Terms of Usage for Guftgu App

Montray Digital Private. Limited, its employees, agents, subsidiaries and other appointed persons on it’s behalf (MDPL) offer Guftgu, a connective and interactive, mobile based platform (App/Intermediary) including but not limited to other Apps/Websites and ancillary services to it’s users (You), subject to the following Terms and Conditions (T&Cs) and Privacy Policy.

1. PURPOSE: Guftgu, as a third party facilitator, connects You to the on board Consultants, having respective expertise in varied practice areas, identified and enlisted as Categories, within the App for Your optimum comfort and satisfaction. Guftgu provides it’s services on As Is basis and does not, in any manner, render any Consultancy on it’s own or solicit business or refer/offer any specific Consultant, directly or indirectly. You on your own volition based upon Your requirement, choose and connect to the Consultant You wish to.

2. CATEGORIES: The Categories presently available on the App are Astrology, Legal, Taxation for the time being through in App telephonic/chat based consultations, and promises to enhance it’s service area as per Your requests and requirements. You can download Guftgu free of cost and pay only for the Consultancy opted for, at the applicable rates.

3. EILIGIBLITY: You agree to:

a. be 18 years of age, who can execute legally binding contracts under Indian Contract Act, 1872.

b. provide truthful, complete, and accurate information about Yourself as prompted by the App.

c. maintain and update the information as required and submitted by You in order to maintain it’s accuracy at all times.

d. create your account/register through Your mobile number and password (OTP), or other verified log-in ID and password which can include a facebook, gmail or any other existing and valid email ID.

e. use Guftgu Services only through your individual registered account with the App.

f. be fully and individually responsible for protecting the confidentiality of Your passwords and other information (Privileged Information) and will at all times be responsible for all activities in Your account.

g. immediately notify Guftgu as soon as You become aware of any unauthorized use of Your Account(s) or breach of any security.

h. diligently log out from Your account at the end of Your session.

i. be cautious to add only as much money to Your account/wallet as You may find requisite to avail desired Consultancy, from the Category of Your choice.

j. be prepared and prompt with your queries in advance to avoid any extra time in explaining Your issue/s for which You are seeking Consultancy.

k. be diligent about your money and time spent through the App so as to optimise your recourses to the fullest.

4. After registering for Guftgu Services, You will become the Member of the App. You as a Member, at all times undertake, agree and be responsible and bound to:

a. be aware and updated of the Terms of Usage, which Guftgu may update/amend/modify from time to time,

b. to keep abreast with the best prevailing practices and be compliant with the applicable laws, rules and regulations;

c. the terms and unconditionally & expressly consent to Guftgu’s Terms of Usage by clicking on the “I AGREE” button.

d. in continuance of Your Usage, shall represent your continued acceptance of the Terms of Usage, irrespective of the amendments made herein, from time to time.

5. INSTA CONNECT: You agree that the uniqueness of Guftgu is to provide instant connectivity/Consultancy with the Consultants listed on the App. By agreeing to the present Terms of Usage, You also grant your explicit and unconditional consent to Guftgu to manage/arrange such in App call. The call routed through VoIP is however subject to the service range, location and connectivity of the respective telecom service provider, which is beyond the control of Guftgu. You further agree to call your desired Consultant as soon as you get the Green signal of Consultant’s availability.

6. APP CONTENT/LAYOUT: You are the main source of Content on Guftgu. Your queries prompt desired answers from the Consultants listed on the App. Guftgu aggregates/arranges/manages the Consultants as per the Categories enlisted, developed and arranged by Guftgu which along with it’s distinctive Trademarks, Trade names, Logos, Brands, Colours, Positioning, Styles etc., form the integral part of the Intellectual and Proprietary information belonging exclusively to MDPL, whether registered or not.

a. Your choice of the Consultant is exclusively Yours. Guftgu simply acts as a facilitator and provider of the interactive platform on the App, to get the User/Consultants together for the ease of availability, approachability, connectivity and interactivity for mutual benefits. You understand, that as in normal course, You meet and connect with certain professional Consultants and decide upon who to engage with, Guftgu, in keeping with the same theme intends to replicate the same experience for You and the Consultant. The Consultants on Guftgu network are arranged by their work experience in their respective fields, as per their representations, agreed rates for their Consultancy, as provided under available Categories.

b. Guftgu reserves the right to change or discontinue any aspect or feature of the App. including, but not limited to, it’s User Interface, layout, graphics, deals, offers, settings, etc. at any time.

c. Your optimum comfort and satisfaction being the paramount goal of Guftgu. Guftgu brings to You multiple Consultant options which You are free to try, from the convenience of your mobile phone.

d. You shall not post or transmit any content which violates or infringes, in any way, upon the rights of others, or any material which is offensive, unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, or in any manner encourages conduct that may constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

e. Guftgu in normal circumstances does not play any obtrusive role in between the Users on one hand and the Consultants on the other. However, if any untoward uncalled-for happening, occurs by/between any of it’s members, Guftgu reserves it’s unfettered rights to immediately perform it’s necessary legal and moral obligation to:

a. remove such content, material, information, User, Consultant as the case be, from the App.

b. provide the requisite content, material, information about the User / Consultant as requested/directed by the law enforcement agencies/courts, pursuant to the applicable laws, rules and regulations.

7. USER ACCOUNT ACCESS: Guftgu has access to the information provided by You while creating Your account, which is used by Guftgu for ensuring and maintaining the high-quality services provided through the App and to address Your specific queries. You unequivocally consent for the unconditional access of the information by Guftgu. Guftgu generally is not privy to Your Privileged Information such as details relating to debit card/credit card, OTPs generated through Third Party App/s in partnership with Guftgu. You further agree and understand that information transmitted over the internet may be susceptible to misuse, hacking, theft and/or fraud, which are beyond the control of Guftgu. You further agree, acknowledge and understand that Guftgu shall at no time be liable for any untoward dissemination of such information beyond the control of Guftgu.

8. PRIVACY POLICY: You agree and acknowledge that You have gone through the terms and contents of the Privacy Policy and the same are acceptable to You, inclusive of any update/alteration/change made from time to time.

9. GUFTGU (APP) PROCESS: Guftgu in order to bring the Consultants on board requires the details of the Consultants, as professionally allowed as per specific applicable rules and regulations. Say in case of Advocates:

Rule 36 under Section IV, of the Bar Council Rules of India (BCI), added vide it’s Resolution No. 50 in 2008, as per Schedule, allowed Lawyers to provide following information online, namely:

1. Name, Address, Telephone Numbers, E-mail ID, Enrolment Number, Date of Enrolment, Name of State Bar Council, where originally enrolled, Name of The State Bar Council on whose roll name stands currently, and Name Of The Bar Association of which the Advocate is a Member,

2. (a) Professional Qualifications and Academic Qualifications and (b) Areas of Practice (Eg. Civil, Criminal, Taxation, Labour etc.) Declaration: Professionals furnishing the above-mentioned information are also required to provide a self-declaration that the information provided by them is true and correct.

Important: For all others, the information provided to Guftgu, will to be required to be true and correct as per their respective rules and practises.

a. Guftgu however displays/disseminates only limited information pertaining to Name, Years of practice, Practice Area, in order to factor the right fit of the Consultant for the purposes of it’s Categories designed in the App. which are required to identify the Consultant by the User, at it’s will.

b. Guftgu does not indulge in any kind of “solicitation” or “advertising” of or on behalf of the Consultants, especially for the Professional Consultants bound by their applicable rules, for any purpose i.e. Restricted Consultant. In no manner whatsoever, the App, intend to advertise any specific profile of the Restricted Consultant, as Guftgu is designed exclusively for ease and convenience of accessibility and connect through the App. The Consultants are provided solely and exclusively towards discovery/identification/benefit for You the User. In addition thereto, the App may provide simultaneous increase of accessibility and exposure to Consultant, based strictly upon the information so provided by the Consultant.

10. VIOLATION AND TERMINATION: Violation of any terms and conditions mentioned in this Terms of Usage shall lead to cancellation/termination of the User account. Guftgu reserves right to terminate and/or initiate action immediately, if it:

a. is unable to verify and authenticate the account information or any other relevant information provided by You.

b. believes that Your actions may cause legal liability for the App, other Users or any service provider linked with the App.

c. believes that the information provided by You is false and misleading or is causing impediment to other Users or impeding administration of services, or have violated the Privacy Policy in any manner whatsoever.

d. terminates/de-activates Your account for any on the above Terms, Guftgu shall retain all information provided by You, by default.

11. RFUND ON CANCELLATION: Guftgu will not be obligated to refund Your money in case:

a. the service opted has already been availed.

b. of add money in Guftgu wallet carelessly by You.

c. call has been scheduled and executed.

d. money is lying in your wallet unused for more than 90 days the amount expires. To further clarify that incase you think of availing the services of the App after 90 days you would need to put in fresh money into your Guftgu wallet.

e. of any technical glitch in the App during the processing of the request, shall not be eligible for any claim of refund. You agree that the timelines are sensitive and all steps are taken to adhere to the given timelines.

f. of incorrect information provided by You. You agrees to be diligent while providing information and must recheck the same before You submit the same to the App.

g. of delay in activation of services, by the App may be considered, on pro-rata basis.

h. of providing wrong contact number for the purpose of availing the Insta Connect feature. You are advised to keep Your contact number in full coverage area and must answer the call. No refund shall be processed for any call which does not get connected/cancelled.

i. Refund if any, shall be processed after deduction of the transaction/applicable charges levied by the Bank and/or the Payment Gateway and/or after adjusting any other charges that may have been incurred by Guftgu while dispensing such services, as applicable.

In case the Payment gateway’s App/webpage, linked to the App, is experiencing any technical issues like ‘slow down’ or ‘failure’ or ‘session timeout’, You shall, before initiating the payment, check whether Your Bank Account has been debited or not and accordingly resort to one of the following options:

In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the Service Provider via customer care to confirm payment.

In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, refund for multiple payment, if any, even after the above precaution against the same order shall be refunded in full without deduction of the transaction charges as mentioned above. The Service Provider shall only retain the cost of one single order as intended to be placed by the User.

If there are orders that the Application is unable to accept and must cancel, the Service Provider at its sole discretion, reserves the right to refuse or cancel any order for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking shall be refunded.

12. USER OBLIGATION: You, the Consultants and Members will be obliged to abide by the Terms of Usage, Privacy Policy, and any other terms as defined on the App. You represent that you are an individual and not a corporation or other legal business entity. The rights to use the App is personal to You. The User shall while using the App shall not violate the terms and conditions which are inclusive of and not limited to the following:-

a. The User shall not post, publish or transmit any messages that is false, misleading, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.

b. The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships.

c. The User shall not upload or post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. The User may, however, post excerpts of copyrighted material so long as they adhere to Fair Use guidelines. The User shall not:

i. collect information of Members on the App for purposes of advertisement, solicitation or spam.

ii. send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.

iii. engage in any activity that interferes with or disrupts access to the App.

iv. attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any of the services offered on or through the App, by resorting to any hacking, password mining or any other illegitimate means.

v. violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the App is subject to but not limited to using the services, exclusively for personal use.

vi. resell or make any commercial use of the Services without the express written consent from Guftgu.

vii. violate these Terms of Usage, Privacy Policy, including but not limited to any applicable Additional terms of the App contained herein or elsewhere.

viii. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from/through the App.

d. As a Registered member of Guftgu, You agree:

i. to receive certain specific emails and SMS along with calls from Guftgu.

ii. not to transmit any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

iii. not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

iv. not to interfere with any other members' use or enjoyment of the App or Services.

v. to be obliged to report any misuse or abuse of the App. If You notice any abuse or misuse of the App or anything in violation of this Terms of Usage/Privacy Policy, You shall forthwith report such violation to Guftgu. On receipt of such complaint, Guftgu may investigate such complaint and if necessary, may terminate the membership of the Member responsible for such violation abuse or misuse without any refund.

vi. that any false complaint made by a Member shall make such Member liable for termination of membership without any refund.

vii. Guftgu reserves the right to withdraw its services to any User/Member/Consultant who is found to be unreasonable or abusive during their conversation with Guftgu or the Consultants, regardless of any reason.

viii. While Guftgu shall take all steps to resolve any violation of obligations, it reserves its right to send a written warning to such miscreant. Such violations, if repeated by the User, shall lead to a total ban for transacting on the App by such User.

ix. The User further agrees that if any part of these Terms of Usage are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Usage shall continue in effect.

13. DISCLAIMER-LIMITATION OF LIABILITY: You expressly understand and agree that, to the maximum extent permitted by applicable law, Guftgu does not provide warranties for the service. Guftgu offers it’s services through a diverse panel of Consultants and the Consultants may, from time to time, make recommendations. Guftgu and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:

a. the service will meet your requirements

b. the service will be uninterrupted, timely, secure or error-free

c. the results that may be obtained from the use of the service will be accurate or reliable

d. any errors in the software will be corrected. You are required to make full disclosure about the emotional, mental and physical state of the person seeking advice from the panel of Consultants so that the Consultant can make informed judgment before giving advice.

e. the App, services and other materials are provided by Guftgu on "As Is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Guftgu makes no warranty that (i) the App or the services will meet your requirements or your use of the App or services will be uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the App, services or materials will be effective, accurate or reliable; (iii) the quality of the App, services or other materials will meet your expectations; or that (iv) any errors or defects in the application, services or other materials will be corrected.

f. No advice or information, whether oral or written, obtained by the User from Guftgu or through or from the use of the services shall carry/create any warranty not expressly stated in the terms of use. Guftgu will not be liable for User Generated Content published on the App, by Users, Members, Consultants, by any nomenclature addressed. You are welcome to alert Guftgu about content that You believe to be inappropriate, offensive, disturbing in any manner, You are requested to contact us at guftgu.care@montraydigital.com or through the App. Guftgu shall deal with your request as soon as reasonably possible, in terms of our internal assessment of the same.

g. Guftgu does not have any say/control on the fees to be charged by the Consultant. You acknowledge that Guftgu is only a facilitating platform and is solely a facilitator to connect You to the Consultants on board.

h. To the maximum extent permitted by applicable law, Guftgu will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Guftgu explicitly also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

i. Guftgu will not be liable for any loss that the User may incur as a consequence of unauthorized use of their account or account information in connection with the App or any services, either with or without the User’s knowledge. Guftgu endeavours to ensure that all the information on the App is correct, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Guftgu shall not be responsible for the delay or inability to use the App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Guftgu shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond Guftgu 's control.

j. Guftgu is not responsible for any typographical error leading to an invalid coupon and assumes no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

k. The Services provided by Guftgu are for connectivity/discovery purposes only and Guftgu disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of services, the accuracy or reliability of any content obtained through the Services, any services purchased or obtained through the App, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from Guftgu shall create any warranty.

l. The services consist of live telephone consultations through App Services Page. Guftgu charges for the chat/call service offered on this platform on per minute basis and holds no responsibility or liability about the reality or reliability of consultation services represented on the App. No advice or information, whether oral or written, obtained by you shall create any warranty for and on behalf of Guftgu.

m. The Consultants on board the App are also Members and not employees of Guftgu. Guftgu however, does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the Consultants, nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the constancy received by You, anything said or written by, or any advice provided by the Consultants.

n. The App is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel.

o. Guftgu shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall Guftgu and/or the payment service providers, its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of data transmissions or arising from suspension or termination of the services, for any reason whatsoever.

p. Notwithstanding anything to the contrary contained herein, MDPL’s liability to You, for any cause whatsoever, and regardless of the form of the action, will no time exceed the amount paid, by You if any, to Guftgu, for it’s services.

14. INDEMNIFICATION: You the User/Member shall indemnify and keep indemnified, defend and hold harmless Guftgu, its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from Your use of the Services.

15. PROPRIETARY RIGHTS: You acknowledge and undertake that any design, text, software, music, sound, photographs, video, graphics or other material (Content) used in the App, contained in sponsor advertisements or distributed via email, commercially produced information presented to it’s Member by Guftgu, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by Guftgu, its suppliers, or advertisers. Moreover, Guftgu does not approve of any open source content on it’s App. In the event You find any inadvertent infringement on the App, You are requested to bring the same to the notice of Guftgu and the same, if found infringing, will immediately be removed.

17. NOTICES: Except as otherwise stated in these Terms of Usage, all notices to the concerned User, Consultant/s, Member/s shall be in writing and shall be emailed to the registered email ID. Notice shall be deemed to be served after 24 hours of sending the email.

18. GOVERNING LAW AND JURISDICTION: Any dispute, claim or controversy arising out of or relating to this Terms of Usage including determination of the scope or applicability hereof to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed from the Consultants on the App. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as applicable from time to time. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

If you do not agree to our Terms of Usage or our Privacy Policy, please refrain from using the App.