Terms and Conditions for Membership between MemonRishta.in and the Customer
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE MemonRishta.in WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Internet web site is provided by MemonRishta.in ('the Company'). This is a legal agreement between you and MemonRishta.in. By using this website, you agree to be bound to the following Terms and Conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this web site. The application form is a contractual offer by you to us subject to these Terms and Conditions and no others. On acceptance by us, there exists a binding contractual relationship between you and us. This document ('The Membership Terms and Conditions') sets out the relationship between you and the Company. The Company agrees with you as follows: Definitions, In this agreement the following words shall have the following meanings: 'Us' refers to MemonRishta.in and 'we' and 'our' will be construed accordingly. 'You' refers to the customer or user who uses the site subject to these Terms and Conditions and 'your' will be construed accordingly. 'Advertisement' refers to the Advertisement(s) placed by you on the MemonRishta.in web site. 'Site' means our web site located at www.MemonRishta.in, and 'Content' means the information and other material available within the Site.
- Membership Conditions
- We are a private members club and will only accept membership applications from single, widowed, divorced or legally separated adults of the Muslim religion, over 18 years of age and no children are eligible to apply for such membership.
- Your membership is for your sole, personal use only. You may not authorise others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
- We cooperate with law enforcement enquiries including other parties’ rights to enforce laws such as intellectual property rights fraud and other rights. You expressly authorise us to disclose any information about you to law enforcement and other Government Agencies including the Police which we at our sole discretion believe necessary or appropriate in connection with any fraud, intellectual property infringements or other activity which is or may be illegal or may expose us to legal liability.
- Membership Fees
- Prior to acceptance by us of your Advertisement you will submit to us:
- A completed application form;
- The necessary fee, which shall be made payable to “MemonRishta.in ” from whom all transaction receipts will be issued;
- One non-returnable photograph for display as part of the member profile on the site or one colour image sent electronically via e-mail in such format as we notify you in advance.
- You agree to pay for our service:
- If applying on-line, by way of payment from a debit or credit card which either belongs to you or which you are otherwise authorised to use. We will be entitled to receive payment from the debit or credit card on the same working day of each month for the duration of your membership. No refunds will be given either in whole or part. You acknowledge and agree that you are obliged to give us 28 days' notice before canceling this payment method and that during the 28 day cancellation period, you may be required to make a further monthly payment if the payment due date falls during this cancellation period. You also acknowledge and agree that such notice will only be validly given by the completion and transmission by you to us of our on-line payment cancellation form.
- If applying other than on-line, by way of payment in advance ('the Advance Payment'). You acknowledge and agree that in no circumstances will the Advance Payment be refundable by us (whether in whole or in part). When paying by this method you agree to pay for either a minimum period of 1 month or such longer period as is agreed between you and us (in each case 'the Period'). Your membership will expire automatically at the end of the Period.
- It is your responsibility to ensure that we receive prompt payment, as we will not be held responsible for payment not being received.
- If the fee is not paid on or before the due date, we shall, until actual payment of the fee, have the right to suspend display of or cancel membership.
- The fee in respect of subsequent periods shall be in accordance with our then current rate card, which we may vary from time to time, provided notice thereof has been given to you not less than 30 days before the end of the relevant period.
- Your Responsibilities
- You must satisfy yourself as to the bona fides of those to whom you are introduced. You are solely responsible for your interactions with other members. We reserve the right, but have no obligation, to monitor disputes between you and other members. It is solely your responsibility to ensure your own safety when meeting/communicating with other members both on and off the site.
- The data posted to a profile has to accurately reflect the details of the single person using the profile. It is your responsibility to ensure the accuracy of all details (personal or otherwise) provided by you about yourself to us for inclusion in your Advertisement. It is your responsibility to inform us of any changes to personal details or circumstances at the earliest opportunity. You are solely responsible for the content or information you transmit to other members.
- Individuals are only permitted to have a single member profile on the site, under no circumstances are duplicate or test profiles allowed.
- You will not post on our service, or transmit to other members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, religiously offensive, sectarian, or illegal material, or any material which infringes or violates another party's rights (including, but not limited to, proprietary rights, and rights of privacy).
- You will not include within your profile content any personal contact information or clues pertaining to personal contact information including, but not limited to; Email, Telephone, Blackberry IM, Facebook, Street address, Full name, URL, MSN/Yahoo chat or any other communication systems.
- You will not use offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, junk or spam mail or messages to other members.
If you do advertise or promote any service without permission (permission will only be given in writing) you agree to pay a standard advertising rate of Rs 25,000.00 per day for everyday your account has been on MemonRishta.in starting from the day you registered. You will be personally liable if we are not able to recover the sum of monies from the company advertised and we will take legal action to enforce this.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Abuse to staff, zero tolerance policy, we will not tolerate any abuse towards any of the Site admin staff at any time.
- You will use our service in a manner consistent with any and all applicable laws and regulations. We reserve the right, but have no obligation, to reject any profile or photo which does not comply with these prohibitions.
- Our Responsibilities
- We reserve the right to reject an application on any basis and without providing a reason.
- We reserve the right to expel you immediately in the event that your behaviour has caused complaint and we consider that complaint to be serious and justified. No refunds will be provided.
- We reserve the right to suspend any profile, within notice, if we deem; it to be inappropriate; or acting in an inappropriate manner; or breaking the site Terms and Conditions or site Code of Conduct; or for other safety and security reason.
- We will automatically remove you from the register after your membership has expired, unless you choose to renew your membership and pay the further applicable fees.
- Signing and submitting the application form, for processing, authorises us to disclose your chosen methods of contact to other members and display your photograph as part of your member profile.
- We reserve the right to monitor the chat room service and other 'Community facilities' (as defined in clause 16 below) to ensure compliance with these terms and conditions and for ongoing development of the site. Private chat rooms will not be monitored unless ordered to do so under the prevailing law.
- We reserve the right to modify the services without giving any prior notice.
- In the event that you receive via the Site an e-mail or other communication from another member which you consider to be either defamatory, abusive, obscene, profane, threatening, harassing, racially offensive or illegal, or which you consider in any other way infringes the rights of you or another (in all cases an 'Offensive Message'), you should (1) print off and retain a hard copy and (2) save in electronic format a copy of each such Offensive Message. Being able to produce a copy of the Offensive Message is likely to be necessary if you wish to take further action in respect of such Offensive Message either by way of complaint to us, the Police or any other regulatory body. For the avoidance of doubt we confirm that we are unable to store and/or trace every e-mail or other communication passing between our members. We repeat that no liability can attach to us as a result of your receipt of the type of communication referred to in this Paragraph.
- We do not accept any liability for your conduct or behaviour after an introduction has been made nor for any information being forwarded on to a third party. We accept no liability for any act conduct or your behaviour or comments to or with third parties at social events or in the chat rooms. In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers have been advised of the possibility of such loss or damage. Your statutory rights in relation to any goods or services purchased through the Site are not affected.
- Opinions, advice, statements, offers, or other information or content made available through our service are those of their respective authors and not ours, and should not be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on our service, or transmitted to our members.
- IMPORTANT - PLEASE READ: It is possible that other customers or users (including unauthorised users, or 'hackers') may post or transmit offensive or obscene materials on the site and which you may be involuntarily exposed to such offensive and obscene materials. We are not responsible for the use of any personal information which you may choose to disclose, or as a result of using, our services. Please carefully select the type of information which you post on the site or release to other customers.
- We do not have the obligation nor responsibility or the technical means to verify the identity of persons who register as members or use our services, or to verify member content.
You will defend, indemnify, and hold harmless our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including legal costs) relating to or arising out of your use of our service, including any breach by you of the terms of this agreement.
- Data Protection
- This agreement shall continue for successive fixed periods of 12 months unless either you or ourselves has given the other not less than 28 days' prior written notice of termination to take effect at the end of any such fixed period.
- We may terminate this agreement forthwith if you breach any term of this agreement and (if capable of remedy) has not been remedied within days of being notified of the breach by us.
- Any rights accrued prior to termination of this agreement shall survive its termination including your obligation to make payment in accordance with clause 3.2.
- Rights Granted/ Rights Reserved
The content of the Site is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish commercially exploit or create derivative works from the Content.
- You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in or to the Site at any time.
- The Site in not available in all territories.
- Force Majeure
We accept no liability for any temporary or even permanent unavailability of the Site arising from events of any kind or circumstances which are outside our control even though we shall use all reasonable endeavours to minimise or mitigate the effects of any such force majeure but this will not release you by reason of such force majeure from any obligation to indemnify or make any payment due under these Terms and Conditions.
- We will perform our services with reasonable care and skill. No representation or warranty is given that the services will be uninterrupted or error free or that all errors or defects can be corrected or remedied.
- We will not be responsible for any loss or damage sustained or incurred by any third party (including without limitation, any loss of use of any software or equipment, or loss of or spoiling of any data) resulting from any defect, deficiency or error in any equipment or software or any associated documentation, or for any failure or interruption of any telecommunications facilities or network systems which is beyond our control.
- You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
- Links (including MemonRishta.in features and news)
This Site may contain hyperlinks to other web sites. The products and services offered by us are sometimes through third party companies. These third party companies will provide additional products and services for and on our behalf. By using any of these third party companies, you are agreeing to be bound by, and comply with, their terms and conditions or terms of service. These third party companies are not parts of or associates of our Company and under no circumstances shall we be liable for any losses or damages caused by a third party company. Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through a recommended third party company. If you accept any products or services offered by a third party company, then all communication must be between you and the third party company. We will not be responsible or liable for any communication or misrepresentation of the third party company. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties. Any dissatisfaction or violation of terms and conditions by either party should write an official letter to us stating all facts and instances.
- Intellectual Property and Use of Software
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors. Your use of any software that is made available to download from the Site or via any hyperlink contained on the Site ('Software') is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('Licence Agreement'). You may not install, copy or use any Software which is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement. All title, copyrights and other intellectual property subsisting in this site or in any artwork connected with the site belong to us and will remain our property at all times.
- Proprietary Rights
You represent and warrant to us that the information posted including your photograph are posted by you and that you are the exclusive author and the exclusive owner of your photographs. You assign to us, with full title guarantee, your profile and your photographs posted, at any time, in connection with the site absolutely any and all moral rights to be identified as the author of your profile and ownership of photograph and any similar rights in any jurisdiction in the world. In addition other names or copyrighted information, which has copyright protection, whether or not it is identified except for that information which is in the public domain or for which you have been given written permission by the owner of such information, you will not copy, modify, publish, distribute, perform, display or sell any such proprietary information, By posting information photographs or content on any Service, you automatically grant, and you represent that you have the right to grant, to us and other members, free of charge, an irrevocable, exclusive, royalty-free, fully paid, worldwide licence to use, reuse, copy, copyright, print, promote, publish, republish and distribute whether online or offline, with various publishers through any media, for art, advertising, trade or any other purpose whatsoever, such content and photographs and to prepare derivative works of, or incorporate into other format without restriction, in conjunction with your name or a fictitious name, such information and you grant and authorise sub-licences of any of the foregoing.
- You are responsible for the security and proper use of your user names and passwords used from time to time in connection with the Site and you must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
- You must immediately inform us if there is any reason to believe that your user name and password has or is likely to become known to someone, not authorised to use it, or is being or is likely to be used in an unauthorised way.
- If you forget or lose a password or user name you must contact us and may be asked to satisfy such security checks as we operate.
- We reserve the right to suspend user name and password access to the Site and the Services immediately if we consider that there is or is likely to be a breach of security.
- We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the site.
- You must immediately inform us of any changes to the information you supplied when registering for the Site.
- We reserve the right to suspend user name and password access to the Site and the Services immediately, if we consider that there has been any mis-use of the site.
- We reserve the right to verify the details of any member of the Site, and ask them to satisfy such security checks as we operate.
- We reserve the right to review any and all communications made via the Site for security purposes.
- Community Facilities
You agree to use the personal web pages, bulletin boards, chat rooms, or other message or communication facilities (collectively 'Community Facilities') contained on the Site only to send and receive messages and material which are proper and related to the particular Community Facility and agree to use the Site and any Community Facility contained on it in accordance with all relevant laws and not for any illegal purpose. You agree that when using a Community Facility or any other part of the Site, you will not do any of the following:
- Violate or infringe the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
- Upload or transmit any material which is defamatory, offensive, racially abusive, sexually explicit or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety.
- Upload or transmit any computer viruses, macro viruses, trojan horses, worms, corrupted files, or any other similar software or programmes which may damage the operation of another's computer.
- Use any Community Facility or other part of the Site in a way which may cause the same to be interrupted, damaged, rendered less efficient or impaired.
- Attempt any unauthorised access to any part or component of a Community Facility or any other part of the Site.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Community Facility which you know, or reasonably should know, cannot be legally distributed in such manner.
- The following non-exhaustive list sets out your specific obligations:-
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by us.
- You will not use any robot, spider, site search/retrieval application, or any other manual device or process to retrieve, index, “data mine”, or, in any way reproduce or circumvent navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce, in any way, any copyrighted material, transmit any proprietary information without obtaining the prior consent of the owner of such rights.
- You will not remove any copyright, trademark or other proprietary rights notices of this Service.
- You will not interfere with or disrupt any Service or any site, servers or networks service or site.
- You will not post, e-mail or otherwise transmit any material which contains software or other computer code, files or programmes designed to interrupt, destroy or limit the fundamental computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service.
- You will not use meta tags or code or other devices containing any reference to us or the site connected to the Service in order to direct any person to any other web site.
- You will not modify, adapt, sublicence, translate, sell, reverse engineer, decipher or otherwise disassemble any portion of the Service or any software used on or for the Service or enable others to do so.
- You will not solicit personal identifying information from other users for commercial purposes.
- You will not solicit money from other users.
- You will not promote information which is knowingly false, misleading or encourage activities or conduct which is threatening, obscene, defamatory or libellous.
- Personal Information Policy
We may from time to time hold social events. Invitations to attend and purchase tickets for our events are at our sole discretion and subject to the terms and conditions of attending events, available in writing from us. We make no guarantee as to the number (if any) of social events which we will organise, nor the number of compatible introductions made to you.
- Notices shall be given to the relevant party at the addresses given by you, or at such address as is notified to the other for this purpose.
- The aggregate liability of us to you in respect of any breach of any terms of this agreement by us shall, in any event, be limited to the amount of the fee paid by you.
- All prices are quoted in Indian Rupees (INR) unless otherwise stated. We reserve the right to change any advertised price at any time.
- This agreement constitutes the entire agreement between the parties in respect of Advertisements and can only be varied in writing and signed by both of us.
- We may assign the benefit (subject to the burden) of this agreement to any purchasers of our business.
- Our website is used at your own risk. We accept no liability for any loss or damage to your hardware and/or software resulting from your access and/or use of the website.
- Profiles that are inactive for a period of 6 months or more may be removed from the website without notice.
- Your statutory rights are not affected at all by these terms and conditions.
- This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute will be dealt with in Ahmedabad Juridiction.
- Each party confirms that, save as expressly set out in this agreement, no term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party who but for that Act would not have been entitled to enforce such terms.
- Company Details
MemonRishta.in, 13, Raksha Park
DaniLimda, Opp Cen W/Hse
- Copyright Notice
All material on this website is copyright. You may only use it in the ways authorised by the copyright owner. All site design, text, graphics, user interfaces, software and their selection and arrangements are ©2016 MemonRishta.in.
- ALL RIGHTS RESERVED
Any use of materials on this website without prior written permission of MemonRishta.in is strictly prohibited.
Disputes, if any, are subject to Ahmedabad (India) jurisdiction.