These Terms and Conditions governs your use of our website (WWW.JANAMJANAMKASATH.COM), domain, mobile applications and other related digital or physical product or services of “JANAM JANAM KA SATH” (hereinafter collectively referred to as “JANAM JANAM KA SATH”).
JANAM JANAM KA SATH including its , Name, style, logo, trademark, intellectual property, brand, value, business, website, domains, mobile app and other digital or physical product or services is operated and maintained by the company M/s. Advantage Intellect Private Limited a company incorporated under the Companies Act, 2013 and having its registered office at B-403/404 Aadinath Palace, near Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State, India- 421301., who is the sole owner and of “JANAM JANAM KA SATH” and governs these Terms & Conditions. (herein after 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)
The Company reserves the right to take legal action (civil and/or criminal) for any violation of this User Policy by the User.
JANAM JANAM KA SATH 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. This is an advertising platform providing targeted advertising services for matchmaking alliances. The Site is for the personal use of individual members to advertise and promote their profiles for the purpose of finding relevant matches and cannot be used in connection with any commercial endeavours.
The Site is a serious matchmaking platform to seek a life partner for marriage and is not a casual dating site. It does not purport to be a marriage or business bureau or a dating /contact website.
Our site should be used only for the purpose of finding life partner. You herewith confirm that you, intend to seek a life partner and that you shall not use this site for casual dating.
Company endeavour to provide all possible assistance to the Police department (Cyber Crime Investigation Cell) or any other statutory investigation agency to tackle fraudulent users of JANAM JANAM KA SATH, on being specifically instructed by the said authorities to do so.
The Company reserves the right to take legal action (civil and/or criminal) for any violation of this Terms and Conditions by the User.
This Terms and Conditions of use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. In order to use the JANAM JANAM KA SATH services you must register as a member on our website/ community sites/ mobile applications ("Site"). JANAM JANAM KA SATH is intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
This “Terms and Conditions” document constitutes an “Electronic Agreement” between the Company and the User of JANAM JANAM KA SATH under the laws applicable to the User. This electronic record is generated by a computer system and does not require any physical or digital signatures. You agree that this electronic agreement, made on or through the website, entered into a relationship between You and the Company.
These "Terms and Conditions" apply to all Company's customers, affiliates, members, subscribers, or persons who visit or access the Company's website or/and use JANAM JANAM KA SATH in any manners.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE ANY PRODUCTS OR SERVICES RELATED TO JANAM JANAM KA SAATH IN ANY WAY AND LEAVE THIS SITE.
YOUR USE OF JANAM JANAM KA SATH SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND WITH THESE “TERMS AND CONDITIONS”.
Company reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to User. It is User responsibility to review these Terms and Conditions periodically for updates / changes. Any such changes will be posted on this page and will be effective from the moment it is posted. By using JANAM JANAM KA SATH (our website, mobile app and any of digital or physical products or services) continuously, you consent that you are agree to our updated/revised Terms and Conditions.
1 - DEFINITIONS.
The terms “We” / “Us” / “Our” used in these “Terms and Conditions” refer to the “Company”.
The terms “You”/ “Your”/ “Yourself” “customer” “subscriber” “member” used in these “Terms and Conditions” refer to the User of the JANAM JANAM KA SATH.
If you will be using the JANAM JANAM KA SATH on behalf of others, you agree to these Terms on behalf of that person and you represent that you have the authority to do so. In such case, “you”, “your”, “customer” “member” “user” will refer to that person.
The term “Applicable Law” applicable laws, rules, regulations, circulars, orders or other instructions (having force of law) of any government, legal or judicial authority in the territory of the User.
“Affiliate” means any entity which directly or indirectly controls, is controlled by or is under common control with an entity.
“User” means a person, using the JANAM JANAM KA SATH, including the general visitors or browsers of our website, whether registered or not, whether using free or paid services.
“User Data” means all data (including Personal Data and End User data) that is provided to JANAM JANAM KA SATH by User, or on behalf of, Customer through Customer’s use of the Services, and any data that third parties submit to Customer through the Services.
“End Users” means Customer’s employees, agents, independent contractors, and other individuals authorized by User/Customer to access and use the Services.
“Intellectual Property Rights” means current and future worldwide rights under patent, copyright, design rights, trademark, trade secrets, domain names and other similar rights, whether registered or unregistered.
“Order Form” means an order form, sales order, purchase order, sales quote, or similar document referencing and made under this Agreement and signed by the parties.
“Personal Data” means information relating to a living individual who is, or can be, reasonably identified from information, either alone or in conjunction with other information (a "Data Subject"), within User’s/Customer’s control and which is stored, collected or processed within one of User’s/Customer’s JANAM JANAM KA SATH End User accounts.
“Services” means the digital or physical products and services offered by JANAM JANAM KA SATH.
Some of our services may also have additional terms that apply. You should read all those applicable terms as well.
“SSTs” means service-specific terms that apply to specific Services located here and that are incorporated into and form a part of this Agreement.
“Content” means notes, messages, emails, billboard postings, photos, drawings, data, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website.
“Site” means our website/ community sites/ mobile applications or our other digital platforms.
“JANAM JANAM KA SATH” means the Name, brand, domain, website, (www.janamjanamkasath.com), mobile applications, content, logos and other digital or physical product or services which represent to JANAM JANAM KA SATH portfolio of the Company.
2 - Membership Eligibility
- Use of the JANAM JANAM KA SATH is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged and insolvents etc. are not eligible to use the JANAM JANAM KA SATH.
- To register as a /subscriber/member/user of Janam Janam Ka Saath or use this Site, you must be legally competent and of legal marriageable age as per the laws of India (currently, 18 years or over for females and 21 years or over for males).
- JANAM JANAM KA SATH is only to facilitate personal advertisement for lawful marriage alliance between persons who are legally competent to enter into matrimony under the laws to which they are subject. Membership in the Service is void where prohibited.
- By using this Site, you represent and warrant that you have the right, consent, authority, and legal capacity to enter into this Agreement; submit relevant information to us; and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into matrimony.
- If you are creating the profile on behalf of your friend/sibling/children, you hereby agree that you have the required permission from the particular person whose profile is created on JANAM JANAM KA SATH site by you. Impersonation is crime and punishable under various laws.
- You are strongly advised to submit copy of your Driving License, Aadhar card, Passport or any other Government issued identity and add a trust badge to your profile.
- If at any time Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation, Company reserves the right to forthwith terminate your subscription /membership and / or your right to use the Service without any refund to you of any of your unutilized subscription fee.
3 - Subscription Services
3.1 License and Term.
- License: Subject to the terms and conditions of this Agreement, Company grants Customer a non-exclusive, non-transferable right to access and use the JANAM JANAM KA SATH during the subscription term.
- Subscription Term. The initial term of each subscription is specified on the Order Form. Subscriptions will automatically renew at the end of each subscription term for additional periods equal to one year, unless either party gives the other written notice of non-renewal at least 30 days before the end of the then-current subscription term.
- Subscription Units Added Mid-subscription. An Order Form may be used to add more subscription units (e.g. seats or packages) to a subscription during a subscription term. The per unit pricing for those additional subscription units will be as specified on the Order Form of the underlying subscription (or, absent such specification, at the same per unit pricing as the underlying subscription pricing), prorated for the portion of that subscription term remaining at the time the subscription units are added. Any such additional subscription units will renew or terminate on the same date as the underlying subscription. Subscription units relating to a Service cannot be decreased during a subscription term for that Service.
4. SERVICES FEATURES AND TERMS.
4.1- We advertise user profiles on our site so that other users can match the credentials to find their best life partner. Users hereby give us permission to use their Content or 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 User Data is uploaded by the Users themselves, by their authorised representatives or through any of the JANAM JANAM KA SATH marriage matching centres to display on the Site.
- Company does not authenticate, vet, screen, endorse or investigate any information or assertion comprised in the matrimonial listings, or any other content on the Platform, nor does it in any manner whatsoever certify or attest the same to be correct or true. It does not endorse matches and profiles in any manner, but an implied presumption is cast on the Users that the information(s) furnished are exclusively / solely to carve out / frame a suitable profile for the purpose of matrimonial alliance based on the partner preferences criteria set by the Users.
- All due diligence, effort and initiatives must be exercised by those wishing to use any information found on the Site, and must 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 JANAM JANAM KA SATH without any prior intimation, consent or verification of or by Company.
- The Company neither guaranteed nor provide any warranty regarding the credentials of the other users who downloads the information and uses it to make contact.
- It shall be the sole prerogative and responsibility of the individual to verify the authenticity of all or any of the credentials obtained as per the profile being displayed by the Company before planning any dating/meeting with the other member or potential life partner and the Company does not assume any responsibility in respect thereof.
- The subscriber/member/user shall certify that the information/data provided by it to the Company is accurate and correct.
- Company shall in no way be held liable for any information received by the any other member /user/ potential life partner and it shall be the sole responsibility of the individual to check, authenticate and verify the information/response received at its own cost and expense.
- The User/representative/relative shall be deemed to give an undertaking to the Company that the profile being advertised on behalf of others is genuine and that they have the right to create and operate such an account from the original person.
- Company offers neither guarantee nor warranties that there would be a satisfactory response or any response at all once the profile is put on display.
- The match mails or the match search results shown to you by the system are based on the partner preference details submitted by you in your profile.
- The Site is for the personal use of individual members to advertise and promote their profiles for the purpose of generating accepts from relevant matches and cannot be used in connection with any commercial endeavours. This includes providing links to other web sites, whether deemed competitive to JANAM JANAM KA SATH or otherwise. Organizations, companies, and/or businesses cannot become Members of JANAM JANAM KA SATH and should not use the JANAM JANAM KA SATH Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- The exchange of content, personnel information or matrimonial profile(s) through or by the JANAM JANAM KA SATH 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 services provided by Company.
- The Company prohibit members to give their name and/or contact details in any form - Email, Phone nos., Messenger Ids, Postal address etc in any fields other than the specific ones where the same information is asked. If any member who puts the above information in any field other than the one meant for that purpose then the Company screening team will remove the same.
- The Company reserves the right in it's sole discretion to review the activity and status of each account and block access to the member based on such review
- Uploading of multiple resume/profile by the same person using the same or different accounts shall entitle Company to remove the resume/profile/data without notice or refund to the subscriber/user.
- Although Company cannot monitor the conduct of its Users of the JANAM JANAM KA SATH Site, it is also a violation of these rules to use any information obtained from other users 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.
- Company reserves the right to screen communications/advertisements that you may send to other User(s) and also regulate the same by deleting unwarranted/obscene communications/advertisements at any time at its sole discretion without prior notice to any User.
- Apart from our website, Company may, at its sole discretion, include all or any portion of the listing intimated by a User for display on the Site 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 wap sites etc. at no extra costs to the Users and Company shall not be held liable for usage/publicity of such information / data.
- Although Company shall take all reasonable precautions, Company shall not be responsible in case such User Data so displayed on the Site being unauthorisedly copied / printed / published / forged / superimposed / manipulated etc. or misused by any User.
- 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 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 and refund who utilise the Platform in any manner which brings into disrepute or impairs the interests and functioning of Platform or the Company.
- Company may delete all those data/accounts/profiles without any notice and refund which are not logged in for a period of 12 months.
4.2 Changes to Service features. Company continually changes and improves the Services. Company reserves its right to change the service features, look, feel, design, prominence, depiction, classification of the site of JANAM JANAM KA SATH at any time without assigning any reason and without giving any notice.
5 FEES AND PAYMENT.
5.1 Fees. Customer will pay to JANAM JANAM KA SATH all applicable fees for the services/ Subscription specified in each Order Form. Except as otherwise specified in this Agreement or prohibited by applicable law, payment obligations are non-cancellable, and fees paid are not refundable.
5.2 Subscription. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Our Subscription is neither re-saleable nor transferable by the subscriber to any others.
Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
JANAM JANAM KA SATH may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. JANAM JANAM KA SATH will provide you with advance notice of any change in fees.
5.3 Charges for Subscription. You agree to pay to company decided fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Company will commence providing services only upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.
If a member renew his membership after the expiry of current membership, then it is treated as a fresh membership and unused credits of the any previous membership features are not carried forward.
If you have elected to pay the fees by debit/credit card, you represent and warrant that the debit/credit card information you provide is correct and you will promptly notify Company of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
5.4 Invoicing and Payment Terms. Payment terms shall be specified in each Order Form. An invoice will be issued upon execution of the Order Form. Multi-year orders and renewals will be invoiced on an annual basis.
5.5 Taxes. All amounts payable by Customer under this Agreement are exclusive of any applicable taxes, levies, duties, or similar governmental assessments of any nature (including value-added, sales, and use taxes). “Taxes” that may arise in connection with Customer’s purchases under this Agreement. If any such Taxes arise, Customer will pay such Taxes in addition to all other amounts payable under this Agreement, unless Customer provides Company with a valid tax exemption certificate or other documentary proof, issued by an appropriate taxing authority, that no tax should be charged. If Customer is required by law to withhold any Taxes from its payments to Company, Customer must provide Company with an official tax receipt or other appropriate documentation to support such payments.
5.6 Currency. All monetary amounts in this Agreement are denominated in Indian rupee (INR). Fee payments by Customer must be received by Company in the same currency as such fees were billed.
5.7 Overdue Fees. Company may charge Customer interest on overdue fees at the rate of 2% per month on the amount overdue. If any amount is overdue by thirty (30) days or more, Company may limit functionality or suspend provision of Services to Customer until such amounts are paid in full.
5.8 Overage Fees. Any overage fees incurred by Customer will be billed in arrears at the rate listed on the Order Form. The additional units will be charged at the per unit pricing for those additional units as specified on the Order Form for the underlying subscription (or, absent such specification, at the same per unit pricing as the underlying subscription pricing), prorated for the portion of that subscription term remaining at the time the subscription units are added.
5.9 User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and JANAM JANAM KA SATH Website.
5.10. Buyer's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ online and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between user and the respective Issuing Bank.
6 CUSTOMER/USER OBLIGATIONS.
Prevent fraud! The Company or its officials never ask for your login ID, Password /and or OTP. Don’t share on call/emil/sms/site.
6.1 User Account: You need to create a user account with a secure password to use our Services. Don’t share your to passwords with anyone. You are responsible for anything that happens under your accounts. Ensure that you log out from your account at the end of each session. Account deleted by the user cannot be retrieved under any circumstances.
6.2 Account Security: Your password is the key to your account. You shall be solely responsible for keeping your password secure. Do not disclose your user id, password or OTP to anyone and ensure that you log out from your account at the end of each session. You are responsible for maintaining the confidentiality of your login credentials used by you to access the Services, and you are solely responsible for all activities that occur under your account. You agree to notify the Company immediately of any disclosure or unauthorized use of your Account or any other breach of security.
6.3 End User Activities. Customer is responsible for ensuring that its End Users comply with this Agreement. Customer is responsible for the acts of its End Users and any activity occurring in its End User accounts.
6.4 One Individual per Account. End User accounts and passwords may not be shared and may only be used by one individual per account. All commercial/contractual terms are offered by and agreed to between users of the website alone.
6.5 Minors. Minors are individuals under the legal age of marriage. None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
6.6 User Policy. You are bound with our User Policy. Please read JANAM JANAM KA SATH user policy carefully.
6.7 User Content. You retain ownership of all of your intellectual property rights in your Content. Company does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
All liability, whether civil or criminal arising out of any Content that is Posted on the Site will be of that Member / user / third party who has Posted such Content and the Company reserves its right to claim damages from such Member/ user / third party that it may suffer as a result of such Content Posted on the Site. The Company does not claim ownership of Content you submit or make available for inclusion on the Service.
You understand and agree that the Company may delete any listing, content, communication, photos or profiles that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either Company and/or its Users.
The Services display content provided by others that is not owned by JANAM JANAM KA SATH. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. JANAM JANAM KA SATH is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. We advise all User/s to independently verify the content /information posted by the other users before acting upon the same and under no circumstances will 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 posted, emailed, transmitted or otherwise made available via the Service.
Under no circumstances will JANAM JANAM KA SATH be liable for any Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.
By submitting your success story, feedback, testimonials, you hereby expressly authorize the Company to use, publish, and display your photographs and testimony on the Site.
Company reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, Company may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence to the satisfaction of the Company, Company may, in its sole discretion, terminate your subscription /membership without a refund.
(6.8) Limited License to Your Content. You grant Company a worldwide, royalty free license (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your information to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Company privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Company’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. However, Company otherwise has no obligation to monitor or review any content submitted by you.
(6.9) Representations and Warranties. You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party.
(6.10) Third Party Resources. The Company may publish links in its Site/Services to internet websites maintained by third parties. The Company does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
(6.11) Proprietary Rights/ Copyright/ Trademark Restrictions. All content included on JANAM JANAM KA SATH Site such as text, graphics, logos, button icons, images, video, audio clips and software, is the property of the Company or its licensers/ content suppliers and is protected by all local and international copyright laws. The collection, arrangement and assembly of all content on this site is the exclusive property of the Company and is also protected by all local and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Material on JANAM JANAM KA SATH Site is solely for Your personal and non-commercial use. Except for that information which is in the public domain such as user profile or for which permission has been obtained from the user, You cannot post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by Company without refund of any of your unused Subscription fees.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact to the Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website or mobile application; (d) your address, contact number and email; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
JANAM JANAM KA SATH respects the intellectual property of others. In case you feel that your Trademark has been infringed, you can write us to email@example.com
(6.12) Third Party Requests. The parties may from time to time receive a request from a third party for records related to Customer’s use of the Services, including information in a Customer End User account or identifying information about a Customer End User. Third Party Requests include search warrants, subpoenas, and other forms of legal process.
User/Subscriber is responsible for responding to Third Party Requests via its own access to the information, and will only contact Company if Customer is unable to obtain such information after diligent efforts. The Company receives a valid Third Party Request then, to the extent permitted by law, The company:
(a) may inform the third party issuing such request that it should pursue the request directly with User/ Subscriber; and
(b) will: (i) promptly notify users of the Third Party Request; (ii) cooperate, at user’s expense, with User’s reasonable requests regarding User’s efforts to oppose a Third Party Request; and (iii) after providing Customer with an opportunity to respond to or oppose the Third Party Request, Company may fulfil that request if the Company determines that it is required or permitted by law to do so.
6.13 Embankment. User/Customer represents and warrants that it is not barred by any applicable laws from being supplied with the Services. The Services may not be used in any country that is subject to an embargo by the India applicable to the Services. Customer will ensure that: (a) its End Users do not use the Services in violation of any export restriction or embargo by the Government of India; and (b) It does not provide access to a person or entity banned by the Government of India.
6.13 Suspension of Services. We can suspend our services for several reasons: (a) performing scheduled maintenance; (b) you violate our User Policy; (c) to prevent material harm to you, our other User or to Company; (d) no activity for over 12monts; and (e.) if it is required by law.
Company will use reasonable endeavours to give Customer reasonable advance notice of any limitation or suspension so that Customer can plan around it or address the issue that has prompted Company to take such action but we cannot guarantee this. There may be some situations, such as security emergencies (not limited), where it is not practical for Company to give such advance notice.
6.10 Interaction with other Users. You are solely responsible for your interactions /communications / transactions / relations with other JANAM JANAM KA SATH Users. Company reserves the right, but has no obligation, to monitor disputes between You and other Users. Company also reserves the right to take appropriate action against errant users. However, Company is not obliged to share such action with other members, including complainants. Company expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
7 SECURITY AND PRIVACY.
7.1 Security. The security of the data processed by Company is a top priority. Company has, considering the state of the art, cost of implementation, the nature, scope, context and purposes of the Services, and the level of risk, implemented appropriate technical and organizational measures to enable a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to User Data. At reasonable intervals, Company tests and evaluates the effectiveness of these technical and organizational measures for enabling the security of the processing.
While we take sufficient steps to make your personal data secured as much possible, no system or transmission of data over internet or any other public network or any system of data storage can be guaranteed to be fully secured. We cannot guarantee the security of our database, nor can we guarantee that third parties shall not unlawfully intercept or access transmissions or private communications, that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access. Therefore, although we work hard to protect your information, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
7.2 Security Incident. If Company becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, Company will promptly, and in any event, as soon as reasonably practicable, notify Customer without undue delay. Such notification shall not be interpreted or construed as an admission of fault or liability by Company. Company will also reasonably cooperate with Customer with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any information reasonably requested by Customer in relation to any Security Incident.
7.3 Customer Privacy Obligations. Customer shall ensure and hereby warrants and represents that it is entitled to transfer the User Data to Company so that Company may on behalf of Customer, lawfully process and transfer the Personal Data in accordance with this Agreement. Customer shall ensure that relevant Data Subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.
8 INTELLECTUAL PROPERTY.
8.1 Customer/User IP. As between the parties, the Customer retains ownership of all Intellectual Property Rights in the User Data. This Agreement does not grant Company any licenses or rights to the User Data except for the following:
(a) Customer/User grants Company and its affiliates a worldwide, royalty-free, non-exclusive, limited license to use, host, copy, transmit, modify, display, and distribute User Data only for the limited purposes of providing the Services to Customer and improving the Services.
(b) If Customer/User provides Company with feedback about the Services, Company may use that feedback and incorporate it into its products and services without any obligation to Customer.
8.2 Company IP. As between the parties, Company retains ownership of the Services and all related Intellectual Property Rights. No licenses or rights are granted to Customer by the Company. This Agreement does not grant the User/Customer any right to use Company’s trademarks or other brand elements.
8.3 Customer Lists. Company may identify Customer by name and logo as a Company customer on Company’s website or and on other promotional materials. Any goodwill arising from the use of Customer’s name and logo will inure to the benefit of Customer.
9.1 You agree to indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from and against, any and all suits, actions and proceedings, claims, liabilities, losses, damages, costs and expenses, including reasonable outside attorneys’ fees, arising directly or indirectly in connection with: your violation of any law, regulation or order of any government or judicial authority; or any act, omission, fraud, negligence or default or the breach of any of Your obligations or representations under these Terms and Conditions or any other agreement / policy between You and the Company; or any infringement of any intellectual property rights of the Company or any third-party.
9.2 You will indemnify and hold harmless Company and its Directors, affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
9.3 Further, You are agree to indemnify the Company its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees for all losses incurred by The Company due to any false, distorted, manipulated, defamatory, libellous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the you/user on the network of The Company.
9.4 Potential Infringement. If Company believes the technology used to provide the Services may infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then Company may: (a) obtain the right for Customer, at Company’s expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Company does not believe that the foregoing options are commercially reasonable, then Company may suspend or terminate Customer’s use of the impacted Services and provide a pro rata refund of any fees prepaid by Customer applicable to the period following the termination of such Services.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
10.1 DISCLAIMERS. While it is in Company’s interest to provide you with a great experience when using the JANAM JANAM KA SATH there are certain things we do not promise about them. We try to keep JANAM JANAM KA SATH services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND COMPANY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We make no warranty that: the Services will meet your requirements, the Services will be uninterrupted, timely, secure, or error- free, the results or information that may be obtained from the use of the Services will be accurate or reliable, any errors in the technology will be corrected.
Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Site of the third party. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Company shall not be liable for any errors or delays in the content or information obtained through the Services, or for any actions taken in reliance thereon.
The Company is not responsible for any incorrect or inaccurate Content/listing posted on the Site or in connection with the JANAM JANAM KA SATH Service, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the JANAM JANAM KA SATH Service whether online or offline.
Any material downloaded or otherwise obtained through the use of JANAM JANAM KA SATH is done at your own discretion and risk and we are not responsible for any damage to your computer system or loss of data or any other losses that results from the download of any such material. To the extent that any part of this section is not consistent with any other part of these terms, then this section will prevail.
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Site be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Site and the Website Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the JANAM JANAM KA SATH Site or transmitted to JANAM JANAM KA SATH Users. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users/Members.
The Company does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party.
The exchange of matchmaking profile(s) through or by "JANAM JANAM KA SATH" is not a matrimonial offer and/or recommendation from/by JANAM JANAM KA SATH. 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 pursuant to the use of JANAM JANAM KA SATH.
10.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF JANAM JANAM KA SATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.3. Limited time to bring your claim. You and the Company agree that any cause of action arising out of or related to use of the JANAM JANAM KA SATH must commence within one (01) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
10.4 Limitation of Liability. In no event will Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of our Site or Service, even if the Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company, for the Service during the term of subscription.
10.5 Violations of these terms and conditions. Company may disclose any information Company has about you (including your identity) if Company determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company rights or property, or the rights or property of visitors to or users of the Services, including company’s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
If Company does take any legal action against you as a result of your violation of these Terms and Conditions, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. Alliance.
In case of any non-compliance or violation of these Terms and Conditions, the Company has reserve the right to terminate Services of the User/Customer of JANAM JANAM KA SATH and remove any and all non-compliant information from the Site immediately. You agree that Company will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms and Conditions.
11- TERM AND TERMINATION.
You may terminate your account/subscription at any time, for any reason by writing to the Company. In the event you terminate your account/subscription, you will not be entitled to a refund of any unutilized subscription fees, if any, paid by you, except where otherwise guaranteed in writing.
The Company may terminate your access to the Site and/or your subscription for any reason including but not limited to breach of the terms of this Agreement, using the service for commercial purpose, engaging in prohibited or inappropriate communication or activity, by sending notice to you at the email address as provided by you in your application for subscription/membership or such other email address as you may later provide to the Company. If the Company terminates your subscription for breach of terms of this Agreement, you will not be entitled to any refund of any Subscription fees, if any, paid by you.
In the event of business discontinuity, the Company shall refund 50% of the unused subscription charges paid by you.
The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Services.
12.1 Modification. Company reserve the right, at Our sole discretion, to change, modify, add or remove portions of these “Terms and Conditions”, at any time without any prior written notice to You. It is Your responsibility to review these Terms and Conditions periodically for updates / changes. For certain changes, We may be required under Applicable Law to give You advance notice of any change(s) to the Terms and Conditions. Your continued use of the Website following the posting of changes will mean that You aware, accept and agree to all changes or modifications.
Neither of us can transfer these obligations to someone else without the other party’s writing permission. However, if we get acquired or sell this business, we can transfer these terms or our obligations under these terms without your permission.
12.2 Assignment. This Agreement may not be assigned or otherwise transferred by either party in whole or in part without the express prior written consent of the other party; provided, however, that the sale of substantially all of the assets of a party (or any of its subsidiaries) or its acquisition by or merger into another company, shall not be deemed an assignment of this Agreement by such party. This Agreement shall benefit and be binding upon the successors and assigns of the parties hereto.
12.3 Counterparts. This Agreement is an electronic document in terms of the Information Technology Act, 2000 and Rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
12.5 Force Majeure. Neither Company nor Customer will be liable for any delay, inadequate performance or failure to perform any obligations under this Agreement (except for a failure to pay fees) to the extent caused by a condition (including, but not limited to, natural disaster, act of war or terrorism, earthquake, pandemic or health crisis, riot, lockouts, governmental order, action or inaction, denial of service attack or utility or internet service provider failure, cyber-attack, delay or disturbance) that was beyond the party’s reasonable control.
12.6 Relationship. The relationship between Company and User/Customer/Subscriber is that of independent Customer/contractors, and not legal partners, employees, joint ventures, or agents of each other.
(A) Notices to Company. Notices to Company must be sent to Company at B-403/404 Aadinath Palace, near Vasant Valley Complex, Khadakpada, Kalyan- West, District – Thane, Maharashtra State, India- 421301. marked to the attention of the Legal Department, with a copy to firstname.lastname@example.org. Except as otherwise set forth herein, any Legal Notice to the Company must be sent by courier or registered postal mail with acknowledge requested to the address specified in this Agreement.
Email is sufficient for providing non legal communications to Company (which will be without prejudice and will not be valid as a record or proof for any legal proceedings.) Customer may grant approvals, permission, extensions, and consents by email.
(B) Notices to Customer. Notices to Customer may be sent to the email address associated with Customer’s designated primary administrator for the relevant Service (“Primary Admin”). Billing- related notices (including notices of overdue payments) may be sent to the relevant billing contact designated by Customer. If Customer has provided contact details for legal notices on the cover page of this Agreement, any Non-Routine Legal Notices will be provided to such contact instead, with a copy to the email address associated with Customer’s Primary Admin.
(C) Keep Contact Details Current. You are responsible to keep your contact details associated with your user accounts and billing contacts current and accurate and notify Company in writing of any changes to such details.
12.8 Precedence. If any conflict exists among the following documents, the order of precedence will be: (1) the applicable Order Form, (2) this Agreement, and (3) the applicable SSTs.
12.9 Severability. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of Terms and Conditions will remain in full effect. The Company will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
12.10 Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Customer’s End Users are not third-party beneficiaries to Customer’s rights under this Agreement.
12.11 Language. This Agreement is prepared and written in English language and same may be used for Company’s website, Terms and Conditions, Policies, procedures, guidelines, communications, notices etc. Any non-English translations of this Agreement which may be made available are provided for convenience only and are not valid or legally binding.
12.12 Grievance Redressal. Any complaint or concern regarding the JANAM JANAM KA SATH, reporting any misuse of laws or violation of these terms and conditions may be addressed to the designated Grievance Redressal Officer of the Company.
12.13 No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later. No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
12.14 Arbitrator. If any dispute arises between a Subscriber /User and The Company arising out by use of JANAM JANAM KA SATH, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The arbitrator's decision will be final and binding on both parties to the dispute. The place of arbitration will be at Thane, Maharashtra, India only. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.
12.15 Governing Law and Jurisdiction. This Terms and Conditions agreement shall be governed in accordance with the Laws of India. The Honourable Court at Mumbai – Maharashtra only shall have the jurisdiction to entertain and try any claims, dispute and/ or difference arising out of or in connection with the terms of this Agreement.