PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. Dhammametta.in (the “Site”) and for Accessing the Site (including all associated media and online or electronic documentation) (“the Application”), are owned and operated by Info Edge (India) Limited (“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 a bid 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 THETERMS AND CONDITIONS SET FORTH BELOW (“Terms”).
IF A USER DOES NOT AGREE WITH ANY OF THESETERMS AND CONDITIONS, HE/SHE SHOULD
NOT ACCESS OR USE THE PLATFORM.
It is generally understood that if a person creates a
profile for another person on the Platform, the person creating the profile has
obtained implicit consent from the person on whose behalf he/she is acting for
the act of creating such profile to do so. However, the person whose profile is
created retains the right to request the deletion of his/her profile at any
time. Please note that the Company/Platform does not encourage the creation of
profiles without explicit consent and reserves the right to refuse access to
the Platform
1.
The Platform is owned and operated by Atulya Multiservices,
a division of Info Edge (India) 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 currently located at Bhusawal - 425201.
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. Company collects
information / data use, and disclose your personal information 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 especially 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 prior consent of Users.
Company does not collect financial information of Users such as credit
card/debit card numbers/bank accounts 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 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 recommendation to its Users. The Platform
utilizes various third-party apps to provide a comprehensive user experience.
By using the Platform, you acknowledge and agree that you may be subject to the
terms and conditions and privacy policies of these third-party apps. It is your
responsibility to review these policies before using any linked which services.
When you create a profile on Jeevan Athi, certain anonymized details may be
visible to external visitors. This information does not include any personally
identifiable information (PII) unless you explicitly choose to share it. You
can control what information is displayed and visible through your account
settings.
5.
The User Data is uploaded by the Users themselves or through
any of the Dhamma Metta offline centers displayed on the Platform. 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, mobile wrap 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 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 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, counselling, 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 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 what so ever, 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
carveout / 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; impersonate 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 cognisable offence or prevents investigation of any offence 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 judgement and
perception believes 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 suitor 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. 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 ProfileID / 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 Bay 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 errorfree, 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 oar 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 impart, 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 enforce 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.
All members of Platform are restricted to the following
number of contacts they can make via the "Express Interest" option on
the Platform.
Daily Limit : 225
Weekly Limit : 575
Monthly Limit : 1400
34.
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.
35.
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.
36.
Company guidelines prohibit members to give their name
and/or contact details in any form - Email, Phonemes., 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.
37.
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 byEmail/app notifications etc. or on their Landline/Mobile from a non-140 number viaSMS/MMS/VMS/USSD/IVR/Calls etc.
c. Membership SMSes/Calls: SMSes or phone calls shall be sent conveying the benefits of paidmembership to Users. Users will receive these calls or SMS on any of the phone numbers mentioned byUsers on their profile, if they have subscribed to calls/ SMS in their alert manager settings.
38.
Promotional Mails - . Promotional emails are sent to members on their Email ids, if they have subscribed to promotional emails in their alert manager settings.