1.      Contractual Relationship

  • These terms and conditions shall govern your use of applications, websites, content, products, and services (“Services”) made available and offered by C3Ware MultiCall Technologies Pvt Ltd, a company established in India, having its offices at [Address] with PAN# [ ], along with its Affiliates (collectively referred to as “C3MultiCall” or “We”, such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns).

(ii)   Your access and use of the Services constitutes your agreement to be bound by these terms and conditions (“T&C Contract”) in full which shall constitute an agreement between yourselves and C3MultiCall; accordingly, if you disagree with this T&C Contract or any part of these terms and conditions, you shall not use the Services of C3MultiCall.

(iii) C3MultiCall may at its discretion terminate this  T&C Contractor any Services with respect to you, or generally cease offering or deny access to the Services, or any portion thereof, at any time without notifying any reason.

(iv)  Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the T&C Contract for the purposes of the applicable Services. Supplemental terms shall prevail over this T&C Contractin the event of a conflict with respect to the applicable Services.

(v)  You must be at least [18] years of age to use the Services; by using our Services you warrant and represent to us that you are at least [18] years of age. C3MultiCall reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Services if it is brought to C3MultiCall’s notice or if it is discovered that such person is not eligible to use the Services.

(vi)  Our collection and use of personal information & cookies in connection with the Services is as provided in C3MultiCall’s [Privacy Policy] located at https://www.multicall.in/legal. C3MultiCall may provide to a claims processor or an insurer or any Regulatory or Governmental authority, any necessary information (including your contact information) if there is a complaint, dispute or conflict. The privacy policy shall form an integral part of this T&C Contract and both these documents constitute the user agreement and a legally binding contract between you and C3MultiCall.

(vii) C3MultiCall may amend this T&C Contract from time to time. Amendments will be effective upon C3MultiCall’s posting of such updated T&C Contract at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the T&C Contract, as amended. This T&C Contract was last updated on _______________.

(viii) This T&C Contract is an electronic record in the form of an electronic contract and it does not require any physical, electronic or digital signature.

2.      The Services & License   

(i)     The Services constitute a technology platform that enables users of C3MultiCall’s mobile applications or websites provided as part of the Services (each, an “Application”) to make instant and scheduled MultiCalls (each MultiCall is defined as one-to-many call). Unless otherwise agreed by C3MultiCall in a separate written agreement with you, the Services are made available solely for your personal or corporate, but noncommercial use.

(ii)   Subject to the terms laid out herein, C3MultiCall grants you a limited, non-exclusive and non-transferable license (“License”) to use the Application on your personal device solely as set forth in this T&C Contract, solely for your personal use or internal business operations. Your acquired rights are subject to your compliance with and governed by this T&C Contract. Any rights not expressly granted herein are reserved by C3MultiCall and C3MultiCall’s licensors.

(iii) All content made available through the Services is owned by C3MultiCall and/or its licensors and is protected under copyright law. You agree and acknowledge that you shall not acquire any rights of ownership through the use of the Services and that you will only use content for your own personal purposes or internal business operations.

(iv)  The Application is licensed, and not sold, to you for use only under the terms of this T&C Contract. Except as expressly licensed to you herein, C3MultiCall reserves all rights, title and interest in the Services, Application(s), company name, brand names, logos, product and service names, the technology platform on which it operates and all associated copyrights, trademarks, and other intellectual property rights therein.

(v)  You agree and consent that the Application(s) may automatically download and install updates, upgrades and additional features that C3MultiCall deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation of C3MultiCall to support the previous version(s) may end upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement

(vi)  The Services may be made available or accessed through or in connection with third party services and content (including advertising) that C3MultiCall does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. C3MultiCall does not endorse such third party services and content and in no event shall C3MultiCall be responsible or liable for any products or services of such third party providers.

(vii)  Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this T&C Contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this T&C Contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

(viii)  This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from C3MultiCall if:

a)      You fail to comply with any of the terms and conditions of this T&C Contract; or

b)      You fail to comply with KYC verification within 14 days; or

c)      You fail to use the Services for more than 13 months; or

d)      C3MultiCall ceases to provide Services; whichever is earlier

(ix)   We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages outside our control of C3MultiCall including those caused by third party service providers, and C3MultiCall is not liable for any disruption or loss you may suffer as a result. C3MultiCall may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. Promptly upon termination, you must cease all use of the Application and remove or delete all copies of the Application in your possession or control. Termination of Services will not limit any of C3MultiCall’s other rights or remedies at law or in equity.

(x)   By registering for our Service, you agree that the Services may send you text (SMS) and email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS)  and email messages from C3MultiCall at any time by following the directions found at [unsubscribe link]. You acknowledge that opting out of receiving text (SMS) and/or email messages may impact your use of the Services.

(xi)  C3MultiCall may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to C3MultiCall through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to C3MultiCall, you grant C3MultiCall a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and C3MultiCall’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant C3MultiCall the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor C3MultiCall’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by C3MultiCall in its sole discretion, whether or not such material may be protected by law. C3MultiCall may, but shall not be obligated to, review, monitor, or remove User Content, at C3MultiCall’s sole discretion and at any time and for any reason, without notice to you.

(xii)  You shall not not post, transmit, redistribute, upload, modify, publish, host, display or promote any communications, content or materials that (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harmful, harassing, abusive, hateful, racially or ethnically derogatory, blasphemous defamatory, paedophilic, libellous, invasive of privacy or publicity rights, disparaging, relating to or encouraging money laundering or gambling, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings, or any form of "spam";  (e) use a false email address, impersonates another person or entity, including our company and our employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) belongs to another person and  over which you do not have any right to; (i) harm minors in any way; (j) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (k) impersonate another person; (l) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to  commit any cognizable offence or prevents investigation of any offence or is insulting any other nation; (m) otherwise violate any law; or  in doing so, amounts to any conduct that, in the judgment of C3MultiCall, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services.

(xiii)   You shall not:

a)      remove any copyright, trademark or other proprietary notices from any portion of the Services

b)      reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by C3MultiCall

c)      sublicense, rent, lease or otherwise distribute the Application or rights to use the Application to any other party.

d)      disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer the Services except as may be permitted by applicable law

e)      link to, mirror or frame any portion of the Services

f)       cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

g)      attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks

h)      alter, modify, enhance, translate or create a derivative work of the Service

(xiv)          Notice of Copyright Infringement

a)      C3MultiCall does not permit copyright infringing activities on this site/applications and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights.  C3MultiCall may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to its site/application is determined to be a repeat infringer.

b)      If you are a copyright owner or an agent thereof and believe that any content on the site/application infringes upon your copyrights, you may notify C3MultiCall by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2. Identification of the location where the original or an authorized copy of the copyrighted work exists;

3. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit C3MultiCall to locate the same;

4. Information reasonably sufficient to permit C3MultiCall to contact you, such as an address, telephone number, and, if available, an email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

3.      Terms of Use

(i)    User Registration: In order to use the Services, you must create a registration on the Application and use a valid profile. You may need to download a copy of the Application to create a registration/profile. Registration requires you to submit to C3MultiCall certain personal information, such as your name, email ID, address and mobile phone number.

(ii)   Organizations/Business entities may create corporate profiles for a group of users under a MultiCall for Business (MfB) account. MfB account creation requires the submission to C3MultiCall of certain information, such as your name, address, email ID and mobile phone number along with similar details for the Administrator/s and the persons for whom the profiles are being created.

(iii) Your failure to maintain accurate, complete, and up-to-date registration or account  information may result in your inability to access and use the Services.

(iv)  Profile Creation/ Addition

a)      You need to create or add at least one profile in your registration to access to use the Services. Each Profile is associated with an email ID and phone number.

b)      Profile creation requires you to submit at least one valid verification process (OTP) to MultiCall. Your failure to maintain accurate, complete, and up-to-date payment information may result in your inability to access and use the Services

c)      Multiple profiles may be created under a corporate account from the MultiCall website (business.multicall.in) called a MultiCall for Business (MfB) account. Such profiles may be distributed to the holders of the email ID associated with such profiles.

d)      You can add profiles to your Registration created by administrators to an MfB account provided you are able to complete the relevant validation. In such cases, the Administrator may have additional rights over your account, like the ability to access or delete your MultiCall profile. Please review any additional terms the Administrator provided you, as C3MultiCall has no responsibility regarding these additional terms.

(v)    Profile Validation: You will need to sign in and use a new profile at least once, within 3 months of, creation to validation the profile. Your failure to do so will cause the profile to be suspended and may result in your inability to use the Services.

(vi)  Account Use: You agree to comply with all applicable laws when using the Application and you may only use the Application for lawful purposes. You agree not to:

a)      Share your access details and account with another individual;

b)      Create a false identity on the Application for purposes of misleading others;

c)      defame, abuse, harass, threaten, spam, indulge in anti-social activity, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Services;

d)      Engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others);

e)      Publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct on the Application;

f)       Use the Services to call or otherwise contact people without their prior consent

g)      Use the Services for telemarketing, tele-selling or market research without the prior consent of the persons you are calling; or

h)      Use the Services to send messages that cause any damage or risk to the C3MultiCall ƒor its network and/or other Subscribers.

(vii)   C3MultiCall reserves the right to terminate the License and Services offered through the Application at its sole discretion. C3MultiCall does not endorse the content, messages and/or information exchanged by means of the Services and therefore you agree that C3MultiCall is not liable with respect to such content and/or any action resulting therefrom.

(viii)  You are responsible for all actions that occur in connection with the Registration and the associated profiles you use to access the Services. You agree to notify C3MultiCall immediately of any unauthorized use of your registration and/or profile.

(ix)    If we reasonably suspect that your MultiCall registration or profile is being used by a third party fraudulently (for example, as a result of an account compromise), C3MultiCall may suspend your registration until you can reclaim ownership

(x)     Privacy: Privacy of communication is subject to the terms set out in the Privacy Policy

(xi)    Network Access and Devices

a)      You are responsible for obtaining the data network and phone network access necessary to use the Services.

b)      Your mobile network’s call, data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.

c)      You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto.

d)      C3MultiCall does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications

(xii)    Service Quality: Service quality, functionality, availability, and/or reliability may be affected, and C3MultiCall is entitled without any liability, to refuse, limit, suspend, vary, disconnect and/or interrupt the Service, in whole or in part, at its own discretion, with respect to one/all subscriber(s) without any notice, for any reason and/or due to various factors including but not limited to:

a)      Regulations, orders, directions, of Authorities including the changes thereto

b)      Problems caused by geographical, atmospheric, hydrological, environmental conditions and/or mechanical conditions and/or other such factors/features/conditions, system(s) changes or capacity limitations, for reasons of up gradation, variation, installation, relocation, repairs, operation and/or maintenance of systems/equipment/Services.

c)      Combat potential fraud, sabotage, willful destruction etc.

d)      Any other legitimate business purpose.

e)      Force-Majeure Events.

f)       If MultiCall is used in any manner that violates any laws etc., or adversely affects or interferes with the Services in any manner.

g)      Any discrepancy/wrong particular(s) in the information provided by the Subscriber

h)      Interconnections between service providers.

i)        Breach of any part of this T&C Contract by the subscriber

(xiii)    In case of suspension/disconnection, etc., reconnecting / reactivation may be made by C3MultiCall at its own discretion, subject to its satisfaction and on such other further terms, as C3MultiCall may determine.

(xiv)    C3MultiCall make no express or implied warranties or representations with respect to the Services. Moreover, C3MultiCall make no representation that the Services will be uninterrupted or error-free, and C3MultiCall will not be liable for the consequences of any interruptions or errors. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(xv)    Charges & Payment

a)      You understand that use of the Services may result in charges to you. After you have received Services, C3MultiCall reserves the right to collect payment from its customers on a prepaid or post-paid basis.

b)      Charges for a MultiCall will be calculated on the basis of number of people connected in the same MultiCall, at the rate accepted by you as per your plan.

c)      C3MultiCall reserves the right to levy call set-up and call completion charges and charges for other ancillary services offered. Charges shall be based on calculation of allocation and usage of resources used to provide the respective Services.

d)      Charges will be inclusive or exclusive of applicable taxes depending on the tariff plan. Charges and plan fees and Top-Ups paid by you (pre-paid or postpaid) are final and non-refundable, unless otherwise determined by C3MultiCall.

e)      If you are on a pre-paid plan, C3MultiCall shall appropriate charges from your pre-paid balance at the end of the MultiCall. Should the MultiCall result in charges more than the balance held by you in your profile, C3MultiCall may claim such charges from you.

f)       In case of MultiCall for Business (MfB) profiles, should the user make a MultiCall that results in charges greater than the funds allocated to the user by the administrator of the MfB account, C3MultiCall reserves the right to appropriate such charges from the MfB account.

g)      When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to C3MultiCall by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by C3MultiCall.

h)      By authorizing recurring payments, you are authorizing C3MultiCall to process such payments as charges to your designated account

i)        If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, C3MultiCall reserves the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment

j)        C3MultiCall reserves the right to establish, remove and/or revise charges for any or all of the Services at any time in C3MultiCall’s sole discretion

k)      You will be responsible for charges incurred under your registration or MfB account (as the case may be) regardless of your awareness of such charges or the amounts thereof

l)        C3MultiCall may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.

(xvi)    Closing your Account, Registration, Profile

a)      You may uninstall the Application at any time and for any reason. However, uninstalling will not automatically delete your account, registration or profile.

b)      To close your registration, account or profile you will need to write to Support@MultiCall.in

c)      When your account is closed, you lose the right to access and use the Application immediately

d)      You may request a refund, if you are entitle to one, by writing to Support@MultiCall.in. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the services before the date of cancellation

(xvii)     No Access to Emergency Services

There are important differences between traditional telephone services and the Services (including MultiCall). C3MultiCall is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law. C3MultiCall’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). You acknowledge and agree that it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and MultiCall is not a replacement for your primary telephone service.

4.      Limitation of Liability; Indemnity, Governing Laws

(i)     C3MultiCall's maximum aggregate liability to you arising in connection with the grant of the License shall not exceed in relation to pre-paid fees, the total fees deducted from your prepaid account by C3MultiCall as payment for the affected service(s) during the calendar month in which the first event giving rise to a claim occurs;

(ii)   C3MultiCall is not responsible (whether in contract, tort (including negligence) or otherwise) for: any special, indirect or consequential loss or damage; loss of business, loss of revenue, loss of profits, loss of anticipated savings or loss of goodwill; losses not caused by C3MultiCall's breach; your use of a third party login to create your account with C3MultiCall;actions taken in response to breaches of the terms and conditions of this T&C Contract; any content, communication, messages and/or information exchanged by means of the Services; the accuracy or completeness of information contained on the Application; subject to applicable law, the accuracy of identity information of users; and failure to provide the Application or to meet any of MultiCall's obligations under this T&C where such failure is due to any cause beyond MultiCall's reasonable control which prevents C3MultiCall from providing the Services or fulfilling any of C3MultiCall's other obligations under the License and includes but is not limited to the Force Majeure Events;

(iii) Indemnity: You agree to indemnify and hold C3MultiCall and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the services; (ii) your breach or violation of any of the terms of this T&C Contract; (iii) C3MultiCall’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.

(iv)  Governing Law and Arbitration: This T&C Contract is governed by the laws of India. In the event of any dispute arising under or by virtue of this T&C Contract  or any difference of opinion between the parties concerning their rights and obligations under this T&C Contract, the parties shall use their best efforts to resolve such dispute or difference amicably by discussion and mutual accord. If the dispute cannot be resolved in this manner within fifteen (15) days, the parties shall arrange a meeting between appropriate representatives designated by each party, who shall have an additional fifteen (15) days to resolve the dispute or difference. If the dispute or difference is not settled within the thirty (30) days period, then, unless the parties otherwise agree in writing, either Party may serve written notice on the other party stating its intention to proceed to arbitration. The unresolved claim, dispute or difference shall be finally settled by arbitration under the Arbitration Act, 1996 by the Nani Palkhivala Arbitration Centre currently functioning at No.22, Karpagambal Nagar, Mylapore, Chennai 600 004, who will appoint the sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force. Such arbitration shall be the sole and exclusive remedy between the parties with respect to such dispute. The arbitration shall take place in Chennai, Tamil Nadu. The arbitration award shall be final and binding on each party.

5.      Other Provisions

(i)      This T&C Contract constitutes the entire agreement between you and C3MultiCall with respect to the Services and supersedes all prior or contemporaneous oral or written agreements and understandings regarding such subject matter. In entering into this T&C Contract, you agree that you have not relied on and will have no remedy in respect of any representations made by C3MultiCall other than as set out this T&C Contract. In the event of a conflict between this T&C Contract and any applicable purchase or other terms, the terms of this T&C Contract shall govern.

(ii)     No failure to exercise, and no delay in exercising, on the part of C3MultiCall, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.

(iii)    C3MultiCall will not be liable or responsible for any failure to perform, or delay in performance of any of C3MultiCall's obligations under this T&C Contract caused by Force Majeure Event. C3MultiCall's obligations under this T&C will be suspended for the duration of the Force Majeure Event and C3MultiCall will use all reasonable endeavours to mitigate the effect of the Force Majeure Event.

(iv)    If a provision of this  T&C Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of this  T&C Contract would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(v)      A contract under this  T&C Contract is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under this  T&C Contract is not subject to the consent of any third party.

(vi)     Statute Of Limitation: 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 our facility or this T&C Contract must be filed within three (3) months after such claim or cause of action arose or be forever barred.

(vii)    Agreement To Be Bound: By using this Services, you acknowledge that you have read and agree to be bound by this T&C Contract  .

(viii)  C3MultiCall may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to C3MultiCall by written communication to C3MultiCall's address at T-4, 7th Street, VSI industrial estate , Phase 2 , Tiruvanmiyur Chennai – 600 041.

(ix)     You shall not assign or transfer this T&C Contract in whole or in part without C3MultiCall’s prior written approval. You give your approval to C3MultiCall for it to assign or transfer this T&C Contract in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of C3MultiCall’s equity, business or assets; or (iii) a successor by merger, amalgamation or any reconstitution.

(x)      For any communications or complaints, you may contact our _______________ at  ____________<<email>>or __________________<<telephone no>>

6.      Definitions

(i)     “Administrator” shall mean the person authorised to administrate the MultiCall for Business (MfB) account;

(ii)   "Affiliate" shall mean and include, any Person existing or at any time in the future: (a) who Controls, is Controlled by, or  is under the common Control of C3Ware MultiCall Technologies Pvt Ltd; or where 50% or more of the voting securities of C3Ware MultiCall Technologies Pvt Ltd are directly or indirectly owned, legally and beneficially, by such Person; and/or (b) any person who has been engaged by C3Ware MultiCall Technologies Pvt Ltd to market the Services.

a)    "Control" together with its grammatical variations when used with respect to any Person, means and includes the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever.

b)    “Force Majeure Event” means the events beyond the control of C3MultiCall including (a) Acts of God; (b) fire, explosion, or accident; (c) war, outbreak of hostilities (whether war be declared or not), invasion, riot, revolution, insurrection, military or usurped power, civil disturbance, act of foreign enemies; (d) import or export regulations or embargoes; (e) acts of terrorism; (f) acts, restrictions, regulations, laws, refusals of any government or authority (including refusal or revocation of any licence or consent); (g) strikes, lock-outs or other industrial actions or trade disputes of whatever nature; (h) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; (i) default of suppliers or sub-contractors; or (j)theft, malicious damage, strike, lock-out or industrial action of any kind.

c)    "Person" means any individual, corporation, company, partnership, limited liability company, joint venture, association or trust or any other entity or organization.

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