TERMS AND CONDITION
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We
maintain this web site as a service to our Users, and by using our site you are
review the following terms and conditions carefully, and check them periodically
for changes. If you do not agree to the terms and conditions, services provided
to you will be stopped.
PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE
MOBILE PHONE CONNECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE.
The following are the Terms and Conditions of this Agreement for the use of
services offered by Fcall.in
through www.fcall.in ("fcall.in", "fcall.in website", "fcall.in services", the
Products" or "the Services") to the User ("User" or "Users"). Any User availing
the Products and/or Services and/or any part thereof shall invariably be bound
by these Terms and Conditions.
The Products and/or Services offered under
www.fcall.in are provided by Group of Developers. fcall.in,
the fcall logo and any other names and symbols of our
products and services referred to on the fcall.in website are trade marks of
In accordance to the Information Technology Act, 2000 (Government of India),
Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff
Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these
Terms and Conditions are valid, binding and enforceable for all persons that
access the fcall.in website, the web pages or any part thereof. Hence, if you do
not agree to be bound over by these Terms and Conditions, then you may not use
the fcall.in website. The reasonable use of the fcall.in website shall automatically
bind the Users to this agreement.
It is important to understand that
fcall.in offers free Calling services to its Users
so that they can make personal Call only to their known persons. It is vital
to realize that communication should be between known persons. You may not use
the fcall.in products and/or services to sell a product or service, or to increase
traffic to your business for commercial reasons, such as advertising sales.
During the registration process, the User has to provide his/her mobile number
that acts as Userâ€™s identity while using fcall.in products and/or services. By
registering on fcall.in website, user explicitly agrees to update mobile number whenever
there is a change in the status of his/her mobile number.
Displaying advertising on webpages of our website and related links is the key to provide our
Users this free calling service. A standard Call unit can be up to 60
seconds(conditions apply). Users get
this free calling service in exchange for opting in to have targeted
ads displayed to them.
REGISTERED USER :
To user the free calling service on
fcall.in, you must register on the service.
You can make free call to persons in India. If you are making to unknown person
or abusive call or harassing others your services will be truncated and
legal action will be taken against you.
"User" means any person or entity that enters the
and/or uses the fcall.in Products/Services at www.fcall.in
not withstanding the fact that such person only visits the home page of the
website and/or uses the Services. For the avoidance of doubt, 'you' and
'your' shall also refer to a User.
'IP address' means the unique identifier for your computer or such other device
through which you access the fcall.in website.
'Personal Data' means all data that identifies you and that is processed by us,
for example, your name, email address, mobile number, date of birth and/or Traffic Data that could
be used to identify you and trace you in case o misuse of services.
PRODUCTS AND/OR SERVICES Provided by fcall.in:
The Products and/or Services offered on fcall.in website consist of, but not
limited to, free calling services of 60 seconds. The Products and/or
Services consist of an internet browser interface, WAP interface, J2ME
application, data encryption, data transmission, data access, data storage and,
if applicable, synchronization software and/or application programming interface
The Users shall be held responsible for obtaining and maintaining all computer
hardware, software and communications equipment that are needed to access the
Products and/or Services, and for paying all the chargeable access charges
(e.g., ISP, telecommunications) that are incurred while using the Products
To access and use fcall.in Products and/or Services, Users need to have a fcall.in
Account ("account"). For this account, the User needs to complete a simple
one-time registration process by providing all current, complete and accurate
information as prompted by the Registration Form. Entering inaccurate details
might result in suspension or blockage of the account. The User has to choose
his/her unique "username" (which is by default mobile number). fcall.in shall send
out a "password" to the e-mail address of the User as entered during the
registration process. The User can then access the fcall.in website using the
combination of his/her â€œusernameâ€ and â€œpasswordâ€.
Account Tied to Mobile Number: The account you are opening by
accepting this Agreement is tied to the mobile phone number you enter during the
registration process. You explicitly agree to update fcall.in whenever there is a
change in the status of your mobile number or start a new account by providing your new
On the first login, the User can change his password with link proivded by us
on Dashboard. The Users shall
be entirely responsible for maintaining the confidentiality regarding their
password and account information. The user shall understand their account with
fcall.in website is as confidential as their own mobile phone. In addition, the
Users shall be entirely responsible for any and all activities that occur under
their accounts. fcall.in shall not be held liable to any third party claims and/or
actions taken with respect to the Products and/or Services being offered. The
Users agree to notify fcall.in immediately regarding any unauthorized use of their
accounts or of any other breach of security.
If fcall.in finds no activity in any User's account for more than 60 days, we
might terminate/suspend such Userâ€™s account, without any
fcall.in shall make no guarantees for the uninterrupted and continuous
availability of the Products and/or Services or of any specific feature(s) of
the Products and/or Services. The Products and/or Services are AS IS and are
subject to the disclaimers of warranty and the limitations of liability as found
in this agreement and which are subject to testing by the Users before entering
into this agreement.
fcall.in reserves the right to change or terminate the Products and/or the
Services and/ or alter the Terms and Conditions of this Agreement at any time
with/without notice and/or with immediate effect.
fcall.in respects the privacy of its Users and assures that it shall not monitor,
edit, or disclose any personal information about the Users or about the User's
fcall.in account, which includes all of its contents, without the User's prior
permission. However, this will not apply if fcall.in has to:
- Conform to the statutory and/or legal requirements or comply with the legal
- Protect and defend the rights or property of fcall.in;
- Enforce this Agreement or protect fcall.in business or reputation, including
without limitation, upon termination, cancellation or suspension of this
Agreement by fcall.in;
- Respond to the request for identification in connection with the claim of
copyright or trademark infringement by the Users or to a claim by a third party
that the User is using the Products and/or Services in connection with an
infringement, illegal or improper activity; or
- Act to protect the interests of the Users or any others in general
Submissions: We welcome your comments and suggestions regarding
the web site. However, any comments, feedback, notes, messages, ideas,
suggestions or other communications (collectively, "Comments") sent by you to
fcall.in shall be and remain the exclusive property of fcall.in. Your submission of
any such Comments shall constitute an assignment to fcall.in of all worldwide
right, title and interest in all copyrights and other intellectual property
rights in the Comments. fcall.in will be entitled to use, reproduce, disclose,
publish and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we
ask that you not send us any Comments that you do not wish to assign to us,
including any confidential information or any original creative materials such
as stories, product ideas, computer code or original artwork. You agree not to
submit any Comments that may be submitted in violation of law or any agreement
or obligation to keep the content of such Comments confidential. fcall.in
expressly disclaims any interest in any Comments that you are not authorized to
submit. Of course, any information you submit which personally identifies you
The User agrees that
fcal.in can access his/her account, including the
content of call, as stated above or respond to product specific queries or technical
The User hereby permits
fcall.in to send him/her communication via email of any updates, upgrades,
notices, or any other information that fcall.in
deems important for the Users to know, relating to the Products and/or Services.
fcall.in might send certain appropriate and/or contextual promotional
messages to its Users, based on the User demographics, traffic usage etc.
USER OBLIGATIONS AND DUTIES:
fcall.in expressly prohibits any commercial use of fcall.in products and/or
services. The User gives irrevocable agreement to abide by all the applicable
local, national and international laws and regulations and is solely responsible
for all acts or omissions (that occur under his/her account or password),
including responsibility for the content of any transmissions through fcall.in
products and/or services.
The Users acknowledge that
fcall.in and its licensors retain ownership of all the
propriety applications, software, intellectual property "IP" (Intellectual
Property) and any portions or copies thereof in relation to them, and all rights
fcall.in provides by way of example, and not as a limitation, the stipulation that
the Users agree not to, directly or indirectly:
- Create a false identity or forged email or mobile phone number or otherwise
attempt to mislead others as to the identity of the caller;
- Reverse engineer, de-compile, disassemble or otherwise make any attempt to
establish the source code or the underlying ideas or algorithms of the Products
- Modify, translate, or create distinctive and derivative works based on the
Products and/or Services;
- Harvest or otherwise collect, information about other Users, including email
addresses, without obtaining their consent;
- Transmitting any unlawful, harassing, libelous, or abusive, threatening, and
harmful, or vulgar, obscene or otherwise any objectionable material of any kind
- Defames or slanders any person, or try to infringe upon any person's privacy
- Interfere with or disrupt the networks connected to fcall.in or violate the
regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Products and/or Services or to other
accounts (through password mining or other means), computer systems or networks
connected to fcall.in;
- Interfere with another User's peaceful use and enjoyment of the Products and/or
- Engage in any other activity that fcall.in could believe may subject it to
criminal liability or civil penalty or judgment
You agree to not use the Products and/or Services to:
- Make calls that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libellous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable, or hurts others sentiments.
- Harm minors in any way
- Impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity
- Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service
- "Stalk" or otherwise harass another
fcall.in PRODUCTS AND/OR SERVICES:
Call will be considered as connected when fcall connects to the primary number
or number of caller or number of registered user. fcall.in does not extend
guarantee of connection on behalf of the Mobile Telephone Networks or Servers,
as connection (as
failure to connection to destination mobile number) to the intended
receiver/handset/device or receiver disconnects the call is outside of the
control of fcall.in.
Although fcall.in makes all
possible efforts to ensure speedy
connection of call, calls may be connected late to destination number as a result of queuing or
network congestion/traffic or destination number not picking up call.
fcall.in lays no claim to its network coverage. Although fcall.in focuses on giving
extensive coverage aggregation services, the mobile networks may choose from
time to time to not be a part of fcall.in or of its Service Providers' Networks.
This may lead to call not being connected to those particular networks. At any
point in time, there can be networks that fcall.in is unable to connect.
fcall.in reserves the right to block calls from being made across its network
that are the subject of end receiverâ€™s complaint.
TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT:
fcall.in continually makes efforts to improve its existing Products and/or
Services, apart from adding new ones, resulting in frequent updates or
modifications. Such changes often dictate that we simultaneously modify our
Terms and Conditions. Hence, fcall.in shall have the right to modify any or all
the terms of this Agreement and to change or drop any aspect or feature of the
fcall.in Products and/or Services, as it deems reasonably necessary. Such changes
shall be effective immediately upon posting of such addition, change or
deletion. Any use by the Users of the Products and/or Services after any such
change has been posted, shall be construed as the acceptance of the change. If
the User is not agreeable to any such change, the relevant Product and/or
Services or the User account, may be cancelled in accordance with the procedures
for cancellation set forth in this Agreement. The Users acknowledge their
responsibility to read and review this Agreement from time to time and also to
be aware of any such changes.
The User has the right and is free to terminate or cancel this Agreement and
his/her fcall.in account at any time and for any reason. The User only has to
intimate fcall.in membership by sending an email (support@ fcall.in) of this intention.
fcall.in can terminate, cancel and/or suspend this Agreement and/or the User
account any time if, the User has breached the
Terms of this Agreement. Such termination, cancellation and/or suspension by
Fcall.in shall come into effect immediately after giving notice by fcall.in to the
Users in any reasonable manner, including but not limited to, notification by
email. In addition, fcall.in has the right to recover any and all
damages from the Users arising from or relating to the event(s) giving rise to
the suspension, termination or cancellation.
fcall.in reserves the right to suspend the User's account at any stage for any
reason that it may deem necessary in order to continue to provide any of its
Products and or Services in a way that may be hindered by the User's status as
being a fcall.in User, or the content of the calls originating from the User.
Upon the termination, cancellation and/or suspension of this Agreement, the
Users remains responsible for any obligations that have been accrued including,
but not limited to, payment of any costs or charges, including legal obligation
that may be arising in connection with such termination, cancellation and/or
suspension, and payment of all outstanding transaction fees for use prior to
said termination, cancellation and/or suspension occurs. Upon termination and/or
cancellation, for any reason, the User agrees to immediately cease using
fcall.in Products and/or Services and removes all the fcall.in software and applications on
any computer, database, and server (local or remote) in its possession or under
its control. fcall.in shall have no obligation whatsoever to the User after the
termination or cancellation of this Agreement.
WARRANTIES AND LIABILITIES:
fcall.in does not make any warranties or representations that the fcall.in website
shall be available at all times. Users acknowledge that the fcall.in website may
be unavailable due to updates or other causes beyond the reasonable control of
fcall.in, including, but not limited to virus infection, unauthorized access
(hacking), power failure or other "acts of God".
fcall.in shall take all reasonable caution about the quality and accuracy
of content available from the fcall.in website, fcall.in does not make any
warranties or representation that the content available shall in all cases be
true, correct or free from any errors. The information, ideas and opinions
expressed on the fcall.in website should not be regarded as professional advice or
the official opinion of fcall.in, and Users are strongly encouraged to consult
professionals before taking on any course of action that is related to the
information, ideas or opinions expressed on the fcall.in website.
fcall.in shall take all reasonable steps to secure the content of the fcall.in
website and to secure the information provided by and collected from Users to
prevent unauthorized access and/or disclosure. However, fcall.in does not make any
warranty or representation that the said content shall be 100% safe or secure.
fcall.in is under no legal duty to encrypt any of the content or communications
from and to Users and is also under no legal duty to provide the digital
authentication of any pages on the fcall.in website.
Hyperlinks to the fcall.in website from any other source shall be directed to the
home page of the fcall.in website. Links beyond the fcall.in home page may only be
used with fcall.in's prior written consent and permission. Persons that wish to
link to pages beyond the home page of the fcall.in website without fcall.in's prior
written consent shall do so at their own risk and indemnify fcall.in against any
loss, liability or damage that may result from the use of such hyperlinks.
fcall.in may provide hyperlinks to websites not controlled by fcall.in and such
hyperlinks do not imply any endorsement agreement on or support of the content,
products and/or services of such websites. fcall.in does not editorially control
the content, products and/or services on such websites and shall not be liable,
in any manner whatsoever, for the access to, or the inability to access, or the
use, inability to use or content available on or through such websites.
Without in any way limiting the foregoing,
fcall.in shall in no event have (in the
aggregate) any monetary liability whatsoever in connection with this Agreement.
The failure of either
fcall.in or the User to exercise in any respect any right
provided for herein will not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise continue to remain in full force and effect and is
this Agreement, any reference to the singular includes the plural and vice
versa, any reference to natural persons includes legal persons and vice versa
and any reference to one gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance
with the laws of the Union of India. The English language version of this
Agreement shall be controlling in all respects and shall prevail in case of any
inconsistencies with translated versions, if any.
All notices under this Agreement will be in writing and will be deemed to have
been duly given when received, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; the day after
it is sent, if sent for next day delivery by recognized overnight delivery
services; and upon receipt, if sent by certified or registered mail, return
These Terms and Conditions constitute the whole agreement between fcall.inand the
User and neither party shall be bound by any undertakings, representations,
warranties, promises or the like not recorded herein.