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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 agreeing to comply with and be bound by the following terms of use. Same policies apply for sms Please 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.

IMPORTANT:

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 fcall.in.

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 User’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.

As a Registered User, you give your consent to receive messages and calls from other Registered Users and from Fcall. In case you do not wish to receive messages from other Registered Users, you can unsubscribe from the service by sending a mail to [email protected]

"User" means any person or entity that enters the www.fcall.in website 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 access.

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 and/or Services.

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 “username” and “password”.

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 mobile number.

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 User’s account, without any prior notification.

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.

USER PRIVACY:

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 process;
  • 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 will be subject to our Privacy Policy.

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 issues.

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.

Also, 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 therein.

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 and/or Services;
  • 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 or nature;
  • Defames or slanders any person, or try to infringe upon any person's privacy rights;
  • 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 Services; 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

LIMITATIONS OF 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 receiver’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".

Though 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.

MISCELLANEOUS:

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 enforceable.

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 receipt requested.

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.

Free Recharge or Quiz :

Fcall.in hold all rights to withdraw quiz with or withour notice

we hold complete rights to make changes, deductions or cancellation of incentives if any misuse is reported

 

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