Terms of Use / Service
Agreement
Welcome to Subhakalyanam.com,
your personal matchmaking advertiser. This Agreement sets out the legally
binding terms for your use of the Site and membership. This Agreement may be
modified by Subhakalyanam.com from time to time. The membership and rights of
admissions are reserved.
This Terms of Use is published in accordance with the provisions of Rule 3 (1)
of the Information Technology (Intermediaries Guidelines) Rules, 2011.
Subhakalyanam is an advertising platform providing targeted advertising services
for matchmaking alliances and replaces the traditional newspaper classified. Subhakalyanam
helps you promote and advertise your profile to the prospective alliance
partner in seeking a life-partner. Access to the Subhakalyanam website is free.
However, we offer Membership and Premium Memberships wherein one can avail the
contact details of the prospect as per the available membership plans.
1. Acceptance of the Terms of
Use Agreement: In
order to use the Subhakalyanam Site/Mobile Site/App/ you must
register as a member of the Site ("Member"). Subhakalyanam is
intermediary as defined under sub-clause (w) of Section 2 of the Information
Technology Act, 2000. This Agreement is an electronic contract that establishes
the legally binding terms you must accept to use the Site and to become a
"Member." For purposes of this Agreement, the term "Member"
means a person who voluntarily submits information to the Site whether such
person uses the Service as a free member or a paid member. The Member or any
users using the Site agree to be bound by these Terms of Use
("Agreement"). If you wish to become a Member and promote/ advertise
your profile to other Members and make use of the Subhakalyanam service
("Service"), read these Terms of Use and follow the instructions in
the Registration process. By using the Service, you consent to submit your
personal identifiable information, to collect, process, display and use the
said information to provide the Service. To withdraw this consent, you must
discontinue using our Service and delete your account.
The Site is a serious matchmaking platform to seek life partner for marriage
and is not a casual dating site. The membership and rights of admissions are
reserved.
2. Eligibility. To register as a member of Subhakalyanam 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).
The Subhakalyanam site 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 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. You further confirm that, you intent to seek a life
partner and that you shall not use this site for casual dating. You also agree
to abide by all of the terms and conditions of this Agreement. If at any time Subhakalyanam
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, or acted in violation to this Terms of Use, Subhakalyanam
reserves the right to forthwith terminate your membership and / or your right
to use the Service without any refund to you of any of your unutilized
subscription fee.
3. Account
Security.: You are responsible for maintaining the
confidentiality of the username and password you designate during the
registration process, and you are solely responsible for all activities that
occur under your username and password. You agree to immediately notify us of
any disclosure or unauthorized use of your username or password or any other
breach of security, and ensure that you log out from your account at the end of
each session
4. Term
& Termination: This Agreement will be effective, valid and
subsisting as long as you use our Site. You may terminate your membership at
any time, for any reason by writing to Subhakalyanam. In the event you
terminate your membership, you will not be entitled to a refund of any
unutilized subscription fees, if any, paid by you, except where otherwise agreed
in writing. Subhakalyanam may terminate your access to the Site and/or your
membership for any reason including but not limited to breach of the terms of
use, using the service for commercial purpose, engaging in prohibited or
inappropriate communication or activity, upon sending notice to you at the
email address as provided you in your application for membership or such other
email address as you may later provide to Subhakalyanam. If Subhakalyanam
terminates your membership for breach of terms of this Agreement, you will not
be entitled to any refund of any Subscription fees, if any, paid by you.
Certain provisions of this Agreement including sections 4, 5, 7 and sections 9
to14, of this Agreement shall remain effective even on termination. Term for
the paid Membership would be in accordance with the type of membership
undertaken.
5. Non-Commercial
Use by Members: The Site is for the personal use of individual
members to advertise and promote their profiles for the purpose finding relevant
matches and cannot be used in connection with any commercial endeavors. This
includes providing links to other web sites, whether deemed competitive to Subhakalyanam
or otherwise. Organizations, companies, and/or businesses cannot become Members
of Subhakalyanam and should not use the Subhakalyanam 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.
6. Other
Terms of Use by Members.
a. Subhakalyanam
reserves the right in its sole discretion to review the activity and status of
each account and block the access to the account based on such review. b. Subhakalyanam reserve the right at its sole
discretion to restrict/suspend your free access to its website based on review
of the member's activity, status may deems fit and proper with due intimation to
you. c. You hereby confirm that as on date of this registration,
you do not have any objection to receive emails, messages and calls from Subhakalyanam
and members of Subhakalyanam, as long as you are a registered member of Subhakalyanam.
This consent shall supersede any preferences set by you with or registration
done with the Do Not Disturb (DND Register)/ National Customer Preference
Register (NCPR). This consent extends to emails, messages or calls relating but
not limited to phone number verification, the provision of matchmaking
advertising service, matchmaking enquiries and promotions. d. Multiple
profiles of the same person are not allowed on Subhakalyanam. Subhakalyanam
reserves the right to deactivate all multiple profiles without any refund of
subscription fees. e. You confirm that the Content, information including
the personal information provided by you is correct and accurate. If you are
creating the profile on behalf of your friend/sibling/children, you hereby
agree that you have the required permission from the profile holder for
creating the profile on Subhakalyanam. Impersonation is crime and punishable
under various laws. f.
You are strongly advised to submit copy of your Driving License, Passport or
any other Government issued identity. Except for the purpose of
promoting/advertising your profile for matchmaking purposes, you cannot engage
in advertising to, or solicitation of, other Members to buy or sell any
products or services through the Service. You will not transmit any chain
letters or junk email to other Subhakalyanam Members. Although Subhakalyanam
cannot monitor the conduct of its Members off the Subhakalyanam Site, it is
also a violation of these rules to use any information obtained from other
members in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. g. Subhakalyanam reserves the right to take appropriate
steps as it deems appropriate in its sole discretion in order to protect Subhakalyanam
and/or its Members from any abuse / misuse. h. You cannot use any automated
processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view
content on or communicate / contact / respond / interact with Subhakalyanam
and/or its members. i. Subhakalyanam
reserves the right to screen communications/advertisements that you may send to
other Member(s) and also regulate the same by deleting unwarranted/obscene
communications/advertisements at any time at its sole discretion without prior
notice to any Member j. Subhakalyanam Members are expected to exercise simple
precautions for their privacy and safety. A suggestive guideline of such
precautions is enlisted under security tips “Be Safe Online”.By becoming a
Member, you hereby agree to abide and adhere to the said Tips.
7. Proprietary
Rights in the Content on Subhakalyanam: Subhakalyanam owns and retains all proprietary rights in the Subhakalyanam
Site and the Subhakalyanam Service. The Site contains the copyrighted material,
trademarks, and other proprietary information of Subhakalyanam, and its
licensors. Except for that information which is in the public domain such as
member profile or for which permission has been obtained from the user, you
cannot copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information. 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 Subhakalyanam without refund of any of your unused
Subscription fees. Subhakalyanam reserves right to take legal action (civil
and/or criminal) wherever applicable for any violations.
8. Content
Posted on the Site.
a. You understand and
agree that Subhakalyanam may delete any listing, content, communication, photos
or profiles (collectively, "Content") that in the sole judgment of Subhakalyanam
violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of either Subhakalyanam and/or
its Members. b. With respect to Content you
submit or make available for inclusion on publicly accessible areas of the Site
including but not limited to your contact details, you hereby unconditionally
and irrevocably grant to Subhakalyanam the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Site from time to time and also to share the details with the other members
of Subhakalyanam for matchmaking purpose. c. You
shall use the Services only to market and promote your profile and to reach out
to other Members for the purpose of finding relevant matches. You understand
and hereby agree that all information, data, text, photographs, graphics, communications,
tags, or other Content whether publicly posted or privately transmitted or
otherwise made available to Subhakalyanam, are the sole responsibility of the
person from whom such Content originated and shall be at the member's/person's
sole risks and consequences. This means that you (and not Subhakalyanam) are
solely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Subhakalyanam 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 members before acting upon
the same and under no circumstances will Subhakalyanam 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. Subhakalyanam reserves the right to verify the authenticity of Content
posted on the Site. In exercising this right, Subhakalyanam 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 Subhakalyanam,
Subhakalyanam may, in its sole discretion, terminate your Membership without a
refund. d. By posting Content/ advertising to any public area
of Subhakalyanam, you automatically grant, and you represent and warrant that
you have the right to grant, to Subhakalyanam, and other Subhakalyanam Members,
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display, and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing e. The
following is an indicative list of the kind of Content that is illegal or
prohibited on the Site. Subhakalyanam will investigate and take appropriate
legal action in its sole discretion against anyone who violates this Agreement,
including without limitation, removing the offending communication / Content
from the Service and terminating the Membership of such violators without a
refund. Illegal and prohibitive Content includes Content which: f. is
blatantly offensive to the community, such as Content that promotes racism,
bigotry , hatred or physical harm of any kind against any group or individual. g. harasses or advocates harassment
of another person; h. involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing or "spamming"; i. promotes
information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous; j. promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files; k. contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page); l. displays pornographic or sexually explicit material of
any kind; m. provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; n. provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; o. solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users; and
p. engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter, advertising, and
pyramid schemes. q. You must use the Subhakalyanam Service in a manner
consistent with any and all applicable local, state, and federal laws, rules
and regulations. r. You cannot
include in your Member profile, visible to other members, any telephone numbers,
street addresses, URL's, and email addresses.
9. Copyright
Policy: You cannot post, distribute, 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. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Subhakalyanam service in a way that constitutes
copyright infringement, please provide us with the following information:
a. an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; b. a description of the copyrighted work
that you claim has been infringed; c. a
description of where the material that you claim is infringing is located on
the our Site; d. your
address, telephone number, and email address; e. a written statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; 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 owner or authorized to
act on the copyright owner's behalf. g. Notice of claims of copyright infringement can be sent to
us in writing to the Vijayawada address located under the Help/Contact section
on the site.
Your interaction with
other Members and Member Disputes: You
are solely responsible for your advertisement/communications with other Subhakalyanam
Members. Subhakalyanam reserves the right, but has no obligation, to monitor
disputes between you and other Members. Subhakalyanam also reserves the right
to take appropriate action against errant members. However, Subhakalyanam is
not obliged to share such action with other members, including complainants. Subhakalyanam
expressly disclaims any responsibility or liability for any transactions or
interactions between the members inter-se.
10. Privacy: Use of the Subhakalyanam Site and/or the Subhakalyanam Service
is governed by our Privacy Policy and follow simple guidelines to protect your
privacy.
11. Disclaimers.
a. Subhakalyanam is not responsible for any incorrect
or inaccurate Content/listing posted on the Site or in connection with the Subhakalyanam
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 Subhakalyanam Service whether online or offline. b. Subhakalyanam assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, User and/or Member communications or any
communications by Subhakalyanam to its Members. c. Subhakalyanam
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer on-line-systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any web site or
combination thereof, including injury or damage to Users and/or Members or to
any other person's computer related to or resulting
and/or in connection with the Subhakalyanam Service. d. Under no circumstances will Subhakalyanam 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 Subhakalyanam Site or transmitted
to Subhakalyanam Members. You should not provide your financial information
(for example, your credit card or bank account information), or wire or
otherwise send money, to other Members. e. The
exchange of matchmaking profile(s) through or by "Subhakalyanam" is
not a matrimonial offer and/or recommendation from/by Subhakalyanam.
Subhakalyanam 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 Subhakalyanam. f. The
Site and the Service are provided "AS-IS" and Subhakalyanam expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Subhakalyanam cannot guarantee and does not promise any specific results from
use of the Site and/or the Subhakalyanam Service. You understand that Subhakalyanam
makes no guarantees, either express or implied, regarding compatibility with
individuals you meet through the Service. g. Subhakalyanam
expressly disclaims any liability or responsibility whatsoever and howsoever
arising as a result of any Content/listing posted on the Site / made available
to Subhakalyanam by any Members or the users of the Site or any third party. h. Subhakalyanam
does not assume any responsibility or liability for any illegal Content posted
on the Site by any Members, users or any third party. i. 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 Subhakalyanam 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. Subhakalyanam does not claim
ownership of Content you submit or make available for inclusion on the Service.
12. Limitation
on Liability: In no event will Subhakalyanam
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 the Site or the Subhakalyanam Service, even if Subhakalyanam
has been advised of the possibility of such damages. Notwithstanding anything
to the contrary contained herein, Subhakalyanam'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 Subhakalyanam, for the Service
during the term of membership.
13. Jurisdiction: If there is any dispute about or involving the
Site and/or the Service, by using the Site, you unconditionally agree that all
such disputes and/or differences will be governed by the laws of India and
shall be subject to the exclusive jurisdiction of the Competent Courts in
Vijayawada, India only.
14. Indemnity: You agree to indemnify and hold Subhakalyanam,
its subsidiaries, affiliates, officers, agents, and other partners and employees,
fully indemnified and harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or arising
from a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above and/or any fraudulent act on your part.
15. Other: By becoming a Member of the Subhakalyanam
service, you agree to receive certain specific email from Subhakalyanam and/or
its group sites. . You can unsubscribe at any time for any reason quickly and
easily by clicking on the unsubscribe link enclosed in the mail. You can also
manage your subscription by modifying the privacy settings. This
Agreement, accepted upon use of the Site and further affirmed by becoming a
Member of the Subhakalyanam service, contains the entire agreement between you
and Subhakalyanam regarding the use of the Site and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Grievance Officer: If you have any questions about
this Terms of User, the practices of this site, or your dealings with this Web
site, please email us support@Subhakalyanam or
contact us at.
SBYTrust. ®123/2008
Srinivasanagar Bank Colony-3
Vijayawada- 8
Andhrapradesh
By becoming a member
of Subhakalyanam and/or using the Services of the Site, you unconditionally and
irrevocably confirm that you have read and understood the above terms and agree
to abide by them during your membership with Subhakalyanam. Please
contact us with any questions regarding this service agreement. Subhakalyanam
is a trademark of SBYTrust. ®123/2008
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.