use a username that is the name of another person with
the intent to impersonate that person;
·
Use a username or GoLocall account that is subject to any rights of a
person other than you without appropriate authorization; or
·
Use a username that is a name that is otherwise
offensive, vulgar, obscene or otherwise unlawful.
4
Content
All content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such content. GoLocall cannot
guarantee the authenticity of any content or data which users may provide about
themselves. You acknowledge that all content accessed by you using the service
is at your own risk and you will be solely responsible and liable for any
damage or loss to you or any other party resulting therefrom. For purposes of
these terms of use, the term "content" includes, without limitation,
any location information, logos, images, videos, audio clips, comments,
information, data, text, photographs, software, scripts, graphics, and
interactive features generated, provided, or otherwise made accessible by
GoLocall on or through the service. Content added, created, uploaded,
submitted, distributed, or posted to the service by users is collectively
referred to as, "user submissions."
5
GoLocall Content
The Service contains Content specifically provided by GoLocall or its
partners and such content is protected by copyrights, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws, as
applicable. You shall abide by and maintain all copyright notices, information,
and restrictions contained in any content accessed through the service.
6
User submissions
7
Rules and conduct
Infringes any patent, trademark, trade secret, copyright, right of
publicity or other rights of any other person or entity or violates any law or
contractual duty;
You know it is false, misleading, untruthful or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libellous,
deceptive, fraudulent, invasive of another's privacy, tortuous, obscene,
vulgar, pornographic, offensive, profane, contains or depicts nudity, contains
or depicts sexual activity, promotes bigotry, discrimination or violence, or is
otherwise inappropriate as determined by GoLocall in its sole discretion;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
("spamming");
Other than appropriate use of an add-to link, involves commercial
activities (whether or not for profit) and/or sales without GoLocall 's prior
written consent such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
Contains software viruses or any other computer codes, files, worms,
logic bombs or programs that are designed or intended to disrupt, disable,
damage, limit or interfere with the proper function of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to
any system, data, password or other information of GoLocall or any third party;
Impersonates any person or entity, including any employee or
representative of GoLocall ;
Includes anyone's identification documents or sensitive financial
information; or
Breaches the privacy policy and/or any
of the other policies and rules incorporated herein.
·
Take any action that imposes or may impose (as
determined by GoLocall in its sole
discretion) an unreasonable or disproportionately large load on GoLocall 's (or
its third party providers') infrastructure;
·
Interfere or attempt to interfere with the proper
working of the service or any activities conducted on the service;
·
Bypass any measures GoLocall may use to prevent or restrict access to the
service (or other accounts, computer systems or networks connected to the
service);
·
Run any form of auto-responder or "spam" on
the service;
·
Use manual or automated software, devices, or other
processes to "crawl" or "spider" any page of the site;
·
Harvest or scrape any content from the service;
·
Modify, adapt, appropriate, reproduce, distribute,
translate, create derivative works or adaptations of, publicly display,
republish, repurpose, sell, trade, or in any way exploit the service or site
content (other than your user submissions), except as expressly authorized by
GoLocall;
·
Decipher, decompile, disassemble, reverse engineer or
otherwise attempt to derive any source code or underlying ideas or algorithms
of any part of the service (including without limitation any application or
widget), except to the limited extent applicable laws specifically prohibit
such restriction;
·
Copy, rent, lease, distribute, or otherwise transfer
any of the rights that you receive hereunder;
·
Otherwise take any action in violation of GoLocall 's
guidelines and policies.
8
Special terms for GoLocall Site
·
If you have a "storefront" on the service,
you also agree to the following:
·
Pages are special profiles that may only be used to
promote a business or other commercial, political, or charitable organization
or Endeavour (including non-profit organizations, political campaigns, bands,
and celebrities).
·
You may only administer a page if you are an authorized
representative of the subject of the page.
·
All content posted on the pages will be made available
to all users of the services.
·
You may not display any content on your page that is an
ad or could be construed as an ad.
·
You may not establish terms beyond those set forth in
these terms of use to govern the use of the page you administer.
·
Your page will not be used primarily or substantially
to promote or advertise alcohol or tobacco products, firearms, or other
products or services that may not be lawfully purchased or used by minors.
·
You will not direct your page, or any content on your
page, to children under the age of 13.
·
If you collect information about users, you will only
use such information for your internal business purposes in connection with
your use of the service and in accordance with GoLocall 's privacy
policy.
·
You will not use deceptive practices to get users to
"like" your page.
·
You are responsible for ensuring that your page,
including any content you post on your page, shall comply with all applicable
laws, rules and regulations and these terms of use, and any advertising,
marketing, privacy, or other self-regulatory code(s) applicable to your industry.
·
A user can download the 'Business Updates' from the GoLocall
Site as a sms or email to his own mobile number of email id . The merchant
should not use this for spamming users.
·
We as a merchant shall be under no liability whatsoever
in respect of any loss or damage arising directly or indirectly out of the
decline of authorization for any transaction, on account of the cardholder
having exceeded the preset limit mutually agreed by us with our acquiring bank
from time to time.
9
Third-party sites and services
The service may permit you to link to other websites, services or
resources on the internet, and other websites, services or resources may
contain links to the site. When you access third-party websites, you do so at
your own risk. These other websites are not under GoLocall 's control, and you
acknowledge that GoLocall is not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply endorsement by GoLocall or any
association with its operators. You further acknowledge and agree that GoLocall
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any
such website or resource.
10
Termination
GoLocall may terminate your
access to all or any part of the service at any time, with or without cause,
with or without notice, effective immediately, which may result in the
forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by following the
instructions on the site. Any fees paid hereunder are non-refundable. All
provisions of these terms of use which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
A specific amount
of business.
A specific
position on any search engine in a specific amount of time.
11
Warranty disclaimer
12
Indemnification
You shall defend, indemnify, and hold harmless GoLocall, its
affiliates and each of its, and its affiliates employees, contractors,
directors, suppliers and representatives from all losses, costs, actions,
claims, damages, expenses (including reasonable legal costs) or liabilities,
that arise from or relate to your use or misuse of, or access to, the site,
service, content, add-to link or otherwise from your user submissions,
violation of these terms of use, or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or
entity (save to the extent that a court of competent jurisdiction holds that
such claim arose due to any act or omission of GoLocall ). GoLocall reserves the
right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with GoLocall in asserting any available defences
13
Limitation of
liability
Indirect or consequential losses or damages;
Loss of actual or anticipated profits;
Loss of revenue;
Loss of goodwill;
Loss of data;
Loss of anticipated savings;
Wasted expenditure; or
Cost of procurement of substitute goods or services.
14
Governing law
A printed version of these terms of use and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these terms of use to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form. You and GoLocall agree that any cause
of action arising out of or related to the service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred.
These terms of use shall be governed by and construed in accordance
with the laws of India. For all purposes of these terms of use, the parties
consent to exclusive jurisdiction and venue in the Indian penal courts or state
courts located in New Delhi in India. Use of the service is not authorized in
any jurisdiction that does not give effect to all provisions of these terms of
use, including without limitation, this section.
15
Integration and
severability
These terms of use are the entire agreement between you and
GoLocall with respect to the service and
use of the site, service, content, user submissions, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and GoLocall with respect to the site. If any provision of these terms of use is
found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that these terms of use will
otherwise remain in full force and effect and enforceable. The failure of
either party to exercise in any respect any right provided for herein shall not
be deemed a waiver of any further rights hereunder. Waiver of compliance in any
particular instance does not mean that we will waive compliance in the future.
In order for any waiver of compliance with these terms of use to be binding,
GoLocall must provide you with written notice of such waiver through one of its
authorized representatives.
16
Modification of Terms of Use
GoLocall reserves the right, at its sole discretion, to modify or replace
any of these terms of use, or change, suspend, or discontinue the Service
(including without limitation, the availability of any feature, database, or
content) at any time by posting a notice on the site or by sending you to notice
through the service or via email. GoLocall may also impose limits on certain
features and services or restrict your access to parts or all of the services
without notice or liability. It is your responsibility to check these terms of
use periodically for changes. Your continued use of the Service following the
posting of any changes to these terms of use constitutes acceptance of those
changes.
17
Miscellaneous
18
Language
19
Contact
You may contact GoLocall at the
following address: B-2/11, Mohan Industrial Estate, Landmark: Badarpur Metro
Station, New Delhi - 110044, India.