PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY.
Matchingwala.com (the “Site”)
for Accessing the Site (including all associated media and online or electronic
documentation) (“the Application”), are owned and operated by Ishrat Grin Icon India Pvt Ltd
Know as a (IGI India Pvt Ltd ) (“Company”). The Site and Application are hereinafter collectively
referred to as “Platform”.
The Company makes available its
services and products to you, through the Platform on the condition that you
abide by these Terms and Conditions, as updated from time to time. If you do
not accept the Terms and Conditions or you do not meet or comply with their
provisions, you should not use or access the Platform and/or avail of the
Company’s services or products via the Platform.
The Platform is an intermediary
as defined under sub-clause (w) of Section 2 of the Information Technology Act,
2000. Visitors to the Platform are granted a nonexclusive, limited license to
use and access the content and services offered in accordance with these Terms
and Conditions (the "License").
A Visitor to the platform,
whether or not he/she has made any payment for availing access and/or services
on the Platform, including the general browsers of the Platform, whether
registered or not, are hereinafter referred to as “User/Users”.
BY THE POSITIVE ACTS OF A USER
ACCESSING THE PLATFORM, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW (“Terms”). IF A USER DOES NOT AGREE WITH ANY OF THESE TERMS AND
CONDITIONS, HE/SHE SHOULD NOT ACCESS OR USE THE PLATFORM.
1. The Platform is owned and
operated by Matching Wala Internet Services, a division of IGI India Pvt Ltd. (hereinafter referred to as”
Company”), which term shall, for the purposes hereof, be deemed to include its
subsidiaries, affiliates, partners, shareholders, directors, executives,
officers, employees, agents, attorneys, accountants and any person vested with
any responsibility for any task relating to the affairs of the company), with
its registered office . BLD NO 14999, WARD 11,
NEAR BANK OF BARODA VILL-MUSTAFAPUR, P/S-AHIYAPUR, BLOCK - KANTI MUZAFFARPUR ,
BR 842004 IND.
2. The Platform is intended only
to serve as a preliminary medium of contact and information for Users who have
a bona fide intention to enter into a matrimonial alliance (“Purpose”). The
Platform does not purport to be a marriage or business bureau or a dating
/contact website.
3. Company presumes that every
User who logs on to the Platform has a bona fide intention to get married /
enter into a matrimonial alliance and not otherwise. Company under no
circumstances shall be responsible for any loss or damage resulting from
anyone's use of the Platform or the services offered on the Platform and / or
any content posted on the Platform or transmitted to Users. The exchange of
matrimonial profile(s) through or by the Platform should not in any way be
construed as a matrimonial offer and/or recommendation from or by the Company.
Company shall not be responsible for any loss or damage to any individual
arising in/out of, or subsequent to, matrimonial relations established pursuant
to use of the service provided by Company.
4. In order to use the Platform,
you may sign in using your Facebook/Google login. If you do so, you
authorize us to access and use certain Facebook/Google account information that
you choose to display publicly. For more information regarding the information,
we collect from Users and how we use it, Users are advised to visit our Privacy Policy Page.
Company collects information /
data including, without limitation, e-mail id, address, first name, last name,
telephone/mobile number, date of birth, age, gender, ethnic/cultural
background, appearance, religion, occupation, preferences, life style
information, general geographical location (“User Data”) from Users in order to
enable them to create their profiles on the Platform. Apart from this, certain
other health related information, including physical and mental disabilities
are also collected. The User Data so collected is entered in a program specially
devised for matching profiles and to provide matches for Users based on their
pre-selected partner preferences criteria. User Data is displayed only after taking
the prior consent of Users. The company does not collect financial information
of Users such as credit card/debit card numbers/bank account numbers etc.
Company shall not be able to provide access to the Platform and/or create
profiles of Users if the requisite User Data is not provided by the Users. User
hereby consents to the usage of his/her User Data to be displayed to other
Users on the Platform.
Users hereby give us permission
to use the information about their activities and actions that they have taken
on the Platform in connection with ads, offers, and other sponsored content
that the Company displays on the Platform, without charging any fees to the
Users. The Company uses data and information about Users to make relevant
suggestions and recommendations to its Users.
5. The User Data is uploaded by
the Users themselves. Company may, at its sole discretion, include all or any
portion of the listing intimated by a User for display on the Platform in any
other media including the matrimonial sections of other platforms including but
not limited to print media, community associations, websites, television shows,
DTH/IPTV Services, sites, etc. at no
extra costs to the Users and Company shall not be held liable for
usage/publicity of such information/data.
6. Users undertake not to
duplicate, download publish, modify and distribute the material on the Platform
unless specifically authorized by the Company in writing. Users undertake not
to establish any deep link or other connection to any specific page of the
Platform without obtaining the prior written consent of the Company.
7. Users undertake to use the
Platform for their personal purposes. Using content from the Platform for
creating derivative works with a commercial motive without prior written
consent from the Company is strictly prohibited.
8.The Company takes measures
including technological means on the Platform to exclude robots, scripts,
programs etc. from crawling or scraping content on the Platform. Users
undertake not to circumvent these methods.
9. Any advice, counseling,
recommendations or information provided on the Platform including information
of Users may not be necessarily correct, true or reliable, and that any
reliance placed thereon and any action taken on the basis thereof shall be
entirely / solely at the risk of the concerned User. Users hereby agree that
access to the content available on the Platform is provided by the Company to
Users on an ‘AS-IS’ and ‘AS-AVAILABLE’ basis. Users wishing to use the
information so provided are advised to conduct their own due diligence, in
respect of the content on the Platform, at their own initiative, cost, and
effort. Company does not advise/recommend a User to establish any contact/interaction
with other Users or any based on the data/information as furnished in such
User’s profile/photograph etc. and the User opting to build contact or interact
shall do it solely at his / her own risk. Company cannot be held responsible or
liable, in any manner whatsoever, in respect of any reliance placed on any
information displayed / placed on the Platform, since the same purports merely
to act as indicators of the general scenario in the related behalf.
10. Company does not
authenticate, vet, screen, endorse or investigate any information or assertion
comprised in the matrimonial listings, or any other content on the Platform,
nor does it in any manner whatsoever certify or attest the same to be correct
or true. It does not endorse matches and profiles in any manner, but an implied
presumption is cast on the Users that the information(s) furnished are
exclusively / solely to carve out / frame a suitable profile for the purpose of
matrimonial alliance based on the partner preferences criteria set by the
Users. All due diligence, effort and initiatives must be exercised by those
wishing to use any information found on the Platform, and should take adequate
precautions with the full and complete knowledge that all information contained
in the matrimonial listings have been placed there directly by Users of the
Platform without any prior intimation, consent or verification of or by
Company.
Users of the Platform are
prohibited from uploading, posting, transmitting, updating or sharing any
information 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, paedophilic,
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; harm minors in any way;
c) infringes any patent,
trademark, copyright or other proprietary rights;
d) violates any law for the time
being in force;
e) deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature; impersonates another person;
f) contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of the Platform; 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 offense or is insulting any other
nation.
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 judgment and perception believes the a User has violated or acted
inconsistently with the letter or spirit of these Terms.
11. Company is an online service
provider for Users to create their own/unique profiles envisaging certain
personal (optional) information(s) and User Data are to be displayed on the
Platform, which information is used by Users for the Purpose. Company does not
share User Data with other Users or third parties with the prior consent of the
User. Although Company shall take all reasonable precautions, Company shall not
be responsible in case such User Data so displayed on the Platform being
unauthorisedly copied / printed / published / forged / superimposed /
manipulated etc. or misused by any User. Users shall indemnify Company from all
kind of losses / damages which Company may suffer from any activities carried
out by them through improper use of the Platform/service provided by Company.
12. By listing a matrimonial
profile, or a business or personal listing or a link, or any content or
listing, on the Platform, the concerned User making or posting such listing,
and the person or persons responsible for such posting or listing, shall be
deemed to have agreed to hold Company harmless and protected against any suit
or complaint, civil, pecuniary or criminal, and against any claims or damages
(including, without limitation, interests, fines, and penalties) which may be
brought against or levied on Company on account of any matter arising out of,
or relating to, such posting / listing or response received from such
posting/listing.
13. Whilst using the Platform an
obligation is cast upon Users to only provide true and correct information and in
the case of creating a profile Users undertake at all times to keep the
information up to date. The company does not represent or endorse the accuracy
or reliability of any member / visitor profile, advice, opinion, statement or
other information displayed / uploaded through the service by Company. Company
or any of its owners, staff or agents are not responsible under any
circumstances for any action/display whether direct or indirect, which occurs
as a result of online display of information in the nature of illicit material
/ material that may be offensive to visitors / members or is patently offensive
to the on-line community or any material which may promote racism, bigotry,
hatred or physical/mental harm of any kind to any group or individual or transmit
any chain letters or junk mail or unsolicited mass mailing or spamming or
obscene material to other users / members. Company does not monitor the conduct
of Users and therefore Company does not take the responsibility of any conduct
by Users who may avail / obtain / use / exploit the online service provided by
Company in order to harass, abuse or harm another Users or use the said online
service to promote / advertise / solicit anything without their prior consent
or an act in any manner which may threaten the safety of other Users.
14. Company reserves the right
to remove / delete any content / message / photo(s) / profile or cancel the
registration / membership of a User either upon a complaint received from
another User or upon discovery of the same on its own or based on its sole
judgment and perception and it shall without notice stop providing the service
entitled to a User and forfeit all other incidental service(s) with immediate
effect along with the fee/tenure of registration as well as take appropriate
legal action against such User. By listing a profile on the Platform, it is
deemed that the said User has an intention to get married and in case it
appears to Company that at the time of listing the profile or subsequently such
User had no intention to enter into a matrimonial alliance or has changed
his/her intention, then Company shall reserve the right to remove / delete such
profile from the Platform and initiate prosecution under the law or take such
steps as may be advised from time to time. By using the Platform, it is deemed
that the User agrees not to post any content or views that may be considered
threatening, abusive, vulgar, obscene or otherwise objectionable or act
illegally or otherwise harass another user; put wrong or misleading information
in any of the details of his/her own profile; impersonate another or use the
site for any commercial purposes; or interfere with or disrupt the operation of
this site, or disobey any reasonable requirements, procedures or policies
imposed by Company from time to time.
15. Nothing comprised in the
contents of the Platform is intended or meant to induce or persuade or convince
or invite any person whatsoever to perform any action or do any such thing, or
not to perform or do, where such performance or doing, or non-performance or
not doing, constitute any contravention of any law or regulation in force for
the time being to which such person or action may be governed.
16. Company shall not be held
responsible for any interactions/ passing of information(s) etc. between any
User via e-mail, chat or any other medium with another User and Company has no
obligation, to monitor any such disputes arising between the Users and Company
shall not be party to such dispute/litigation etc.
17. Company reserves the
absolute right to modify or amend or delete, in any manner as it deems fit, any
content of any matrimonial listing placed on the Platform in order to ensure
compliance with the rules of such placement (which may include, without
limitation, the efforts and initiatives by Company to maximize response to
matrimonial listings), prima facie accuracy and the prevailing laws in force
for the time being, especially those relating to prohibition of any indecent,
unlawful or obscene content. Company reserves the absolute right to delete any
profile if it finds that the same person has created multiple profiles on the
Platform. Even if different profiles have been created with the same contact
details, Company will reserve the absolute right to delete all such profiles.
If any member refuses to give consent to a physical address verification that
Company has requested then Company will have the absolute right to either put a
"Not Verified" stamp on the profile or to delete the profile.
18. Websites to which links are
given on the Platform and the contents thereof are the sole responsibility of
the promoters of such websites and Company does not, in any manner whatsoever,
recommend, authenticate, endorse, verify or certify these websites or any
contents or links there. Company does not take any responsibility for the
privacy practice adopted by such other websites and therefore Company
recommends Users to read the privacy statement of each and every website that
they visit. Company also does not take any responsibility or endorse the
authenticity of the other online services displayed on the Platform which may
offer various services like a lucky draw, win a free trip, win free tickets,
astrology, palmistry, numerology etc. User of the Platform shall at its sole
risk and responsibility click and surf on to such other website(s) / links
which is/are being displayed on the Platform. Users shall always bear in mind
that at a single stroke/click of the mouse on such links/website, it gets
connected through the Transmission Control Protocol (TCP) / Internet Protocol
(IP) network of the said Users and not through the IP of the Platform. Company
also does not suggest/encourage Users to furnish personal information and
specially the Profile ID / User Name of the User on the Platform to such or any
other website(s).
19. Company reserves the right
to tie up with partners in future to come up with various other online
services. However, Company shall never share the information / data collected
from Users with such other partners without taking prior consent / permission
from such Users. Company in such circumstances suggests that Users peruse the
privacy policy of such partners before giving their consent or before
furnishing personal identifiable information with such other website(s).
Company is not privy to the privacy practice adopted by its partners and does
not take the responsibility in respect of the privacy policy adopted / to be
adopted by such partners. Company also reserves the right to use / share the
information / data collected from Users with its partners if a User has already
made public the information / data to Users of the Platform.
20. Company hereby specifically
disclaims any liabilities or warranties or guarantees, express, specific or
implied, which may be attributable, in any manner whatsoever, to the existence,
promotion, canvassing, contents, links, information or discontinuance of the
Platform. No claims for damages, restitution, loss-of-profits, or any other
pecuniary, civil or criminal plaints, which may be said to arise out, or on
account, of any matter contained or related to the Platform, shall lie or be
deemed to be sustainable against Company.
21. Company assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of User communications. Company is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of e-mail or players on account of technical problems or
traffic congestion on the internet or at any website or combination thereof,
including injury or damage to Users or to any other person's computer related
to or resulting from participating or downloading materials /information from
the Platform.
22. Users who visit the Platform
are classified by Company as Users with incomplete or complete profiles. Both
these types could further be free members or paid members. Company reserves the
absolute right to modify, amend, change, curtail or expand any privileges,
rights, benefits, liabilities or responsibilities of all types of paid Users or
free Users as it deems fit and these will be instantly applicable to all past,
present and future Users. Company allows free Users certain benefits
/privileges like initiating free contact via "Express Interest"
functionality, like viewing contact details of paid Users under certain
conditions etc. The quantum of these benefits and even the benefits in totality
will be at the sole discretion of Company. Company will determine at its own
discretion how many benefits it offers to every free User. Company will
simultaneously offer different levels of benefits to different free Users
Benefit restriction to free Users will be done via multiple means including
restricting access, spam filters, quotas etc.
23. Payments for the services
offered on the Platform shall be on a 100% advance basis. The payment for service
once subscribed to by the User is not refundable and any amount paid shall
stand appropriated. Refund if any will be at the sole discretion of the Company
and it offers no guarantees whatsoever for the accuracy or timeliness of the
refunds reaching the User’s card/bank accounts. Company gives no
guarantees of server uptime or applications working properly. All is on a best
effort basis and Company’s liability for losses, damages and claims hereunder
is limited to refund of amount only. Company undertakes no liability for free
services. Company reserves its right to amend / alter or change all or any
disclaimers or these Terms at any time without any prior notice. All
terms / disclaimers whether specifically mentioned or not shall be deemed to be
included if any reference is made to them. The continued usage of the Platform
by a User shall constitute deemed acceptance by the User of the amended Terms.
24. The User is solely and
exclusively responsible for maintaining confidentiality of the User password
and User identification and all activities and transmission performed by the
User through his/her user identification and shall be solely responsible for
carrying out any online or off-line transaction involving credit cards / debit
cards or such other forms of instruments or documents for making such
transactions and Company assumes no responsibility or liability for their
improper use of information relating to such usage of credit cards / debit
cards used by the subscriber online / offline. Company uses reasonable care as
is necessary to ensure that all or any data / information does not fall in the
wrong hands. The weak link in credit card transaction is securely storing the
data once received; therefore, Company does not store or keep credit card/debit
card/bank account. For the purposes of ensuring the maximum security for the
financial information of a user (such as credit card/debit card/internet banking
data) all such online payment transactions are carried out directly on the
secured platforms of payment gateways and not on the Platform.
25. Company does not warrant
that the Platform will be uninterrupted or error-free. Company provides the
service on an "as is" basis. However, Company will take all
reasonable steps to provide its users with error free, uninterrupted user
experience. There may be delays, omissions, and interruptions in the
availability of the Platform. Users acknowledge that use of the Platform is
solely at their cost and risk. Company is not responsible for suspension of the
services on the Platform, irrespective of the reason for such interruption /
suspension. Company may discontinue or change the services on the Platform or
its availability at any time, and the User is also free to stop availing the
services on the Platform at any time.
26. The Company uses third party
payment gateways on the Platform and failures in these gateways would be
communicated to the users as it is. Extra currency/conversion
charges/deductions/error issues from payment gateway shall not be the
responsibility of the Company.
27. Company has complete rights
in the Platform and the services provided thereunder. The Platform contains to
the extent protected by applicable laws, copyrighted material, trademarks, and
other proprietary information of its owners and its licensors. Except for that
information which is in the public domain or for any other information/display
for which permission have not been obtained from Company, Company reserves the
right to proceed/initiate appropriate steps under the prevailing law against
infringement of the said proprietary rights for illegal copying, modifying,
publishing, transmitting, distributing, performing, displaying, or selling of
any such proprietary information.
28. Company reserves the right
to verify the authenticity of Content posted on the site. Company if
circumstances warrant may call for / ask any of its Users to provide
documentary or other form of evidence supporting the information / User Data
posted on the Platform and the User, without any protest shall produce such
documentary / other evidence in support of such information and if the User
fails to produce such information within a reasonable or stipulated time frame,
Company may, in its sole discretion, terminate the profile/access to the
Platform and forfeit the advance without a refund and take appropriate steps
under the provisions of law. Company also reserves the right to investigate and
take appropriate legal action without limitation at its sole discretion against
any User who violates / misuses the online services and terminating the
profile/access to the Platform of such violators without prior intimation who
utilise the Platform in any manner which brings into disrepute or impairs the
interests and functioning of Platform or the Company.
29. Company also reserves the
right to investigate and take appropriate legal action without limitation at
its sole discretion against any User who violates / misuses the online services
and terminating the profile/access to the Platform of such violators without
prior intimation who utilise the Platform in any manner which brings into
disrepute or impairs the interests and functioning of Platform or the Company.
30. Company does not take the
responsibility of any information posted by its Users on the Platform, any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights and
in case Company receives/discovers any such infringement, the said User may be
called for / asked to furnish / provide evidence / relevant information in
support of such display like an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest or a
description of the copyrighted work that may have been infringed or information
or a written statement that the User under bona-fide faith belief that the
disputed information does not lead to any authorized use or infringement of
copyright etc, under the law or a statement that the User is liable to penalty
of perjury in case any of the information/statement furnished is proved
otherwise or a declaration that the information displayed/posted is accurate
and the User is itself the copyright owner or authorized to act on the
copyright owner's behalf.
31. Company has no obligation to
monitor the activities of its Users. However, Company has the right to monitor
the Platform electronically from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental request, to
operate the Platform properly, or to protect itself or its Users. Company also
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or violative of provision of law.
32. The usage of this Platform
and any disputes/issues arising out of it shall be subject to the applicable
laws in force for the time being in the NCT of Delhi irrespective of
conflicting provisions of law and to the exclusive jurisdiction of courts
located in New Delhi.
33. In case Company receives any incriminating evidence/complaint against any User from other Users of the Platform or if Company, through data available to it from its servers, suspects misbehaviour on any User’s part, it reserves the right to impose restrictions on the User’s account which include but may not be confined to preventing the User under question from making multiple contacts and restricting the user to only contact members whose desired partner profile the User satisfies.
34. All services which are
defined by time period indicated in months shall imply 1 month to be equal to 30
days and for any longer durations service the total duration in days will be
the number of months multiplied by 30.
35. Company guidelines prohibit
members to give their name and/or contact details in any form - Email, Phone
nos., Messenger Ids, Postal address etc in any fields other than the specific
ones where the same information is asked. If any member who puts the above
information in any field other than the one meant for that purpose then the
Company screening team will remove the same.
36. Users of the Platform are
consenting for receiving
a) Membership Emails: Emails
conveying the benefits of paid membership to Users. These are sent to the Email
address mentioned by the Users in their profile.
b) Important Notifications from
the Platform – Messages/notifications are sent to Users to inform them of
various alerts related to usage of the Platform. . These will be communicated
to the Users by Email/app notifications etc. or on their Landline/Mobile from a
non-140 number via SMS/MMS/VMS/USSD/IVR/Calls etc.
c) Membership SMSs/Calls: SMSs
or phone calls shall be sent conveying the benefits of paid membership to
Users. Users will receive these calls or SMS on any of the phone numbers
mentioned by Users on their profile, if they have subscribed to calls/ SMS in
their alert manager settings.
37. Promotional Mails -.
Promotional emails are sent to members on their Email ids, if they have
subscribed to promotional emails in their alert manager settings.
38. If a member does not wish to
receive communication from the Company, then he needs to go to the
"Settings" section in his profile and choose/disable for the modes
(Emails / SMS / Calls / USSD / Messenger messages / IVR) and types of
communication which User either wants to or does not want to receive. Types of
communication are the specific messages based on profile attribute or Platform
interactions between members. Platform may also provide for different message
types and modes, other alternative ways to unsubscribe".
39. Users who sign up for Matching
Wala Exclusive services allow the Company to find suitable candidate/prospects
on their behalf as per their instructions via Telephone, SMS, profile action on
Matching Wala Platform, face to face interaction or any other means/modes of
communication.
40. Creation of duplicate
profile on Matching Wala is prohibited. In case the user has forgotten his
password he can use the password retrieval option. Forgetting password, User
ID, reaching contact limits or any other reason for creating a 2nd profile on Matching
Wala is not allowed. IGI India Pvt Ltd reserves the right to delete/block this profile or restrict access of
this profile to use the Platform. IGI India Pvt Ltd at its own discretion can decide to
delete/block/restrict access of 2nd profile or the original profile or both
profiles in all cases where duplicate profiles have been found.s
41. Membership Renewal: People
who have subscribed to Basic, eRishta, eValue, eAdvantage, Pro, Pro Lite or Matching
Wala Exclusive have an option to renew their services. If the renewal happens
before the expiry date, then any unused "Contact Views" available
with the original pack are carried forward except when renewing to ‘’Basic’’
plan . Contact Views are the facility wherein members can see contact details
of other members who have not filtered/rejected/ignored them. If a member
renews his membership after the expiry of current membership, then it is
treated as a fresh membership and unused "Contact Views" of the
previous membership are not carried forward. These conditions hold even if the
renewal of the subscription is bundled with a special
"Renewal/Repurchase/Loyalty" offer. Purchase before or after renewal
date is the only criteria which determines if unused "Contact Views"
are carried forward or not.
42. Your "Name" will
be visible to other members who are Matching Wala Paid subscribers either if
they "View Your Contact Details" or if you have sent them an
Acceptance. Information filled by a member is visible on the profile page. This
page is indexed by Google/Ask/Bing/Yahoo and other search engines. If a search
engine user types a query then your profile page may be visible in
Google/Bing/Yahoo etc. search results. All details which you have put will be
visible unless the same has been explicitly hidden by you using appropriate
Platform profile privacy settings.
43. Use of certain features on
the Platform is governed by rules. For example if your phone number is not
verified then you cannot contact other members via "Express Interest"
or even if the same is happening then that privilege can be blocked by Company
at any time without giving any notice. Similarly, If your phone number is not
verified then even as a person who has availed a "Paid Service" you
will still not be able to view phone/email/contact details of other members via
any option on the Platform. For verifying your phone number, there are
verification prompts across the Platform which guide you on how to verify your
phone. If the same is not clear then it is the member's responsibility to call
customer care of Platform from the number which he/she wishes to verify.
44. Any paid
membership/Consumable Plans like Basic, s, eValue, e Advantage, JS exclusive,
Pro Lite, Pro, Trial Pack, etc. are non-transferable. Any membership which is
purchased is being purchased for the individual/profile and cannot be used for
any other profile in his/her family/friends/acquaintances etc. If a profile is
deleted for whatsoever reason then that persons membership lapses.
45. At times when a member tries
to access the phone/email of another member, he can get a message which asks
him to "View Phone/Email tomorrow - Contact limits reached of
recipient" or any message which means the same. In these cases the member
just needs to visit the same profile again the next days and use his quota of
"View Contacts".
46. 'Contact Details' may
consist of one or more of the following details - a. Mobile number(s), b.
Landline number and c. Email address. Having a paid subscription apart from
Basic plan unlocks access to 'Contact Details' subject to the following
conditions: i. Access to Contact Details may be restricted based on privacy
settings with respect to phone number(s) or contact filters opted by the other
person or if the other person has blocked, declined or cancelled interest, ii.
A fair usage limit of at most 10 contact views per month of subscription
duration applies for viewing contact details of people who are not 'Accepted
members' or are excluded due to conditions i) above, and iii. Access to contact
details is not possible if the other person is not an accepted member and the
other person’s contact details have already been viewed 10 times during the
day. Except for those opting for Basic plan, there is no usage limit for
accessing contact details of accepted members for paid subscribers.
47. Paid Membership is
co-extensive with the profile, membership expires as soon as the profile is
deleted and cannot be reactivated.
48. In the eAdvantage/JS
Exclusive unlimited plan, Featured Profile service will have a validity of 1
year, and will be discontinued 1 year after the purchase of eAdvantage/JS
Exclusive Unlimited plan. The rest of the services available under this plan
will have unlimited duration, subject to the limitation that one profile is
meant to be utilised for one alliance only.
49. 'Featured Profile'
subscribers will be considered to be shown at the top of search results only if
they regularly login to their account. If 'Featured Profile' subscribers don't
access the Platform for more than 15 days, they will be removed from the pool
of users considered for being shown at the top of Search Page.
50. Consumable plans like
contact views, spotlight, kundli milan etc. Will expire in 1 year unless
otherwise specified.
51. Profile viewing limits,
decided based on the membership status of the user are subject to change at any
time.
52. All membership benefits like
spotlight, contact views etc. Will expire with the membership, unless renewed
before expiry.
53. Sending of Response Booster
interests on behalf of Response Booster subscribers is subject to them
regularly accessing their accounts. If an account is not accessed for more than
15 days, Response Booster interests will be stopped until the subscriber
accesses his/her account.
54. Any profile deleted by the
profile user cannot be retrieved under any circumstances.
55. Coupons generated for
referrals on Jeevansathi have an expiry date of one year from the date of
generation. Coupons will only be awarded to the referrer and the referee if the
referee registers from the link sent by Jeevansathi (on Email or through share
options). However, coupons are not valid for USD Payments, coupons are not
valid on Plan upgrades, coupon code discounts cannot be combined with any other
offer on the Platform and coupons cannot be availed on two (2) month and four
(4) month plans.
56. Unless otherwise specified
and notwithstanding anything contained in any other agreement or arrangement,
by whatever name called, the performance obligation of Company (service
provider) is to provide access of its on-line portal to the customer for the
duration of the subscription period & reference to any usage, by whatever
name called or any other performance obligation, if any, is to provide the
upper limit for consumption, which by itself, does not create any additional
performance obligation upon Company.
57. We do housekeeping of
profiles thatss are not logged in for a period of 12 months. We remove all the
data associated with the profile during housekeeping.
58. The pricing and the contact
views allotted will be on prorata basis as computed by Matching Wala . The plan
upgrades will be valid till the expiry of the original plan bought.
Restriction / Prohibitions
The following actions will inter
alia constitute a misuse of the Platform and are strictly prohibited:
(i) Copying, extracting,
downloading, sharing, modifying, selling, storing, distributing, making
derivate works from or otherwise exploiting any content, data, information,
including profiles, curriculum vitae, photographs and/or graphics, available on
the Platform and/or any services or products of the Company, in any manner or
for any purpose which is not, consistent with the Purpose and/or in accordance
with the Terms of Use.
Users are expressly prohibited
from using or exploiting the Platform and/or any content or data provided
therein for:
(a) any commercial purposes such
as creating alternate databases, extending access to the Platform to third
parties without prior written consent of the Company; and/or
(b) undertaking any business
activity which is in competition with the business of the Company; and/or
(c) for seeking fees in any name
whatsoever; and/or
(d) approaching
candidates/jobseekers for any purposes other than for specific existing
vacancies; and/or
(e) Sharing access with persons
who are not contracted with the Company.
(f) Reselling the
products/services offered by the Company.
(ii) (Using or attempting to use
any automated program, software or system or any similar or equivalent process
(including spiders, robots, crawlers etc.) to access, navigate, search, copy,
monitor, download, scrape, crawl or otherwise extract in any manner, any data
or content including but not limited to adding or downloading profiles, contact
details, or send or redirect messages from the Platform;
(iii) Gaining or attempting to
gain unauthorized access (inter alia by hacking, password “mining” or any other
means) to:
(a) any portion or feature of the
Platform or any of the services or products offered on or through the Platform
which are not intended for you;
(b) any server, website, program
or computer systems of the Company or any other third parties and/or Users;
(iv) Modifying the services
provided through the Platform or their appearance using any technology or
overlay any additional offering on top of such services or simulate the
Platform’s services or its functions in any manner whatsoever without explicit
consent obtained in writing by approaching us at legal@jeevansathi.com.
(v) Accessing the Platform
through interfaces other than those expressly provided by Company;
(vi) Attempting to breach or
breaching any security or authentication measures set up by the Company in
relation to the Platform and/or attempting to probe, scan or test the
vulnerability of the Company’s system or network;
(vii) Scraping, downloading
(including bulk- downloading), replicating or otherwise extracting any
information or data from the Platform (by any process, whether automatic or
manual) to offer any products or services which are similar to or may in any
manner compete with the products or services of the Company;
(viii) Reverse engineering,
decompiling, disassembling, deciphering or otherwise attempting to do any of
the aforesaid or deriving the source code for the Site or Application or any
related technology or any part thereof;
(ix) Circumventing or attempting
to circumvent any technological protections used or employed by the Company or
by any third party in order to protect the content on the Platform and/or to
exclude robots, spiders etc. from crawling and /or scraping content from the
Platform.
(x) Bypassing or circumventing
or trying to circumvent any service limits including but not limited to Search
limits, Captcha limits and occurrences on different triggers
(xi) Interfering with or
disrupting or attempting to interfere with or disrupt (including by using any
device, software or routine), the use of the Platform or any computer networks
connected to the Platform, by any other User;
(xii) Developing, using or
attempting to use any automated program, scripts, robots, third party software
or system or any similar or equivalent process (including spiders, robots,
crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites,
mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor,
download, scrape, crawl or otherwise extract or modify in any manner, any
data or content from the Platform without explicit consent obtained in writing
by approaching us at legal@jeevansathi.com;
(xiii) Impersonating any other
person or entity, or making any misrepresentation as to your employment by or
affiliation with any person or entity;
(xiv) Forging headers or in any
manner manipulating identifiers in order to disguise the origin of any user
information;
(xv) Stalking, threatening, or
in any manner harassing any other User;
(xvi) Imposing an unreasonable
or disproportionately large load on the Platform infrastructure;
(xvii) Engaging in “framing,”
“mirroring,” or otherwise simulating the appearance or function of the Platform
(or any part thereof) and providing deeplinks into this Platform (or any part
thereof) without prior permission of Company;
(xviii) Spamming the
Platform/Company or any other Users including by uploading, posting, emailing,
SMS, transmitting or otherwise making available either directly or indirectly,
any unsolicited bulk e-mail or unsolicited commercial e-mail.
(xix) Using the Platform or the
contact details of Users for transmitting marketing and promotional mailers/
Offensive messages/ messages or communications using any media that are
unrelated to matrimony or sending unsolicited commercial
communications with misleading subject lines in order to intentionally obfuscate
the original message.
(xx) Hosting, modifying,
uploading, posting, transmitting, publishing, or distributing any material or
information that:
a. Violates any applicable
local, provincial, state, national or international law, statute, ordinance,
rule or regulation for the time being in force;
b. Belongs to another person and
to which you have no right;
c. Infringes, breaches or
otherwise contravenes the rights of the Company or any third party, including
any copyright, trademark, patent, rights of privacy or publicity or any other
proprietary rights;
d. Contains computer viruses, or
other computer code, files or programs designed to disrupt, destroy or
interfere with or limit the functioning of the Platform, or any other computer
system or resource;
e. Is grossly harmful,
harassing, invasive of another's privacy, hateful, disparaging, relating to or
encouraging money laundering or gambling in any manner, any content which is or
may potentially be perceived as being harmful, threatening, abusive, harassing,
defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene,
or racially, ethnically, or otherwise unlawful in any manner whatsoever;
f. Which constitutes or
encourages conduct that would constitute a criminal offence, give rise to other
liability, or otherwise violate applicable law;
g. That deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
h. That harms minors in any way;
i. That threatens the unity,
integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting to any
other nation.