Last Updated: August 8, 2017
This document is an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules made there under, and the amended provisions pertaining to electronic records in various other statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Vokal (hereinafter referred to as "Application" or “App”) is owned and operated by Bombinate Technologies Private Limited (the “ Company”), a company incorporated under the Companies Act, 2013 with its registered office at No. 750 (New No. 38), 9th Main, Jayanagar 4th Block, Bangalore, KA – 560011.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS TOS, PLEASE DO NOT USE THE APPLICATION OR SERVICES.
"App" or “Application” shall mean and include the software and mobile Application accessed through or downloaded from the App store i.e. Android or IOS, and accessible from any platforms where the Application functions such as mobile phones, tablets and any such other devices. For the purpose of this ToS, the Application shall mean Vokal, and any improvement or modifications to the same as released by the Company later.
"Company," "we," "us," or "our" means Bombinate Technologies Private Limited and any other companies that are subsidiaries and affiliates.
"Content" means and includes, without limitation, any information, data, text, voice notes, videos, User profiles, software, tags, graphics, and interactive features generated, provided, or otherwise made accessible either by you or by us or our partners or Sponsors on or through the Service.
"Service(s)" means services provided through the App, as described in further detail under clause 3 below. The Services provided through the Application may change from time to time, at the sole discretion of the Company.
“You” or “User” or “Consumer” shall mean any registered user of the Application, or his/her representatives or affiliates who are registered on the Application.
“Vokes” shall mean any voice note posted by a User registered user on the Application in response to any questions posted on the Application.
Your use of the Applications is subject to these ToS, which may be updated, amended, modified or revised by us from time to time without notice to You. It is important for You to refer to these ToS from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that we may have made to these ToS.
The Application requires permission to access the microphone on your mobile phone. On your acceptance of such access, the Application provides You with the ability to (all together the “Services”):
The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Service or by sending You an email. Your continued use of the Service following the posting of any changes to the ToS constitutes acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account and for maintaining the security of the Application and any information You input to the Application. Further, we are not responsible for the accuracy or legitimacy of any data, information or Content uploaded or posted by you on the Application during your usage of the Services. Similarly, we are not responsible for any information and/or Context uploaded, displayed, created or posted on the Application by other Users. Any reliance by you on any information or Content provided by any other User will be your responsibility. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by you as a result of your reliance on any information provided by any other User.
You shall not use or access another User’s account without such other User’s express permission. You will immediately notify us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware.
You can access the Application through your account maintained in the Application. The details regarding registration and creation of an account are captured in clause 4 below. The account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, we will not be liable for any interruption that may be caused to Your access of the Services.
When you download the Application,you will first be asked to choose the language you would like to use the Application in – Hindi, Tamil or Kannada (this preference can be changed in the settings page of the Application at any time). On accepting the ToS and PP after this, you will automatically be redirected to the account creation and registration process. As part of the registration process/for creating your account, you will need to provide us with your phone number, (which will be verified via a one-time password) and your full name. You may choose to provide us with your email ID as well at this stage, although this is not mandatory. It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You can then create an account username/handle and password for yourself. You cannot create an account username and/or password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of the above conditions.
On the creation of your account, you can modify your handle/username at any time. You may also add a description of yourself to your account. Your account handle and description must both be in English, and will be visible to any other User viewing your account or your questions/answers.
If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately. Please note that we never contact Users requesting them to confirm their username, password or any other details, except when the User is signing into the Application.
There is no fees and/or payment required to be made by you prior to, during, or after your usage of the Application. The usage of the Application is completely free of cost, and any request for fees or payment by any person/entity purporting to be a representative of the Company should be ignored by you, unless the same is reflected in an updated version of these ToS.
We reserve the right to maintain, delete or destroy all information, Content and materials posted or uploaded through the Service(s) pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to the you. We (may/may not) make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
The Company may provide Users with links to, or contact information for, third party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Service. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
As a condition of use, You promise not to use the Service for any purpose that is prohibited by the ToS or other rules or policies implemented by us from time to time. The Service (including, without limitation, any Content) is provided only for Your own personal, non-commercial use.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures we may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
The Application provides you with multiple automatic alerts, if (a) another User likes a question or answer posted by you; or (b) another User answers a question posted by you, or comments on an answer posted by you; or (c) when you receive a daily digest for topics you follow etc. You can opt-in or opt-out of such alerts.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
The Content listed on the Application are either (i) User generated, or (ii) belong to Company. The nature of ownership and use of the information and Content uploaded and/or provided by you has been clarified in clause 6 above. Your copying of the copyrighted content published by Company on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
We authorize the User to view and access the content available on or from the Application solely for receiving, interacting, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "Our Content"), are our property and are protected under copyright, trademark and other laws. User shall not modify Our Content or reproduce, display, publicly perform, distribute, or otherwise use Our Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are solely responsible for the Content that You choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to the Application or other Users. Our role in publishing the Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. We disclaim all responsibility with respect to the content of Critical Content, and our role with respect to such content is restricted to our obligations as an ‘intermediary’ under the said Act. We shall not be liable to pay any consideration to any User for re-publishing any content across any of our platforms.
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
and you agree to provide your fullest co-operation further to such communication by Company.
We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile. You hereby represent and warrant that You are fully entitled under law to upload all Content uploaded by You as part of Your profile or otherwise while using our Services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at our sole discretion with or without notice to You.
Users shall be prohibited from:
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at [email@example.com]. In some, regions or associated with certain partners, we may direct You to obtain support from 3rd party service providers. The Company does not make any promises regarding how quickly we will respond to Your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company reserves the right to suspend or terminate Your access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Application by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR [●]/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Application or Services, the Terms or any transactions entered into on or through the Application or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
The ToS are the entire agreement between You and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the Service. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding the Service, please contact Company at [firstname.lastname@example.org] or reach out to our service care number.
Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.) for the purpose of validation and taking Your service request.