These terms of service ("Terms") are made by and between rollcall.co.in (Hereinafter referred to as "RollCall" / we / our / us), having its registered office at G-10, IVY Center, Prabhat Nagar, Patel Estate Road, Next to Amboli Police Station, Jogeshwari - West, Mumbai - 400102 and You as user of RollCall's Services defined herein below for governing your access and use of all Services, so please read them carefully before using the Services.
USE OF THE SERVICES
If you, as an individual, utilize the Services provided by the Website on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions. RollCall may continue to change Services over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. Your continued use of the Service shall constitute your acceptance of such amendments. We may also remove any content from our Services at our discretion.
YOUR FILES AND PRIVACY
By using our Services you provide us with information, files, and folders that you submit to RollCall (together, "your files"). You retain full ownership to your files. We don't claim any ownership on any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.
We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.
The Services provide features that allow you to share your files with others using the website or to make it public. There are many things that Users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public, RollCall has no responsibility for that activity.
We have and continue to have the Right to modify, change, suspend, update, revise these Terms from time to time and the most current version will always be posted on our website. Such changes shall be effective immediately upon posting on the Website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
SOFTWARE AND UPDATES
In the event, RollCall grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms.
You agree and undertake not to reverse engineer or decompile, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information, data, software obtained from the Website or attempt to do so, or assist anyone else to do so. We may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms. We assume no responsibility for functionality which is dependent on your computer system or browser or other third party software to operate.
USER ACCOUNT & SECURITY
In order to avail Services, you are required to register and create a User Account with password on the Website ("User Account"). At the time of registration you shall be required to share certain information with RollCall. With respect to your personal information, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your User Account.
The information collected from time to time will assist you in protection of your User Account. In case you forget password, on its request we will send a new password at the email Id provided by you during the registration.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are required to log in and exit properly on the Website each time to access/exit your User Account. You are responsible for maintaining the confidentiality of User Account. You are responsible for any activity using your account, whether or not you have authorized that activity.
We reserve the right to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify RollCall in writing of any unauthorized use of your account, or any other breach of security or other known account-related security breach.
Your files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not RollCall, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not RollCall, are responsible for maintaining and protecting all of your files. RollCall will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Use of Services including the use of Software are strictly for personal and official use of the User only. User is allowed to use Website subject to acceptance of these Terms.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES AND SOFTWARE ARE PROVIDED TO YOU ON AS IS", "AS AVAILABLE" BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE SERVICES ARE NOT HACK PROOF AND WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. RollCall will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROLLCALL, ITS DEVELOPERS, RESELLERS, AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUB-DISTRIBUTORS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ROLLCALL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL BE LESSER OF RS. 1,500 OR THE AMOUNTS PAID BY YOU TO ROLLCALL FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
All your personal information will be deleted from the website in the event you suspend or terminate or deactivate or delete your User Account. However, information backed-up from time to time remains as part of such back-up material on the Website. RollCall reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our Website; and shall be due and payable in advance of provision of the Services.
We reserve the right to alter pricing, including ceasing to offer elements of the Services. RollCall will inform you by email if the charges for a Services is to be altered. You can then decide if you want to continue to use such Service. Your continued use of the Service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our Services are due in advance and your contract will automatically renew it on yearly basis, at which point fees for the following year becomes payable. If you choose to pay by credit or debit card then you authorize RollCall to debit your account renewal fees from your card.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use for providing the Services are protected by copyright, trademark, and other laws of both the India and foreign countries. These Terms do not grant you any rights to use the RollCall trademarks, logos, domain names, or other brand features.
All materials on this Website, including but not limited to images, audio, video, graphics, software, text, icons, underlying source code, software scripts and such like (the "Content"), are protected by relevant Intellectual Property Rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Website whether owned/used by RollCall or otherwise. By displaying them on this Website, RollCall is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.
Additional Terms applicable to use of RollCall Backup
RollCall shall provide a storage space as required by thesoftware to run optimally. There is no direct user accessible storage.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things:
RollCall shall have the right to monitor the content of the Website at all times, to determine compliance with these Terms and any rules, code formulated by RollCall and all applicable laws, rules and regulations. Without limiting the foregoing, RollCall shall have the right to remove any material that RollCall, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Any person using the Website and Services whether in India or outside India will do so at his own risk and responsibility. Company shall not be liable in any form for any delivery/non delivery of any Service, payments made, etc. and any consequences thereof. RollCall reserves right to prevent any person from using the Website and/or Services (part or whole) at any point of time.
User understands and acknowledges:
REPRESENTATION AND WARRANTY
User represents and warrants that:
LINKS TO THIRD PARTY
We may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website.
The Website contains links to third party websites maintained by other content providers. If the User decides to access linked third-party websites, the User does so at his/her own risk.
RollCall shall be in no way responsible and liable for any third party product or services. The advertisement, third party links available on e-mail or website with respect to the third party links, website or the products and services are for information purpose only.
We do not endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers and any such third party providing such services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY INDIAN LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF MUMBAI, MAHARASHTRA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION OF MUMBAI.
RollCall’s failure to enforce a provision is not a waiver of its right to do so later.
If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible and the Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable.
You may not assign any of your rights in these Terms, and any such attempt is void, but RollCall may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
RollCall and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Without limiting the foregoing, under no circumstances shall RollCall be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
All notices of RollCall will be served by email or by general notification on the Website. Any notice provided to RollCall pursuant to the Terms should be sent to the registered office address of RollCall.
CANCELLATION & REFUND POLICY
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized NestWell Technologies to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
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G-10, IVY Center, Prabhat Nagar,
Patel Estate Road,
Next to Amboli Police Station,
Jogeshwari - West,
Mumbai - 400102.
Mobile: +91 730-347-9777