TERMS AND CONDITIONS FOR USE OF OUR MULTICALLTM FACILITY

Section I: Introduction

1.1     These terms and conditions shall govern your use of our MulticallTM facility.

1.2     By using our MulticallTM facility, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use or subscribe to our MulticallTM Facility.

1.3     If you [register with our services, submit any material to use any of our services], we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least [18] years of age to use our MulticallTM Services; by using our services or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5     Our services use cookies; by using our services or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

Section III: License Grant

 

Subject to the terms of this license, MultiCallTM grants you a limited, non-exclusive and non-transferable license to install and use the Application and Software on your personal device solely as set forth in this License and any accompanying documentation, solely for your personal use or internal business operations. Your acquired rights are subject to your compliance with this License.  Any rights not expressly granted herein are reserved by MultiCallTM.

All Content made available on this facility is owned by MulticallTM and/or its licensors and is protected under copyright law. You agree and acknowledge that you shall not acquire any rights of ownership by downloading any Content and that you will only use Content for your own personal purposes or internal business operations during the Licence Period

Application Updates

You agree that the Application may automatically download and install updates, upgrades and additional features that MultiCallTM deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation of MultiCallTM 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

Restrictions

The Application is licensed, and not sold, to you for use only under the terms of this License. Except as expressly licensed to you herein, MultiCallTM reserves all right, title and interest in the Application and all associated copyrights, trademarks, and other intellectual property rights therein.

You may not:

  1. remove any copyright, trademark or other proprietary notices from any portion of the Services
  2. 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 MultiCallTM
  3. Sublicense, rent, lease or otherwise distribute the Application or rights to use the Application to any other party.
  4. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer the Services except as may be permitted by applicable law
  5. link to, mirror or frame any portion of the Services
  6. 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
  7. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks
  8. alter, modify, enhance, translate or create a derivative work of the Application

You further agree to use the Application in compliance with all applicable laws and regulations.

Changes to this License

MultiCallTM may make changes to this License. MultiCallTM will either post the updated terms on or via the Application or otherwise provide you with notice of the updated terms of use. Every time you wish to use Service, please check these terms of use to ensure you understand the terms which apply at that time. This License was last updated on 13 October 2017

Termination & Suspension

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

  1. You fail to comply with any of the terms and conditions of this License; or
  2. MultiCallTM ceases to support the Application; whichever is earlier

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and MultiCallTM is not liable for any disruption or loss you may suffer as a result. MultiCallTM may suspend or withdraw or restrict the availability of all or any part of the Application 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. MultiCall’s termination will not limit any of MultiCall’s other rights or remedies at law or in equity

Section IV: Terms of Use

User Accounts: In order to use the Services, you must register for and maintain an active personal user Services account (“Account”).

Creating an account:

  1. You will need to download a copy of the MultiCallTM app from authorized sources to create an account
  2. Account registration requires you to submit to MultiCallTM certain personal information, such as your name, email ID and mobile phone number. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services
  3. You are responsible for all activity that occurs under your Account

Profile Creation/ Addition

  1. You need to create at least one profile in your account to access and use the Services
  2. Profile creation requires you to submit at least one valid payment method to MultiCallTM. Your failure to maintain accurate, complete, and up-to-date payment information may result in your inability to access and use the Services
  3. You can add profiles created by 3rd parties to your account. In such cases, the third party may have additional rights over your account, like the ability to access or delete your MultiCallTM profile. Please review any additional terms the third party provided you, as MultiCallTM has no responsibility regarding these additional terms.

Profile Validation

You will need to sign in and use a new profile at least once within 3 months of creation to validate the profile. Your failure to do so will cause the profile to be suspended and may result in your inability to use the Services

Account Use

You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You agree not to

  1. Share your access details and account with another individual
  2. Create a false identity on the Application for purposes of misleading others
  3. defame, abuse, harass, threaten, spam, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Application
  4. 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)
  5. Publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct on the Application
  6. Use the Application to call or otherwise contact people without their prior consent
  7. Use the Application for telemarketing, teleselling or market research without the prior consent of the persons you are calling
  8. Use the Application to send messages that cause any damage or risk to the Company or its network and/or other Subscribers

MultiCallTM reserves the right to terminate the Services at its sole discretion, in any such event.

MultiCallTM does not endorse the content, messages and/or information exchanged by means of the Application and therefore you agree that MultiCallTM is not liable with respect to such content and/or any action resulting therefrom.

You are responsible for all actions that occur in connection with the account you use to register and log into this Application. You agree to notify MultiCallTM immediately of any unauthorized use of your account related to the Application.

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

Privacy

Privacy of communication is not guaranteed and is subject to Government regulations and other such factors

Network Access and Devices

  1. You are responsible for obtaining the data network and phone network access necessary to use the Services.
  2. 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.
  3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
  4. MultiCallTM 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

Service Quality

Service quality, functionality, availability, and/or reliability may be affected, and MultiCallTM 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

  1. Regulations, orders, directions, of Authorities including the changes thereto
  2. 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.
  3. Combat potential fraud, sabotage, willful destruction etc.
  4. Any other legitimate business purpose.
  5. Force-majeure circumstances, act of GOD.
  6. If Service is used in any manner that violates any laws etc., or adversely affects or interferes with the Services in any manner.
  7. Any discrepancy/wrong particular(s) in the information provided by the Subscriber
  8. Interconnections between Service providers.
  9. Breach of any part of this agreement by the Subscriber

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

Payment

  1. You understand that use of the Services may result in charges to you. After you have received services through your use of the Application, MultiCallTM will facilitate your payment of the applicable Charges.
  2. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MultiCallTM.
  3. 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 MultiCallTM 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 MultiCallTM
  4. By authorizing recurring payments, you are authorizing MultiCallTM to process such payments as charges to your designated account
  5. Credit period is 21 days from the date of invoice for postpaid accounts. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, MultiCallTM reserves the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
  6. Payments made after the due date will be charged interest at 1.5% per month
  7. MultiCallTM reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MultiCall’s sole discretion.
  8. You will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof
  9. MultiCallTM 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 or goods obtained through the use of the 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

Closing your account

  1. You may uninstall the application at any time and for any reason. However, uninstalling will not automatically delete your account
  2. To close your account you will need to write to Support@MultiCall.in
  3. When your account is closed, you lose the right to access and use the Services immediately
  4. 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

No Access to Emergency Services

There are important differences between traditional telephone services and MultiCallTM Services. MultiCallTM is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law. MultiCall’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:

  1. it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and
  2. MultiCallTM is not a replacement for your primary telephone service.

Section V: Limitation of Liability; Indemnity, Governing Laws

Limitations of Liability

MultiCall's maximum aggregate liability to you arising in connection with the License shall not exceed:

  1. in relation to pre-paid fees, the total fees deducted from your prepaid account by MultiCallTM as payment for the affected service(s) during the calendar month in which the first event giving rise to a claim occurs; and
  2. in relation to post-paid fees, the total fees paid by you to MultiCallTM for the affected service(s) during the calendar month in which the first event giving rise to a claim occurs

MultiCallTM is not responsible (whether in contract, tort (including negligence) or otherwise) for:

  1. any special, indirect or consequential loss or damage;
  2. loss of business, loss of revenue, loss of profits, loss of anticipated savings or loss of goodwill
  3. losses not caused by MultiCall's breach
  4. your use of a third party login to create your account with MultiCallTM
  5. actions taken in response to breaches of the terms and conditions of this License
  6. any content, communication, messages and/or information exchanged by means of the Application
  7. the accuracy or completeness of information contained on the Application
  8. subject to applicable law, the accuracy of identity information of users; and
  9. failure to provide the Application or to meet any of MultiCall's obligations under this License where such failure is due to any cause beyond MultiCall's reasonable control which prevents MultiCallTM from providing the Application or fulfilling any of MultiCall's other obligations under the License and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God

Indemnity

You agree to indemnify and hold MultiCallTM 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 services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) MultiCall’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Governing Law and Arbitration

This License is governed by the laws of India.

In the event of any dispute arising under or by virtue of this agreement or any difference of opinion between the parties concerning their rights and obligations under this agreement, 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. In the event of any claim, dispute or difference being referred to arbitration, this Contract will continue to be enforced. The arbitration shall take place in Chennai, Tamil Nadu. The arbitration award shall be final and binding on each Party

 

Section VI: Other Provisions

Entire Agreement

This License constitutes the entire agreement between you and MultiCallTM with respect to the Application and supersedes all prior or contemporaneous oral or written agreements and understandings regarding such subject matter. In entering into this License, you agree that you have not relied on and will have no remedy in respect of any representations made by MultiCallTM other than as set out this License. Nothing in this Section 14 shall limit or exclude liability for fraud.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, 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.

Conflict

In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.

Force Majeure Event

MultiCallTM will not be liable or responsible for any failure to perform, or delay in performance of any of MultiCall's obligations under this License caused by circumstances beyond its reasonable control (including, without limitation, labour disputes, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any applicable law or governmental order, rule, regulation or direction, accident, failure of technical facilities, fire, flood, storm or default of suppliers or sub-contractors) (“Force Majeure Event”). MultiCall's obligations under this License will be suspended for the duration of the Force Majeure Event and MultiCallTM will use all reasonable endeavours to mitigate the effect of the Force Majeure Event.

Severability

If a provision of these terms and conditions 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 these terms and conditions 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.

Third Party Rights

A contract under these terms and conditions 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 these terms and conditions is not subject to the consent of any third party.

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account, and you must stop using our facility.

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 Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Agreement To Be Bound

By using this facility, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this facility   This example shows how one student approached the writing prompt “What is your favorite day of the week and why?” The original draft has some interesting ideas but overall, the paragraph wanders. It includes both relevant and irrelevant details and lacks the coherent focus required for a successful paragraph.

Simultaneous group calling

Call the whole team like you call
one person. Get dialed into a
conference call with a phone line.

Scheduled calls

Schedule your calls ahead of time.
Pick your favorites and monitor your
participants. Lead your conference
anytime, anywhere.

Superior sound quality

Your words are important to us.
With MultiCallTM you will have no
trouble with dropped calls or static.
Hear every word, every time.

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