Terms and Conditions | ThiyyaMarriage.com

Terms and Conditions

TERMS OF USE/SERVICE AGREEMENT


Welcome to Thiyyamarriage.com

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of www.Thiyyamarriage.com.

Please read the terms of use for this website carefully. In accordance with this terms and conditions, the users of Thiyyamarriage.com are provided with limited license to use the service and content of this website. By signing up the service, you give your acceptance to be bound by the Terms and conditions herein referred as the "Agreement". To become a member of this website and to be able to communicate with fellow members, you must register as a member and follow the instructions given during the Registration process. This Agreement outlines the terms that you are subjected to as a member of this website. The Agreement may be revised from time to time at the sole discretion of Thiyyamarriage.com and will be intimated to you. Pursuant to such changes, if you continue to use the site then it will be constituted as your acceptance for the changes. The Thiyyamarriage.com site is only to facilitate personal advertisement for lawful marriage alliance between persons who are legally competent to enter into matrimony under the laws to which they are subject.

In these Terms, references to "Thiyyamarriage.com" member shall mean the end user accessing the Website/Thiyyamarriage.com services, its contents or using the Thiyyamarriage.com Services offered. Thiyyamarriage.com member also includes persons such as father, mother, brother, sister, relative or a friend ("Registrant") of the prospective bride/ bridegroom. The terms "You" and "User" shall be interchangeably used for "Thiyyamarriage.com member". "Thiyyamarriage.com Services" means a collective reference to the service provided NIKA ONLINE PRIVATE LIMITED, CIN:U93000KL2018PTC051629 ,a company under the provisions of companies act, 2013 and having its registered office 19/349-A-15,City Complex, New Bus Stand, Badakara Kozhikode KL 673101 IN

Scope

You understand and acknowledge that Thiyyamarriage.com acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. Thiyyamarriage.com is a brand owned by NIKA ONLINE PRIVATE LIMITED which owns, retains and has complete rights in Thiyyamarriage.com and the Thiyyamarriage.com Website /App/ Thiyyamarriage.com Service.

Thiyyamarriage.com is personalized match making services of NIKA ONLINE PRIVATE LIMITED, which is valid for a period of the applicable package chosen by you (and visible on this website) from the date of taking the Thiyyamarriage.com package. Thiyyamarriage.com is an Endeavour to help you find your better half (prospect) through the process of searching, short listing and contacting prospects, during the Tenure.

Thiyyamarriage.com acts as a platform to enable any user to themselves register on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of Thiyyamarriage.com’s already registered users, for seeking prospective lawful matrimonial alliances for themselves. Thiyyamarriage.com retail store may also be able to assist you to create your profile; however, you must have a valid/operational mobile phone number and an email id. The profiles in the database of Thiyyamarriage.com are classified broadly on the basis of language and region for the ease and convenience of its member / customer. Thiyyamarriage.com Members are provided with free/paid access for searching profiles from the database of Thiyyamarriage.com as per the partner preference set by you (on the Website/Applications -(App) and you can shortlist the profiles in which you are interested.

Eligibility

a) Thiyyamarriage.com Membership and rights of admission is reserved solely for

Indian Nationals & Citizens.

Persons of Indian Origin (PIO)

Non-Resident Indians (NRI)

Persons of Indian Descent or Indian Heritage

Persons who intend to marry persons of Indian Origin)

b) Further in capacity as Thiyyamarriage.com member you confirm that you are :

18 years or above (if you are a woman) or 21 years or above (if you are a man);

If you have applied for Divorce, you may register on our website/App by stating "Awaiting Divorce".

If you are a resident of any other Country, you are legally competent to marry as per the local rules applicable to your country and you shall comply with the Indian laws for marrying a person of Indian Origin

c) In case you are a Registrant of the prospective bride/ bridegroom and has created profile in Thiyyamarriage.com Website/App on behalf of them or is accessing the Thiyyamarriage.com Website/App on behalf of them implies that you have taken their consent for their profile creation in Thiyyamarriage.com and for accessing the Thiyyamarriage.com Website/App.

Registration

Registration presumes that the users have read, understood and accepted the terms and conditions.

We expect that you would complete the online registration process with loyal and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you which will help you to meet your expectation, You need to read the relevant column before entering in the details or selecting the option available or uploading the photo. In order to serve you better if Thiyyamarriage.com requires additional details you agree to provide it. Further you may fill in your email id and phone number in any of our registration campaigns appearing in various websites as part of our advertisements, basis which you may receive call from our Customer Service Centre and assist you in getting your profile registered on our website/App.

Thiyyamarriage.com also reserves the right to block the registration of your profile on Website/App, if any, in the case of your contact details/links being mentioned in restricted fields or if there are errors in any data entered by the Thiyyamarriage.com members in their profile.

You acknowledge and confirm that your registration with Thiyyamarriage.com and the usage of Thiyyamarriage.com services is with the intention of marriage and not otherwise, Thiyyamarriage.com Membership is restricted strictly to the registered Thiyyamarriage.com individual member only. Organisations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of Thiyyamarriage.com and nor use the Thiyyamarriage.com Service or Thiyyamarriage.com members data for any commercial purpose, and Thiyyamarriage.com reserves its right to initiate appropriate legal action for breach of these obligation.

Registration of duplicate profiles of the same person is not allowed in Thiyyamarriage.com Website/App. Thiyyamarriage.com shall have full right to suspend or terminate (without any notice) such duplicate profile

Account Security

Thiyyamarriage.com as a Company does not ask for Password and you are cautioned not to share your password to any persons. You are responsible for safeguarding the confidentiality of your Thiyyamarriage.com login credentials such as your user id, password, OTP, etc. You agree to accept responsibility for all activities that occur over your account.

This site does not encourage and/or promote illegitimate sexual relations or affairs outside marriage. If any member is found to be using this site as a means of promoting or indulging or engaging in any illegitimate sexual relations or affairs outside marriage or if Thiyyamarriage.com becomes aware of such activities then the membership of the particular user will be terminated without any refund. Thiyyamarriage.com is not bound by any liability towards such individual. The binding and final termination will be the sole discretion of Thiyyamarriage.com.

Role and Responsibility of Thiyyamarriage.com

Thiyyamarriage.com is act as a mediator or provides an interface to its registered members to search their prospect themselves without any assistance.

Thiyyamarriage.com cannot guarantee or assume responsibility for any specific results from the use of the data available from the Thiyyamarriage.com service or from other matrimonial websites owned by Nike online

The profile search conducted by any Thiyyamarriage.com member and the matches shown thereof are automatically generated by Thiyyamarriage.com, and based on the partner preference set by you. In the event of Thiyyamarriage.com member changing their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change.

We cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the Thiyyamarriage.com servers.

Thiyyamarriage.com does not prohibit any Thiyyamarriage.com member from sending interest to your profile or communicating to you based on their partner preference. But you have the freedom to deny their interest or proceed further if you are interested.

Role and Responsibility of Thiyyamarriage.com Member

To get better responds, Thiyyamarriage.com Members are expected to provide latest photograph which should not be more than 3 (three) months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and Thiyyamarriage.com shall retain their right under clause 2 (b) of this terms and conditions

Members are advised to refrain from Entering into any financial transactions with prospects. Thiyyamarriage.com Members shall not seek financial help or provide financial help from/to the other Thiyyamarriage.com Members. Using abusive language when they communicate with the other person considered as the violation of terms and condition.

The Thiyyamarriage.com members agrees that for getting effective search results of prospects on Website/App you will regularly log in to the profile maintained in the Website/App and express interest which is an automated message to prospects as a free Thiyyamarriage.com member, and in the event, you have availed paid Thiyyamarriage.com package, you can send personalized messages to prospects to show your expression of interest/replies. Thiyyamarriage.com member also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably.

If the Customer fails to update in Thiyyamarriage.com website/App, any change in the particulars furnished in their profile/ then the membership may be suspended

In case of finalization of his/her marriage, delete their profile by themselves or inform to the customer care for removal/deletion of their profile

You will not post or transmit any content that is abusive, obscene, sexually oriented or against national interest. Nika Online reserves the right to suspend your profile if any prohibitive or objectionable content is found and may further initiate appropriate legal proceedings against you.

All the users are required to submit their profile with the necessary information required for establishing a matrimonial profile. Nika Online will not be responsible for any loss or damage caused for Concealing facts relevant to marriage

Nika Online does not guarantee the legality and validity of the content provided by the members. This may include information related age, Occupation, religion, caste or creed or any other personal information.

Use of Bots, EXE`s, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Thiyyamarriage.com and/or its Members is restricted

Customer Care / Customer Service

If there is any necessary to reach us across any concerns in our service, then please feel free to contact us:

Address: Thiyyamarriage.com, Second Floor

Nesto Grand Square Mall (Above Galaxy Hypermarket)

Near Keerthy Mudra Theatre, Edodi

Vadakara, Kerala, India, Pin: 673101

Email Id: [email protected]

Contact No: +91 7592 882299

Privacy of Membership

Please read and follow our Privacy Policy which also governs your visit to Thiyyamarriage.com and other websites owned by Nika Online Pvt Ltd, the personal information / data provided to us by you during the course of usage of Thiyyamarriage.com will be treated as confidential and in accordance with the Privacy policy and applicable laws and regulations. To protect your privacy and understand our practices as amended from time to time, If you object to your information being transferred or used, please do not use the website.

Exchange of Information for CHAT & other Services

All information, data, text, video, messages or other materials, whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content originated (the Originator).Sending lewd, obscene or offensive content using Thiyyamarriage.com chat is strictly prohibited using the services of Thiyyamarriage.com Chat in a manner which is meant to be offensive to others shall render the user liable for prosecution under the existing laws as applicable. Nika Online assumes no responsibility for the nature of the content being exchanged using the Thiyyamarriage.com Chat. The details of the SMS sent or received on the Mobile phone shall not be made available to the subscriber. The subscriber agrees that Company will not entertain any correspondence/calls in this regard.

Confidentiality

You agree that Thiyyamarriage.com has all the right to process your data through the automated process to serve you with suitable profiles based on your partner preference from Thiyyamarriage.com websites and may also send you communication in this regard. Thiyyamarriage.com will maintain the confidentiality of all personal information other than that meant for sharing with the prospect provided by Thiyyamarriage.com members and shall take all possible and /or steps for maintaining the confidentiality. However, Thiyyamarriage.com member may disclose such information if required by law without prior intimation to you.

Grievance Cell

The Grievance Officer shall handle complaints in relation to the following breach by the User of computer resource as the User is not authorized to host, display, upload, modify, publish, transmit, update or share any information on the Website/App that:

Contains software viruses or any other computer code, files or programs designed to intervene, destroy or limit the functionality of any computer resource.

Is grossly malicious, harassing, impious libellous, obscene, pornographic, paedophilic, opprobrious, invasive of another`s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or abetting money laundering or speculation, or otherwise unlawful in any manner whatever;

Belongs to another person and to which the User does not have any right to;

Threatens the unity, uprightness, advocacy, security or sovereignty of India, friendly relations with foreign states, or public order or causes instigation to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

In the event you come across any breach by another user including but not limited to having content in the web site that is obscene, impending, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating, etc. you may then please be free to provide your solicitudes in writing or email us with digital signature to:

Grievance officer: Anoop Kumar G

Email Id: [email protected]

Contact Number: +91 7034332299

Address: Nika Online (P) LTD

Second Floor Nesto Grand Square Mall

(Above Galaxy Hypermarket)

Near Keerthy Mudra Theatre, Edodi

Vadakara, Kerala, India, Pin: 673101

Medium of Communication to Thiyyamarriage Members

Thiyyamarriage member hereby consents for receiving communication including promotional communications through any medium of communications such as electronic mails, calls, SMS or through Whatsapp messages from Nika Online or other portals owned by Nika Online or their alliance partners.

Thiyya Marriage by its automatic system sends to its member (s) profile (s) of the prospect by way of images/ documents/ messages / links. Thiyya Marriage member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. Thiyya Marriage Member further confirms that even if Thiyya Marriage Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from Thiyya Marriage either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.

You are also entitled to set up your communications frequency from Thiyya Marriage, like - only on weekends or fortnightly etc. You may also opt for not getting any call/sms from Thiyya Marriage by ticking the appropriate box in the Website/App, provided that, you agree to receive calls from Relationship Manager of Assisted service/ Elite service for contacting you as a shortlisted profile for their registered members.

Disputes between Members

Thiyyamarriage.com Members are solely responsible for the communications (through any medium) with a prospect or vice versa. Thiyyamarriage.com expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any Thiyyamarriage.com members via e-mail, chat, interaction, WhatsApp or any other medium of communication between Thiyyamarriage.com members either using website /App or otherwise.

Content Right

You acknowledge that you alone are responsible and liable for the mandatory or optional content you provided on our website and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the Thiyyamarriage.com profile or consequently modified by you and also for all the post and communication including personalised messages sent by Thiyyamarriage.com paid members with other member(s). You hereby represent and warrant that you own all rights, title, and interest in your content/information or have the required licenses, rights, acquiescence`s, and permissions to provide the said content/information. However, by submitting the content/information to Thiyyamarriage.com , you hereby grant Thiyyamarriage.com a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare transmitted works of, display, publish, communicate to the public, law enforcement agencies, courts, and the Thiyyamarriage.com`s business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels.

While Thiyyamarriage.com does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms and conditions, Thiyyamarriage.com may delete the content/information and / or terminate or suspend your registration without a refund of any subscription paid by you in terms of clause 2 (b) of these terms and conditions. You agree that if the situation warrants Thiyyamarriage.com may at its sole discretion put a constraint on any Thiyyamarriage.com member to other member`s communications.

Third Party website

The Thiyyamarriage.com members agrees and recognizes that Thiyyamarriage.com may also allow third parties to provide Thiyyamarriage.com members services on the Website/App, and Thiyyamarriage.com may also collect the payment for such third-party services to you, and Thiyyamarriage.com in this regard can have revenue-sharing arrangement with such third party, however in no event shall Thiyyamarriage.com be liable to you for such third-party services.

Thiyyamarriage.com reserves the right to add/delete/alter/modify/suspend any or all the Thiyyamarriage.com Services at any time as it may deem fit, without notice. The Thiyyamarriage.com members are expected to see the change on the Website/App

Limitation of liability

Thiyyamarriage.com apprises you that the exchange of profile(s) through or by Thiyyamarriage.com should not in any way be construed as a matrimonial offer and/or recommendation and/or advice or guarantee given to the Thiyyamarriage.com member, from/or by Thiyyamarriage.com.

Apart from jurisdictions where such arrangements are restricted, on any occasion, Thiyyamarriage.com won`t be obligated to you or any third individual for any circuitous, considerable, commendable, accidental, unique or reformatory harms, including likewise lost benefits emerging from your utilization of the Site. Despite anything actually contained, Thiyyamarriage.com gives you the liability for any cause, regardless of the type of the activity.

General

We reserve our right to suspend your profile and relinquish any and all amounts paid by you for the Thiyyamarriage.com services as per clause 2 (b) of these terms and conditions. In case of you file a false complaint against another prospect on our Website /App and consequently we have suspended/deleted that prospects profile based on your complaint, then we reserve our right to initiate appropriate legal (Civil/Criminal) action against you and claim any and all costs expenses from you, for such irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right to suspend your profile and forfeit any and all amounts paid by you for the Thiyyamarriage.com services as per clause 2 (b) of these terms and conditions.

Indemnity

You content to repay and hold Thiyyamarriage.com, its auxiliaries, executives, officers, experts, associates and other workers and partners, innocuous from any misfortune, risk, claim, or request, including sensible lawyer`s charges, made by any outsider or third party due to or emerging out of your utilization of the Service neglecting this Agreement and additionally arising from a break of these Terms of Use as well as any rupture of your representations and guarantees put forward above.

By using our Thiyyamarriage.com services you agree to defend, indemnify, and hold harmless Thiyyamarriage.com, its subsidiaries, affiliates, directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney`s fees, made by any person through improper use of the service provided by Thiyyamarriage.com. This defence and indemnification obligation will survive in perpetuity.

Termination

If Thiyyamarriage.com receives any complaint against you and consequently we have suspended/deleted your profile in good credit, then we shall not be responsible to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any. Upon termination/suspension of membership, your right to use or access the website/service will cease immediately. All provisions of these terms and conditions that by their nature should survive termination shall endure termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination.

Jurisdiction and Applicable Law

The Thiyyamarriage.com Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in Vadakara, Calicut, Kerala, India. The registration of Thiyyamarriage.com membership and all Thiyyamarriage.com services are deemed to have been entered into within the territorial Jurisdiction of Vadakara, Calicut, Kerala, India.

Mode of Payment

Thiyyamarriage.com uses third party payment gateways for collection payment through credit/debit cards or other payment instruments. Payment made by cash / cheque / Net Banking / Debit / Credit Card/ PayPal/ RTGS/ NEFT/ would be in accordance with the prevailing RBI guidelines. Activation of paid Thiyyamarriage.com service shall be subject to the realisation of the said payment. In case of dishonour of Cheque/demand draft; you shall be liable to pay applicable bank`s cheque/DD bouncing charges. Further Thiyyamarriage.com service to your account will be deactivated/suspended until you settle the value of the payment and applicable bank charges in cash.

Refund and Assignment

Thiyyamarriage.com member shall not assign or transfer your Thiyyamarriage.com membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and Thiyyamarriage.com shall retain their right under clause 2 (b) of this terms and conditions. The payments made by any Thiyyamarriage.com members by way of membership/renewal fee/auto renewal are treated as non-refundable.

Force Majeure

Nika Online shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.

Force Majeure

Thiyyamarriage.com member shall not assign or transfer your Thiyyamarriage.com membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and Thiyyamarriage.com shall retain their right under clause 2 (b) of this terms and conditions. The payments made by any Thiyyamarriage.com members by way of membership/renewal fee/auto renewal are treated as non-refundable.

The portal does not state any authority of the content that is posted on the website. It also does not take any responsibility for the error, deletion, omissions, interruptions, and delay in the process of transactions, line failures in communication, theft or unauthorised access to any information of a member/visitor. The services provided are available in the AS-IS form. The portal does not take any responsibility for the conduct of any user.

Additional terms and conditions applicable to Non- Resident Indian customers.

A. Jurisdiction

laws of India shall be applicable.

B. Arbitration of Disputes

The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved with-in 30 (thirty) days from the date of such dispute, then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and conciliation Act, 1996, by sole arbitrator. The seat of Arbitration shall be, Vadakara, Kerala, India. We shall appoint the sole arbitrator. The arbitration proceedings shall be conducted in the English language.

C. However, Disputes relating to infringement of our intellectual property rights, which we may elect to have resolved by means other than arbitration.

D. In case of Renewal, Customer is charged the current price that prevails and renewed is done only for 3 months duration irrespective of the past package.

E. Enforcement

Any proceeding to enforce this arbitration agreement may be brought in Courts of Vadakara Kozhikode, Kerala, India.