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