EFFECTIVE DATE: October 1, 2023
These Terms and Conditions ("Terms"), including the BINDING ARBITRATION CONTAINED HEREIN govern your access to, use of, and participation on the Platform made available by FlipTree Technologies (India) Private Limited ("FlipTree", "Facilitator", "we", "our", or "us") and the entirety of your relationship with the Facilitator. PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND THE FACILITATOR. In these Terms, the words "including" and "include" mean "including, but not limited to". BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. These Terms expressly supersede prior agreements or arrangements with you. The Facilitator may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
PLEASE REVIEW THE ARBITRATION AGREEMENT CONTAINED HEREIN CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE FACILITATOR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
All references to "you" or "your", as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its officers, directors, employees, agents, and investors.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
The Facilitator may amend the Terms from time to time. The Facilitator reserves the right, in its sole discretion, to amend these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Amendments will be effective upon the Facilitator's posting of such updated Terms at this location. You will be required to accept the amended Terms to continue to use the Platform. Your continued access or use of the Platform after such posting confirms your consent to be bound by the Terms, as amended. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
In order to use the Platform and its Services you must register as a User on the Platform. The Platform is an 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 Platform and to become a User. By using the Service, you consent to submit your personally identifiable information including sensitive personal data such as your financial data if opted for our paid membership, Identity proofs etc. to collect, process, display and use the said information to provide the Service and to contact you by other Users. IF YOU HAVE ANY OBJECTION IN COLLECTING AND/OR PROCESSING YOUR PERSONAL DATA, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
If you want to withdraw this consent, you must discontinue using our Service and delete your Account directly on the Platform.
"Platform" means all Lumi Matrimony websites, mobile or other applications, software, processes, and any other services provided by or through Lumi Matrimony Mobile App, which enable Users to connect to other Users.
"User" (each a "User" and, collectively, the "Users") means a person who voluntarily submits information to the Platform and completes the Facilitator's Account registration process on the Platform regardless of whether such person uses the Service as a free member or a paid member on the Platform.
"Member" (each a "Member" and, collectively, the "Members") means a User on the Platform.
"Candidate" (each a "Candidate" and, collectively, the "Candidates") means a User on the Platform.
"Application" (each a "Application" and, collectively, the "Applications") means mobile or other applications.
"Account" (each a "Account" and, collectively, the "Accounts") or "User Account" (each a "User Account" and, collectively, the "User Accounts") means a personal account of a User on the Platform.
"Service" (each a "Service" and, collectively, the "Services") means the matchmaking service provided by the Platform to a User where the User is matched against another User(s) on the Platform based on the User’s preferences or the Facilitator’s recommendations.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, message threads, reviews, and other information or materials available on or through the Platform.
"Lumi Matrimony Content" means all Content the Facilitator makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, and messages, but excluding Lumi Matrimony Content and Feedback.
"Collective Content" means User Content and Lumi Matrimony Content together.
"Identification Number" means a unique identity number issued to the citizens of India by the Government of India such as Aadhaar Number, Passport Number, Permanent Account Number (PAN), Driving License Number, Voter Identity Number etc.
"Payment Method" (each a "Payment Method" and, collectively, the "Payment Methods") means a current, valid, accepted method of payment submitted by User such as UPI, Net Banking, credit card, debit card, prepaid card, Google Pay etc. as may be updated from time to time.
"Payment Processor" means the third-party payment service provider providing payment processing services on the Platform.
"Device" (each a "Device" and, collectively, the "Devices") or "Mobile Device" (each a "Mobile Device" and, collectively, the "Mobile Devices") means Apple iOS or Android smartphone capable of accessing the Platform.
The Platform is provided by the Facilitator, and you understand and agree to the following:
a. If you choose to register, you must submit a valid phone number and a valid e-mail address during the registration process.
b. You are responsible for maintaining the confidentiality of your personal information, and all uses of your Account - whether or not you've authorized such use.
c. You agree to notify the Facilitator immediately of any unauthorized use of your Account.
d. You are at least 18 years or above (if you are a female) or 21 years or above (if you are a male).
e. If you have applied for Divorce, you agree to register on the Platform by stating "Awaiting Divorce".
f. You agree that the Facilitator will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all Users, including your content, will be collected, aggregated and integrated into the Service and that the Facilitator will use aggregated data collected from you and other Users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, the Facilitator in no way controls, verifies, or endorses any of the information contained on or in the Service, including links, events, messages, message boards and members published listings.
g. All profiles will be fully activated only after verifying the Identification Number submitted by the User.
h. Once you register on the Platform, from then on, you will be getting promotional e-mails for your informational purposes.
i. The Platform does not involve directly in the matchmaking process of any User. Matchmaking should be done by the Users.
j. You agree that all disputes are subjected to Ernakulam District (Kerala) Jurisdiction only.
k. A User's account will be deleted upon the User providing documentary evidence of marriage such as marriage registration certificate. The documentary evidence can be submitted to the Platform via email to firstname.lastname@example.org along with the Account information.
l. The authenticity of the details given in any User profile i.e., age, qualification, employment, family details etc. should be verified and confirmed by the Users. The Facilitator will not be responsible for any issue arising in this regard at any point of time.
m. Any change in the profile such as date of birth or educational qualification will be made only after submitting the required proof by the concerned User.
n. The Facilitator will not be responsible for any issues arising for a candidate while communicating through his/her personal communication media like Email, Phone, WhatsApp, Social Media such as Facebook, Instagram etc.
o. You are requested to provide your personal mobile phone number while registering your profile which will be registered for the purposes of verification and communication.
p. Candidate should submit their Identification Number to become a verified member on the Platform. If failed to submit the Identification Number, the Account may be deactivated without any further intimation.
q. The Facilitator reserves the right to forthwith terminate your Account and/or your right to use the Platform at any time. You may terminate your Account at any time, for any reason by writing to the Facilitator. The Facilitator may terminate your access to the Platform and/or your Account for any reason or no reason at all.
r. Users can view and access opposite gender User profiles.
s. A User will have only one Account on the Platform. If a User is found having multiple Accounts, the Facilitator reserves the right to deactivate and/or terminate forthwith all Accounts of the same User.
t. The Facilitator owns and retains all proprietary rights of the Platform and the Service. The Platform contains copyrighted material, trademarks, and other proprietary information of the Facilitator, 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 Account is liable to be terminated forthwith by the Facilitator. We also reserve our right to take legal action (civil and/or criminal) wherever applicable for any violations.
u. Under no circumstances will the Platform 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 Platform. The Platform reserves the right to verify the authenticity of Content posted on the Platform. In exercising this right, the Platform may ask you to provide any documentary or other form of evidence supporting the Content you post on the Platform. If you fail to produce such evidence, the Facilitator may, in its sole discretion, terminate your Account.
v. The Facilitator will investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending Content from the Platform and terminating the Account of such violators.
w. We are an online matchmaking facilitator where we help you to find your own choice of life partner at your discretion. Hence, we do not assure you that your dream of finding your partner can be fetched from the Platform.
x. You shall not authorize third parties to use your Account. You shall not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform, and you may only access or use the Platform for lawful purposes. You may be asked to provide proof of identity or other method of identity verification to access or use the Platform and/or Services, and you agree that you may be denied access to or use of the Platform and/or Services if you refuse to provide proof of identity or other method of identity verification.
IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS OR DO NOT AGREE WITH THESE REQUIREMENTS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
a. To register as a Member of the Platform, 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).
b. The Platform is intended only to facilitate personal advertisement for lawful marriage alliance between persons who are legally competent to enter into matrimony under the laws of India.
By using this Platform, 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.
You further confirm that you intend to seek a life partner and that you shall not use the Platform for casual dating. You also agree to abide by the Terms of this Agreement. If at any time the Facilitator 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, the Facilitator reserves the right to forthwith terminate your Account and/or your right to use the Service.
License: The Platform is licensed, not sold, to you for use only under these Terms. Subject to your complete and ongoing compliance with these Terms, the Facilitator grants you a limited, non-exclusive, revocable, non transferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your: (a) access to and participation in the Platform on compatible, authorized devices that you own or control; and (b) access and use of any content, information and related materials that may be made available through the Platform. Any rights not expressly granted herein are reserved by the Facilitator and the Facilitator's licensors.
Restrictions: You may not: (a) modify, alter, reproduce, or distribute the Platform in part or entirety; (b) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (c) use, reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, redistribute, license, sublicense, rent, lease, lend, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content except as expressly permitted by the Facilitator; (d) attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any content available through the Platform except as expressly permitted in these Terms; (e) decompile, reverse engineer, disassemble the Platform or create derivative works; (f) link to, mirror or frame any portion of the Platform; (g) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (h) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.
The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Facilitator or its licensors, except for the licenses and rights expressly granted in these Terms. The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Facilitator, its licensors or other providers of such material, and are protected by India and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as permitted herein, you must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms, then: (a) you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights; (b) your right to use the Platform will cease immediately; and (c) you must, at our option, return or destroy any copies of the materials you have made. No rights, title or interest in or to the Platform or any content on the Platform is transferred to you, and the Facilitator reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
Ownership: The Platform and all rights therein are and shall remain the Facilitator's property or the property of the Facilitator's licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (a) in or related to the Platform except for the limited license granted above; or (b) to use or reference in any manner the Facilitator's names, logos, product and service names, trademarks or services marks or those of the Facilitator's licensors. We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
You are fully responsible for any User Content you post on the Platform, including, but not limited to, personal profile(s), message boards, listings, events, testimonials, e-mail messages - and the consequences of any such content. You understand and agree that the Facilitator may review from time to time and delete any content that violates this Agreement, or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video, or audio that:
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. Any User Content provided by you remains your property. However, by providing User Content to the Facilitator or making available any User Content on or through the Platform, you hereby grant to the Facilitator a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform, Services, the Facilitator's business and on third party sites and services), through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. In the interest of clarity, the license granted to the Facilitator shall survive termination of the Platform or your Account. The Facilitator does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU MAKE AVAILABLE ON OR THROUGH THE PLATFORM. ACCORDINGLY, YOU REPRESENT AND WARRANT THAT: (A) YOU EITHER ARE THE SOLE AND EXCLUSIVE OWNER OF ALL USER CONTENT OR YOU HAVE ALL RIGHTS, LICENSES, CONSENTS AND RELEASES NECESSARY TO GRANT THE FACILITATOR THE LICENSE TO THE USER CONTENT AS SET FORTH ABOVE; AND (B) NEITHER THE USER CONTENT, NOR YOUR SUBMISSION, UPLOADING, PUBLISHING OR OTHERWISE MAKING AVAILABLE OF SUCH USER CONTENT, NOR THE FACILITATOR'S USE OF THE USER CONTENT AS PERMITTED HEREIN WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY'S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
While it has no obligation to do so, you agree that the Facilitator may proofread, summarize or otherwise edit and/or withdraw your User Content at the Facilitator's sole discretion and at any time and for any reason, without notice to you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Facilitator in its sole discretion, whether or not such material may be is protected by law
The Facilitator reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.
YOU ACKNOWLEDGE AND AGREE THAT THE FACILITATOR DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO: (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION OF ANY USER.
In order to use the Platform, you must register for and maintain an active Account. As part of the registration process for the Service, you agree to:
a. Provide certain limited information about you as prompted to do so by the Service (such information to be current, complete, and accurate);
b. Maintain and update this information as required to keep it current, complete, and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data").
Account registration requires you to submit to the Facilitator certain personal information, including your name, email address, phone number, photograph etc. The Facilitator reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. The Facilitator reserves the right to refuse the Service to any User.
You are solely responsible for safeguarding your Account. You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account. The Facilitator is not liable for any losses by any party caused by an unauthorized access or use of your Account. Notwithstanding the foregoing, you may be liable for the losses of the Facilitator or others due to such unauthorized use. We have the right to disable any username, Account, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. The Facilitator may, from time to time, access your Account to make certain changes that you request or remove prohibited information from the Platform. Unless otherwise permitted by the Facilitator in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform. You may not in your access or use of the Platform cause nuisance, annoyance, inconvenience, or property damage to any other party. You may be asked to provide proof of identity or other method of identity verification to use the Services, and you agree that you may be denied access to or use of the Platform and/or Services if you refuse to provide proof of identity or other method of identity verification.
No joint venture, partnership, employment, agency, or implied relationship exists between you and the Facilitator as a result of this Agreement or your use of the Platform.
a. The Facilitator Confidential Information: The term "Facilitator Confidential Information" shall mean any and all of the Facilitator's trade secrets, confidential and proprietary information and all other information and data of the Facilitator that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Facilitator Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that the Facilitator Confidential Information is a valuable, special and unique asset of the Facilitator and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any of it. You shall promptly notify the Facilitator in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of the Facilitator Confidential Information. You shall use best efforts to protect the Facilitator Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing the Facilitator Confidential Information to the Facilitator upon termination of this Agreement for any reason whatsoever.
b. User Confidential Information: As a User, you understand that in availing the Services, you will receive certain private and/or confidential information regarding other Users and will have access to their homes and personal belongings. Except upon order of government authority (for example, court, administrative agency) having jurisdiction, or upon express written consent by the other User, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the other User, including addresses, phone numbers, personal and/or financial information. You further agree not to engage in any activity which violates the privacy of any Users, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of other Users or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. YOU ACKNOWLEDGE THAT YOUR FAILURE TO COMPLY WITH THE FOREGOING SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT.
The Facilitator does not endorse any User. No agency, partnership, joint venture, or employment is created as a result of these Terms or any User's use of any part of the Platform.
Users are required by these Terms to provide accurate information, and although the Facilitator may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background.
You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other User. The Facilitator has no responsibility for any damage or harm resulting from your interactions with other Users. The Collective Content may contain links to third party websites, offers, or other events/activities not owned or controlled by the Facilitator. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from the Facilitator with respect to such actions or omissions.
The Facilitator may publicly display advertisements, paid content, and/or other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
By sending us any feedback, comments, questions, or suggestions concerning the Facilitator or our services, including the Platform (collectively, the "Feedback") you represent and warrant that: (a) the Feedback does not violate the rights of any other person or entity; and (b) your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further: (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (b) acknowledge that we may have something similar to the Feedback already under consideration or in development; (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (d) irrevocably waive, and cause to be waived, against the Facilitator and its Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
To use the Platform, you must have data network access. You are responsible for all data network access charges. You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from your Device. You are responsible for acquiring and updating compatible hardware or Devices necessary to access and use the Platform and any updates thereto. The Facilitator does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or Devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. The quality of the display of the Platform and Collective Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your data network connection. The Facilitator makes no representations or warranties about the quality of your experience on your Device.
To schedule and accept Services, you must possess a Mobile Device. As a User, you hereby acknowledge and consent to the Facilitator's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device and/or your address so that we can provide our Services to you. The Facilitator does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide or receive the Services contemplated by this Agreement, or the frequency with which you use the Platform to schedule or provide Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
Access to Third-Party services: The Platform may be made available or accessed in connection with third- party services and content (including advertising) that the Facilitator does not control, and may enable you to export information or content, including your or other Users' User Content, to Third-Party services such as Facebook, Google or Apple, through a feature of the Platform. You acknowledge that Third-Party Terms may apply to your use of such third-party services and content. The Facilitator does not endorse such third-party services and content and in no event shall the Facilitator be responsible or liable for any products or services of such third-party providers. Additionally, Apple, Inc., or Google, Inc. will be a third- party beneficiary to this contract if you access the Platform using Applications developed for Apple iOS or Android mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Platform in any manner. Your access to the Platform using these devices is subject to applicable Third-Party Terms.
If you have an intellectual property rights related complaint about material posted on the Platform, you may contact our Grievance Officer. Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:
a. An electronic or physical signature of the owner of the copyright or other right being infringed, or the person authorized to act on behalf of the owner of the copyright or other right being infringed.
b. A description of the copyright protected work or other intellectual property right that you claim has been infringed.
c. A description of the material that you claim is infringing and where it is located on the Platform.
d. Your address, phone number, and email address.
e. A statement by you that you have a good faith belief that the use of those materials on the Platform is not authorized by the copyright owner, its agent, or the law.
f. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Facilitator Content is protected by copyright, trademark, and other laws of India, foreign countries, and international conventions. Except as expressly provided in these Terms, the Facilitator and its licensors exclusively own all right, title, and interest in and to the Platform and the Facilitator Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of the Facilitator used herein are trademarks or registered trademarks of the Facilitator. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
At all times Users on the Platform are expected to conduct themselves honorably, while engaging in a conversation or while being in a chat. The services provided by the Platform is only an aid to enable parties to know each other better in furtherance of their intention to culminate the relationship into matrimony and the platform provided should not be used for illegal or immoral purposes of any kind. No kind of bullying is acceptable. Language employed should be discreet, words and sentences must be typed in full. Employment of Slang in conversation is discouraged. Spamming is banned. Sending of Links and Images of any kind is strictly prohibited. The Users must not engage in any unlawful activity. Offensive and sexually explicit photographs, pictures or material should not be sent using the services provided on the Platform. The Platform provided should not be used for trading or transferring banned and illegal substances, drugs, narcotics and alcoholic beverages or substances. The privacy of the parties should be respected unscrupulously. The use of the word "STOP" signals the end of the conversation and beyond this no attempt should be made to reach the party raising the signal. No party is permitted to record chats on the Platform. Additionally, you are required not to post any identifiable information about the party with whom engagement is carried out on any form of social media or otherwise at any place. Users shall not post content that shares or solicits any private information, either directly or through external links. Other untoward incidents which the parties may come across shall be reported to the Facilitator at the earliest. Any violation of the Terms will lead to termination of Account of the offending User and in appropriate cases legal action maybe initiated. You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to:
The Facilitator will promptly terminate without notice the accounts of Users that are determined by the Facilitator to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Content removed from the Platform at least twice.
Profile Advertising: The Platform is an advertising platform providing targeted advertising services for the purpose of matchmaking. For the Platform to provide the Services, the User is required to submit certain personal information. This information is used by other Users for searching and matching purposes. Users can choose to advertise their profile ("Profile Advertising Purchase") by paying a fee which will boost their profile views by other Users on the Platform. This will help Users have a greater number of profile visits and better chance of finding matches on the Platform.
Contact Information: The Platform allows Users to directly access contact information of other Users such as registered phone numbers by paying a fee ("Contact Information Purchase"). Once the payment is made, that specific User's contact information will be available indefinitely to the User on the Platform. For paid Users, linking their government issued identity verification documents to their Account is mandatory in order to purchase the contact information of other Users. Without linking government issued identity verification documents a User will not be eligible to purchase the contact information of other Users. You hereby provide your consent to collect, process, and share your Personal Information including but not limited to your contact information with other Users.
Payment Processing: You authorize the Facilitator and the Payment Processor to process the charges associated with Profile Advertising Purchase and Contact Information Purchase.
Payments: As a User you agree to pay all amounts you owe associated with your Profile Advertising Purchases and Contact Information Purchases. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients. The Platform may enable you to make payments using different Payment Methods. We reserve the right to cancel your ability to make payments with one or more of the Payment Methods you have authorized in our sole and absolute discretion. Invoicing and the associated payment processing for Profile Advertising Purchase and Contact Information Purchase will also involve collecting the applicable taxes mandated by the local, state, or federal government or a combination of all.
Return Policy: This is not applicable for the Services offered on the Platform.
Shipping Policy: Your on-demand Contact Information Purchase will involve immediate delivery of the purchased contact information on the Platform upon you completing the payment and is not tied to any subscription fees. Your on-demand Profile Advertising Purchase will involve immediate advertisement of your profile to other Users on the Platform upon you completing the payment and is not tied to any subscription fees.
Refunds and Cancellation Policy: The refund is NOT APPLICABLE to your on-demand Contact Information Purchase since the purchased contact information is immediately delivered to you on the Platform upon you completing the payment and is not tied to any subscription fees. The refund is NOT APPLICABLE to your on-demand Profile Advertising Purchase since your profile is advertised immediately to other Users on the Platform upon you completing the payment and is not tied to any subscription fees. All requests for chargebacks, errors, claims, refunds and disputes (each a "Payment Dispute" and, collectively, the "Payment Disputes") will be subject to review by the Facilitator in accordance with the rules applicable to the Payment Method you used to make the payment and will be in the Facilitator’s absolute discretion. The Facilitator is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process your valid written Payment Dispute request within thirty (30) days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by sending an email to email@example.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any payment disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your Payment Method information is inaccurate, incomplete, or has been cancelled. If your actions on a Payment Dispute result, or are likely to result, in a violation of these Terms or create other risks to the Facilitator or the Payment Processor(s), or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) invoice you for amounts due to us, which such amounts will be due upon receipt; or (b) collect payment from you by any other lawful means.
Payment Failures: You remain responsible for any uncollected amounts. You agree to make all payments you owe when due, regardless of whether you have an active Account. If you fail to make payments you owe when due the Facilitator reserves all rights permissible under law to recover payment and all costs and expenses incurred, including attorneys' fees, in our pursuit of your payment. In the event of Payment Failures, we reserve the right to terminate or suspend your Account. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by the Facilitator or by anyone on its behalf, including but not limited to a third-party collection agent. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. If you cancel your Account at any time, you will not receive any refund.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE PLATFORM, COLLECTIVE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PLATFORM WILL NOT BE RESPONSIBLE FOR ANY ISSUES OR CONCERNS RESULTING OR ARISING BETWEEN USERS ON ACCOUNT OF OR IN THE PROCESS OF CHAT CONVERSATIONS BOTH AUDIO AND VIDEO.
WITHOUT LIMITING THE FOREGOING, THE FACILITATOR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INVESTORS, LICENSORS, PARTNERS, MEMBERS, CONTROLLING PERSONS, AND SUCCESSORS AND ASSIGNS EXPLICITLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT.
NEITHER THE FACILITATOR NOR ANY PERSON ASSOCIATED WITH THE FACILITATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE FACILITATOR NOR ANYONE ASSOCIATED WITH THE FACILITATOR REPRESENTS OR WARRANTS THAT THE PLATFORM, COLLECTIVE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FACILITATOR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM OR SERVICES. THE FACILITATOR MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE FACILITATOR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THE FACILITATOR SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD- PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FACILITATOR OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT THE FACILITATOR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM. THE FACILITATOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. THE FACILITATOR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. THE FACILITATOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE FACILITATOR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INVESTORS, LICENSORS, PARTNERS, MEMBERS, CONTROLLING PERSONS, AND SUCCESSORS AND ASSIGNS BE LIABLE FOR: (A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, COLLECTIVE CONTENT ON THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) PROPERTY DAMAGES; (E) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PAIN AND SUFFERING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (F) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (G) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; (H) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM; (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (J) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, EVEN IF THE FACILITATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (K) QUALITY OF SERVICES OFFERED BY THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify and hold harmless the Facilitator and its affiliates and subsidiaries, and their respective officers, directors, employees, agents and investors, licensors, partners, members, controlling persons, and successors and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, any use of the Collective Content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Facilitator on an individual basis in arbitration, as set forth in this Arbitration Agreement (collectively, the "Arbitration Agreement"). This will preclude you from bringing any class, collective, or representative action against the Facilitator, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Facilitator by someone else. You and the Facilitator agree that any dispute, claim or controversy arising out of or relating to: (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof; (b) your access to or use of the Platform and/or Services at any time; or (c) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a dispute, claim or controversy arises before or after the date you agreed to the Terms or after the termination of this Agreement, will be settled by binding arbitration between you and the Facilitator, and not in a court of law. YOU ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Unless both you and the Facilitator otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Exceptions: You retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration: The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any dispute ("Dispute") by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within thirty (30) 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, by the sole arbitrator. The seat of Arbitration shall be Ernakulam, Kerala, India. We shall appoint the sole arbitrator. The arbitration proceedings shall be conducted in the English language.
Process: A party who intends to seek arbitration must first send a written notice ("Notice") of the Dispute to the other party by registered/certified Mail. The Facilitator's address for Notice is: 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021 Attn: Claims & Disputes. The Notice must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the Dispute directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or the Facilitator may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Facilitator must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, the Facilitator will pay you the amount awarded by the arbitrator, if any.
No Class Actions: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE FACILITATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Facilitator agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
Severability and Survival: If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. This Arbitration Agreement shall survive any termination of your Account or the Platform.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Facilitator's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Facilitator in writing. This provision shall not affect the Severability and Survival section of the Arbitration Agreement of these Terms.
This agreement is governed in all respects by the laws of the Union of India and local state laws, rules and regulations and any dispute arising hereunder shall be subjected to the jurisdiction of Courts at Ernakulam and you consent to the exclusive jurisdiction of the Court. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Facilitator's failure to act with respect to a breach by you does not waive the Facilitator's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall insure to the benefit of and be binding upon each party's successors and assigns. The Facilitator shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Facilitator's reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
Without limiting any other rights reserved herein, the Facilitator may, in its sole discretion, take any action permitted by law and/or seek injunctive relief as determined by the Facilitator for any violation of these Terms or any other policy or agreement between you and the Facilitator, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid fees, assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling your postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution. Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree to pay all out-of-pocket expenses including attorneys' fees and costs incurred by the Facilitator in enforcing provisions of this agreement, remedying any breach or perceived breach hereof.
This Agreement is effective upon your creation of a User Account. You may discontinue your use of the Platform at any time, for any reason. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from the Facilitator support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed as a result of Account termination. If you would like to cancel, deactivate, or delete your Account, please delete your Account directly on the Platform. Please note that if your Account is deleted, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, including, but not limited to, any reviews or feedback. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or the Facilitator terminate your participation or access to the Platform. If the Facilitator terminates or suspends a User Account for any reason, the User is prohibited from registering a new account under their name or an alias.
a. Special termination right for UK residents - Termination under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: This section applies to you only if you are a "Consumer" as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") and resident within the UK and have not commenced to use the Platform. In the event the Regulations apply to these Terms, you may terminate your Account within fourteen (14) days of registering as a User on the Platform by providing notice in writing. This notice shall be sent from your registered email id to firstname.lastname@example.org. You may use the Service immediately upon registering as a User. If you have commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be taken to have requested we provide the Service. In the event that you have requested we provide the Service, you will be required to pay for the value of the Service up until the time you cancel the Service. You will be taken to have commenced to use the Service by doing any of the following: (i) Sending messages to other Users; (ii) Reading received messages from other Users; (iii) Sending show interest alerts to other Users. If you have not commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be provided with a refund of any fees you have paid within14 days of our receipt of your notice of termination. The refund is applicable ONLY for subscription fees if there are any. The refund is NOT APPLICABLE to your on-demand Contact Information Purchase since the purchased contact information is immediately delivered to you on the Platform upon completing the payment and is not tied to any subscription fees. The refund is NOT APPLICABLE to your on-demand Profile Advertising Purchase since your profile is advertised immediately to other Users on the Platform upon you completing the payment and is not tied to any subscription fees. Users who are a resident of a nation in the European Union agree that this Agreement is governed by the laws of England and Wales and agree to submit to the exclusive jurisdiction of the courts of England and Wales.
b. Special termination right for non-EU residents: Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in Kochi, India and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
c. Special termination right for some US residents: If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin of the United States at the time of entering into your subscription, then the following provision applies to you: You may cancel this Agreement, without penalty or obligation, at any time within three (3) business days of subscribing to paid Services (the Cancellation Period). To cancel this Agreement, you must send us an email stating that you are cancelling this Agreement, or words to that effect. This notice shall be sent from your registered email id to email@example.com. If you send or deliver the email to cancel your subscription agreement within the Cancellation Period, the Company will return, within the prescribed time period, any payments that you have made that are subject to this provision. The refund is NOT APPLICABLE to your on-demand Contact Information Purchase since the purchased contact information is immediately delivered to you on the Platform upon you completing the payment and is not tied to any subscription fees. The refund is NOT APPLICABLE to your on-demand Profile Advertising Purchase since your profile is advertised immediately to other Users on the Platform upon you completing the payment and is not tied to any subscription fees.
If you are a resident of California, Illinois, New York, or Ohio at the time entering into your subscription, then the following provision applies to you: In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become severely disabled (and are unable to use the website) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice to the following address: M/s FlipTree Technologies (India) Private Limited, No. 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021. The refund is NOT APPLICABLE to your on- demand purchase of contact information (such as phone number) of other Users since the purchased contact information is immediately delivered to you on the Platform upon you completing the payment and is not tied to any subscription fees. The refund is NOT APPLICABLE to your on-demand purchase of your profile advertising since your profile is advertised immediately delivered to other Users on the Platform upon you completing the payment and is not tied to any subscription fees.
d. Special termination right for EU residents: This section applies to you only if you are a "Consumer" as defined in the Consumer Rights Directive 2011/83/EU (the "Regulations") and resident within the European Union and have not commenced to use the Platform. In the event the Regulations apply to these Terms, you may terminate your Account within fourteen (14) days of registering as a User on the Platform by providing notice in writing. This notice shall be sent from your registered email id to firstname.lastname@example.org . You may use the Service immediately upon registering as a User. If you have commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Rights Directive 2011/83/EU, you will be taken to have requested we provide the Service. In the event that you have requested we provide the Service, you will be required to pay for the value of the Service up until the time you cancel the Service. You will be taken to have commenced to use the service by doing any of the following: (i) Sending messages to Users; (ii) Reading received messages from Users; (iii) Sending Show interest alerts to Users. If you have not commenced using our Service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Rights Directive 2011/83/EU, you will be provided with a refund of any fees you have paid within 14 days of our receipt of your notice of termination. The refund is applicable ONLY for subscription fees if there are any. The refund is NOT APPLICABLE to your on-demand purchase of contact information (such as phone number) of other Users since the purchased contact information is immediately delivered to you on the Platform upon you completing the payment and is not tied to any subscription fees.
Assignment: You may not assign these Terms without the Facilitator's prior written approval. The Facilitator may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of the Facilitator's equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
Force Majeure: Other than payment obligations, neither the Facilitator nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but not limited to:
a. Acts of God, such as severe acts of nature or weather events including but not limited to floods, fires, earthquakes, hurricanes, or explosions.
b. Acts of declared or undeclared war, terrorism, pandemics, epidemics, or national disasters.
c. Acts of governmental authorities such as expropriation, condemnation, or changes in laws and regulations.
d. Unavailability of necessary utilities, blackouts.
e. Strikes and labor disputes.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that the Facilitator may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform.
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms are current as of the effective date set forth above. The Facilitator may, in its sole and absolute discretion, change these Terms at any time to the extent permitted by law. The Facilitator will post its updated Terms on the platform and update the Terms effective date. The Facilitator encourages you to review these Terms regularly for any changes. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Your continued use of the Platform or Service after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.
As a User if you have any grievance regarding the Platform or the Service, you can contact our Grievance Officer Mr. Shanu V Shaji at No. 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021 or by sending an email to email@example.com.