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