These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AVIFA INFOTECH PVT LTD (“we,” “us” or “our”), concerning your access to and use of our mobile application and the web platform or software (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
AVIFA INFOTECH PVT LTD is a company registered in Kolkata under Companies Act 2013 which owns both, the application and website-based software under the name and style of “GoDial Personal” and “GoDial Enterprise” available on its website, Google play store and Apple app store. GoDial is the mobile based CRM and the auto call dialer enabling quicker access to the customer and/or potential customer and/or user. It also helps tracking the conversation for future use and better service.
The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Application is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Application.
The mobile application or the website platform or software can be used in following manner.
The Product “GoDial Personal” is available ONLY in the application format and can be accessed through Google “play store” and Apple “App store”. The application doesn’t require any login and the data is stored only on the device of the user. User can add/import the contacts to be used for calling. The user can integrate this with the other calling applications like Skype, Zopier etc. The application also allows user to save notes and status in the application, with the data being stored in the customer device. The user can use the short messaging service or message through apps like whatsapp or email for sending any communication with the customer. It is free to use upto 100 contacts and is chargeable after that basis the tariff shown at the time of payment.
The Product “GoDial Enterprise” is available in the application and website format and can be accessed through Google “play store”, Apple “App store” and website. The applicant creates a login to start using our service. The enterprise service is free for 4 (Four) days and chargeable thereafter based on the tariff shown at the time of payment.
Following are the privileges available to the GoDial Enterprise customers for their respective enterprises
All the data for the enterprise including accounts, calls logs, lists and contacts can be deleted at the will of the enterprise and/or its admin
Complete data of the enterprise is available to members based on their privileges, set up by the enterprise. The roles available in the application/software are Manager, Team Manager, Sub manager and Agent.
The privileges based on role are :
Manager – It has all the admin privileges.
Team manager/sub-Manager – They are allowed to have admin privileges for their teams. Optionally, they can have edit rights for the permission to CRM and Updating user.
Agent – They can only login via the app, if CRM access is allowed by the designated person then they can add/modify data to their lists.
Rectification – Any data can be edited by creator itself/Manager
Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download the application to your device. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
The information you provide on the Registration page must be complete and accurate. We reserve the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or Governmental request.
By registering to our application or website you give us your explicit consent to call/message/email you all the marketing or informational content related to us or any of our subsidiaries.
You are required to pay the fees appearing at the time of registration or renewal.
For GoDial Personal, all the payments are done ONLY through the platform i.e. Google Play Store and/or Apple App Store. All cancellation and refunds are to be processed ONLY through the platform i.e. Google Play Store and/or Apple App Store.
For GoDial Enterprise, Payments are to be done through the integrated platform(s) appearing at the time of payment. Any cancellation can be done by the user itself by opting this through the correct option under the settings console provided to the user. The refund under the enterprise product can be requested manually from your registered email address after giving justifiable reason, but at our sole discretion, after deducting intermediary and administrative charges and/or costs.
You shall not access or use the Application for any purpose other than that for which the application is made available to you. The Application shall not be used in connection with any commercial endeavors except those which are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
1. Make any unauthorized use of the Application, including but not limited to collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. Engage in unauthorized framing of or linking to the Application.
3. Attempt to impersonate another user or person or use the username of another user.
4. Use the application for any telemarketing, tele calling activity or any other activity which requires an approval or license from any governmental authority without taking such approval.
5. Use the application for any unlawful or illegal activity prohibited by any law in force in any country either in which the application is being used or in any country, where the client/customer/other side of the contact is based at or in the country of origin of the application and/or software.
6. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
7. Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Application and/or the Content contained therein.
8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
9. Make improper use of our support services or submit false reports of abuse or misconduct.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Application in order to harass, abuse, or harm another person.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
13. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
14. Delete the copyright or other proprietary rights notice from any Content.
16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
17. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
18. Use the Application in a manner inconsistent with any applicable laws or regulations in force.
As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You agree that any claim or dispute You may have against us must be resolved by a court having jurisdiction in Kolkata, India. You agree to submit to the personal jurisdiction of the courts located within Kolkata, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE LAST 3 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $ 100.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at: Mr. Avijit Sarkar, 70 MB Sarani, Kolkata 700040, WB, India.