kutchi Lohana Matrimonial is a matrimonial website to facilitate lawful marriages between persons of Gujarati origin. Anyone desirous of using the services offered / becoming a member of kutchi Lohana Matrimonial and communicating with other members and users of kutchi Lohana Matrimonial must carefully read the following terms and conditions of use and should follow the instructions as provided in the registration process .
By using / registering as a member of kutchi Lohana Matrimonial, the member / user accepts to be bound by the terms and conditions (hereinafter referred to as "Agreement") set forth herein. This Agreement sets forth the terms and conditions for the membership of kutchi Lohana Matrimonial and may be subject to modifications / amendments by kutchi Lohana Matrimonial from time to time.
- kutchi Lohana Matrimonial is a website intended to provide a platform for facilitating lawful marriages between persons of Gujarati origin, who are legally competent to enter into such matrimonial relation under the laws of the country by which they are governed.
- In order to become / register as a member of kutchi Lohana Matrimonial, the member must have attained the marriageable age according to the laws of the country which are applicable to and which govern the member / user.
- By becoming a member and / or using this website, the member / user represents and warrants that he / she has the right, authority, capacity and is legally competent to enter into this Agreement and that the member / user is not prohibited or prevented by any applicable law in force for the time being or any other order or decree or injunction from any court, tribunal or any such competent authority restraining the member / user from entering into this Agreement. Any membership / use of the services provided by this website kutchi Lohana Matrimonial is void where the same is expressly prohibited under law or any order of any competent authority.
- If at any point of time kutchi Lohana Matrimonial has a reason to believe that the member is ineligible to be a member or that the member has misrepresented or not disclosed any material information about his / her eligibility or is in breach of the terms and conditions of this Agreement, kutchi Lohana Matrimonial reserves the right to terminate the membership and the right to use the services provided by kutchi Lohana Matrimonial without assigning any reasons thereof and without any refund of any of the unutilized subscription fee to such member.
- kutchi Lohana Matrimonial is intended for the personal use of the individual members / users of kutchi Lohana Matrimonial and not for any commercial use by any member / user.
- kutchi Lohana Matrimonial reserves the right to monitor the activity & status of the account of each member and further block the account of a member based on such review in it's sole discretion.
- Any member / user is not permitted to have his / her multiple profiles on kutchi Lohana Matrimonial. kutchi Lohana Matrimonial reserves the right to deactivate any multiple profile of a single member without any refund of the subscription fee in respect of such multiple profile(s).
- Any member / user of kutchi Lohana Matrimonial is not permitted to
- engage / indulge in advertising to or solicitation of other members / users in any manner to buy or sell any products or services through the service provided by kutchi Lohana Matrimonial without the express written permission of kutchi Lohana Matrimonial.
- transmit any chain letters or junk emails to other kutchi Lohana Matrimonial members.
- using any information obtained from the services provided by kutchi Lohana Matrimonial in order to harass, abuse or harm any another person or in order to contact, advertise to, solicit, or sell to any other member / user any products or services without their prior explicit consent.
- using any information obtained from the services provided by kutchi Lohana Matrimonial in respect of other members for personal / commercial use and / or in an illegal manner and / or for purposes other than as intended under this Agreement.
- send any obscene / unwarranted communication to any other members / users of kutchi Lohana Matrimonial.
- post any unwarranted / obscene content / material in his / her profile and / or on kutchi Lohana Matrimonial.
- In order to protect kutchi Lohana Matrimonial and / or it's members / users from any abuse / misuse, kutchi Lohana Matrimonial reserves the right to restrict the number of profiles, communications, contacts, responses and emails which a member may send to other members / users to a number which kutchi Lohana Matrimonial deems appropriate in its sole discretion.
- The member / user shall not be permitted to use any automated process or any other programs / scripts to view content on or to communicate / contact / respond / interact with kutchi Lohana Matrimonial or its other members and users.
- kutchi Lohana Matrimonial shall have the right to regulate, screen, track and / or filter any communication, information, message or any material that members might send to the other members / users at its sole discretion, without assigning any reason and without any notice in respect of the same to the member / user.
- Membership status of the member shall not be displayed in the profile content and kutchi Lohana Matrimonial reserves the right to delete any such reference made by the member in this regard.
- The member is free to terminate his / her membership at any time during the subsistence of this Agreement for any reason by giving prior written notice to kutchi Lohana Matrimonial. In the event of such termination, the member shall not be entitled to any refund in respect of any unutilized subscription / membership fees. Member's access to kutchi Lohana Matrimonial as well as the membership shall be terminated effective upon sending notice to at the email address provided by the member in the application form at the time of becoming a member.
- If the event of any breach of the terms and conditions of this Agreement by the member / user, kutchi Lohana Matrimonial shall have the right to terminate the membership of such member / user at its sole discretion without giving any notice in respect of the same. Immediately upon termination of the membership by kutchi Lohana Matrimonial, the member / user shall not be entitled to use / avail any services provided by kutchi Lohana Matrimonial. Further, the member shall not be entitled to any refund in respect of any unused subscription / membership fees.
PROPRIETARY / OWNERSHIP RIGHTS
- All the contents of kutchi Lohana Matrimonial including text, graphics, logos, pictures, icons, images, audio clips, video clips, digital downloads, data compilations, trade marks, trade dress, software, copyrighted information is the exclusive property of kutchi Lohana Matrimonial or its content suppliers and is subject to and protected by the applicable laws of India and international Copyright and Trade Mark laws and the member / user acknowledges the same.
- kutchi Lohana Matrimonial provides its members / users limited license to access and make personal use of the website kutchi Lohana Matrimonial for purposes as specified in this Agreement. The members / users of kutchi Lohana Matrimonial are restricted from copying, modifying, publishing, transmitting, distributing, performing, selling or otherwise using any such information of kutchi Lohana Matrimonial, in any manner whatsoever, which is proprietary in nature, save and except the information which is in the public domain or for which express permission has been given by kutchi Lohana Matrimonial.
- Any act or attempt in violation of Clause [•] on the part of the member / user shall constitute a breach of this Agreement and shall give exclusive rights to kutchi Lohana Matrimonial to terminate the membership of such member without refund of any of unused subscription / membership fees paid by the member.
RIGHTS IN RESPECT OF THE CONTENTS POSTED ON kutchi Lohana Matrimonial
- The member understands and agrees that kutchi Lohana Matrimonial may delete any content, photographs and profiles (hereinafter referred to as "Content") that in kutchi Lohana Matrimonial view contravenes any of the provisions of this Agreement and which is offensive, obscene, illegal or that might act to the detriment of either kutchi Lohana Matrimonial or any of its members / users, including but not limited to
- content in any manner which
- promotes physical harm of any kind, racism, bigotry or hatred against any group or individual and is patently offensive to the community.
- causes harassment to another person.
- provides information about illegal activities such as buying or making of illegal weapons, providing or creating computer viruses or violating someone's privacy.
- contains hidden images or pages (those not linked to or from another accessible page).
- provides information about illegal activities such as buying or making of illegal weapons, providing or creating computer viruses or violating someone's privacy.
- transmission of any spam, junk mail, chain letters or unsolicitated mass mailing.
- false, misleading profiles or profiles which promote illegal activities or conduct that is defamatory, abusive, obscene, threatening, libellous.
- promotes any information which is an unauthorized copy of some copyrighted works, links to pirated computer programs, music or providing information to circumvent the manufacture installed copy protected devices.
- providing restricted passwords to access pages.
- display of any lascivious, sexually explicit or pornographic material or any content which tends to incite or incites people under the age of 18 years in a sexual or violent manner, or solicits information for anyone under 18 years.
- soliciting passwords or personal identifying information for unlawful or commercial purposes from any other users.
- The member hereby grants to kutchi Lohana Matrimonial and to authorities of kutchi Lohana Matrimonial, an unconditional and irrevocable license to distribute, reproduce, modify, adapt, use, display and perform publicly any Content submitted or made available by the member for inclusion on publicly accessible areas of the website kutchi Lohana Matrimonial including but without limitation the member's contact details.
- kutchi Lohana Matrimonial or any personnel of kutchi Lohana Matrimonial does not guarantee the accuracy, authenticity, quality or integrity of the Content posted on kutchi Lohana Matrimonial by the members and has no control over such Content. The member or the person from which the Content originated shall be solely responsible for transmission of all information, data, text, photographs, messages and graphic or pictorial representations, tags or any other Content whether publicly posted or privately transmitted or otherwise made available to kutchi Lohana Matrimonial or any personnel of kutchi Lohana Matrimonial. Other members, users or any other person shall not hold kutchi Lohana Matrimonial responsible for any Content that is uploaded, displayed, posted, e-mailed, transmitted or otherwise made available through the services provided by kutchi Lohana Matrimonial. kutchi Lohana Matrimonial shall not be responsible in the event of such Content being false / wrong / untrue / incorrect / inaccurate / fabricated. Under no circumstances will kutchi Lohana Matrimonial be liable for any content, errors and / or omissions in any Content, or any loss or damage resulting from any kind of the use of any Content posted, emailed, transmitted or otherwise made available through the service.
- kutchi Lohana Matrimonial may require the member to provide any documentary or material evidence supporting the Content posted by the member on the website kutchi Lohana Matrimonial and reserves the right to check and verify the authenticity of the Content posted by the member or user on the website kutchi Lohana Matrimonial. In the event the member fails to furnish such information, kutchi Lohana Matrimonial may either remove such Content or may terminate the membership of such member without any refund of the subscription / membership fees.
- For the purposes of this Agreement, the member represents and warrants that the member has the authority to grant to kutchi Lohana Matrimonial a perpetual, non-exclusive, irrevocable, and worldwide license to use, copy, perform, distribute and display such information and Content, as may be required for the purposes of any derivative work or for incorporating in other works by posting the information and Content in any public domain of kutchi Lohana Matrimonial and to grant, authorize and sublicense the same.
- kutchi Lohana Matrimonial shall have the power to investigate and to take appropriate legal action in its sole discretion to investigate against any member who violates this Agreement, including removing the offending content / communication / data from the website kutchi Lohana Matrimonial and terminating the membership of such member without any refund of the subscription / membership fees.
- The members shall use the services of kutchi Lohana Matrimonial in a manner that is conducive and consistent with the applicable, local, state and federal laws, rules and regulations.
- Any member / user shall not post, distribute or reproduce any copyrighted material, trade mark or any other proprietary information on kutchi Lohana Matrimonial unless expressly authorised to do so by the owner thereof.
- In the event that any member or user has a reason to believe that any of the material / information posted on kutchi Lohana Matrimonial has been copied from his / her work in such a way that it constitutes infringement of his / her copyright in such work, such member / user shall provide kutchi Lohana Matrimonial with the following information in order to enable kutchi Lohana Matrimonial to take appropriate action
- description and particulars of the infringing content that is located on kutchi Lohana Matrimonial.
- letter specifying that such user / member is the bonafide user of the copyright or trade mark or any other proprietary information as the case may be and that he / she has firm belief that the disputed user is not the owner of the copyright or trade mark.
- personal information of such user / member including the name, address, contact details, etc.
- a statement to the effect that the details as provided are true and would invite the penalty of perjury if proven wrong.
- details of all notices of copyright and / or trade mark infringement, orders, injunction applications or any other legal proceeding that have been filed / are pending in the appropriate forums.
- if the copyrighted information or trade mark or and other proprietary information has been assigned / licensed to the member / user, then a letter from such owner specifying that such user / member is the bonafide user of such copyright or trade mark or other proprietary information and is authorised to take action in respect of the same.
- The member is solely responsible for their interactions with other members on the kutchi Lohana Matrimonial. kutchi Lohana Matrimonial reserves the right but does not have any obligation under this Agreement to monitor the disputes between the members of kutchi Lohana Matrimonial. Further, kutchi Lohana Matrimonial also reserves the right to take appropriate action against errant members but is not obliged to share such action details with other members.
- kutchi Lohana Matrimonial shall not be responsible / liable in respect of any interactions or transactions between the members themselves.
- The information provided on kutchi Lohana Matrimonial is on an "as is" and "as available" basis and therefore kutchi Lohana Matrimonial makes no representations or warranties of any sort whether express or implied as to the operation or any information, content, materials or products included on this site. The member expressly agrees that the member is accessing this website at his / her own sole risk and shall not hold kutchi Lohana Matrimonial liable / responsible for any damage caused to him / her by use of the website kutchi Lohana Matrimonial.
- kutchi Lohana Matrimonial does not warrant that the site or the server or any e-mail sent by kutchi Lohana Matrimonial is free of viruses, worms, Trojans or any other harmful programs and kutchi Lohana Matrimonial or its licensees shall not be liable for any damages including but not limited to the direct, indirect, incidental, punitive and consequential damages, of any kind arising from the use of the website or the services of kutchi Lohana Matrimonial.
- kutchi Lohana Matrimonial will not be liable for any kind of inaccurate information or content posted on the website in connection with kutchi Lohana Matrimonial's service, whether such inaccurate information is posted by members / users or is due to any malfunction of its servers, computers, equipment or machines and mechanism associated with the utilization of the services.
- kutchi Lohana Matrimonial absolves itself from any liabilities caused due to any problems including but not limited to, technical malfunctions to the telephone lines, LAN, network, computer line-in systems, softwares, service providers, failure of email on account of a internet traffic congestion with the kutchi Lohana Matrimonial service.
- The member shall in no way hold kutchi Lohana Matrimonial liable for any loss or damage caused to any member / user arising out of or subsequent to any relations established pursuant to the use of kutchi Lohana Matrimonial.
- kutchi Lohana Matrimonial disclaims any liability or responsibility expressly, whatsoever and howsoever arising as a result of any Content posted on the website / made available to kutchi Lohana Matrimonial by any member / user of the website and / or any third party.
- kutchi Lohana Matrimonial shall not be responsible or liable for any illegal Content posted on the website by any member / user of the website and / or any third party.
- kutchi Lohana Matrimonial shall not be liable / responsible in the event of any loss or damage being caused to / suffered by its members / users in respect of the online payments of the subscription / membership fees made by its members / users by using their credit card / debit card details / internet banking facilities or data related thereto and / or unauthorised / illegal use / misuse of their credit card / debit card details / internet banking facilities or data related thereto used for making payments to kutchi Lohana Matrimonial.
LIMITATION ON LIABILITY
- In no event shall kutchi Lohana Matrimonial be liable for the acts of the third parties for any kind of damages whether direct or indirect including loss of profits, arising from the use of the kutchi Lohana Matrimonial.
- Notwithstanding anything to the contrary contained herein, the liability of kutchi Lohana Matrimonial to any member / user shall be limited to the subscription / membership amounts paid, if any, by the member to kutchi Lohana Matrimonial for the services rendered during the term of this Agreement, for any case whatsoever, regardless of the form of action.
GOVERNING LAW AND JURISDICTION
- All matters arising out of or relating to this Agreement including any dispute arising under this Agreement between any member / user and kutchi Lohana Matrimonial and / or involving the website kutchi Lohana Matrimonial shall be governed by the laws of India and be subject to the exclusive jurisdiction of the competent courts of Mumbai.
- By becoming a member of the kutchi Lohana Matrimonial, the member agrees to receive emails and / or SMSs from kutchi Lohana Matrimonial. The member may manage subscription to these emails using the My Alert Manager option. The member further confirms that as on the date of registration, the member is not on the DND (Do not disturb) subscribers list with any telecom operator or authority. In the event that the member is a DND subscriber, the member agrees not to object to any message sent to him / her by kutchi Lohana Matrimonial or any of its affiliates.
- Each provision of this Agreement shall be considered severable and if for any reason any provision of this Agreement is determined by the court of law to be invalid or unenforceable and contrary to Indian laws or existing or future applicable laws, such invalidity shall not impair the operation of or affect those provisions of this Agreement which are valid. In such case, the invalid or unenforceable provision shall be amended in such reasonable manner as achieves the intention of this Agreement without illegality or if the same is not possible, then such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
- The provisions of this Agreement can be amended from time to time by kutchi Lohana Matrimonial.
- This Agreement shall be deemed to be accepted upon the completion and use of the Registration process for membership of this website and all members will be deemed to have read, understood and accepted the terms and conditions before registering as a member with the website.