THE FOLLOWING COMPRISES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CALLME4 WITH ENFORCEABLE OBLIGATIONS. READ THE TERMS CONTAINED IN THE AGREEMENT CAREFULLY.
BY VIEWING OR OTHERWISE ACCESSING THIS MOBILE APP OR USING ITS SERVICE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICATION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder are applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an agreement between you ("you" or "your") and "CallMe4", “CallMe4”, “Call Me4”, “CALLME4”, “Company”, “the company”, “us”, "we," or "our" that governs your use of the search services offered by CallMe4 through its "Website", “Mobile Application” or any other medium through which CallMe4 may provide its services (collectively "Platforms" ) or facilitation in making you contact various service providers. When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
This terms of use governs all use of thehttp://callme4.com/ (hereafter referred to “Callme4” or “Company” or “Us”, “Our”, “We”) website and all content, services and products available to you at or through the web site and mobile app. The Application and Website is owned and operated by CALLME4, a Company located in Noida, India.
CallMe4 is a platform which connects people and helps them share ideas, seek advice or provide consultation. It allows Members/Customers to connect, communicate and get consultation from Consultants of their choice.
The Consultants on CallMe4 platform are from different fields including but not limited to Psychology, Teaching, Astrology, Relationship Counselling, Motivation, Social Media, Business, Sales & Marketing, Funding, Product & Design, Technology, Skills & Management, Industries, Branding, Finance, Stock Trading, Customer Engagement, Strategy, Human Resources, Business Development, Legal, Accounts, Security, Sales & Marketing, Social Media Marketing, Search Engine Optimization, Public Relations, Branding, Publishing, Inbound Marketing, Email Marketing, Content Writing, Advertising, Fitness, Software Development, Mobile Technology, Insurance, Coaching, E-commerce, Education, Sports, Real Estate, Restaurant & Retail, Blogging among other such fields.
It is expressly clarified that we do not have any set eligibility criteria to term anyone as an expert or a Consultant. The Consultants declare themselves as experts of their chosen fields/categories/professions and claim to have expertise in the said field. It is not our responsibility to check their credentials or degrees or experience and hence we have no liability of any kind in this respect.
After downloading the CallMe4 mobile application, you will be able to access the terms and conditions of its fair use. It is your responsibility to read, understand and agree to the terms and conditions. If you do not agree with any of our terms or conditions of use, you can contact us to clarify or choose not to use CallMe4 any further. You can contact us atsupport@callme4.com to seek more details. You shall be bound by the terms and conditions, once you agree and start using the CallMe4 app.
CALLME4 is a Mobile App specifically designed to connect Celebrities, Influencers, Consultants (hereinafter referred to as “Consultant”) with their fans, followers, users or other CallMe4 app users. With CallMe4, you can easily connect with verified and trusted consultants and experts via a direct telephone call. You will be able to seek advice, get personalized assistance or simply, know something new every day from popular social media personalities from across the world.
CALLME4 is a Mobile App specifically designed to connect Celebrities, Influencers, Consultants (hereinafter referred to as “Consultant”) with their fans, followers, users or other CallMe4 app users. With CallMe4, you can easily connect with verified and trusted consultants and experts via a direct telephone call. You will be able to seek advice, get personalized assistance or simply, know something new every day from popular social media personalities from across the world.
You warrant that you’re at least 18 years of age to access the website and its service. Any use of the Service is void in Countries or territories where prohibited. By accessing and using the Mobile App and its service, you represent and warrant that you have the authority and capacity to enter into this Agreement and to abide by all of the terms of use of this Agreement.
FOR USERS: In order to place a Call to a Consultant, whether you’re an iPhone or Android User, You will be required to create an account with Us (“Account”), and You may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible when you request to make a Call on the Mobile App. Any account created by you on Callme4 app is for your personal use only. You are solely responsible for any authorized or unauthorized access of your account with Us. You expressly understand and agree that you’ll be responsible for keeping your login credentials safe at all times. During your account registration, You certify that all information You provide is complete and accurate. You agree to update Your information in the event of any changes or as may be notified to you.
FOR CONSULTANTS: In order to be listed as a Consultant on the CallMe4 App, you understand that you will be required to create an account as a Consultant. At our sole discretion, we may request that you undergo certain verification process which may require valid ID. You also warrant that you will use your reasonable efforts to keep your login credentials safe at all time. You’re solely responsible for responding to queries from the Users.
We have made necessary arrangements to ensure your safety as we will not share any personal identifiable information (PII) with Users to ensure that you’re not been traced or stalked. We strongly discourage providing any personal identifiable information to a User during a Consultation. All audio communications are secured, as we do not have access to any conversation that may occur between you and any User that reaches out to you.
It is expressly clarified that any false/incorrect information furnished by the Consultant shall entitle “Us” to prosecute “You” for the same.
Once you register as a consultant on Callme4 App, your profile will remain intact unless you delete or deactivate it.
Should you notice any unauthorized activity or changes to your account, please contact us using the support menu provided on the App or send you may reach us at:support@callme4.com.
1. Call Rates are set on a per minute basis. 2. Once the Call Rate has been set by the Consultant, the amount will be deducted from the Customer’s CallMe4 app wallet after getting consultation from the Consultant. The amount will be deducted for each minute based on the Call Rate set by the Consultant. 3. If the Customer does not have any minimum balance in their CallMe4 wallet, they will not be able to initiate the call with the Consultant. The Minimum Amount/Balance is defined as the per minute call rate set by the said Consultant for 1 minute of the call. 4. Customers are charged for a minimum of 1 minute of the call. Also, the pulse of a call is 1 minute. The Customer will be charged, as per the call rate of the Consultant, at the start of every minute of the call. It is clarified that even if “Your” call lasts for lesser duration, the call charges would be rounded off to the next minute (For clarification purposes, if “Your” call lasts for 1 minute and 10 seconds, then “You” will be charged for 2 minutes).
We have made this Mobile App available to you at no cost. However, you will be needed to fund your wallet to use certain parts of this service. We charge you on a per minute basis for all Consultations seeked or taken by you.
You will see the rate that applies to you before making a Consultation call to any of our Consultant.
To fund your wallet, you authorize us to bill you through the payment information you provide as may be requested through the Callme4 Mobile App. If we’re unable to bill you through the Payment information you’ve provided, we will notify you about such failed transaction. Should we determine that you’ve provided a payment information which could pose a potential risk to Us or our Mobile App, we reserve the rights to suspend the service to you or terminate your account at our sole discretion.
All payments made to Callme4 through the App are exclusive of all applicable taxes, and you expressly understand and agree that you will be responsible for the payments of any and all taxes that may arise in connection with your use of this Service.
The CallMe4 platform doesn’t make it mandatory for the Customer/Consultant to provide their location details. As a Consultant, you can authorise us to determine your location which will be visible to our Customers on the platform and kept for records purpose only. It is expressly clarified herein that this information is not shared with anyone except our Customers on the CallMe4 platform.
The Consultants hereby agree and give us complete rights to use videos and content created by them for CallMe4 for marketing purposes. The Consultant also allows CallMe4 to use their name and brand to market their services. This will be done at the discretion of Callme4 to try and ensure that the consultants can receive more calls on the platform. The CallMe4 platform can use the Consultant video in any manner to promote either the CallMe4 Mobile Application or the consultant and the said usage of the Video will not be in breach of any of the Intellectual Property Rights associated with the Video nor would it be in any breach of any other law or contract between the parties. The Consultant undertakes to not initiate any legal or any other action against the CallMe4.
“You” agree and acknowledge that the role of CallMe4 is limited only to provide the platform and hence all responsibilities including but not limited to compliance with laws, contractual terms, information, background check, etc. that has been uploaded by Consultant shall not be ours. At no point of time and for no reasons whatsoever, CallMe4 will not have liability or responsibility either to you or to anyone else.
You also understand and acknowledge that CallMe4 does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Customers/Members and Consultants. You acknowledge and agree that, as a Consultant, you are responsible for providing accurate details and your own acts and omissions.
CallMe4 platform has no liability about the veracity of the information about the Consultant. CallMe4 does not verify the credentials of any of our “Members” or “Consultants”. You understand and acknowledge that Consultants are not our employees or agents but are independent service providers using the Site, Application and Services to market their consultation services to Customers and the general public. You acknowledge and agree that CallMe4 will not be liable for any loss or damage caused by your reliance on information provided by Consultants or information contained in Member Content.
You acknowledge and agree that you will not hold us liable in any manner for any kind of losses incurred during to usage of the services facilitated by CallMe4. You understand, appreciate, acknowledge and admit that the actual services and/or information on CallMe4 is being provided by the Consultant/service provider and CallMe4 does not have any control over the same. In case of any loss/damages/harm/accident/etc. due to direct/indirect use of the CallMe4 platform in any manner, “You” agree to not lay claim or seek any damages from us. There is no liability on CallMe4 of any kind for the same.
It is also expressly clarified that appropriate action will be taken against the Customer if he/she does not provide correct information or attempts to take any disadvantage from the CallMe4 platform. We will initiate proper legal action for misbehavior with CallMe4 or the Consultant and service providers. We shall also be entitled to deduct/set off the amount from your next transaction. The amount shall be equal to an amount which you would have incurred for 30 minutes consultation with the said Consultant.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. CallMe4 cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
We maintain a separate ledger account of each Consultant and it can be procured upon request. We assist but do not guarantee that you don’t have to pay when your call is not connected. Even if any amount is deducted from your CallMe4 wallet, we will add it in the ledger balance which can be checked by you.
CallMe4’s role is limited to facilitating the availability of the Site, Application and Services and to provide services related thereto, such as arranging your call with the Consultant or scheduling an Appointment, call queuing, call cycling, payment integration and call facilitation.
Any dishonest/unfair/unscrupulous/crooked use of the CallMe4 platform will attract disruption of your services with immediate effect. CallMe4 reserves the right to block/suspend/revoke the account of its customers or to not to make any payments of its customer who are found guilty of unfair use.
CallMe4 reserves the right to suspend Website/Mobile Application Services to “You” at any time, for any reason, including, but not limited, to the following points:-
CallMe4 Website/Mobile Application reserves the right to set off any balance in your wallet in order to recover funds for transactions processed as per your request.
The CallMe4 account expiry and balance forfeiture will depend upon the inactive use of CallMe4 platform for a period of 3 months from last activity. CallMe4 application reserves the rights to forfeit the amount.
Charges pertaining to transactions shall be in accordance with RBI guidelines as applicable on timely basis.
You will not post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information). CallMe4 has no responsibility whatsoever for the contents of the advertisement posted by Consultants/Members. We cannot be held responsible if the contents are obscene, hurts the sentiments of anyone or section of society or religious sentiments, etc. However we ensure strict action against any such advertisements if reported to us.
While using the CallMe4 platform, you will adhere to the following:
Without limiting the above rules, You agree not to use the Services offered through our site or CallMe4 Mobile Application to take any of the following actions:
"KYC" stands for Know Your Customer and refers to the various norms, rules, and laws issued by Reserve Bank of India from time to time.
CallMe4 Website/Mobile Application is required to procure personal identification details from its Users before any Services can be delivered and at the time of Registration and/or on a later date for availing and/or continuation of the said Website/Mobile Application.
The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and CallMe4 Website/Mobile Application reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
CallMe4 reserves the right to discontinue Services at any time if there are discrepancies in information and/or documentation provided by “You”.
The information provided to us with the intention of securing CallMe4 Mobile Application Services shall be retained with us, and may be used, for any purpose consistent with any applicable law or regulation, at our discretion.
If the particulars provided by You in the KYC documents does not match with the details mentioned in the CallMe4 profile, thenDIGITECH SOLUTION has the right to forfeit the balance amount in yourCallMe4 Mobile Application account or stop the transfer of the amount in your Paytm account.
These limitations may be reviewed and modified at the discretion of CallMe4 platform without providing prior intimation to “You”, subject to guidelines/notifications issued by RBI from time to time.
You are advised to not share any confidential, proprietary or any other information which you intend be kept as confidential or private with CallMe4. CallMe4 requests your personally identifiable information and agrees specifically to keep it confidential as provided in our Privacy Policy. Any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction.
The CallMe4 company name, logos, related products, service names, design marks, slogans, trademarks and service marks or any other Intellectual Property Rights is owned by and used under license from CallMe4 and its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the CallMe4 Platforms must bear copyright, trademark or other proprietary notice located on the respective platforms that pertain to the material being copied.
“You” are not authorized to use any CallMe4 name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of CallMe4. Requests for authorization should be made tosupport@callme4.com.
We reserve our right to record the calls made through the CallMe4 platform for quality control and internal reports. You specifically AGREE that you have no objection for recording and use of such calls. The calls made through the CallMe4 platform is only permissible for engaging in professional services. It is conclusively presumed that you would not be engaging in any discussions which are private in nature and hence, you have no objection for recording and usage of the recorded calls.
We don’t offer our services neither do we promote any services in any manner relating to an act which is:
To read our privacy policy statement regarding personal information, please refer to thePRIVACY POLICY.
SUSPENSION AND RESTRICTIONS TO USE SERVICEIn case of your breach of the Terms, or any other event as We may deem necessary, including without limitation, any disruption to Callme4 and/or Force Majeure event; We may, in our sole discretion and without liability to you, with or without prior notice (a) suspend your access to all or a portion of our Services; (b) completely terminate your account with us without any liability to you.
Termination Arising from Fraudulent Activities, Violation of Terms: We reserve the right to terminate your account, should you attempt to use the service in a way which shall be deemed as fraudulent, or should be reported by a Consultant about an engagement which violate the purpose for CallMe4 has been designed.
You understand that we under Obligation to retain data/information which may be turned over to the law enforcement authorities in event of suspension/closure arising from fraud investigations, or violation of CallMe4 Terms,
USE OF SERVICES; ASSUMPTION OF RISK.Both Users and Consultant agree that the Service is intended to be used to facilitate interactions between parties. CallMe4 cannot and does not control or guarantee the content contained in any Interaction or the information exchanged between Users via the Service.
You expressly understand that all engagements or interaction with any User of this Platform will be conducted only through the Mobile App. We expressly discourage our Users from having any physical contact with another User whom they have consulted.
CALLME4 DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR ENGAGEMENT WITH OTHER USERS. CALLME4 ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. CALLME4 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. CALLME4 RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
CALLME4 DOES NOT PROVIDE ANY WARRANTY AS TO THE GENUINENESS OF THE REGISTERED CONSULTANTS; NOR IT VERIFIES THE AUTHENTICITY OF ANY OF THE REGISTERED CONSULTANTS, WHO REGISTER THEMSELVES WITH CALLME4. THE USERS AGREE THAT THEY THEMSELVES OUT OF FREE WILL AND CONSENT CHOSE TO AVAIL THE SERVICES OF CALLME4.
CALLME4 WILL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY USER ON THE PLATFORM. IN NO EVENT WILL CALLME4, ITS AFFILIATES OR ITS PARTNERS BE LIABLE IN ANYWAY FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANOTHER USE IN CONNECTION WITH THE USE OF THE MOBILE APP OR SERVICES INCLUDING, WITHOUT LIMITATION, EMOTIONAL DISTRESS, DEATH, BODILY INJURY, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE MOBILE APP OR MEET IN PERSON.
PROPRIETARY RIGHTS; GRANT OF LIMITED LICENSE.The content provided through the Mobile App and Service, including but not limited to, the text, software, graphics, photographs, phone calls, interactive features, tags and other materials (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Us, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult, Callme4 hereby grants You a limited and revocable single user license to access its computer servers to use the Mobile App for Your private and non-commercial entertainment and educational use and enjoyment only. All Content is provided to You solely for Your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Mobile App or Content. We or Our licensors retain all intellectual and proprietary rights in and to the Mobile App and Content, except as expressly provided herein. No right is granted to You herein to use any Marks.
NON-COMMERCIAL USECallMe4 is made available for your personal use only. You may not advertise or solicit any User or Consultant to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to any User or Consultant registered.
AUTHORIZATION TO COMMUNICATE WITH YOU.By using Callme4,
Consultant: By registering an Account with Callme4 as a Consultant, you hereby authorize Users to Contact you. You understand that it is your responsibility to attend to questions Users may ask using your reasonable and professional knowledge.
User: By using this Service, you understand that you’re solely responsible for your interaction with any Consultant you engage. CALLME4 SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES OR LEGAL COST YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SERVICE.
(Both the User and Consultant hereinafter referred to as “You” “Your” in the paragraphs below)
You hereby understand and expressly agree that:
a. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of the Service. You acknowledge and agree that Callme4 shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means.
b. You further expressly acknowledge and agree that Callme4 does not screen any profiles, affiliated Mobile Apps controlled by Users, or any other persons and Users. You expressly acknowledge that while Callme4 tries to verify the identity of the Users, Callme4 ultimately has no control over such communications and makes no representations or warranties whatsoever with respect to the character, veracity, age, health or any other attribute of any Users of the Mobile App, including any person who places any advertisements, profiles, posts, chat, or notices in association with the Mobile App. You expressly acknowledge and agree that Callme4 shall have no liability whatsoever regarding the truth or accuracy of any such profiles and any corresponding telephone communications.
c. You acknowledge and agree that You, and not Callme4, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You communicate through the Service even if a claim for damages or liability should arise after termination of Service.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement at all times for changes. Your continuous use of or access to the Mobile App following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Mobile App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of use of this Agreement.
a. By posting Content on the Mobile App or as part of the Service, you automatically grant to Callme4 its directors, affiliates, licensees, contractors, third party agents and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Callme4 will not infringe or violate the rights of any third party.
b. In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Mobile App. You may not post, upload, display or otherwise make available Content that:
Callme4 reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Mobile App or Service and terminating or suspending the account of such users.
a. You acknowledge and agree that neither Callme4 nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect, inaccurate completeness, appropriateness and usefulness of the Content, Feedback, Profiles and other information posted on the Website or Mobile App or provided in connection including with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Mobile App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or Mobile App or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HTTP://CALLME4.COM/ PROVIDES THE WEBSITE, MOBILE APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE MOBILE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HTTP://CALLME4.COM/ DOES NOT REPRESENT OR WARRANT THAT THE MOBILE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE MOBILE APP OR IN THE SERVICE WILL BE CORRECTED.
LIMITATION ON LIABILITY.TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CALLME4, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CALLME4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALLME4’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CALLME4 FOR THE SERVICE DURING THE TERM OF ACCOUNT. 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 THE MOBILE APP OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
CallMe4 communicates information provided and created by professionals, workmen, craftsmen, artists, service providers, advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties, etc. While every attempt has been made to ascertain the authenticity of the content on the Platform, CallMe4 has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, application, site and material on the Platforms may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such above mentioned information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses, etc.
CallMe4 expressly clarifies that it has no resources to check the character, conduct or the antecedents of any person who use our “Service” or provide “Services”. You are solely responsible and should use personal discretion while using the Platform Services.
CallMe4 reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, anywhere on our Platforms. Wherever appropriate and possible, we will endeavor to update the information listed on the platform on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and content hosted on the Platforms are reserved solely with CallMe4. Users are permitted to read, print or download text, data and/or graphics from the CallMe4 Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained on the Platforms in any other manner, either in entirety or in part, is strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on the Platforms as a convenience to the Users only. The listing of an external site does not imply endorsement of the site by CallMe4 or its affiliates. CallMe4 does not make any representations regarding the availability and performance of its Platforms or any of the websites of which we provide external links. When you click on advertiser banners, sponsor links, or other external links from the Application or other Platforms, your browser may automatically direct you to a new browser window which is not hosted or controlled by CallMe4. CallMe4 and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
External links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on any of the externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All the sections in the Application inviting reader participation will contain views, opinions, suggestions, comments and other information provided by the general public, and CallMe4 will not be responsible for the accuracy, veracity or correctness of such information. CallMe4 reserves the absolute and sole right to accept/reject information from readers and/or advertisements from advertisers and impose/relax access rules and regulations for any User(s).
CallMe4 also reserves the right to impose/change the access regulations of the Application, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of Users to refer to these terms and conditions, everytime they use the CallMe4 Platforms.
While every attempt has been made to ascertain the authenticity of the content on “Our” Platforms, CallMe4 is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content on the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses, etc.
Any provider of goods or services is entitled to register with CallMe4 directly. CallMe4 does not examine whether the advertisers are good, reputable or quality sellers of goods/service providers. You must satiate yourself about all such relevant aspects prior to availing Our Services. CallMe4 has not negotiated or discussed any terms of engagement with any advertisers/service providers. You are advised to do the same. Purchasing of goods or availing any services from advertisers on CalMe4 will be your sole responsibility and at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity, quality or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the CallMe4 Platforms. It is specifically informed to all the Users that we don’t have any means to check the credentials or involvement in any crime of any of its User, Supplier or Service provider. All such transaction will be proceeded with at your own risk and peril. You are suggested to take all precautions while transacting either with service providers or other users.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the CallMe4 Platforms.
Any use of CallMe4, reliance upon any Materials, and any use of the Internet, will be your sole responsibility and at your own risk. CallMe4 disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed or service provided in the search results in its Platforms.
THE MATERIALS AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE & APPLICATION) OR THE SERVICES PROVIDED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CallMe4 DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. CallMe4 DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CallMe4 DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
CallMe4 MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF THE CONTINUED EXISTENCE AND/OR OPERATIONS OF THE ADVERTISER/SERVICE PROVIDERS, OR THE QUALITY, QUANTITY, MERCHANTABILITY OR FITNESS FOR USE OF THE GOODS OR SERVICES OFFERED BY THE ADVERTISER/SERVICE PROVIDERS.
CallMe4 Users using the services on all/any of the following mediums i.e. through internet, website, SMS, phone, application or any other medium are bound by the additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transactions) with the Advertiser/Service Providers listed with CallMe4.
Users are cautioned that any information provided or received from the Advertiser/s is taken in good faith, without suspecting the bonafide intentions of the Advertiser/s or the Service Providers and CallMe4 does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed on the Platform. We are not responsible for any act of Advertiser/s listed on CallMe4.
IN NO EVENT SHALL CallMe4 BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY. EVEN IF CallMe4 IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. CallMe4 DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIALS ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES AND SHALL HAVE ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the CallMe4 Platform, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, is solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that CallMe4 is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platforms.
You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms.
Changes may be periodically incorporated into the CallMe4 Platforms. CallMe4 may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted on the Platforms. Anyone using the Platform agrees that CallMe4 may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its Users. CallMe4 reserves the right to modify, reject or eliminate any materials residing on or transmitted on its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
INDEMNIFICATION: “You” agree to indemnify us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms. You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of, or in connection with these Terms or any Advertising Products or services you request, including without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.
These Terms will be governed by and construed in accordance with the Indian laws only and “You” agree to submit to personal jurisdiction in India. You are responsible for compliance with the applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between “You” and “CallMe4” and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and CallMe4. CallMe4 reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information. CallMe4 reserves the right to seek all remedies available at law and in equity for violations of these Terms.
NOTICES: All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmissions is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received; in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our email i.e.support@callme4.com.
FORCE MAJEURE: We will have no liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labour or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
TELEPHONE CONVERSATIONS: All telephone conversations between You and Us about your advertising may be recorded and you hereby consent to such monitoring and recordation.
ARBITRATION: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) There shall be a sole arbitrator to adjudicate the dispute of any kind and the name of Arbitrator shall be decided by us i.e. CallMe4 c) The venue of Arbitration shall be in Delhi, India.
TERMS NOT COVERED: Any Terms which are not covered in this agreement shall be deduced from the Terms of Our competitors or whatever is the market or general practice on that particular issue.
These Terms constitute the entire agreement between “You” and CallMe4 with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, “You” should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. As provided in Section 1, these Terms may not be modified except by in writing signed by You and Us; provided, however, “We” may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to You or, if earlier, posting of such revised terms and conditions on CallMe4 Website/Application/Platforms.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Mobile App shall be BINDING ARBITRATION administered by the Indian Arbitration and Conciliation Act. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST CALLME4 ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
b. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Callme4 (except for small-claims court actions) may be commenced only in the federal or state courts located in India. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement constitutes the entire agreement Callme4 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Callme4, or by the posting by Callme4 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Mobile App will be governed by the laws of the state of Israel
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Mobile App, contains the entire agreement between you and Callme4 regarding the use of the Mobile App and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Callme4 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-exclusive, non-transferable and revocable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Callme4 in any manner.
You acknowledge having read the Agreement before accepting it, having the authority to accept the Agreement and having received a copy of the Agreement. Should have any questions about your use of Callme4’s Mobile App, feel free to contact us at: support@callme4.com.