These terms and conditions (“Terms”) govern the Services (as defined below) rendered to You (as defined below) by Capslock Marketplaces Private Limited (“VoiceClub”). By accessing this website (“VoiceClub Website”) and/or VoiceClub’s mobile application (“VoiceClub App”) (“VoiceClub Website” and “VoiceClub App” shall be collectively referred to as “Platforms” as the context may require), You signify that You have read, understood, and agree to be bound by these Terms. Your continued use of the Platforms shall be construed as Your acceptance of the Terms, as revised from time to time. Please check these Terms periodically for changes as all modifications are effective immediately upon publication on the Platforms. If You do not agree with these Terms, please do not access the Platforms. 

For the purposes of these Terms, “We”, “Our”, “Us” and “Company” shall mean VoiceClub, and “You”, “Your”, “Yourself” and “User” shall mean any natural or legal person who has agreed to avail the Services as a registered user. 

• SCOPE OF SERVICES

VoiceClub is engaged in the business of providing a social platform with the purpose of connecting people around the globe. VoiceClub aims to make available expert knowledge accessible to its Users by offering on-demand consultations (“Services”). 

• ELIGIBILITY 

1. By agreeing to these Terms, You hereby confirm that:

1. You have the legal capacity and authority to enter into this contract in compliance with these Terms  and all applicable local, state, national, and international laws, rules and regulations and such other documents, if required to be executed between You and VoiceClub;

1. You have not been previously terminated or suspended from using these Terms by VoiceClub for reasons attributable to You, as per these Terms;

1. You have not been convicted or are subject to any court order relating to assault, violence, sexual misconduct or harassment in any form. 

• REGISTRATION

1. To avail the Services You shall be required to register Yourself on the VoiceClub  App, which can be downloaded from this website, Google Play Store or the Apple App Store, by authenticating Yourself through Your phone number, through WhatsApp or through True Caller After completion of the registration process, You will be required to create an account (“Account”) wherein You are required to enter Your name as a pre-requisite to complete the Account creation process. 

1. Upon the completion of the registration process and creation of Your Account, You will be able to access the Services and the functionalities of the VoiceClub App, that VoiceClub may update from time to time, at its sole discretion. However, it is hereby clarified that VoiceClub shall not be responsible to the authenticity of the credentials used by You for the registration process. 

1. Upon creation of Your Account, You shall have an option to share information about Yourself (including but not limited to Your name, gender, date of birth, height, relationship status, religion, ethnicity and city of residence). However, this Information is not mandatory to register or create an Account. The information shared by You shall be visible to other users of the VoiceClub App and therefore, You shall share such information at your own discretion. We shall not be liable in any manner with respect to such information shared by You on the VoiceClub App (“User Information”). 

1. You are solely responsible for the activities carried out under Your Account and agree to notify us immediately if You suspect or become aware of any unauthorized use of Your Account. You also acknowledge that Your Account and User Information is personal to You and agree not to allow any unauthorized person to access the Service or any portion of it using Your User Information. VoiceClub shall not be liable for any loss that You may incur because of someone else using Your User Information and Account, either with or without Your knowledge.

• PROHIBITED USE 

1. You agree not to engage in any unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (c) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any content or by providing any misleading or false information in any manner; (d) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Platforms; (e) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; (f) engage in any other activity deemed by VoiceClub to be in conflict with the spirit or intent of these Terms; or (f) violate any applicable law.

1. In addition to the foregoing, You are also prohibited from engaging in any abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or any other inappropriate behavior with Our customer care team or any other employee/agent/partner/expert of VoiceClub. 

• SAFETY 

We currently do not conduct any criminal and/or other formal background checks of Our users and also do not attempt to verify the statements of Our users. You are solely responsible for taking all appropriate safety precautions in connection with the use of the Platforms and contacting other users. You accept that there are risks in interacting online or offline with other users, including but not limited to any form of interaction with other users and sharing information with such persons. We do not guarantee or verify the accuracy of information provided to You by other users. Any reliance on the provided information is at your own risk. All content and Services on the Platforms are provided on an “as is” and “as available” basis (please refer to Clause 9 of these Terms for further details). Any decisions or actions taken by You on the basis of the information provided on or via the Platforms are at Your sole discretion and risk and VoiceClub shall not be responsible for any such decisions or the consequences arising from any such decisions that You may take.

• REPRESENTATIONS, WARRANTIES AND COVENANTS

By consenting to these Terms and availing the Services, You hereby represent, warrant and undertake as follows:

1. You have the legal capacity and authority to avail the Services and provide Your consent to these Terms;

1. The information furnished by You to VoiceClub for creation of the Account and for availing the Services does not (a) contain false or misleading information, (b) infringe any intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, or (d) contain computer viruses, worms or other harmful files;

1. You shall not access or use the Services or Platforms to engage in any illegal, fraudulent, or other illicit activity; 

1. Upon request by VoiceClub, You shall promptly furnish VoiceClub with any documentation or other form of substantiation necessary to verify Your compliance with these Terms.

• PROPREITARY RIGHTS 

1. Subject to Clause 7.4, all of the content on the Platforms, including, without limitation, all of the images, illustrations, graphics, audio clips, video clips or text, reports generated, patents, copyrights, trademarks, service marks, trade names, written posts, comments, software and scripts and all the intellectual property related thereto (“Company Property”) is the sole and exclusive property of VoiceClub.

1. Except as explicitly provided herein, nothing in these Terms shall be deemed to create any transfer or assignment for any such intellectual property, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Property. Use of the Company Property for any purpose not expressly permitted by these Terms is strictly prohibited.

1. VoiceClub hereby grants You a non-exclusive, non-transferable, revocable license to use the VoiceClub App for Your personal use only. You shall not (i) modify, disassemble, decompile or reverse engineer the VoiceClub App; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the VoiceClub App to any third party for any reason whatsoever; (iii) make any copies of the VoiceClub App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the VoiceClub App, features that prevent or restrict use or copying of any content accessible through the VoiceClub App, or features that enforce limitations on use of the VoiceClub App; or (v) delete the copyright and other proprietary rights notices on the VoiceClub App.

1. All images, audio clips and any and all forms of digital content posted by other Users are proprietary to such Users with applicable proprietary rights therein. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You understand that You shall be solely responsible for any infringement claims that may arise as a result of you posting, distributing or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and shall indemnify VoiceClub for any direct or indirect loss that may arise in this regard. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Platforms in a way that constitutes any infringement of Your intellectual property rights, please provide us at [email protected] with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

1. A description of the intellectual property that You claim has been infringed;

1. A description of where the material that You claim is infringing is located on the VoiceClub App;

1. Your full name, address, telephone number, and email address;

1. A written statement by You that the use of Your intellectual property has not been authorized by You;

1. A statement by You that the above information in Your notice is accurate and that you are the owner of the intellectual property or authorized to act on behalf of such owner. 

• THIRD-PARTY LINKS AND SERVICES 

1. A portion of the Services rendered by VoiceClub to You may be sub-contracted to third-party service providers, including but not limited to the experts/consultants that You shall be communicating with for the purposes of availing the Services under these Terms (“Third Party Service Providers”). VoiceClub shall not be liable for the acts and omissions, including but not limited to the advices, discussions or counselling given by any Third Party Service Providers in any manner whatsoever. VoiceClub disclaims any and all liability, including any express or implied warranties, whether oral or written, for such third-party services. You acknowledge that no representation has been made by Us as to the fitness of the third-party services for Your intended purpose. It is hereby clarified that the relationship of the Third Party Service Providers and VoiceClub is on a principal to principal basis and nothing in these Terms shall be deemed to be construed as creating any other relationship, including but not limited to that of principal-agent, employer-employee or partnership. 

1. In addition to the foregoing, the Service may contain links to third-party materials that are not owned or controlled by VoiceClub. VoiceClub does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access a third-party website or service from the Service or share Your information on or through any third-party website or service, You do so at Your own risk, and You understand that these Terms and VoiceClub’s Privacy Policy do not apply to Your use of such sites. You expressly relieve VoiceClub from any and all liability arising from Your use of any third-party website, service, or content, including without limitation Your information submitted by other Users. 

• DISCLAIMER 

1. THE SERVICES BEING OFFERED BY VOICECLUB ARE ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. VOICECLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VOICECLUB DISCLAIMS ANY KNOWLEDGE OF, AND DOES NOT GUARANTEE: (A) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA OR CONTENT PROVIDED THROUGH THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; OR (D) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY VOICECLUB, ITS EMPLOYEES, EXPERTS, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY THE SERVICE RECIPIENT RELY ON ANY SUCH INFORMATION OR ADVICE.

1. VOICECLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY INLCUDING THE THIRD PARTY SERVICE PROVIDERS THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VOICECLUB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

• LIMITATION OF LIABILITY 

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOICECLUB, ITS AGENTS, DIRECTORS, EMPLOYEES, LICENSORS BE LIABLE FOR ANY KIND OF INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES. IN NO EVENT SHALL VOICECLUB’S CUMULATIVE LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED A SUM OF INR 5000 (INDIAN RUPEES FIVE THOUSAND ONLY). 

1. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, OR ANY OTHER BASIS, EVEN IF VOICECLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

• INDEMNITY 

You agree to defend, indemnify and hold harmless VoiceClub, its agents, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) Your violation of these Terms including the warranties set out in Clause 6; (ii) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) Your violation of any applicable law, rule or regulation; (iv) Your negligent or willful misconduct; or (v) Your access to and usage of third party services rendered by any Third Party Service Provider, in connection with the Services under these Terms.

• GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed according to the laws of India. The courts in Bangalore shall have exclusive jurisdiction over all matters relating to or arising out of these Terms. 

• GENERAL PROVISIONS

1. Consent to be contacted: You consent to be contacted by VoiceClub and/or its representatives for telemarketing communications, at any telephone number, or physical or electronic address You provide or at which you may be reached. You may revoke Your consent to the foregoing by contacting Us at [email protected]. 

1. Assignment: These Terms, and any rights and licenses granted hereunder may be assigned by VoiceClub without restriction, but shall not be transferred or assigned in any manner by You. Any attempted transfer or assignment in violation hereof shall be null and void.

1. Termination: (a) VoiceClub may, without prior notice, change the Service; stop providing the Service or features of the Service, to You; or create usage limits for the Service. VoiceClub may permanently terminate or suspend (as set out in Clause 13.4) access to the Services without notice and liability for any reason, including if, in VoiceClub’s sole determination, You violate any provision of these Terms; (b) You can delete your Account, which will result in a termination of these Terms. However, under any circumstances, purchases made on VoiceClub will not be refundable upon deletion of Your Account and consequent termination of these Terms for any reason whatsoever. Furthermore, You cannot re-activate Your Account upon deletion and will be required to re-register and re-create Your Account with VoiceClub. 

1. Suspension: Notwithstanding anything to the contrary in these Terms and without limiting any other right VoiceClub may have under these Terms, VoiceClub may temporarily suspend Your access to any portion or all of the Service if VoiceClub reasonably determines that (a) there is a threat or attack on any aspect of the Service or any server, system, IP address or network associated with a Service; (b) You have violated these Terms; (c) Your use of the Service disrupts or poses a security risk to VoiceClub, the Service or to any other user or associate/partner of VoiceClub; (d) You are using the Service for fraudulent or illegal activities; or (e) VoiceClub’s provision of the Service to You is prohibited by applicable law; (f) any associate/partner of VoiceClub has suspended or terminated VoiceClub’s access to, or use of any third-party services or products required to enable You to access the Service; (g) any other reason in the sole discretion of VoiceClub. VoiceClub shall not provide written notice of any Service suspension to the User, unless required by law.

1. Force Majeure. In no event will VoiceClub be liable to the User, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond VoiceClub’s reasonable control, including acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo (“Force Majeure Events”). Furthermore, in case any Force Majeure Event continues for more than a period of 30 (Thirty) days’, VoiceClub shall have the right to either terminate or suspend these Terms, without any refund, in its sole discretion. 

1. Entire Agreement: These Terms, together with any amendments and any additional agreements You may enter into with VoiceClub in connection with the Service, shall constitute the entire agreement between You and VoiceClub concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 

1. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and VoiceClub’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

1. Survival: Any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms shall survive and remain in effect in accordance with its terms upon the termination of these Terms.

1. Contact. If You have any questions or queries regarding these Terms or the Services, please contact Us at [email protected].