Terms & Conditions of Usage
1.Use of the Website
Welcome to zindagimatrimony.com is a subsidery concern of Madhyamam owned by Ideal Publications Trust (hereinafter referred to as "the IPT "(, which term shall mean and include its subsidiaries, affiliates, 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 email@example.com and 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, video, 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 temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof. The IPT'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 IPT 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 IPT without any notice to you if you violate any part of the Terms or for any reason whatsoever.
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 IPT 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 IPT 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 IPT Users will be required to register with the Website. The first step in the registration process is for you to fill up the registration form available at zindagimatrimony.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. 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 IPT 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 IPT 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 IPT disclaims any liability for such loss, theft or unauthorised use and consequences thereof, on receipt of such notification from you, the IPT 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 IPT has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the IPT 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 IPT 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.
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 IPT 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 IPT'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 IPT and its authorised 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 IPT does not accept any obligation to monitor the Content, the IPT 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 IPT 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 IPT may delete the Content and / or terminate your registration with the Website without a refund of any subscription paid by you. Notwithstanding the IPT'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 IPT does not 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 IPT 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 IPT 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 IPT 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 IPT with respect thereto, and agree to indemnify and hold the IPT 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 IPT 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 IPT 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 firstname.lastname@example.org indicating the non-adherence so as to enable the IPT to take appropriate action as deemed necessary by the IPT. The user has to inform the IPT that the User has married another User of the Website and he wishes to update the Website with a success story. The IPT 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 IPT also reserves the right to publish the success story at its discretion.
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 IPT all of the license rights granted herein.
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 learned 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 IPT or any third party.
d.your Content shall not contain material that is abusive, unlawful, obscene, vulgar, defamatory, libelous, threatening, pornographic, profane, threatening, abusive, harassing, hateful, indecent, racially, religiously or ethnically offensive or otherwise objectionable or offensive in any manner, or encourages conduct that would be considered a criminal offence, give rise to civil, tortious or criminal liability 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).
f.you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
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 for the 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 IPT.
n.you will not to 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 IPT'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 and Security Policy
The IPT 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 unauthorised 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.
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 IPT 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 IPT or its affiliates' rights, interests or property;
c.Enforce the terms and conditions of these Terms;
d.Enable the IPT 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 IPT's services).
By Using the Website, you agree to receive certain specific email from the IPT 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 email@example.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 IPT or any of its affiliate companies.
7.Collection and Use of Personal Information
8.Intellectual Property Rights
All parts of the Website except Content posted by User's of the Website are owned by the IPT and / or its suppliers/affiliates/business partners and is 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 IPT 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 IPT shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to the IPT 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 IPT or any third party's intellectual property rights, other or further than as expressly provided in these Terms, whether by implication, estoppel or otherwise.
THE WEBSITE AND ALL SERVICES PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE IPT 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 SERICES PROVIDED BY THE WEBSITE. THE IPT 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 IPT 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 IPT 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 IPT 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. USER HEREBY ACKNOWLEDGES THAT ANY RELIANCE ON MATERIAL POSTED BY THE IPT 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 IPT. THE IPT 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 IPT 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 IPT 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 IPT 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.
By using this Website you agree to defend, indemnify, and hold harmless the IPT, 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 one of your Contents caused loss or damage to a third party or User; or
e.User's violation of any law.
This defence and indemnification obligation will survive these Terms and User's use of the Website.
12.Third Party Sites
Any subscription fee paid for registration with the Website or for availing any services therefrom shall NOT be reimbursed under any circumstances whatsoever.
The operation of the Website may be interfered with by numerous factors outside of the IPT's control. The IPT 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 IPT shall for the duration of such event be relieved of any such obligation under this Agreement as is affected by the said event.
The IPT may schedule downtime in 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 down time in the Website during which no User can access any service, the IPT 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 IPT'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 IPT without restriction. 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 Kottayam, Kerala, India and any posting of Contents is deemed to have occurred in Kottayam, Kerala, India. The User hereby consents to submit to the exclusive jurisdiction and venue of courts in Kottayam, Kerala, 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 IPT 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 IPT accepts no liability whatsoever, direct or indirect for non-compliance by the IPT or the Website with the laws of any country other than that of India.