PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY .
kayasthjivansathi.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. Visitors to kayasthjivansathi.com are granted a nonexclusive, limited license to use and access the content and services offered in accordance with these Terms and Conditions (the "License").BY YOUR POSITIVE ACTS OF ACCESSING kayasthjivansathi.com, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE kayasthjivansathi.com.
1. This website - kayasthjivansathi.com - found at the uniform resource locator (URL) id - www.kayasthjivansathi.com - has been set up and promoted, and is maintained, by Kayasth Jeevansathi, a Division of Delight Informix. (hereinafter referred to as DI).
2. The website - kayasthjivansathi.com - is intended only to serve as a preliminary medium of contact and information for its users / members / visitors who have a bona fide intention to enter into a matrimonial alliance. kayasthjivansathi.com does not purport to be a marriage or business bureau or a dating /contact website.
3. DI presumes that each and every single member / user / visitor, who logs on to the website has an intention to get married / enter into a matrimonial alliance and not otherwise. DI under no circumstances shall be responsible for any loss or damage resulting from anyone's use of the Site or the Service and / or any Content posted on the web Site or transmitted to users / Members. The exchange of matrimonial profile(s) through or by DI should not in any way be construed as a matrimonial offer and/or recommendation from or by DI. DI shall not be responsible for any loss or damage to any individual arising in/out of, or subsequent to, matrimonial relations established pursuant to use of the service provided by DI.
4. DI collects information / data including e-mail id, mail address, first name, last name, telephone number, date of birth, age, gender, ethnic background, appearance, religion, occupation, preferences, life style information, general geographical location from its visitors / users in order to create their unique profiles. Apart from this, certain other information including physical and mental disabilities are also collected. The said information / data collected is entered in the programme especially devised for matching profiles and which programme enable to provide matches for the visitors / users based on their pre-selected criteria. Certain private information is only displayed after taking prior consent of the visitors / users. DI does not collect financial information such as credit card/debit card numbers/bank accounts numbers etc.
4a. All information uploaded by the user themselves or through any of the kayasthjivansathi.com offline centres meant to be displayed on the open website located on www.kayasthjivansathi.com becomes public knowledge and DI may at its sole discretion include all or any portion of the listing intimated by a client for display on kayasthjivansathi.com in any other media including the matrimonial sections of other platforms including but not limited to print media, community associations, websites, television shows, DTH/IPTV Services, mobile wap sites etc. at no extra costs to the users of kayasthjivansathi.com and DI shall not be held liable for usage/publicity of such information / data.
5. The user undertakes not to duplicate, download publish, modify and distribute material on kayasthjivansathi.com unless specifically authorized by DI in this regard. The user undertakes not to establish any deep link or other connection to any specific page of kayasthjivansathi.com other than the Home Page without obtaining prior consent of DI.
6. The user undertakes to use kayasthjivansathi.com for his/her personal purposes. Using content from kayasthjivansathi.com for creating derivative works with a commercial motive without prior written consent from DI is strictly prohibited.
7. kayasthjivansathi.com uses technological means to exclude Robots etc from crawling the website and scraping content. The user undertakes not to circumvent these methods.
8. Any advice, counseling, recommendations or information provided at kayasthjivansathi.com including information of kayasthjivansathi.com members may not be necessarily correct, true or reliable, and that any reliance placed thereon and any action taken on the basis thereof shall be entirely / solely at the risk of the person or persons placing such reliance or taking such action. Visitors wishing to use the information so provided are advised to conduct their own due diligence, in respect of the site content sought to be taken advantage of, at their own initiative, cost and effort. DI does not advise / recommend its users / visitors to establish any contact / interaction with any other user / member / visitor or any such Profile(s) as displayed in the website based on the data / information as furnished in such users profile / photograph etc. and the user / visitor opting to build contact or interact shall do it solely at his / her own risk. DI cannot be held responsible or liable, in any manner whatsoever, in respect of any reliance placed on any information displayed / placed on the website, since the same purports merely to act as indicators of the general scenario in the related behalf.
9. DI does not authenticate, vet, screen, endorse or investigate any information or assertion comprised in the matrimonial listings, or any other content on the website, nor does it in any manner whatsoever certify or attest the same to be correct or true. It does not endorse matches and profiles in any manner, but an implied presumption is cast on the users / members that the information(s) furnished are exclusively / solely to curve out / frame a suitable profile for the purpose of matrimonial alliance and they are true and correct. All due diligence, effort and initiatives must be exercised by those wishing to use any information found on the website, and should take adequate precautions with the full and complete knowledge that all information contained in the matrimonial listings have been placed there directly by visitors to the website without any prior intimation, consent or verification of or by DI. The User / subscriber / visitor to kayasthjivansathi.com is prohibited from uploading, posting, transmitting, updating or sharing any information that:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way;
(c) infringes any patent, trademark, copyright or other proprietary rights;
(d) violates any law for the time being in force;
(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. DI may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to kayasthjivansathi.com(or any part thereof) and/or take down any content uploaded by you for any reason, including, without limitation, that DI based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
10. kayasthjivansathi.com is an on-line service provider for its members/visitors to create their own/unique profiles envisaging certain personal (optional) information(s) are to be displayed on the net/web-site, which information is used by visitors for searching and matching purposes. DI does not sell, rent, share, trade or give away any of your personal information except which is displayed and intended to be shared by its users / members / visitors including photographs displayed on site. Although DI shall take all reasonable precautions, DI shall not be responsible in case such public information / photograph of the member/user so displayed in the site is being unauthorisedly copied / printed / published / forged / superimposed / manipulated etc. or misused by any user / member / visitor. The user / member shall indemnify DI from all kind of loss / damages which DI may suffer from any activities carried out by any visitor/user/member through improper use of the service provided by DI.
11. By listing a matrimonial profile, or a business or personal listing or a link, or any content or listing, on kayasthjivansathi.com, the person or persons making or posting such listing, and the person or persons responsible for such posting or listing, shall be deemed to have agreed to hold DI harmless and protected against any suit or complaint, civil, pecuniary or criminal, and against any claims or damages (including, without limitation, interests, fines and penalties) which may be brought against or levied on DI on account of any matter arising out of, or relating to, such posting / listing or response received from such posting/listing.
12. DI does not represent or endorse the accuracy or reliability of any member / visitor profile, advice, opinion, statement or other information displayed / uploaded through the service by DI. DI or any of its owners, staff or agents are not responsible under any circumstances for any action/display whether direct or indirect, which occurs as a result of online display of information in the nature of illicit material / material that may be offensive to visitors / members or is patently offensive to the on-line community or any material which may promote racism, bigotry, hatred or physical/mental harm of any kind to any group or individual or transmit any chain letters or junk mail or unsolicited mass mailing or spamming or obscene material to other users / members. DI does not monitor the conduct of its users/members or visitors and therefore DI does not take the responsibility of any conduct by its users / members or visitors who may avail / obtain / use / exploit the on-line service provided by DI in order to harass, abuse or harm another user/member or visitor or use the said on-line service to promote / advertise / solicit anything without their prior consent or an act in any manner which may threaten the safety of users / members.
13. DI reserves the right to remove / delete any content / message / photo (s) / profile or cancel the registration / membership of such individual / user either upon a complaint received from another member / user / visitor / individual / group of individuals or upon discovery of the same on its own or based on its sole judgment and perception and it shall without notice stop providing the service entitled to a user / member and forfeit all other incidental service(s) with immediate effect along with the fee/tenure of registration as well as take appropriate legal action against such visitor / user / member. By listing a profile on the website, it is deemed that the said member/user has an intention to get married and in case it appears to DI that at the time of listing the profile or subsequently such user / visitor had no intention to enter into a matrimonial alliance or has changed his/her intention, then DI shall reserve the right to remove / delete such profile from the website and initiate prosecution under the law or take such steps as may be advised from time to time. In using the website, it is deemed that the user/member agree not to post any content or views that may be considered threatening, abusive, vulgar, obscene or otherwise objectionable or act illegally or otherwise harass another user; put wrong or misleading information in any of the details of his/her own profile; impersonate another or use the site for any commercial purposes; or interfere with or disrupt the operation of this site, or disobey any reasonable requirements, procedures or policies imposed by DI from time to time.
14. DI shall not be held responsible for any interactions/ passing of information(s) etc. between any user / member / visitor via e-mail, chat or any other medium with another member / user / visitor and DI has no obligation, to monitor any such disputes between arising between the users/members and DI shall not be party to such dispute/litigation etc.
15. DI reserves the absolute right to modify or amend or delete, in any manner as it deems fit, any content of any matrimonial listing placed on kayasthjivansathi.com in order to ensure compliance with the rules of such placement (which may include, without limitation, the efforts and initiatives by DI to maximize response to matrimonial listings), prima facie accuracy and the prevailing laws in force for the time being, especially those relating to prohibition of any indecent, unlawful or obscene content. DI reserves the absolute right to delete any profile if it finds that the same person has created multiple profiles on the kayasthjivansathi.com website. Even if different profiles have been created with the same contact details, DI will reserve the absolute right to delete all such profiles. If any member refuses to give consent to a physical address verification that DI has requested then DI will have the absolute right to either put a "Not Verified" stamp on the profile or to delete the profile.
16. Websites to which links are given on kayasthjivansathi.com and the contents thereof are the sole responsibility of the promoters of such websites and DI does not, in any manner whatsoever, recommend, authenticate, endorse, verify or certify these websites or any contents or links there. DI does not take any responsibility for the privacy practice adopted by such other websites and therefore DI recommends its visitors / users to read the privacy statement of each and every website that the user visits. DI also does not take any responsibility or endorse the authenticity of the other online services linked with DI which may offer various services like a lucky draw, win a free trip, win free tickets, astrology, palmistry, numerology etc. The user / member / visitor of kayasthjivansathi.com shall at its sole risk and responsibility click and surf on to such other website(s) / links which is/are being displayed in the website of kayasthjivansathi.com. The user shall always bear in mind that at a single stroke/click of the mouse on such links/website, it gets connected through the Transmission Control Protocol (TCP) / Internet Protocol (IP) network of the said users and not through the IP of kayasthjivansathi.com. DI also does not suggest/encourage any of its users/members to furnish personal information and specially the Profile ID / User Name of kayasthjivansathi.com to such or any other website(s).
17. DI reserves the right to tie up with partners in future to come up with various other online services. However, DI shall never share the information / data collected from its visitors / users with such other partners without taking prior consent / permission from such visitors / users. DI in such circumstances suggests that its visitors / users peruse the privacy policy of such partners before giving their consent or before furnishing personal identifiable information with such other website(s). DI is not privy to the privacy practice adopted by its partners and does not take the responsibility in respect of the privacy policy adopted / to be adopted by such partners. DI also reserves the right to use / share the information / data collected from its users with its partners if a user / visitor has already made public the information / data to jeevansathi.com visitors.
18. DI hereby specifically disclaims any liabilities or warranties or guarantees, express, specific or implied, which may be attributable, in any manner whatsoever, to the existence, promotion, canvassing, contents, links, information or discontinuance of kayasthjivansathi.com. No claims for damages, restitution, loss-of-profits, or any other pecuniary, civil or criminal plaints, which may be said to arise out, or on account, of any matter contained or related to kayasthjivansathi.com, shall lie or be deemed to be sustainable against DI.
19. DI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User and/or Member communications. DI is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials /information from the web-site.
20. Members who come to the website are classified by DI as Incomplete or complete profiles. Both these types could further be Free members or Paid members. DI reserves the absolute right to modify, amend, change, curtail or expand any privileges, rights, benefits, liabilities or responsibilities of all types of Paid Members or Free Members as it deems fit and these will be instantly applicable to all past, present and future Members. DI allows Free members certain benefits /privileges like initiating free contact via "Express Interest" functionality, like viewing contact details of Paid members under certain conditions etc. The quantum of these benefits and even the benefits in totality will be at the sole discretion of DI. DI will determine at its own discretion how many benefits it offers to every individual Free member. DI will simultaneously offer different levels of benefits to different Free members. Benefit restriction to Free members will be done via multiple means including restricting access, spam filters, quotas etc.
21. Payments for the services offered by kayasthjivansathi.com shall be on a 100% advance basis. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of DI and it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. DI gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. DI undertakes no liability for free services. DI reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
22. The User is solely and exclusively responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his/her user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and DI assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line. DI uses the maximum care as is possible to ensure that all or any data / information does not fall in the wrong hands. (The weak link in credit card transaction is securely storing the data once received; therefore DI does not store or keep credit card/debit card/bank account. For the purposes of ensuring the maximum security for the financial information of a user (such as credit card/debit card/internet banking data) all such online payment transactions are carried out directly on the secured platforms of payment gateways and not on kayasthjivansathi.com.
23. DI does not warrant that the Service will be uninterrupted or error-free. DI provides the service on an "as is" basis. However, DI will take all reasonable steps to provide its users with error free, uninterrupted user experience. There may be delays, omissions, and interruptions in the availability of the Service. The user/member acknowledges that use of the Service is solely at their cost and risk. DI is not responsible for suspension of the Service, irrespective of the reason for such interruption / suspension. Any claim shall be limited to the amount paid, if any, for use of the Service during the previous 12 months. DI may discontinue or change the Service or its availability at any time, and the user/member is also free to stop availing the Service at any time.
24. kayasthjivansathi.com uses third party payment gateways and failures in these gateways would be communicated to the users as it is. Extra currency/conversion charges/deductions/error issues from payment gateway shall not be the responsibility of kayasthjivansathi.com
25. DI has complete rights in the DI Site and the kayasthjivansathi.com Service. The Site contains copyrighted material, trademarks, and other proprietary information of its owners and its licensors. Except for that information which is in the public domain or for any other information/display for which permission have not been obtained from DI, DI reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement of the said proprietary rights for illegal copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information.
26. DI reserves the right to verify the authenticity of Content posted on the site. DI if circumstances warrant may call for / ask any of its members / users to provide documentary or other form of evidence supporting the information / Content posted on the site and the user / member, without any protest shall produce such documentary / other evidence in support of such information and if the member / user fails to produce such information within a reasonable or stipulated time frame, DI may, in its sole discretion, terminate such Membership and forfeit the advance without a refund and take appropriate steps under the provisions of law.
27. DI also reserves the right to investigate and take appropriate legal action without limitation at its sole discretion against any user / member / who violates / misuses the on-line services and terminating the Membership of such violators without prior intimation who utilise thus website in any manner which brings into disrepute or impairs the interests and functioning of kayasthjivansathi.com or DI.
28. DI does not take the responsibility of any information posted by its users/members in the web site, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and in case DI receives/discovers any such infringement, the said member / user may be called for / asked to furnish / provide evidence / relevant information in support of such display like an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or a description of the copyrighted work that may have been infringed or information or a written statement that the member/user under bona-fide faith belief that the disputed information does not lead to any authorized use or infringement of copyright etc, under the law or a statement that the user/member is liable to penalty of perjury in case any of the information/statement furnished is proved otherwise or a declaration that the information displayed/posted is accurate and the member /user is itself the copyright owner or authorized to act on the copyright owner's behalf.
29. DI has no obligation to monitor the activities of its users/visitors. However, DI has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its subscribers. DI also reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or violative of provision of law.
30. The usage of this website and any disputes/issues arising out of it shall be subject to the applicable laws in force for the time being in the NCT of Lucknow irrespective of conflicting provisions of law and to the exclusive jurisdiction of courts located in Lucknow.
31. All members of kayasthjivansathi.com are restricted to the following number of contacts they can make via the "Express Interest" option on the kayasthjivansathi.com site. Free Member Paid Member Ever Paid Paid Member with Response Booster Daily Limit 100 200 100 225 Weekly Limit 100 400 100 575 Monthly Limit 400 800 400 1400 Profile Lifetime Limit 400 Unlimited* Unlimited* Unlimited* * Subject to monthly limits at the discretion of kayasthjivansathi.com
32. In case DI receives any incriminating evidence/complaint against any of its users from other members/users/visitors of the site or if DI through data available to it from its servers, suspects misbehavior on any user's part, it reserves the right to impose restrictions on the user account which include but may not be confined to preventing the user under question from making multiple contacts and restricting the user to only contact members whose desired partner profile the user satisfies.
33. All services which are defined by Time Period indicted in months shall imply 1 month to be equal to 30 days and for any longer durations service the total duration in days will be the Number of months multiplied by 30.
34. DI guidelines prohibit members to give their name and/or contact details in any form - Email, Phone nos, Messenger Ids, Postal address etc in any fields other than the specific ones where the same information is asked. If any member who puts the above information in any field other than the one meant for that purpose then the DI screening team will remove the same. 36. All people who become members of kayasthjivansathi.com are consenting for receiving
(a) Membership Emails: Emails conveying the benefits of paid membership to you. These are sent to the Email address you have mentioned in your profile.
(b) Important Notifications from kayasthjivansathi.com - Messages which inform you on various alerts related to usage of the site by you or other members who have viewed your profile or which are initiated by the DI team to introduce new features, educate on existing functionality etc These will be sent to your Postal Address/Email/Messenger Ids or on your Landline/Mobile from a non-140 number via SMS/MMS/VMS/USSD/IVR/Calls etc.
(c) Membership SMSes/Calls: SMSes or phone calls conveying the benefits of paid membership to you. You will receive these calls or SMSes on any of the phone numbers you have mentioned in your profile, if you have subscribed to them in your alert manager settings.
35. Promotional Mails - Messages from people who pay DI to access its database. These are sent to members Postal Address/Email/Messenger Ids. People who consent for promotional mails can get these mails.
36. If a member does not wish to receive communication from kayasthjivansathi.com then he needs to go to the "Settings" section in his profile and choose/dis-able for the modes(Emails / SMS / Calls / USSD / Messenger messages / IVR) and types of communication which he either wants to or does not want to receive. Types of communication are the specific messages based on profile attribute or website interactions between members. kayasthjivansathi.com may also provide for different message types and modes, other alternative ways to unsubscribe".
38. 'Featured Profile' subscribers will be considered to be shown at the top of search results only if they regularly login to their account. If 'Featured Profile' subscribers don't access the website for more than 15 days, they will be removed from the pool of users considered for being shown at the top of Search Page.
39. Any profile deleted by the profile user cannot be retrieved under any circumstances. Restriction / Prohibitions You hereby expressly agree not to :
(A). Use of the services of this website in a manner contrary to any law which might be applicable at the relevant time
(B). Access data not intended for you or log into server or account that you are not authorized to access;
(C). Attempt to probe, scan or test the vulnerability of a system or network;
(D). Attempt or breach security or authentication measures without proper authorization;
(E). Attempt to interfere with, access by any other user including but not limited to by submitting a virus of any kind or Trojan horse to this website, overloading, Flooding, mail bombing or crashing;
(F). Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in this website except as permitted;
(G). Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website;
(H). Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from this website or link to this website, without our express written consent;
(I). Providing deeplinks into this website without prior permission of DI is prohibited. Extracting data from this website using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
(J). Upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail .
(K). Subscribers shall under no circumstance sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment or transfer is void.
