Welcome to Dusrasathi.com
(herein referred as DM).
This document is an electronic record 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.
This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and the
terms and conditions for access or usage of www.Dusrasathi.com
("Website") /"WAP" (Wireless Application Protocol) / Mobile
App "APP"
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY
BEFORE USING THE WEBSITE/WAP/APP. ACCESSING, BROWSING OR OTHERWISE USING THE
WEBSITE/WAP/APP IMPLIES YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND
CONDITIONS ("Agreement"). If you do not want to be bound by the Terms
and Conditions, you must not use the Website of DM WAP/APP or the DM (Divorcee Dusrasathi)
DM WAP/APP Services. The Terms and Conditions also include the applicable
policies which are incorporated herein by way of reference and as amended from
time to time (the "Terms and conditions").
In
these Terms, references to "You/User/DM member" shall mean the end
user accessing the Website/WAP/APP of DM, its contents or using the DM Services
offered. DM member also includes persons such as father, mother, brother,
sister, relative or a friend ("Registrant") of the prospective bride/
bridegroom. DM "Services" means a collective reference to the
Divorcee Dusrasathi service provided by Dusrasathi.
Scope
You understand and acknowledge that Divorcee Dusrasathi (DM)
acts as an "Intermediary" as defined under clause (1) sub-clause (w)
of Section 2 of the Information Technology Act, 2000. DM is a brand owned by Dusrasathi.Com
Limited (MCL) which owns, retains and has complete rights in DM and the DM
Website/ WAP /App/ DM Service. By registering in divorcee dusrasathi
Website/WAP/APP, you hereby consent that you are willing to marry DM members
who are divorced/widow/widower.
Divorcee Dusrasathi [DM] acts as a platform to enable any user
to themselves register on it (by filling the mandatory fields and optional
fields, if any) to voluntarily search for profile(s) from the database of DM's
already registered users, for seeking prospective lawful matrimonial alliances
for themselves. DM retail store may also be able to assist you to create your
profile, however, you must have a valid/operational mobile phone number and an
email id.
The profiles in the database of DM are classified broadly on the
basis of religion and community for the ease and convenience of its DM member.
DM Members are provided with free/paid access for searching profiles from the
database of DM, as per the partner preference set by you (on the
Website/WAP/APP and you shortlist the profiles in which you are interested.
1. Eligibility
A) DM Membership and rights of admission is reserved solely for
:
I. Indian Nationals & Citizens.
II. Persons of Indian Origin (PIO).
III. Non Resident Indians (NRI).
IV. Persons of Indian Descent or Indian Heritage
V. Persons who intend to marry persons of Indian Origin
VI. Divorced Men/Divorced Women
VII. Widow or Widower
VIII. Unmarried Men/Unmarried Women
B) Further in capacity as DM member you confirm that you are :
I. 18 years or above (if you are a woman) or 21 years or above
(if you are a man);
II. Legally competent to marry as per the law applicable to you
(however you may register on our Website/WAP/App by stating "Awaiting
Divorcee"), and
III. Not prohibited or prevented by any applicable law for time
being in force.
C. In case you are a Registrant of the prospective bride/
bridegroom and has created profile in DM Website/WAP/App on behalf of them or
is accessing the DM Website/App on behalf of them implies that you have taken
their consent for their profile creation in DM and for accessing the DM
Website/WAP/App.
2. Registration
A.
We expect that you would complete the online registration process with fairness
and honesty while furnishing your personal information's to DM. You would
appreciate that efficient and effective match making through our automated
system depend upon yourself furnishing true, accurate, current, complete
information and photos etc. We expect you to read the relevant column before
keying in the details or selecting the option available or uploading the photo.
You are requested not to key in details of the profile in field other than the
applicable field (including mentioning id's of other
platforms/Websites/WAPs/App or repeating your details in another fields, after
filling them once in the relevant fields or others photographs. You further
undertake that you or the registrant alone shall be responsible for any
information provided to DM. In order to serve you better if DM requires
additional details you agree to provide it. DM shall reproduce the registered
member details on "as is as available" basis to other registered
members, and DM members shall be solely liable for the information given by
such DM member. You may also give a missed call to any of our retail outlets
phone number for us to call you back and assist you in getting your profile
registered on our website/WAP/App. Further you may fill in your email id and
phone number in any of our registration campaigns appearing in various
websites/WAP /App as part of our advertisements, basis which you may receive
call from our Customer Service Center and assist you in getting your profile
registered on our website/WAP/App. DM may also reproduce your profile
information in other consortium of websites owned by MCL to provide better
prospects to you.
B. If at any point of time We DM come to know or is so informed
by third party or has reasons to believe that any information provided by you
for registration (including photos) or otherwise is found to be untrue,
inaccurate, or incomplete, We / then DM shall have the full right to suspend or
terminate (without any notice) your DM membership and forfeit any amount paid
by you towards DM membership fee and refuse to provide DM service to you
thereafter.
C. DM also reserves the right to block the registration of your
profile on Website/App, if any, in the case of your contact details/links being
entered in irrelevant fields or if there are errors in any data entered by the
DM members in their profile.
D. Registration of duplicate profiles of the same person is not
allowed in DM Website/WAP/APP. We DM shall have full right to suspend or
terminate (without any notice) such duplicate profile.
E. You acknowledge and confirm that your registration with DM
and the usage of DM services is with the bonafide intention of marriage and not
otherwise. DM Membership is restricted strictly to the registered DM individual
member only. Organizations, companies, businesses and/or individuals carrying
on similar or competitive business cannot become Members of DM and nor use the
DM Service or DM members data for any commercial purpose, and We DM reserve our
its right to initiate appropriate legal action for breach of these obligation.
3. Account Security
You
are responsible for safeguarding the confidentiality of your DM login
credentials such as your user id, password, OTP, etc., and for restricting
access to your computer/mobile to prevent unauthorized access to your account.
We, do not ask for password and you are cautioned not to share your password to
any persons. You agree to accept responsibility for all activities that occur
under your account
4. Role and Responsibility of DM
A. DM reproduces your details once you register on our website /
WAP/ App on "as is" and "as available" basis and also share
your profile with other registered DM members within website(s) of MCL.
B. Our DM obligation is only to provide a DM interface to its
registered members to search their prospect themselves without any assistance.
C.
The profile search conducted by any DM member and the results thereof are
automatically generated DM, and based on the partner preference set by you. In
the event DM member changes their partner preference on the Website/App, then
the automated system generated prospect results of the Website/WAP/APP may also
undergo corresponding change.
D. DM does not prohibit any DM member from sending interest to
your profile or communicating to you based on their partner preference. But you
are at the liberty to deny their interest or proceed further if you are
interested.
E. DM cannot guarantee or assume responsibility for any specific
results from the use of the data available from the DM service or from the
consortium of websites owned by MCL including community based websites.
F. DM shall safeguard sensitive user information using security
standards, authentication mechanisms, access controls and encryption
techniques.
G. DM cannot guarantee the complete protection of user data
while it is in transit, or prevent any tampering of the data by a third party
with malicious intent before the data reaches the DM servers
H. DM does not authenticate/endorse any information of any
profile and hence you as a user need to verify the credentials and information
provided by other users.
5. Role and Responsibility of DM Member
A. You shall safeguard your profile information by creating a
strong password during profile creation with combination of alphabets, both
upper and lower case and numbers.
B. To protect the broader interest of the registered DM member
and increase the efficiency, DM members ensure to keep their username and
password safe and confidential for using the DM services
C. Any information / data required by DM for using the DM
services shall be provided by the DM Member, as and when so sought by DM
D. DM members are required to submit the Court Order for
Divorce/marriage annulment along with their profile details.
E. You are requested to verify the credentials of the prospect
exercise due care and caution regarding their profile information which
includes marital status, educational qualifications, financial status,
occupation, character, health status, etc. and satisfy yourself before making a
choice of your match. DM shall not be liable for short coming due to any
misrepresentations made by any of its DM members.
F. DM Members are expected to verify the credentials of the
prospect such as status of Divorce, Order for Divorce granted by the
appropriate court(s), family status, educational qualifications, financial
status, occupation, character, health status, etc.
G. To get better search results, DM Members are expected to
provide latest photograph which should not be more than 3 (three) months old.
Providing old photographs/ photographs of others, inaccurate / false
information shall be treated as violation of terms and conditions and DM shall
retain their right under clause 2 (b) of this terms and conditions.
H. DM members are expected to disclose their health records
during profile enrolment which includes any pre-existing illness, physical
disability etc. Non- disclosure at the time of enrolment shall be treated as
violation of the terms and conditions and DM shall retain their right under
clause 2 (b) of this terms and conditions
B. Any information / data required by us for using the DM
services shall be provided by the DM Member, as and when so sought.
C. You are requested to verify the credentials of the prospect,
exercise due care and caution regarding their profile information which
includes marital status, educational qualifications, financial status, occupation,
character, health status, etc. and satisfy yourself before making a choice of
your match. We DM shall not be liable for short coming due to any
misrepresentations made by any of its DM members.
D. To get better search results, DM Members are expected to
provide latest photograph which should not be more than 3 (three) months old.
Providing old photographs/ photographs of others, inaccurate / false
information shall be treated as violation of terms and conditions and DM shall
retain their right under clause 2 (b) of this terms and conditions.
E. DM members are expected to disclose their health records
during profile enrollment which includes any pre-existing illness, physical
disability etc. Non - disclosure at the time of enrollment shall be treated as
violation of the terms and conditions and We DM shall retain their right under
clause 2 (b) of this terms and conditions.
F. DM Members are expected to refrain from:
i. Entering into any financial transactions with prospects. DM
Members shall not seek financial help or provide financial help from / to the
other DM Members.
ii. Using abusive language when they communicate with the other
DM Members
iii. being discriminative or using racial comments etc.
iv. Sharing of confidential and personal data with each other
but not limited to sharing of bank details, etc.
v. Entering into physical relationship with any prospect before
marriage.
vi. violating any law for the time being in force.
vii. From mentioning details of other matrimonial services while
sending personalized messages
G. DM members are expected to visit URL https://www.dusrasathi.com/safedusrasathi/ for
understanding the safety measures on partner search and awareness towards
online safety.
H. DM Members are expected to be cautious of prospects who ask
for favours / sexual favors, sexual favors money etc or call from multiple
phone numbers, only interact over phone, doesn't come forward for face to face
meeting (physically or through video calls) and don't involve family and
friends in match making. Beware of suspended profiles status before you
finalize an alliance with the prospect.
I. The DM members agrees that for getting effective search
results of prospects on Website/App you will regularly log in to the profile
maintained in the Website/App and send expression of interest which is an
automated messages to prospects as a free DM member, and in the event you have
availed paid DM package, you can send personalized messages to prospects to
show your expression of interest/replies. DM member also may review the
expression of interest sent to you / read the messages sent to you by prospects
and may respond suitably.
J. You also agree that while accessing / using the Website/WAP
App, you will be guided by the terms and conditions of the Website/WAP /App
including but not limited to the use of feature of website/WAP App like chat
instantly with prospect, viewing horoscope of prospects, enhancing privacy
settings (photo/horoscope/phone number) or for viewing social and professional
profile of members on their Facebook, LinkedIn, etc.
K. If the DM Member fails to inform DM, about any change in the
particulars furnished by DM member to other DM member, then the DM membership
may be suspended by DM at its sole discretion
L. DM Member shall, in case of finalization of his/her/their
Registrant's marriage, delete their profile by themselves or intimate us for
removal/deletion of their profile.
M. DM Members agree to use secure devices, software and networks
in a private place for accessing the DM services.
N. DM member shall not use any kind of Bots like web robots,
Chatbot or any other automated processes/programs/scripts to use, communicate
or respond in DM Website/App.
O. DM Members agree to use secure devices, software and networks
for accessing the DM services.
P. DM member shall not use any kind of Bots like web robots,
Chatbot or any other automated processes/programs/scripts to use, communicate
or respond in DM Website/WAP/App. DM Members shall not probe, scan or test the
vulnerabilities of the DM Website/WAP/App or any network connected to the
Website/WAP/App nor breach the security measures instituted by DM.
Q. You shall also not make any payment / transfer any amount to
account of any MCL employees. All payments shall be made only to DM account.
R. DM members are expected to approach MCL to resolve their
complaints and grievances and shall not air their grievance/complaints in
social media.
6. Customer Care / Customer Service
In the event you come across any concerns in our service, then
please be free to contact us:
Email
ID :
Contact No :
Address :
Dusrasathi.com
7. Medium of Communication to DM Members
A. DM member hereby consents for receiving communication
including promotional communications through any medium of communications such
as electronic mails, calls, SMS or through Whatsapp messages from MCL or other
portals owned by MCL or their alliance partners.
B. DM by its automatic system sends to its member (s), profile
(s) of the prospect by way of images/ documents/ messages / links. DM member
confirms that the mobile number submitted to it for verification or alternative
number if any provided, is not registered with the Do Not Disturb / National
Customer Preference Register and they shall not initiate any complaint. DM
Member further confirms that even if DM Member is registered with the telecom
service provider under the category Do Not Disturb / National Customer
Preference Register the calls from DM either to the verified mobile number or
alternative number if any provided shall not be treated as promotional calls.
C. You are also entitled to set up your communications frequency
from DM, like only on weekends or fortnightly etc. You may also opt for not
getting any call from DMby ticking the appropriate box in the Website/WAP/App,
provided that, you agree to receive calls from Relationship Manager of Assisted
Dusrasathi/ Elite Dusrasathi for contacting you as a shortlisted profile for
their registered members.
8. Confidentiality
Any feedback you provide to us DM shall be deemed to be
non-confidential. We DM shall be free to use such feedback/information on an
unrestricted basis. Further, by submitting the feedback, you represent and
warrant that
(i). your feedback does not contain confidential or proprietary
information of yourself or third parties;
(ii). DM member is not under any obligation of confidentiality,
express or implied, with respect to the feedback;
(iii). you are not entitled to any compensation or reimbursement
of any kind from us DM for the feedback under any circumstances.
9. Privacy of Membership
To protect your privacy and understand our practices as amended
from time to time, please read and follow our Privacy Policy, which also
governs your visit to DM and other websites owned by MCL, the personal information
/ data provided to us by you during the course of usage of DM will be treated
as confidential and in accordance with the Privacy policy and applicable laws
and regulations. If you object to your information being transferred or used,
please do not use the website /WAP/App
You agree that, when you use third party services through
Website/WAP/App, you hereby grant DM the right to share your information needed
for providing such third party services to you or in relation to processing
your information for office use of DM/its payment gateway and/or such third
party service providers.
10. Grievance Officer
In the event you come across any violation by another user
including but not limited to having content in the web site that is obscene,
menacing, grossly offensive, harming minors, infringing copyright, patents,
etc., or another user is impersonating etc. you may then please be free to
provide your concerns in writing or email us with digital signature to:
The Grievance office shall be available between 10 am till 6 pm
Indian Standard Time from Monday to Saturday excluding Sunday and public
holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The
Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all
complaints to the Grievance Officer shall be in writing
The Grievance Officer shall handle complaints in relation to the
following violation by the User of computer resource as the User is not
entitled to host, display, upload, modify, publish, transmit, update or share
any information on the Website /WAP/App that -
A. belongs to another person and to which the User does not have
any right
B. is grossly harmful, harassing, blasphemous defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever;
C. harm minors in any way;
D. infringes any patent, trademark, copyright or other
proprietary rights;
E. violates any law for the time being in force;
F. deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature;
G. Impersonate another person;
H. contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer resource;
I. threatens the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
11. Disputes between Members
A. DM Members are solely responsible for the communications
(through any medium) with prospect or vice versa. We DM expressly disclaim any
responsibility or liability for any monetary transaction(s) or exchange(s) or
interaction(s) or passing of information(s) etc. between any DM members inter
se via e-mail, chat, interaction, Whatsapp or any other medium of communication
between DM members either using website /WAP/App or otherwise.
B. DM has no obligation, to monitor any such disputes arising
between the DM members, and We DM shall not be party to any such
dispute/litigation etc.
C. We are DM is not a broker or the agent of any DM member, and
DM does not partake in the exchange of any kind of discussion between the DM
members and prospects or the results of their discussion.
12. Content Right
I. You agree that all content of DM belong to MCL excluding your
or third party content including advertisement on the Website/WAP/App for which
We have / We has requisite license/right in terms hereof to display the same on
our Website/WAP/ App.
II. You acknowledge that you alone are responsible and liable
for the content (mandatory or optional content you provided on our website) and
information including the profile details, photograph and other content(s)
keyed in the relevant field of the Website/WAP App at the time of the creation
of the DM profile or subsequently modified by you and also for all the post and
communication (including personalized messages sent by DM paid members) with
other member(s). You hereby represent and warrant that you own all rights,
title and interest in your content/information or have the necessary licenses,
rights, consents, and permissions to provide the said content/information.
However, by submitting the content/information to DM, you hereby grant us DM a
worldwide, non-exclusive, royalty-free, sub-licensable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, publish,
communicate to the public, law enforcement agencies, courts, and Our / The DM's
business and services, including without limitation for promoting,
communicating to the public and redistributing part or all of the
content/information (and derivative works thereof) in any media formats and
through any media channels.
III. While DM does not accept any obligation to monitor the
content/information in your profile, if the content/information is found not to
be in compliance with these Terms and conditions, DM may delete the
content/information and / or terminate or suspend your registration or (without
a refund of any subscription paid by you in terms of clause 2 (b) of these
terms and conditions). You agree that if the situation warrants, We DM may at
our / its sole discretion put restriction on any DM member to other member's
communications.
IV. MCL reserves the right to proceed/initiate appropriate steps
under the prevailing law against infringement by violators of the its
proprietary rights or for illegally copying, modifying, publishing,
transmitting, distributing, performing, displaying, or selling of any such
proprietary information including using it for commercial purpose in any manner
whatsoever.
13. Third Party website
A). DM member understand and agree that We may allow third
parties to put up advertisements on the DM application/Website and We do not
control the contents of such third party advertisement on the DM
application/Website. Third party websites to which links are given on
Website/App are not governed by these Terms and conditions and all such third
party websites are governed by their own terms and conditions for use and
privacy policy, and in case of conflict the terms and conditions of the third
party website shall prevail. The Company does not in any manner whatsoever
authenticate, endorse, verify or certify these third party websites or any
contents therein. Please note that a user shall click on links to third party
websites at his / her sole risk and responsibility.
B). The DM members agrees and understands that DM may also allow
third parties to provide DM members services on the website/App like horoscope
matching etc., and We may also collect the payment for such third party
services to you, and DM in this regard, We can have revenue sharing arrangement
with such third party, however in no event shall We are DM be liable to you for
such third party services.
C). DM reserve the right to add/delete/alter/modify/suspend any
or all the DM Services at any time as it may deem fit, without notice. The DM
members are expected to see the change on the Website/WAP/ App
14. Limitation of liability
A. MCL / DM or its Office bearers shall under no circumstances
be liable or responsible to the DM member or his/her authorized Representative
or Registrant / Guardian or any third party for any direct, indirect, special,
exemplary, incidental, or consequential damages of any character including,
without limitation, damages resulting from the use of our Website/WAP/
App/Third Party Website/ DM services.
B. DM inform you that the exchange of profile(s) through or by
us DM should not in any way be construed as a matrimonial offer and/or
recommendation and / or advice or guarantee given to the DM member, from/ or by
DM
C. Notwithstanding anything to the contrary contained herein,
Our / DM'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 DM, for any specific DM paid package, and no further
D.MCL / DM will not be
liable in case of any wrong/improper match made due to unavailability of
profiles from DM MCL's owned other websites.
E. MCL / DM or its
office bearers shall under no circumstances be liable, if any, for the DM
member entering into financial transaction with any other DM Member or any
third party.
F. MCL / DM or its
office bearers shall under no circumstances be liable, if any, for any DM
members not responding/reciprocating when you approach them for matrimonial
alliance.
15. Class Action Suits
You acknowledge and confirm that you will not bring or
participate in any class action or other class proceeding in connection with
any dispute with us / DM. Further neither you nor MCL / DM agrees to class
arbitration.
16. General
In case the event you file a false complaint against another
prospect on our Website /App and consequently we have suspended/deleted that
prospects profile based on your complaint, then we reserve our right to
initiate appropriate legal (Civil/Criminal) action against you and claim any
and all costs expenses from you, for such
irresponsible/misrepresentation/illegal/unlawful action. We also reserve our
right to suspend your profile and forfeit any and all amounts paid by you for
the DM services as per clause 2 (b) of these terms and conditions.
17. Notwithstanding
anything contained herein, DM reserve the absolute right to delete, in any manner
as it deems fit, any content of any profile listing placed on DM website/App
(once such instance come to DM notice) in order to ensure, that proper consent
has been obtained by you , prima facie accuracy and the prevailing laws in
force for the time being, especially those relating to providing any obscene,
libelous, blasphemous, slanderous, defamatory or invasive of another person's
(deceased or alive) right of privacy or publicity, or that may reasonably be
deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening,
hateful, objectionable with respect to race, religion, creed, nationality,
gender or otherwise unfit for reproduction; or suggests or encourages unfair or
illegal /indecent, unlawful activity. DM also reserves the right to block/
delete / suspend the profile which might be offensive, illegal or that might
violate the rights, harm or threaten the safety of our office bearers/employees
(including undue communication with any employee) and/or other registered
prospects or using our DM website/App as a means of communication while sending
messages to other DM members regarding their profile identity in other
matrimonial websites.
18. Once your paid
membership expires, you cannot avail the unexpired balance phone call count/
unexpired SMS. Similarly, you cannot access the already viewed DM member(s)
contact information unless you renew your account within 30 days.
19. However on
renewal, the unexpired phone call / SMS shall be carried forward to your
account from the last day of expiry
20. In case of
conflict between the terms and condition of Website/WAP App and terms and
conditions of any other website including other websites of MCL, the terms and
condition of DM Website/App shall prevail for the service provided through this
Website/App.
21. Disclaimer
A. Your access to and use of the DM Services or any content is
at your own risk. YOU UNDERSTAND AND AGREE THAT THE DM SERVICES ARE PROVIDED TO
YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT
LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, DM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. DM does not warrant that the Website/WAP/App, its
servers, or e-mail sent from DM are free of viruses or other harmful
components. We are DM wil not liable for any damages of any kind arising from
the use of this DM Website/App, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
B. We do DM does not give any implied or explicit guarantee or
warranty of marriage or alliance by you choosing to register on our Website/App
and using DM services (both paid and free).
C. Notwithstanding anything contrary contained anywhere, under
no circumstances, DM shall be held responsible or liable whatsoever or
howsoever, arising out of, relating to or connected with:
i. any act or omission done by DM /MCL/payment gateway/alliance
partner etc.;
ii. any untrue or incorrect information submitted by any CM
Member/you or on your behalf;
iii. any decision taken by you or on your behalf or any
consequences thereof, based on any information provided by any other user
(including suspension/deletion of the profile from DM);
iv. any unauthorized or illegal act done by any third party
relating to or connected with any information submitted by you or on your
behalf;
v. any cybercrime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions
including limitation of liability clause of these terms and conditions.
viii. Using/availing of third party services namely horoscope
matching services etc. and for paying them through the Website.
ix. DM shall not be liable for the outcome of during any
interaction in a meeting, call, sms, chat, email or social media posts at any
point of time.
x. Any issues relating to any technical malfunction of any
telecommunication network, software, hardware failures, network congestion,
denial of service, failure due to spamming or any combination of the above.
D. You expressly agree that your use of this Website/App is at
your sole risk.
E. We are not liable to you for any damage or alteration to your
equipment including but not limited to computer equipment, hand-held device or
mobile telephones as a result of the installation or use of the app. We are not
liable to you for any damage or alteration to your equipment including but not
limited to computer equipment, hand-held device or mobile telephones as a
result of the installation or use of the App.
22. Indemnity
By using our DM services you agree to defend, indemnify, and
hold harmless MCL/DM , its subsidiaries, affiliates, Directors, officers,
agents, and other partners and employees, fully indemnified and harmless from
any loss, damage, liability, claim, or demand, including reasonable attorney's
fees, made by any person through improper use of the service provided by us DM.
This defence and indemnification obligation will survive in perpetuity.
23. Termination
DM in good faith reserve our right to terminate your DM
membership or suspend/delete your profile at our sole discretion without any
notice to you and take any action as mentioned in clause 2 (b) of the Terms and
Conditions, in case you
I. seek physical / financial favors from our other registered
members or
II. have provided incorrect information on our website/WAP/ App
or
III. have committed any fraudulent/ unlawful/ illegal activities
through the use of our website/WAP/ App or
IV. have violated this Terms and conditions or
V. have misappropriated the name, likeness, email address,
contact no or other personally identifiable information of another DM member on
our website /WAP/App by impersonation/ fake/ bogus/ false/ misrepresentation/
without consent of the person who's profile is being registered or use only
part information including using photo of third parties without the permission
of such third parties or act with other members/employees in indecent/improper
manner,
B. If DM receives any complaint against you and consequently we
have suspended/deleted your profile in good faith, then we shall not be liable
to you in any manner whatsoever, including for any loss, costs, expenses, or
consequence, if any. Unless otherwise provided in these Terms and Conditions,
DM membership may be terminated by DM / you without assigning any reasons by
serving 7 (seven)days written notice on the other, all amount paid till date by
you to DM shall be forfeited.
C. Upon termination / suspension of DM membership, your right to
use or access the DM Website/WAP/App of DM services will cease immediately. All
provisions of this terms and conditions that by their nature should survive
termination shall survive termination, including, without limitation,
disclaimers, and limitations of liability. Termination of your access to and
use of the DM Services shall not relieve you of any obligations arising or
accruing prior to such termination.
D. Upon termination / suspension of DM membership, your right to
use or access the DM Website/App services will cease immediately. All
provisions of this terms and conditions that by their nature should survive
termination shall survive termination, including, without limitation,
disclaimers, and limitations of liability. Termination of your access to and
use of the DM Services shall not relieve you of any obligations arising or
accruing prior to such termination.
24. Jurisdiction and Applicable Law
A. The registration of DM membership and all DM services are
deemed to have been entered into within the territorial Jurisdiction of
Chennai, India.
B. The DM Members unconditionally agree that all such disputes
and / or differences if any shall be governed by the Laws of India and
submittingto the exclusive Jurisdiction of appropriate court of law in Chennai,
Tamil Nadu, India.
25. Mode of Payment
A. Payment made by cash / cheque / Net Banking / Debit / Credit
Card/ Paypal/ RTGS/ NEFT/ would be in accordance with the prevailing RBI
guidelines. Activation of paid DM service shall be subject to realization of
the said payment. In case of dishonor of Cheque/demand draft; you shall be
liable to pay applicable bank's cheque/DD bouncing charges. Further DM service
to your account will be deactivated / suspended until you settle the value of
the payment and applicable bank charges in cash.
B. DM uses third party payment gateways for collection payment through
credit/debit card or other payment instruments.
C. You agree to provide us with your Permanent Account Number /
Form 60/61 of the Income Tax Act, 1961 and rules thereunder in the event you
choose any paid package of MCL, the value of such paid package being Rs.
2,00,000/- [Rupees Two Lakh Only] and above from MCL.
26. Refund and Assignment
The payments made by any DM member to MCL by way of membership /
renewal fee / auto renewal are treated as non-refundable.
DM member shall not assign or transfer your DM membership to any
other person or entity, and such an act shall be treated as violation of terms
and conditions and DM shall retain their right under clause 2 (b) of this terms
and conditions.
Payment once made for DM services cannot be assigned to any
person/party or adjusted towards any other product or packages provided by the
Company.
27. Renewal
A. We automatically renew all paid Memberships before the expiry
of the term of the paid Membership. You agree that your account will be subject
to this automatic renewal feature. We would send an electronic mail to your id
registered with us for your automatic renewal.
B. When you first subscribe for your paid Membership, you
acknowledge that when your paid Membership expires it will automatically renew
for the duration and at the last paid price.
C. The maximum tenure of any packages will be 12 (Twelve) month.
Every DM packages post validity period (varies from package to package), shall
be renewed.
D. If you do not want your paid membership to automatically
renew, you must cancel your paid / automatic membership. In case you have to
mail for cancellation, mail us
28. Additional terms and conditions applicable to Non- Resident
Indian customers.
A. Jurisdiction
Jurisdiction and Applicable Law The laws of India shall be applicable.
B. Arbitration of Disputes.
The Parties shall discuss among themselves and resolve any
disputes informally. We are interested in attempting to resolve any Disputes by
amicable and informal means, and we encourage you to contact us before
resorting to arbitration. If the dispute is not resolved within 30 ( thirty )
days from the date of such dispute , then such dispute may only be resolved
through an individual arbitration conducted in accordance with the provisions
of The Arbitration and conciliation Act, 1996 as amended, by sole arbitrator.
The seat of Arbitration shall be Chennai, Tamil Nadu, India. We shall appoint
the sole arbitrator. The arbitration proceedings shall be conducted in the
English language
C. However,
disputes relating to infringement of our intellectual property rights, which we
may elect to have resolved by means other than arbitration
D. In case of
Renewal, Customer is charged the current price that prevails and renewal is
done only for 3 months duration irrespective of the past package.
E. Enforcement
Any proceeding to enforce this arbitration agreement may be
brought in Courts of Chennai, Tamil Nadu India.
29. Assisted Service Guarantee
Assisted Service Guarantee is applicable only for the users:
Who have availed the Assisted Service for the first time
Who have more than 100 matching profiles based on the partner
preference set by them at the time of the Assisted Welcome Call
Who have not narrowed down the partner preference, once the
Assisted service starts
30. Membership Packages
A.We have various
premium membership packages called Gold, Diamond, Platinum, Till U Marry and
Assisted.
B.You shall opt for any
of our premium membership packages varying between three months to one year
with differing price to access various premium features.
C.Each premium package
has certain limitations on count of Phone number view except for Diamond and
Platinum package (3 & 6 months). The Diamond and Platinum package (3 &
6 months) has unlimited phone number view but within the Fair Usage Policy limit.
Viewing an accepted member's mobile number will not deduct the mobile number
count (For applicable domains)
D.The members of Diamond
and Platinum package (3 & 6 months) can receive Personalised Messages (PMs)
from Free Members. Only if PP of Platinum member matches with the Personal
Interest of the free member profile this will be allowed (For applicable
domains).
E.The Fair Usage Policy
(FUP) limit on Phone view count and Count on Personal message is as follows:
Fair Usage Metrics |
Fair Usage Metrics Personal
Message Count |
Phone View Count |
Day Zero Paid Limit |
50 |
20 |
Daily Limit |
100 |
30 |
Weekly Limit |
150 |
50 |
Monthly Limit |
500 |
100 |
Total Limit |
4000 |
750 |
F.To know the complete
details on various Membership package and its benefits, please visit 'Payment
Options' page