Terms & Conditions
1. Use of the Website
Welcome to nellaimatrimony.com(“Website”)
owned by The Zeon InfoTech Private Limited (hereinafter referred to as
"the Company", which term shall mean and include its subsidiaries,
affiliates, partners, shareholders, directors, executives, officers, employees,
agents, successors-in-interest and permitted assigns). Your use of this Website
or access of any of the services provided on the Website is subject to your
acceptance of these terms and conditions ("Terms" or "Terms and
Conditions"). Therefore, please read these Terms carefully.
If you require any
clarification about these Terms, please contact support@nellaimatrimony.comand
obtain such clarification before using this Website.
YOUR USE OF THE
WEBSITE SIGNIFIES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS, POLICIES AND
NOTICES CONTAINED HEREIN. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE
TERMS AND CONDITIONS, POLICIES OR NOTICES CONTAINED ON THE WEBSITE, DO NOT USE
OR ACCESS THE WEBSITE.
For the purposes of
this Website, "User" shall mean any person who uses the Website,
and/or any of the services provided on the Website including but not limited to
any person who posts any content including but not limited to text, data,
images, shorts, information, and other materials or services on the Website or
who views such content or materials. The Website shall be deemed to be used by
you when it is loaded and/or continues to be loaded in the temporary or
permanent memory of your mobile phone, computer or any other device or in the
internet browser thereof. The Company's own records of the use of the Website
maintained through computer systems or otherwise shall be deemed accepted as
conclusive and binding proof of such use. The Company reserves the absolute
discretion to amend, delete or supplement any of these Terms at any time, which
amendment, deletion or supplement as the case may be shall automatically become
binding on the User when the amendment, deletion or supplement is made on the
Website. The use of this Website by you may be discontinued, terminated or
limited at any time by the Company without any notice to you if you violate any
part of the Terms or for any reason whatsoever.
2. Eligibility
This Website is
intended to facilitate lawful marriages between persons by providing a medium
for contact between such persons. It is therefore essential that Users are
capable of entering into a legal and binding contract of marriage as per the
law applicable to them. By using this Website, therefore you confirm that you
are/ you are registering for a person who is:
A. 18 years or above
(if you are a woman) or 21 years or above (if you are a man);
B. Legally competent
to enter into a valid contract of marriage as per the law applicable to you;
and
C. Not prohibited or
prevented by any applicable law for the time being in force from entering into
a valid contract of marriage
The Company reserves
the right to forthwith terminate your use and / or registration with the
Website without refund of any of subscription fee paid, if at any time the
Company is, in its sole discretion, of the opinion or has any reason to believe
that, you are not eligible to use this Website or that you have made any
misrepresentation about your eligibility.
3. Registration with
the Website
To avail some of the
services on the Website such as express interest in a member or of premium
services offered by the company, Users will be required to register with the
Website. Website/App acts as a platform to enable any user to themselves
register on it (by filling the mandatory fields and optional fields, if any) to
voluntarily search for profile(s) from the database of Websites already
registered users, for seeking prospective lawful matrimonial alliances. The
first step in the registration process is for you to fill up the registration
form available at nellaimatrimony.com/register. During the process of registration or
otherwise, you may be required to furnish information, (personal or otherwise).
You shall ensure that you furnish accurate, complete and up-to-date
information. The profile search conducted by any User and the matches shown
thereof are automatically generated by Website, and based on the partner
preference set by you. In the event, the User changing their partner preference
on the Website/App, then the automated system generated prospect results of the
Website/App may also undergo corresponding change.
Upon successful
registration, you will be given a user name and password. By applying for
registration you confirm and agree that you will be the sole and exclusive
owner and that you accept sole responsibility for the use, confidentiality and
protection of the user name and the password as well as for all actions
initiated using your user name and password. Your registration with the Website
is for your personal use. You may not authorize others to use your user name
and password and you may not assign or transfer your user name and/or password
to any other person or entity. All statements made and acts or omissions that
occur while your user name and password are being used shall be deemed to have
originated conclusively from your end and you shall be responsible for the same
and/or any misuse thereof.
Multiple registrations
of the same person are not allowed on the Website. The Company reserves the
right to deactivate all multiple registrations by the same User without any
refund of subscription fees. You are required to immediately notify the Company
in writing on becoming aware of any loss, theft or unauthorized use of your
user name and/or password or any inaccurate information in relation to your use
of the Website or our services. While the Company disclaims any liability for
such loss, theft or unauthorized use and consequences thereof, on receipt of
such notification from you, the Company will take such steps as reasonably
possible to block your user name and on a request duly made, generate a new
user name and password for you.
If any information
provided by you for registration or otherwise is found to be untrue,
inaccurate, not current or incomplete, or the Company has grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, the
Company has the right to suspend or terminate your registration with the
Website and refuse you any and all current or future use of the Website (or any
portion thereof). The Company reserves the right (in its sole discretion) to
refuse you registration on the Website, terminate your registration and remove
or edit any Content posted on the Website using your user name and password.
4. Content
You are responsible
for the content and information including your profile, photograph and other
content including communication with other Users ("Content") you post
or transmit through the Website. You hereby represent and warrant that you own
all rights, title and interest in your Content or have the necessary licenses,
rights, consents, and permissions to post and/or use the said Content. You will
retain all your ownership rights in Content you post on the Website. However,
by submitting the Content to the Website, you hereby grant the Company a
worldwide, non-exclusive, royalty-free, sub-licensable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, publish,
communicate to the public and perform the Content on the Website, in connection
with the Website and the Company's business and services, including without
limitation for promoting, communicating to the public and redistributing part
or all of the Content (and derivative works thereof) in any media formats and
through any media channels. You hereby also grant the Company and its
authorized third parties and each User of the Website a non-exclusive license
to access your Content and to use, reproduce, distribute, prepare derivative
works of, display, communicate to the public and perform such Content.
While the Company does
not accept any obligation to monitor the Content, the Company reserves the
right to review and/or verify the authenticity, accuracy and quality of Content
posted by you on the Website and to determine whether the said Content is in
compliance with these Terms. If the Company is not able to verify the Content
or any part thereof to its satisfaction or if the Content is found not to be in
compliance with these Terms, the Company may delete the Content and/or
terminate your registration with the Website without a refund of any
subscription paid by you.
Notwithstanding the
Company's right to verify the Content, all Content is the sole responsibility
of the User from whom such Content originates and shall be at the said User's
sole risk and consequences. The Company does not guarantee the accuracy,
integrity or quality of such Content. Users wishing to use the Content posted
by third parties on the Website are advised to independently verify the
Content. You shall be solely responsible for your Content and for all
consequences arising due to or out of use of the Website and the posting of
your Content on the Website including but not limited to all consequences that
may arise due to third parties viewing/accessing/downloading your Content
and/or arising due to the Website hosting/publishing/communicating your Content
to the public. Under no circumstances will the Company be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of
any Content made available through the Website or as a result thereof.
The company reserves
the right to delete the content from the Website after a period of two years
unless the user specifically in writing requests for a further period. You
understand and agree that when using the Website, you will be exposed to
Content from different sources and that the Company shall not be responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such Content. You further understand and acknowledge that you may
be exposed to Content that is inaccurate, offensive, indecent, or
objectionable, and you hereby waive, any legal or equitable rights or remedies
you have or may have against the Company with respect thereto, and agree to
indemnify and hold the Company harmless to the fullest extent allowed by law
regarding all matters related to your use of the Website. In the interest of
the security and privacy of our Users, the Company reserves the right to
restrict the number of communications which any User may send to another User
in any 24-hour period to a number which the Company deems appropriate in its
sole discretion. If any content on the Website does not adhere to these terms
and conditions, please send an email to support@nellaimatrimony.comindicating
the non-adherence so as to enable the Company to take appropriate action as
deemed necessary by the Company. The user has to inform the Company that the
User has married another User of the Website and he/she wishes to update the
Website with a success story. The Company reserves the right to request for
such documents as proof of a marriage as it may deem fit from the User or both
the Users. The Company also reserves the right to publish the success story at
its discretion.
Users, who find
suitable profiles of partners through the Website, must independently
verify/confirm details of the potential partners and should conduct a due
diligence on their own. Company will not be responsible for authenticity or
correctness of any information exchanged through the Website.
The User understands
and acknowledges that the Website is intended to be an internet location
through which the User may access information carried by Website in the
database maintained by it. The Website merely provides search tools through
which the User can search through the hosted databases and information that are
present with a selection matching their search criteria. Users then select one
or more of the items presented to view the full document/ record. The User
hereby agrees to upload only accurate information about themselves. The User
agrees not to set up fictitious profiles or upload any matter/information which
is fictitious. If the User comes to know of any information on the Website that
is fictitious/false or otherwise not in conformity with the Terms of use or
otherwise offends the User in any manner, the User agrees to immediately send a
complaint to contact@nellaimatrimony.comenabling the Site Owner to take
appropriate action.
The User understands
and agrees that Company is a NETWORK SERVICE PROVIDER and an INTERMEDIARY. All
the user generated information posted therein has been posted by Registered
Users and is third party user generated content. The Company has no manual
control over the third party user generated content and shall not be liable for
such content.
5. Restrictions on Use
You agree that :
A. Your Content shall
not contain any material that is copyrighted, protected by trade secret or
otherwise subject to third party intellectual property rights or proprietary
rights, including privacy and publicity rights, unless you are the owner of
such rights or have written permission from their rightful owner to post the
material and to grant the Company all of the license rights granted herein. You
shall not upload, post, or otherwise make available any content that infringes
any patent, trademark, copyright or other proprietary rights:
B. You shall not
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information earned or disclosed as part of employment
relationships or under nondisclosure agreements, without limitation).
C. Your Content shall
not contain falsehoods or misrepresentations that could damage the Company or
any third party.
D. Your Content shall
not contain material that is abusive, unlawful, obscene, vulgar, defamatory,
libelous, threatening, pornographic, peadophilic, invasive of another’s
privacy, including bodily privacy, insulting or harassing on the basis of
gender, profane, threatening, abusive, harassing, hateful, indecent, racially,
religiously or ethnically offensive or otherwise objectionable or offensive in
any manner, or encouraging money laundering or gambling or encourages conduct
that would be considered a criminal offence, give rise to civil, tortious or
criminal liability or otherwise inconsistent with or contrary to the laws of India
or is otherwise inappropriate.
E. You shall not
utilise the Website or its services in any manner whatsoever so as to contact
or communicate with minors (i.e those below the age of eighteen) or is harmful
to the minors.
F. You shall not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the service. Further you shall not deceive or
mislead the addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or
misleading in nature but may reasonably be perceived as a fact.
G. Your Content shall
not contain advertisements or solicitations of business.
H. Your Content shall
not contain any chain letters or pyramid schemes.
I. You shall not
impersonate another person or entity.
J. You shall not
intentionally or unintentionally violate any applicable local, state, national
or international law while using or accessing the Website.
K. Your Content shall
not contain any virus or other harmful component.
L. You will use the
Website strictly and only for your personal and non-commercial use.
M. You will not take
any action that imposes an unreasonable or disproportionately large load on the
Website servers or systems, or any servers or systems used by the Company.
N. You will not use
the Website to threatens the unity, integrity, defence, security or Sovereignty
of India, friendly relations with foreign States, or public order, or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any foreign States;
O. You shall not
upload content that contains software virus or any other computer code, file or
program designed to interrupt, destroy or limit the functionality of any
computer resource;
P. You will not upload
content that is patently false and untrue, and is written or published in any
form, with the intent to mislead or harass a person, entity or agency for financial
gain or to cause any injury to any person.
Q. You shall refrain
from (1) entering into any financial transactions with other members, (2)
seeking financial help or provide financial help from / to the other Members,
(3) Sharing of confidential and personal data with each other but not limited
to sharing of sensitive/personal photos, bank details, etc., (4) entering into
physical relationship with any prospect before marriage and (5) interacting
with suspended profile users.
R. You are expected to
be cautious of user who ask for favours, money etc or call from multiple phone
numbers, only interact over phone, doesn't come forward for face to face
meeting (physically or through video calls) and don’t involve family and
friends in match making.
S. You will not use
the Website for any illegal purpose or in any manner inconsistent with these
Terms.
Further, you shall
not, except as permitted by these Terms :
A. Reverse engineer,
decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform,
publish or create derivative works from or in any way exploit any part of the
Website in violation of these Terms or the laws of any country.
B. Create a database
in electronic or structured manual form by systematically downloading and
storing the entire Website or part thereof except such information as relates
or concerns you directly.
C. Cache or permit
caching by any person.
D. Send unsolicited
email or other correspondence to any other User.
E. Do any act that
violates the Company's (or any third party's) intellectual property rights in
the Website.
F. Engage in any
fraudulent, abusive or illegal activity, including but not limited to any
communication or solicitation designed or intended to fraudulently obtain the
password or any private information of any other User.
G. Use the Website to
violate the security of any computer or computer network, crack passwords or
security encryption codes, transfer or store illegal material including threatening
or obscene material or engage in any kind of illegal activity.
H. Run any mail list
or any form of auto-responder, or spam on the Website or any processes that are
run or are activated while the User is not logged on or engage in any virus
attack or denial of service or attach or engage in any activity designed and/or
intended to interfere with the working of Website for any duration of time.
I. Use any information
obtained from the Website in order to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit, or sell to any User without their
prior explicit consent.
J. Collect or harvest
any personally identifiable information, including account names, from the
Website, nor to use the communication systems provided by the Website for any
commercial solicitation purposes. User agrees not to solicit, for commercial
purposes, any users of the Website with respect to their Content.
K. Use or launch any
automated system, including without limitation, "robots",
"spiders", "offline readers", etc., that accesses the
Website in a manner that sends more request messages to Website servers in a
given period of time than a human can reasonably produce in the same period by
using a convention on-line web browser.
6. Privacy Policy
The Company is
committed to protecting the User's privacy and shall take all efforts to
protect any personal data provided to the Website by reasonable security
safeguards against such risks as loss or unauthorized use, destruction, use,
modification or disclosure of data. Although we will strive to safeguard the
confidentiality of your personally identifiable information, transmissions made
by means of the Internet cannot be made absolutely secure. By using this site,
you understand and agree that we will have no liability for disclosure of your
information due to errors in transmission or unauthorized acts of third
parties. The Website uses cookies to track usage of the path of a User, to
collect site statistical information and improve your customer experience.
Since most web browsers automatically accept cookies, you can edit your browser
options to block them if you do not want the Website to use cookies to track
usage of your path. Our servers may also automatically collect information
about your computer when you visit the Website, including but not limited to
the type of browser software and version you use, the operating system and
platform you are running, the website that referred you to us, your IP or
internet protocol address used to connect your computer to the Internet,
average time spent on our site, pages viewed, information searched for, access
times, "clickstream data" and other relevant information about your
online experience.
The Company undertakes
not to disclose, except as otherwise provided, the personal information
provided by the User to any person, unless such action is necessary to :-
A. Conform to legal
requirements or comply with legal process;
B. Protect and defend
The Company or its affiliates' rights, interests or property;
C. Enforce the terms
and conditions of these Terms;
D. Enable the Company
or its affiliated/authorized third parties to provide access to the Website
(including technical maintenance thereof) and/or services to Users;
E. Share the personal
information with third parties for the purpose of the Website;
F. Allow the User to
use specific account information;
G. To contact the User
when required including to provide the User with information (including
information for promotion of the Company's services).
By Using the Website,
you agree to receive certain specific email from the Company relating to your
membership or any alerts of any activity on the site or those of content
promotion on the site. Should you not want to receive such e-mail, you may at
any time cancel your subscription to such e-mails by sending a mail with the
request for the same to support@m4marry.com. You hereby confirm that as on the
date of your registration with the Website, you have not registered yourselves
on the Do Not Disturb (DND) subscriber list with any telecom
operator/authority. In the event, you register yourselves as a Do Not Disturb
(DND) subscriber; you hereby confirm that you do not have any objection to
receiving messages (promotional or otherwise) from the Company or any of its
affiliate companies. We also collect information about your activities on
m4marry to help enable customer services such as but not limited to recommended
profiles, optimize the search results etc. We also use analytical software in
addition to our proprietary platform to offer you to power of analytics engines
for better matchmaking.
The Company may
collect certain sensitive personal data or information including;
(i) password;
(ii) financial
information such as Bank account or credit card or debit card or other payment
instrument details;
(iii) physical
condition;
The above mentioned
sensitive personal data or information would be used for the following
purposes:
(i) For security
purposes to restrict access to your account.
(ii) Financial
information, self disclosed by the User, such as the annual income of the User
will be disclosed to other Users (Prospects) who check the User's details on
the Website for a possible matrimonial alliance. If any online payment is made
third payment gateways will collect the bank / card details for processing such
payments.
(iii) Physical
conditions including height, weight etc, self disclosed by the User will be
made available to Prospects.
The Company uses
databases that currently comply with reasonable security practices and
procedures as per the law.
The User consents to
the User's Content being stored (along with all the other data collected by the
Website) in Servers located in India or any other country, as long as the
required level of data protection as provided for under the Information
Technology Act and the Information Technology (Reasonable security practices
and procedures and sensitive personal data or information) Rules is adhered to.
Personal Information
1) Non-Account
Activity. No information / registration details are required to access general
information on the Website.
2) Account-Related
Activity. Certain other activities on the Website like uploading information about
wellness, posting information about your activity, etc. require the User to
have a Registered User Account. The User is required to provide some personal
information when the User creates an account, which personal information
includes the User's email address, which is used to protect the User's account
from unauthorized access. A Registered User Account allows the User to access
many of the Website's services that require registration.
3) Usage Information.
The Company records information about the User's usage, such as when the User
used the Website, the contacts the User communicated with, as well as the
information the User displayed on the Website (including UI elements, settings,
and other information). If the User is logged in, the Company may associate
that information with the User's account. The Company may use clear GIFs
(a.k.a. Web Beacons) in HTML-based emails sent to Users to track which emails
are opened by the recipients.
4) Content Uploaded to
Website. Any personal information or information that the User voluntarily
discloses online becomes available and can be viewed by other Registered Users.
Uses
1) If the User submits
personally identifiable information to the Company through the Website, the
Company may use the User's personal information to operate, maintain, and
provide the User with general and personalized features and functionality on
the Website, and process any flagging activity or correspondence the User sends
to the Company.
2) The User's account
name is displayed to other Users when the User uploads information or sends
messages through the Website and other Users can contact the User through
messages and chats. Any public information that the User submits to the Website
may be viewed by the other registered Users.
3) The Company does
not use the User's email address or other personally identifiable information
to send commercial or marketing messages without the User's consent or except
as part of a specific program or feature for which the User will have the ability
to opt-in or opt-out. The Company may, however, use the User's email address
without further consent for non-marketing or administrative purposes (such as
notifying the User of major Website changes or for customer service purposes)
or for purposes such as daily match watch and other periodic mailers,
activities and events that the website conducts etc..
4) The Company uses
both the User's personally identifiable information and certain
non-personally-identifiable information (such as anonymous user usage data,
cookies, IP addresses, browser type, clickstream data, etc.) to improve the
quality and design of the Website and to create new features, promotions,
functionality, and services by storing, tracking, analyzing, and processing
User preferences and trends, as well as User activity and communications.
5) The Company uses
cookies, clear gifs, and log file information to: (a) store information so that
the User will not have to re-enter the same during the User's next visit; (b)
provide customised, personalized content and information; (c) monitor the effectiveness
of the Website's marketing campaigns; (d) monitor aggregate metrics such as
total number of visitors, pages viewed, etc.; and (e) track the User's entries,
submissions, and status in promotions, sweepstakes, and contests.
Information that is publicly
available
1) When the User
creates an account on the Website, some information about the User's account
and the User's account activity will be provided to other Users of the Website.
This may include the User's age (if the User choose to make it public), the
country of the User and information whether the User is online or has accessed
the Website.
2) The User's account
name is displayed to other Users when the User engages in certain activities on
the Website, such as when the User uploads information or sends messages
through the Website. Other Users can contact the User through messages and
chats or expressions of interest.
3) The User may also
choose to add personal information that will be visible to other Users on the
User's page.
4) If the User chooses
to add certain features to the User's page, then these features and the User's
activity associated with these features will be displayed to other Users and
may be aggregated and shared with the User's or other Users. Such shared
activity may include the, any service the User accessed and any information the
User uploaded.
5) Any information
that the User submits to the Website can be redistributed through the internet
and other media by the Company, without obtaining any consent from the User,
and may be viewed by the other Registered Users.
The User's Choices
1) The User may, of
course, decline to submit personally identifiable information through the
Website, in which case the User can still view information and explore the
Website, but the Website may not be able to provide certain services to the
User. Some advanced features may, for authentication purposes, require the User
to sign up for other services. The privacy notices of those services govern the
use of the User's personal information associated with them.
2) The User may update
or correct the User's personal profile information at any time.
Third-party
Advertisers, Links to Other Sites
1) The Company allows
other companies, called third-party ad servers or ad networks, to display
advertisements within the Website. These third-party ad servers or ad networks
use technology to send advertisements and links that appear on the Website
directly to the User's browser. They automatically receive the User's IP
address when this happens. They may also use other technology (such as cookies,
JavaScript, or Web Beacons) to measure the effectiveness of their
advertisements and to personalize the advertising content the User sees. The
Company does not provide any personally identifiable information to these
third-party ad servers or ad networks without the User's consent or except as
part of a specific program or feature for which the User will have the ability
to opt-in or opt-out. However, please note that if an advertiser asks the Company
to show an advertisement to a certain audience and the User responds to that
advertisement, the advertiser or ad-server may conclude that the User fits the
description of the audience they are trying to reach. The advertiser may also
use information regarding the User's use of the Website, such as the number of
times the User viewed an ad (but not any personally identifiable information),
to determine which ads to deliver to the User. The User should consult the
respective privacy policies of these third-party ad servers or ad networks for
more information on their practices and for instructions on how to opt-out of
certain practices. The Website's privacy policy does not apply to, and the
Company cannot control the activities of, such other advertisers or web sites.
Any data obtained by third-party ad servers subsequently shared with the
Company is maintained and dealt with by the Company in accordance with this
privacy policy.
More Information
For questions
concerning the Website or the User's account, write to the Company.
For more information
about the Website's privacy practices, write to the Company.
7. Collection and Use
of Personal Information
To register on the
Website, you will be required to provide certain personal information. This
information includes (but is not limited to) data that specifically identifies
an individual, such as a user name, name, address, telephone number, e-mail
address, religion, caste, sex, astrological information, photos, identity
proofs, shorts, education details, employment details, income details, family
background, physical status etc.
We offer you choices
when we ask for personal information, whenever reasonably possible. You may
decline to provide personal information to us and/or refuse cookies in your
browser, although please be aware that some of our features or services may not
function properly as a result. You will have access to your personal
information posted on our Website and you may edit, delete or modify the same
from time to time. User understands that the Company does not guarantee any
confidentiality with respect to your Content (including any personal
information) other than as specified in the Privacy Policy.
8. Intellectual
Property Rights
All parts of the
Website except Content posted by Users of the Website are owned by the Company
and/or its suppliers/affiliates/business partners and are protected by
intellectual property rights law including copyright laws, international treaty
provisions, and these Terms. User acknowledges that the Website is highly
proprietary in nature and that unauthorized copying, transfer or use shall
cause the Company irreparable injury that cannot be adequately compensated for
by means of monetary damages. Any reproduction, reverse engineering,
decompiling, disassembling, modification, copying, distribution, transmission,
display, publishing, sublicensing, creation of derivative works from,
transferring or redistribution of the Website other than as may be specifically
permitted as per these terms is expressly prohibited by law, and shall result
in severe civil and criminal penalties. The Company shall be entitled to obtain
equitable relief (including all damage, direct, indirect, consequential and
exemplary), over and above all other remedies available to the Company to
protect its interests therein. Neither the availability of nor anything
contained within the Website shall be construed as conferring any license to
any of the Company or any third party's intellectual property rights, other or
further than as expressly provided in these Terms, whether by implication,
estoppel or otherwise.
9. Disclaimer
THE WEBSITE AND ALL
SERVICES PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY AND
COMPLETENESS, AND ALL WARRANTIES RELATING TO VIRUSES AND NON-INFRINGEMENT IN
THE WEBSITE OR ANY SERVICES PROVIDED BY THE WEBSITE. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED THAT THE USE OF THE
WEBSITE WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER RIGHT OF ANY THIRD
PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
THROUGH, OR FROM, THE WEBSITE OR IN ANY OTHER MANNER SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN.
THE COMPANY MAKES NO
WARRANTY THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, OR THAT THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
OR AS TO THE ACCURACY OR RELIABILITY OF THE INFORMATION/MATERIAL ON THE WEBSITE.
THE COMPANY DOES NOT
ENDORSE, SUPPORT, VERIFY, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR
RELIABILITY OF ANY INFORMATION OR COMMUNICATIONS POSTED ON THE WEBSITE OR
ENDORSE ANY OPINIONS EXPRESSED BY USERS.
THE COMPANY DOES NOT
GIVE ANY IMPLIED OR EXPLICIT GUARANTEE OR WARRANTY OF MARRIAGE OR ALLIANCE BY
YOU CHOOSING TO REGISTER ON OUR WEBSITE AND USING COMPANY SERVICES (BOTH FREE
OR PAID).
USER HEREBY
ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED BY THE COMPANY OR OTHER USERS
WILL BE AT USER'S OWN RISK.THE EXCHANGE OF USER PROFILES OR COMMUNICATION
THROUGH OR USING THE WEBSITE IS NOT A MATRIMONIAL OFFER AND/OR RECOMMENDATION
FROM/BY THE COMPANY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE TO ANY INDIVIDUAL ARISING OUT OF, OR SUBSEQUENT TO, ANY RELATIONS
(INCLUDING BUT NOT LIMITED TO MATRIMONIAL RELATIONS) ESTABLISHED BETWEEN USERS
PURSUANT TO THE USE OF THE WEBSITE.
10. Limitation of
Liability
USER AGREES THAT IN NO
EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (INCLUDING, BUT NOT
LIMITED TO, DAMAGES CAUSED BY PERSONAL INJURY, LOSS OF REPUTATION, LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, BUSINESS INTERRUPTION, LOSS OF
PRIVACY, LOSS OF USER CONTENT, OR ANY OTHER PECUNIARY OR PERSONAL LOSS) TO USER
OR ANY THIRD PARTY WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES,
OR INACCURACIES ON THE WEBSITE,
(II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO
AND USE OF THE WEBSITE,
(III) ANY UNAUTHORIZED
ACCESS TO OR USE OF THE SECURE SERVERS OF THE WEBSITE AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE BY ANY THIRD PARTY,
(V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF USER'S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE WEBSITE,
(VI) ANY
UNAVAILABILITY OF THE WEBSITE OR PARTS THEREOF OR DELAY IN ANY REAL TIME
SERVICE OR INFORMATION PROVIDED BY THE WEBSITE,
(VII) ANY RELATIONS
BETWEEN USERS ARISING OUT OF OR PURSUANT TO USE OF THE WEBSITE OR ANY CONTENT
POSTED ON THE WEBSITE OR COMMUNICATION EXCHANGED WITH ANY OTHER USER USING THE
FACILITY PROVIDED BY THE OR USING INFORMATION OBTAINED FROM THE WEBSITE, OR
(VIII) ERROR,
INTERRUPTION, SUSPENSION OR TERMINATION OF, OR IN, THE WEBSITE WHETHER SUCH
ERROR, INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT OR ANY SERVICES PROVIDED BY OR THROUGH
THE WEBSITE OR ANY PRODUCT PURCHASED THROUGH THE WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
USER SPECIFICALLY
ACKNOWLEDGES THAT THE COMPANY SHALL NOT BE LIABLE FOR USER POSTS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER
USERS) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH THE USER.
11. Indemnity
By using this Website
you agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any and all claims, losses,
obligations, liabilities, damages, costs, debt and expenses, including, without
limitation, reasonable legal, expert and accounting fees, incurred in
connection with any claims, actions or demands alleging or resulting from your
:
A. Use of the Website
using your user name and password or any material (including software and Contents)
on the Website; or
B. User's breach of
the Terms, or
C. User's violation of
any third party right, including without limitation any copyright, property, or
privacy right; or
D. Any claim that any
of your Contents caused loss or damage to a third party or User; or
E. User's violation of
any law.
F. This defence and
indemnification obligation will survive these Terms and User's use of the
Website.
12. Third Party Sites
Third party websites
to which links are given on this Website are not governed by these Terms and
are governed by their own terms and conditions for use and privacy policy. The
Company does not in any manner whatsoever authenticate, endorse, verify or certify
these third party websites or any contents therein. Please note that a User
shall click on links to third party websites at his / her sole risk and
responsibility. On leaving our Website, (you can tell where you are by checking
the URL in the location bar on your browser), you are advised to verify the
terms and conditions governing the usage of such third party websites and their
respective privacy policies and continue to use the said third party websites
if their respective terms and conditions of use and privacy policies are
acceptable to you. The Company expressly disclaims any warranties, liabilities
or guarantees, express or implied, which may be attributable, in any manner
whatsoever, to the use of any third party website by a User through a link
provided on our Website.
13. Subscription Fees
Any subscription fee
paid for registration with the Website or for availing any services there from
shall not be refunded/reimbursed under any circumstances whatsoever.
The User agrees that
Company shall not be liable for any direct, indirect, incidental, special or
consequential damages, (including, but not limited to, damages caused by
personal injury, loss of profits, use, data or other intangible, business
interruption, loss of privacy, or any other pecuniary loss) to the User or any
third party resulting from the (I) errors, mistakes, or inaccuracies of
content, (ii) Personal injury or property damage, of any nature whatsoever,
resulting from the User's access to and use of the Website, (iii) any unauthorized
access to or use of the Website and secure servers, and/or any and all personal
information and/or financial information stored therein, (iv) any interruption
or cessation of transmission to or from the Website, (v) any bugs, viruses,
trojan horses, or the like, which may be transmitted to or through the Website
by any third party, and/or (vi) any errors or omissions in any content or for
any loss or damage of any kind incurred as a result of the use by the User of
any content posted, emailed, transmitted, or otherwise made available on the
Website, whether based on warranty, contract, tort, or any other law, and
whether or not the Company is advised of the possibility of such damages. The
foregoing limitation of liability shall apply to the fullest extent permitted
by law. The Registered User specifically acknowledges that the Company is only
providing the Website and shall not be liable for:
a) User submissions or
the defamatory, offensive, or illegal conduct of any third party and that the
risk of harm or damage from the foregoing rests entirely with the User.
b) The use or the
inability to use the services provided by the Website
c) The delivery or the
inability to deliver the services provided by the Website.
d) The performance or
the inability to perform the services provided by the Website
e) Any costs or
consequences resulting from the above acts/omissions or resulting from the
access to, or alteration of Users transmissions or data.
The User further
agrees that the Company shall not be liable to the User or any third party for
any damages arising from any error, interruption, suspension or termination of,
or in, the Website, including but not limited to direct, indirect, incidental,
special, consequential or exemplary damages, whether such interruption,
suspension or termination was justified or not, negligent or intentional,
inadvertent or advertent.
This Website may
contain links to websites operated by parties other than the Company, which
will cause the User to leave this Website or have access to such third party
apps (“hereinafter referred to as the “other websites“). The Users use of each
such other websites are subject to the terms of use and other terms and
guidelines, if any, contained within each such other websites. In the event
that any of the terms contained herein conflict with the terms of use or other
terms and guidelines contained within any such other websites, then the terms
of use and other terms and guidelines for such other websites shall prevail
with regard to the use of the Said Other App. The linked other websites are not
under the control of the Company and the Company is not responsible for the
contents of any linked web site or any link contained in a linked website, or
any changes or updates to such web sites. The Company is providing these links
to the User only as a convenience, and the inclusion of any link does not imply
endorsement by the Company of the other websites.
The User agrees that
the Company is not responsible for the accuracy, completeness or availability
of information, content and materials found on other websites that link to or
from the Website. The Company cannot ensure that the User will be satisfied
with any services that the User purchases from a third-party / other websites
that links to or from the Website or third-party information, content or
materials contained on this Website (including, without limitation,
User-Generated Content contained in the Website).
The Company does not
endorse any of the merchandise, nor has the Company taken any steps to confirm
the accuracy, completeness or reliability of, any information, content or
materials contained on this Website or on any other third-party Website. The
Company does not make any representations or warranties as to the security of
any information, content or materials (including, without limitation, credit
card and other personal information) the User might be requested to give to any
third party. The User hereby irrevocably waives any claims against the Company
with respect to information, content and materials contained on the Website
(including, without limitation, User-Generated Content), on third party other
websites, and any information, content and materials Users provide to such
third party other websites (including, without limitation, credit card and
other personal information). The Company strongly encourages the Users to make
whatever investigation the User feels necessary or appropriate before
proceeding with any online or offline transaction with any third party.
The Company reserves
the absolute discretion to modify the Website or to amend /supplement any of
these Terms at any time. The abovementioned amendments / supplements shall
automatically become binding on the User, as soon as the said amendment or
supplement is made to the Terms of use, and is published on the Website.
The Company may
sub-contract and/or employ any affiliate to carry out any of its obligations
under these Terms of use. The Company may transfer or assign its rights and
obligations under this contract to any third party without requiring any
consent of the Registered Users or any other Users. The Registered User agrees
that his/her User ID and password shall be used by him / her alone and shall
not be transferred / assigned or permitted to be used by any other person.
14. Grievance Officer
I. In the event you
come across any violation by another user including but not limited to having
content in the web site that is obscene, menacing, grossly offensive, harming
minors, infringing copyright, patents, etc., or another user is impersonating
etc. you may then please be free to provide your concerns in writing or email
us with digital signature to:
Email:
ebenraj90@gmail.com
Grievance Officer:
Eben Gnanaraj
Contact Address : 157
Church Street,
Mela
thidiyoor,
Tirunelveli -627152
II. The Grievance
office shall be available between 10 am till 6 pm Indian Standard Time from
Monday to Friday excluding Saturday, Sunday and public holidays in India. The
Grievance officer is appointed as per Rule 3 (11) of The Information Technology
(Intermediaries Guidelines) Rules, 2011. Any and all complaints to the
Grievance Officer shall be in writing.
III. The Grievance
Officer shall handle complaints in relation to the following violation by the
User of computer resource as the User is not entitled to host, display, upload,
modify, publish, transmit, update or share any information on the Website/App
that-
a) belongs to another
person and to which the User does not have any right to;
b) is grossly harmful,
harassing, blasphemous defamatory, obscene, pornographic, pedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever;
c) harms minors in any
way;
d) infringes any
patent, trademark, copyright or other proprietary rights;
e) violates any law
for the time being in force;
f) deceives or
misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
g) impersonate another
person;
h) contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
i) threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting
any other nation.
15. The User shall be
required to provide the following information in the complaint :
a) In the case of a
complaint of copyright violation, a physical or electronic signature of the
Copyright owner or a person authorized to act on behalf of the copyright owner
for the purposes of the complaint, ( in which case a scanned copy of the Power
of Attorney in favour of the authorized person is to be attached),
identification of the copyrighted work claimed to have been infringed,
identification of the material on the Site that is claimed to be infringing,
the address, telephone number and e-mail address of the complaining party, a
statement that the complaining party has confirmed with the Copyright owner
that use of the material in the manner complained of is not authorized by the
copyright owner or the law, and a statement, under penalty of perjury, that the
information in the notice of copyright infringement is accurate, and that the
complaining party is authorized to act on behalf of the owner of the right that
is allegedly infringed.
b) In all other cases,
a comprehensive statement of complaint, containing the full details of the
action complained about, any documentary evidence of the same and the contact
details of the Complainant.
16. General
The operation of the
Website may be interfered with by numerous factors outside of the Company's
control. The Company shall not be liable for any default in the Website
operation, caused by circumstances beyond its control including but not
restricted to acts of God, acts of the public, enemy, decrees or restraints by
governmental authorities, internet, telecommunication, computer or utilities
failure including failures caused by
(A) acts which impose
unreasonably or disproportionately large loads on infrastructure or facilities
such as "flooding", "mail bombing" or "crashing"
of the Website; or
(B) any virus, time
bombs or other computer programming routines that may damage, detrimentally
interfere with, intercept or expropriate any system, data or personal
information, strikes, war, riots, insurrections, civil commotion and other
causes of such nature. In any such event, The Company shall for the duration of
such event be relieved of any such obligation under this Agreement as is
affected by the said event. The Company may schedule downtime on the Website
for maintenance purposes and suspend any service by posting a notice of such
downtime on the Website or such other manner as it deems fit. If there is any
unscheduled downtime in the Website during which no User can access any
service, the Company shall use all reasonable endeavors to promptly restore the
Website to its proper operating condition and notify the Users as soon as
reasonably practicable after the Website is available for use again. The
foregoing states the Company's entire liability for any loss caused by downtime
in the Website.
Any waiver by a party
of a breach of any condition/s in the Terms by the other party shall not be
construed as a waiver of any subsequent breach of any condition/s in the Terms.
If any term, condition, clause or provision of the Terms becomes invalid or be
so judged, the remaining terms, conditions, clauses and provisions shall be
deemed severable and shall remain in full force. These Terms and any rights and
licenses granted hereunder may not be transferred or assigned by User but may
be assigned by the Company without restriction. The Company may, without notice
in its sole discretion, and at any time, terminate or restrict a User’s usage
or access to the Platform (or any part thereof) and/or take down any content
uploaded by a User for any reason, including, without limitation, that Company
based on its judgement and perception believes that the User has violated or
acted inconsistently with the letter or spirit of these Terms. Further, the
Company reserves the right to block / delete / suspend the profile of the User
which might be offensive, illegal or that might violate the Terms and
Condition, communicate in abusive and / or inappropriate manner, harm or
threaten the safety of our office bearers/employees and/or other registered
prospects. In such cases subscription fee (if any) paid to the Company will be
forfeited.
The Website and the
User's use of the Website and the provision of services by the Website are
governed solely by Indian law, without regard to its conflict of law
principles. This Website is deemed to be based in Tirunelveli, Tamilnadu, India
and any posting of Contents is deemed to have occurred in Tirunelveli,
Tamilnadu, India. The User hereby consents to submit to the exclusive
jurisdiction and venue of courts in Tirunelveli, Tamilnadu, India, to the
exclusion of all other courts that may otherwise have had such jurisdiction in
all matters, liability and disputes arising out of or relating to the use of
this Website, any Contents and the provision of service by the Website. Use of
this Website is unauthorized and prohibited in any jurisdiction that does not
give effect to all provisions of the Terms including without limitation, this
paragraph.
The Company makes no
claim that the Website and materials (including Contents) on the Website are
appropriate for any particular purpose or audience, or that they may be
downloaded outside of India. Access to the Website may not be legal by certain
persons or in certain countries. If User accesses the Website from outside
India, User is responsible for compliance with the laws of User's jurisdiction.
The Company accepts no liability whatsoever, direct or indirect for
non-compliance by the Company or the Website with the laws of any country other
than that of India.
17. Customer Care /
Customer Service
In the event you come
across any concerns in our service, then please be free to contact us:
Email ID : contact@nellaimatrimony.com
Contact No : (+91)
9994848373
Address : 157 Church
Street,
Mela thidiyoor,
Tirunelveli -627152.