1.Your Agreement
This Term of Service is an agreement between grptalk a product of Telebu Communications LLP, which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries, successors and permitted assigns and any individual who is a user/browser/accessed to the Website and/or Application, (User), whether or not registered, of any of the services available on the grptalk Website and/or Application under the domain https://www.grptalk.com/.
By accessing and using or by browsing or by downloading grptalk Website and/or Application, the User is considered to have expressly and voluntarily consented to the policies and agrees with the following mentioned terms and conditions of grptalk, which are intended to work for every User. These terms of use are effective from the time the Users start using grptalk products and services. Through accepting these Terms of Use, the Users are also accepting and agreeing to be obligatory by the Privacy Policy of grptalk.
Please read these terms and conditions carefully. If any Users do not accept or agree with the stated Terms, then you must not access or use grptalk products and Services.
1.2. Products And Services Offered By grptalk
Telebu Communications LLP (formerly SMSCountry Networks) is engaged in providing a suite of communication products which include, but not limited to, grptalk, TelebuJoin, TelebuPing, SMSCountry; TelebuHub; TelebuPop, TelebuBlocks, TABIIB and WanasaTime.
grptalk is a mobile and web-based audio conferencing app that lets you connect 3-10,000+ people in 30 seconds. grptalk enables ‘instant conferencing’ and gives you complete control and visibility of the conference call. The app is available on Android, iOS, and Web.
grptalk Website and/or Application (the "Portal") is the property of Telebu Communications LLP (formerly SMSCountry Networks), registered under the laws of India, whose registered office is located at Hyderabad.
The Service is available through grptalk Website and Mobile Application, which may be freely downloaded on Google Play or the App Store, to all natural person over the age of the majority, who has subscribed with a Mobile telephony Operator and who wishes to use the Service, with the Website and/or Application, for his own needs, for a strictly personal and non-commercial use.
The User here mean and include any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, trust, unincorporated association, Hindu undivided family, joint venture, and organization similar to the foregoing, governmental authority or other entity of any nature whatsoever.
grptalk is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. grptalk will not be liable for any attempted emergency calls.
grptalk provides inexpensive call rates for Users’ audio conferencing needs through a callback or call outflow. Upon initiating a call from grptalk all the Participants will receive a callback from our servers. If your service provider charges you for incoming calls you will be responsible for those charges.
grptalk App is free to download and the User will get Complimentary minutes to test the Service. . The User only pays call out rates once the complimentary minutes are exhausted and the User agrees for a paid Service.
1. 3. Registration By User
- Downloading the grptalk App is free. To download and/or use the grptalk Services, the User must provide certain information to register his/her mobile phone or additional phones and devices. As part of account registration, the User will enter his/her name and mobile number.
- The User, on registration and successful completion of the registration formalities and/or payments, shall avail the use of the paid services on grptalk. Registration implies acceptance of the terms and conditions, additional terms and Privacy Policy as may be in force from time to time, which also includes the terms of payment as may be applicable at the relevant time or at any time thereafter.
- The User must acknowledge and agree that he/she is of legal age (at least 18 years of age) and are otherwise capable of forming a legally binding contract. Telebu does not allow children under the age of eighteen (18), though we are aware owing to the nature of our products and services, children under the age of thirteen (13) may access and use our application or website, with parental permission.
- The User must acknowledge and agree to provide grptalk with accurate, up to date, and complete information.
- The User must declare and agree that (i) all the information (including personal information) provided by the User during Registration is true, genuine and accurate and that the User shall ensure that all such information is current, complete, and true at all times; (ii) the User must maintain and update the User’s registration data, in order to keep such data current, complete and true (iii) the User represents that he/she is of legal age (if the User is an individual) and has the requisite legal standing to form a binding contract with grptalk and is not a person barred from receiving Services under the laws of India or other applicable jurisdiction.
- The registered users must acknowledge and agree that they have an ongoing duty to update their personal information if and when it changes.
- The registered users must acknowledge and agree to keep their accounts and devices secure from unauthorized access.
- The registered users must acknowledge and agree and they are solely responsible for their accounts and devices, and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized.
- The User is solely responsible for any charges to his/her account until grptalk is terminated or suspend the User account.
- grptalk does not endorse or discriminate based upon any information provided by you. All personal information provided (like Name/Mobile no/Email id/Address by the User in order to complete the Registration shall be treated in accordance with the Privacy Policy as may be applicable from time to time.
- By creating an account, you agree that grptalk, and our designees and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.
- grptalk reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.
- The User must acknowledge and agree that grptalk provides software and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise.
- grptalk makes no representations or warranties as to the truth or falsity of any information submitted to the Website and/or App or provided by grptalk or any user of the Website and/or App, or the legality, quality, or safety of the services offered through the Website and/or App.
- grptalk may establish and modify, in its own discretion, at any time and without prior notice, practices and limits concerning use of the Website and/or App, including, without limitation, limits on the amount of time data is retained, limits on amount of data that may be submitted to the Services, limits on the length of calls placed using the Services, limits on the number of times a user may access the Website and/or App.
- grptalk reserves the right to log off and/or delete accounts that are inactive for an extended period of time.
- If the User has installed the grptalk App on his/her device, the User must acknowledge and agree that grptalk may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the grptalk App directly on your device without your prior permission.
- The User must agree to notify grptalk immediately of any known or suspected unauthorized access to or use of the User’s Account, or any other breach of security or misuse of the grptalk known to or suspected by the User and that grptalk is not responsible for fraud of any person or of other Users of the User’s Account.
- The grptalk App is free to download, but grptalk reserves the right to charge a fee to download and/or use the grptalk App and any part thereof in the future.
1. 4. Responsibilities of the User
The User must acknowledge & agree that:
The Services provided by grptalk is subjected to guidelines and/or directions issued by Telecom Regulatory Authority of India (TRAI), Department of Telecommunications (DOT) or any other statutory authority from time to time. The User of grptalk shall solely be responsible for ensuring all compliances with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2010 (referred as TRAI Regulations) as well as any and all other regulations, statutes, orders, decisions or law in force from time to time which may be applicable to the use of any of the Services.
grptalk reserve the right, at their sole discretion, to modify these Terms of service or any part thereof without prior notice to You, if so required in view of business exigencies and/or guidelines issued / amended by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on the participating Subscribers and/or Users availing grptalk services.
If grptalk modify these Terms, the modified terms will be posted on www.grptalk.com (“Website”), and Application. You are therefore advised to check this Website regularly for any updates or amendments) made to these Terms of Use and in the event the modified or amended Terms of Use are not acceptable to You, You should discontinue participating in the Service. Your continued participation and using of our Services will constitute your acceptance of the latest revised Terms of Use.
grptalk reserves the right to extend, cancel, discontinue, suspend or prematurely withdraw the services at any time during its validity as may be required in view of business exigencies and/or changes by TRAI, Department of Telecom (DOT) and/or statutory changes without any notice to You and the same shall be binding on the participating Subscribers availing our Service.
1.5. General Terms Of Usage By The Users
The users must acknowledge and accept that;
- grptalk reserves the right to restrict access to, suspend, disable, or delete User account at any time, in its sole discretion, and without prior warning.
- Further, grptalk reserves the right to remove or cancel any of the Content or prevent the distribution of any Content, without notice and without being obliged to provide any explanation for the same.
- The User authorizes grptalk to rely on any data, notice, instruction or request furnished by the User to grptalk, or that grptalk reasonably believes to have been furnished by such User.
- grptalk acts merely as a facilitator relating to the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service provided by the Users.
- grptalk reserves the right to refuse, deny or otherwise restrict the use of the Services by any User, which includes the right to terminate the use of any Services by any User without notice at any time for any reason as grptalk in its sole discretion might deem sufficient, or without reason. grptalk shall not be liable in any manner whatsoever for such refusal, restriction or termination of the use of any Services by a User at any time.
- Unless otherwise indicated, any modification of the Services which alter the way in which the grptalk Products and Services could be used and/or the launch of new grptalk Products and Services shall be subject to, and therefore regulated by the Terms of Use and other relevant Service Agreements.
- The User is solely responsible for his/her access to and use of grptalk, and any and/or all of the Products and Services of, is at the User’s own risk.
- grptalk Products and Services is dependent on internet connection of the User and mobile network providers and grptalk makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Mobile network, or Internet Service Provider of the User.
- grptalk does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Products, Services and materials contained on the Website and/or App for any purpose. All such information, Software, Products, Services and materials are provided “as is” without warranty of any kind. grptalk hereby disclaims all representations, warranties and conditions, express or implied, with regard to this information, Software, Products, Services or materials, which includes all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- The User shall solely be liable, directly or indirectly, for all damage or loss caused or alleged to be caused to grptalk, by or in connection with any misuse of the Products or Services provided by the grptalk with respect to pushing any unsolicited commercial communications to subscribers and for any and all other violations of the provisions of the related Law of the Republic of India.
- All the Users shall accordingly defend, indemnify and hold grptalk harmless and agrees to continue to keep indemnified grptalk, its affiliates, directors, officers, employees etc. without any objections or protest, against any/all losses, damages, actions, proceedings which includes but not limited to legal expenses with respect to violation of these Terms of services, or any third-party’s rights, (which includes, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights) and also in respect to any action taken by any regulatory body or the Operator or any third party with respect to the misuse of the Products and/or Services availed from the Company including but not limited to, for the breach of Law or for any other reason whatsoever.
- All these obligations are binding on the User during the entire term of the use of any and/or all of the grptalk Products and Services and shall survive any termination of the User’s relationship with grptalk, or access and use of the Website and/or App.
- grptalk does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Website and/or App.
- All the Users must accept and agree that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent grptalk’s opinions. Any person, who believes that any Content stored and/or published on the grptalk Website and/or App or distributed through the grptalk Website and/or App by any User infringes any law, is kindly requested to contact grptalk customer service.
- All software utilized in connection with the grptalk Products and Services is owned by Telebu Communications LLP (formerly SMSCountry Networks) and is protected by the applicable Intellectual Property Laws of India and laws of any other jurisdiction in which such Software is used as may be in force from time to time.
- The User must not directly or indirectly, copy, modify, create derivative works, and in any way try to discover the source codes of the grptalk Software, sell license or transfer to the third parties any right on the grptalk Software.
- The User shall not have any rights over the grptalk Software in any manner.
- The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Software, products, services or benefits obtained from the Website and/or App, except as expressly provided herein.
- The User must not reproduce or redistribute any grptalk Software and that the User shall not copy or reproduce the grptalk Software to any other server or location for further reproduction or redistribution.
- The User must not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the grptalk Website and/or App or in any Product, Service or Software provided through the grptalk Website and/or App.
- The right to use any grptalk Products and Services is limited only to the User.
- Where the User is a Company, such right shall include its employees, provided that any contraventions by the employees of such Company of the provisions of the Terms of Service or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the Terms of Service and/or any Service Agreements, the Company shall be liable to grptalk for all such contraventions.
- The User must not use a name in connection with using any of the grptalk Products and Services that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to its identity.
- The User shall not restrict or inhibit any other User from using and enjoying such other User’s rights in the grptalk Website and/or App or in respect to any Products and Services and must not interfere with or disrupt the Website and/or App or servers or any network connected to the Website and/or App.,
The User shall NOT in connection with the grptalk Website and/or App:
- intercept or monitor, damage or modify any communication which is not intended for you;
- use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble grptalk’s Software, Products, Services, communication or protocols;
- send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use grptalk’s Software, Products, Services, for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
- expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
- use the grptalk Software, Products, Services, to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
- use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
- collect or harvest any personally identifiable information, including Name/Mobile no/Email id/Address, from the grptalk’s Software, Products, and Services;
- impact or attempt to impact the availability of the grptalk Software, Products and Services, for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
- use or launch any automated system, including without limitation, robots, spiders or offline readers that access the formerly grptalk’s Software, Products and Services.
- Notwithstanding the foregoing, you agree that grptalk grants to the operators of public search engines permission to use spiders to copy materials from the grptalk Website and/or App for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. grptalk reserves the right to revoke these exceptions at any time.
Every User in grptalk must acknowledge and agree towards not:
- transmitting, posting, distributing, storing or destroying any material, which includes without limitation, grptalk content that violates any applicable law or regulation, which includes but not limited to laws or regulations governing the collection, processing, or transfer of personal information;
- infringes the copyright, trademark, trade secret or other intellectual property rights of others or infringe the privacy, publicity or other personal rights of others; or
- being defamatory, obscene, threatening, abusive or hateful.
- aggregating, copying or duplicating in whatever manner any of the Content(s) or information(s) or Product(s) or Service(s) available from grptalk Website and/or App;
- decompiling, reverse engineering, or disassembling the software or attempting to do so;
- posting any content or material that endorses or authorizes deceitful or misleading information or unlawful activities, or authorizes or endorses instructional information about unlawful activities or other activities prohibited through these Terms and Conditions, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses like trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or pirating media;
- taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers;
- posting content that comprises of restricted or password accessing pages, or hidden pages or images;
- sending unsolicited emails, making unsolicited calls or sending unsolicited SMS promoting/advertising their products or services to any Users by using our Platform
- promoting or endorsing an unlawful or unauthorized copy of any person(s) copyrighted work;
- using grptalk’s Products and/or Services for any illegal motive or any unlawful activities, or posting or submitting any material that is as per law is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person(s) or contain any links to pornographic, indecent or sexually explicit material of any kind, as determined by grptalk’s discretion.
- software, content, or other material that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
- sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause grptalk to violate any law, statute or regulation; or any other illegal activity;
- harm minors in any way, or engage in activities or submitting Materials that could be harmful to minors;
- Violating any law for in force at that time
- Deceiving or misleading the Users or communicates any information which is completely offensive or threatening in nature;
- Impersonating another individual;
- Threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes provocation to the commission of any cognizable offence or prevents investigation of any wrongdoing or is insulting any other nation.
- Shall not make any negative, denigrating or defamatory statement or comment about grptalk or the brand name or domain name used by grptalk which includes the terms Telebu, or otherwise engage in any behavior or activities that might tarnish the image or status, of grptalk or otherwise tarnish or dilute any grptalk trade or service marks, trade name and/or goodwill linked with such trade or service marks, trade name as may be owned or used by grptalk.
- grptalk have all the rights in the direction of taking necessary actions and claim damages and losses that may occur by reason of the Users involvement and/or participation in any way on Users own or through group of individuals, intentionally or unintentionally, voluntarily or involuntarily in DoS/DDoS (Distributed Denial of Services).
- If grptalk receives such complaints, it will disable the account of that particular individual and would cooperate with the prevailing law enforcement authorities in prosecuting that particular User who is involved in such illegal activities.
- The Services are provided by grptalk to the Users are without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by grptalk to the User, shall imply any warranty from grptalk. grptalk cannot be held responsible for any harm coming from the inability to access or use any of the Services, or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services.
- The User shall solely be responsible to keep a copy of the Content. grptalk declines any responsibility whatsoever for any harm coming from the inability to access the Services, viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim whatsoever of a similar nature.
- grptalk reserves the right to modify any and/or all the Services at any time, even without notice to the User.
- grptalk may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether.
- The User may at any time be barred from accessing any of the grptalk Products and Services or from using the Website and/or App or from receiving any services or benefits from the Website and/or App, if grptalk determines the User to have violated the Terms of Service or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if grptalk receives a court order or other legal action relating to the User Account.
- The User must agree that, if the User violates any of these Terms and Conditions or any applicable Service Agreement the User shall forfeit all the access accrued to the User in connection with the Website and/or App and there will be no refund of any fees prepaid by the User to grptalk
- The links (if any) within the grptalk Website and/or App may let the User leave the Site and that the linked sites are not under the control of grptalk and that grptalk is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.
- grptalk shall not in any event be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the Website and/or App or any of the Products and Services, or with the delay or inability to use the Website and/or App or any Products and Service and related graphics obtained through the Website and/or App; or otherwise arising out of the use of the Website and/or App, whether based on contract, tort, negligence, strict liability or otherwise, even if grptalk or any of its suppliers has been advised of the possibility of damages.
- If the User is dissatisfied with any portion of the grptalk products and services, or with any of the Terms of Service or any other Service Agreement, the User’s sole and exclusive remedy is to discontinue using the grptalk Website and App and its related Services. It is clarified that in the event of such discontinuation, the User shall not be entitled to receive any refund of monies paid by such User to grptalk or make any other claims whatsoever against grptalk.
- The User must confirm and declare that the Services are being availed by the User for itself and the User is not an intermediary acting for and on behalf of a third party.
- grptalk reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
- The User must agree to receive promotional, transactional and commercial communications from grptalk through email or SMS.
1.6. USER CONTENT
The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on grptalk Website and/App or published and/or distributed through this Website and/App by such User and grptalk shall have no responsibility or liability whatsoever in respect of such Content.
grptalk reserves the right, but is not obligated, to monitor or to review the Content of the User and to monitor User’s compliance with the Terms and Conditions.
grptalk reserves the right in its sole discretion to edit, refuse to post or remove any Content which, in the opinion of grptalk violates the Terms and Conditions or that grptalk for any other reason might deem unfit or improper to be used on the Website and/or App, at any time without notice to the User.
The User must represent and warrants that all Content uploaded or distributed/transmitted through the grptalk Website and/or App by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content.
grptalk shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content.
The User must indemnify and continue to hold indemnified grptalk against any claims of any nature whatsoever in respect of the ownership and use of all such Content.
All Content uploaded or otherwise used on grptalk website and/or App must conform to the content rules, if any, provided by grptalk from time to time.
grptalk does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which could be found on its platform or transmitted through the platform.
grptalk shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
2. PAYMENT TERMS
The User must acknowledge and agree that;
- grptalk reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by grptalk from time to time.
- grptalk shall have no obligation to justify the amount charged for any Service or be responsible or liable in any manner whatsoever to the User in respect of such charged amount.
- The User shall pay the amount charged for all Products and Services by means of the payment mode as mutually agreed for availing Products and Services. The User shall pay the charged amount in advance for the use of any Services as agreed in the Service Agreement.
- grptalk shall not under any circumstances, be liable to refund or otherwise return any money paid by a User for use of the Products and Services, except as specifically provided in these Terms and Conditions.
- grptalk calling rates and charges are provided within the App and are incorporated into this Agreement by reference.
- The rates and charges depend on several factors, including, but not limited to, location and type of destination phone number, the user’s location and the type of phone or device used to make the call, whether and what type of base or add-on phone plan the user registered for, and any current promotions that may be available.
- The User must acknowledge and agree that the User will pay any additional charges you incur if you connect to the services through a phone number provided by grptalk while you are in a country that is not the same country associated with your network or mobile phone provider (“Roaming Charges”). Roaming Charges will be charged in addition to any charges you may incur when using the App from another country.
- The User is solely responsible for checking all applicable rates and charges prior to placing a call with the App.
- grptalk may change the billing period or the rates and charges at any time by posting changes on the website and/or application. Any change that is required by law or governmental authority will be effective immediately.
- Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. The timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when grptalk receives a signal that the call has terminated from the terminating carrier.
- All calls are pre-paid. The User may add to his/her account balance at any time on the Website or through the App.
- When a call is charged against the user account, grptalk will charge against available balance purchased by the User.
- The User must acknowledge and agree to pay all applicable taxes, fees and other charges that grptalk bill for the Services.
- The User must acknowledge and agree to pay for the Services at the rates and charges listed on Website and/or App.
- The User must acknowledge and agree that calls in progress may be terminated if the account balance of the User is insufficient to cover the cost of continuing the call.
- The User must acknowledge and agree that you will notify grptalk of any changes to your payment information, including card expiration dates.
- The User must acknowledge and agree that if for any reason your account balance becomes negative, you hereby authorize grptalk to charge the negative account balance to any credit or debit card on file with your account without any additional confirmation.
- grptalk reserve the right to retain any payment information and to charge any card or other payment information for any outstanding amounts on your account so long as your account remains active and for a reasonable period after an account is terminated.
- All payments must be made in the currency as mutually agreed in the Service Agreement.
- The User is solely responsible for reviewing his/her billing information.
- If the User believes that grptalk has charged your account in error, you agree to notify grptalk of any disputed charges within ninety (90) days after the date the alleged error appears in your account history, in writing in English via email to: hello@grptalk.com
- If grptalk determines that a billing adjustment is appropriate, then grptalk will credit your account.
- If the user fails to notify grptalk timely of a billing dispute, the User must acknowledge and agree that you hereby waive all rights to bring any claim regarding a charge to your account.
- Amounts used are nonrefundable. The user must acknowledge and agree that if grptalk discontinues the services while your account is active, grptalk is not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
- Prepaid amounts the User purchase will remain credited to your account and will not expire so long as your account remains active.
- If the account of the User expires, the User must acknowledge and agree that grptalk is not obligated to refund to you any prepaid amounts purchased by you.
- grptalk operates a fair usage policy (FUP). It is important to grptalk that all the grptalk users are able to access our Services. grptalk has developed a threshold for the Services and the related tariffs by reference to average customer profiles and estimated customer usage of the Services (particularly the estimated volume and length of calls likely to be made and data used by end-users) (the “Threshold”).
- It is the absolute discretion of grptalk, that grptalk is of the opinion, that your usage of the Services materially exceeds the Threshold over any period (to be determined at grptalk’s sole discretion), grptalk reserves the right to charge you for the excessive element of your usage at your price plan's standard rate or to suspend, at its absolute discretion, modify or restrict your use of the Services or to withdraw your access to the Services entirely.
- grptalk may offer “unlimited plans” for some of our services, “unlimited” should not be construed to mean “any”. The services are NOT designed or intended for unreasonable use such as:
- use of devices to reroute calls,
- resale of any service from our network,
- for bridging conference calls,
- for service to link two or more communications devices together for the purposes of providing a permanent or semi-permanent circuit
- voice services other than person to person voice communication
- Unreasonable use is deemed abuse and in some instances fraudulent use.
- Users of the services share some common infrastructure, communication links, and other network resources. This fair usage policy is meant to protect the available network resources capable of delivering a service for those who mean to use it as it is intended. In the context of the unlimited plans, the services are there to be used by all the grptalk subscribers of the plan. However, those who abuse it to the extent that it affects the ability of others use the services are in breach of fair usage and provisions of the policy would come into effect to restrict such users.
- grptalk has the right to block or terminate the account of any Users if any prohibitive or offensive content/material is found or notified by any Users.
- From time to time, grptalk shall include additional features and services to its website and/or app at its sole discretion and without any compulsion in order to inform any Users.
- grptalk is not accountable for any authenticity of the content or material sent by the Users.
- grptalk is not legally responsible for any expenses, any direct or indirect loss or damage, or for loss of revenue, loss of profits or any consequential loss of any kind on account of the Users using the service of grptalk.
- All the Users shall accordingly indemnify grptalk, against any third party claims concerning to the content of the Users or due to act, negligence or omission performed by the Users.
- you have all necessary authority, rights and permissions to submit the Materials/Contents and grant the licenses described in these Terms of Service,
- the Materials/Contents are accurate, current and complete,
- the Materials/Contents and your use of the Products and Services shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights,
- the Materials/Contents and your use of the Products and Services shall not violate any applicable law or regulation or cause injury to any person;
- your use of grptalk Products and Services shall not violate any agreements between you and a third party.
- You agree to indemnify, defend and hold harmless grptalk and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to:
- the Materials/Contents you provide or approve for publication,
- your use of grptalk Products and Services,
- your breach of these Terms of Service, or
- any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
- No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged.
- This Agreement is solely between grptalk and the User and will not confer any rights or remedies upon any third party, including third-party beneficiaries.
- A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
- The User and grptalk must acknowledge and agree that any cause of action arising out of or in connection with this agreement or the services provided under this agreement must commence within one year after the cause of action accrued.
- Failure to assert said cause of action within one year will permanently bar any and all relief.
- The User will only be permitted to pursue claims against grptalk on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and the User will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- The failure of or delay by either party to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other breach of this Agreement.
- No waiver shall be effective unless in writing and signed by the party to be bound.
- These Terms shall remain in effect and applicable while you are a User of grptalk.
- grptalk has the right, at its sole discretion, to pursue all of its legal remedies, which includes but not restricted to removal of the User Content/account from grptalk and immediate termination of Users registration with or block access to use grptalk and our services provided to the Users, upon any breach by Users of these Terms and Conditions.
- The User may choose to close his/her account by notifying us by email at hello@grptalk.com. grptalk will then terminate your account and you will lose access to your account.
- The User must acknowledge and agree that you will not be entitled to a refund of any unused prepaid balance in your account as of the date you terminate your account.
- The User must acknowledge and agree that you will remain responsible for payment of all charges for Services up through termination.
- If your account balance is depleted and you do not replenish your account balance within 6 months, grptalk may elect, in our sole discretion, to terminate your account.
- If your account remains inactive for 12 months, grptalk may elect, at our sole discretion, to terminate your account.
- If you wish to keep your account active, you may request an extension of this expiration period by notifying grptalk by email at hello@grptalk.com.
- grptalk may, at our sole discretion, grant an extension request.
- grptalk is not obligated to provide an extension nor is grptalk obligated to refund any prepaid balance remaining in your account if your account terminates.
- grptalk may charge, at our sole discretion, a reactivation fee to reactivate a terminated account or to keep an account from expiring.
- grptalk reserve the right, at our sole discretion and for any reason, including, but not limited to, your breach of this Agreement or your unlawful use of the Services, to suspend, restrict, modify or terminate your account and your access to and use of the Services.
- If your account is suspended, restricted, modified, or terminated, you understand and agree that you are still responsible for any charges that accrue through the date that grptalk fully process any such suspension, restriction, modification or termination.
- The Users must agree to reimburse grptalk for any reasonable costs incurred in collecting charges owed to grptalk, including attorneys’ fees.
- grptalk also reserves the right, at our sole discretion and for any reason, to suspend, modify, restrict, or discontinue the Services at any time.
- grptalk do not inherently rent, sell, or share our Users personal information with any other people except to provide products or services that our Users requested, or is with relation to the general business practices of our services and when we have Users consent.
- The terms of use by grptalk can be periodically updated, changed or modified at any time at its sole discretion. The updated, changed or modified policy will come to effect from the date of such updated, changed or modified policy and shall be notified the Users through emails and messages and will be updated on the website and application.
- The terms and conditions can be changed by grptalk at any time at its sole discretion and without any compulsion in order to inform the Users of the said changes before making the changes.
- grptalk is free to offer their services to any client or potential client without any restriction.
- grptalk work effortlessly and continuously to keep its website and application up and running smoothly. However, grptalk takes no responsibility and accountability for, and shall not be liable for, the website and application being temporarily unavailable because of any technical issues beyond our control.
2.1. Our Fair Usage Policy For Our Unlimited Packages
3. grptalk’s LIABILITY
4. Feedback And Support
grptalk encourages its users to submit comments, suggestions, error reports, or support inquiries to grptalk using the feedback function of the App or using the website. You acknowledge and agree that any feedback submitted to grptalk, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of grptalk. You agree to assign all right and title in or to any and all feedback that you submit to grptalk and execute any and all documents necessary to assign your rights to any and all feedback to grptalk upon request, including but not limited to any documents necessary to perfect grptalk’s rights in and to intellectual property or proprietary rights.
5. Use Of Third-party Services
As a part of our Service, grptalk may offer links to websites or applications operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. grptalk does not operate or control in any way any information, software, products or services available on such websites or applications. Our inclusion of a link to a website or application does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
grptalk’s Products and Services may be integrated with services provided by third parties as part of the functionality of the Service. The User must acknowledge and understand that we do not have control over third parties and that such third parties are not agents of grptalk. As such, we make no guarantees about and assume no responsibility for, the information or services provided by third parties. The User must acknowledge and agree that grptalk makes no representation or warranty about and does not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not liable for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. The User must contact the third party with any questions relating to their products and services. grptalk hereby disclaims and you hereby discharge, waive and release grptalk and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
5.1. grptalk Does Not Endorse Any Product Or Service
grptalk may allow advertisers to display advertisements within our Services. However, grptalk does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed through the Website and/or App do not necessarily state or reflect those of grptalk and are not intended to be used for advertising or product endorsement purposes.
6. Intellectual Property
All products (including grptalk) developed in whole or in part by Telebu Communications LLP (formerly SMSCountry Networks). grptalk exclusively owns all right, title and interest in and to the Website and/or App and the Products and Service it offers, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the Website and/or App or the Products and Service without express written consent from grptalk.
7. REPRESENTATIONS AND WARRANTIES
You (Users) hereby represent and warrant that:
7.1. Applicable Law
The Terms of Use shall be governed by and interpreted and construed with the laws of India. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Hyderabad, India, for the adjudication of any dispute hereunder or in connection herewith.
7.2. Dispute Resolution
The Users must acknowledge and agree that the grptalk does not give rise to personal jurisdiction over grptalk in jurisdictions other than India, except where otherwise agreed.
The Users and grptalk must acknowledge and agree that in an effort to resolve any dispute that may arise under this Agreement or in connection with the Services; the parties will make a good faith effort to resolve any dispute by discussion prior to referring any matter to arbitration. If the parties are unable to resolve any dispute through discussion prior to arbitration within fifteen (15) days of commencing discussions, the dispute shall be referred to arbitration.
grptalk may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE grptalk FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN.
7.3. Severability
Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to grptalk. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
7.4. Indemnity
The Users shall indemnify and hold grptalk, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and its respective officers, directors, agents, and employees harmless from any and all claim, liabilities, demand or damages, or actions which includes reasonable attorneys' payments, made by any third party or fine imposed because of or arising out of the Users breach of this Terms of Use, Privacy Policy and other Policies, or Users violation of any law, rules or regulations or the rights (which includes infringement of intellectual property rights of a third party.
7.5. LIMITATION OF LIABILITY
grptalk is not legally responsible for any special, incidental, indirect or consequential damages of any kind with regard to these terms of use, even if Users had informed beforehand of the possibility of such damages. If grptalk is implicated in any legal proceedings, expenses shall be recovered from the individual or organization that names grptalk. grptalk, however, shall obey with any court order served on it through due process.
7.6. Assignment
The Users are expressly prohibited from assigning your rights or obligations under this Agreement without grptalk prior written consent. grptalk may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the grptalk business or in a sale of the App.
7.7. Integration
This Agreement together with the list of rates and charges on the Website and the Privacy Policy, which are incorporated into this Agreement, constitutes the entire agreement between the parties relating to the subject matter of this Agreement and hereby supersedes all prior agreements, statements, or representations. This Agreement may only be modified by a writing signed by both parties or by grptalk alone, who reserves the right to alter this Agreement and will notify you of any alterations so as to allow you to stop using the Services if you do not agree to the alterations. Your use of Services after any alteration signifies your acceptance of the terms and conditions of this Agreement and you are bound by them.