THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN PAVITRARESHIMGATHI.COM(REFERRED HEREIN BELOW AS “PLATFORM”), AND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN PAVITRARESHIMGATHI AND USER FORSERVICES THROUGH PLATFORM WWW.PAVITRARESHIMGATHI.COM. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY US.
Welcome to www.pavitrareshimgathi.com (Platform/Mobile Application) that is absolutely owned and operated by “Pavitra Reshimgathi” a proprietorship firm under the laws of India.
i. “Pavitra Reshimgathi”; “us”; ‘’Us’’ “we”; “our” shall mean orPavitra Reshimgathi, a proprietorship firm, having its office at3, Shri Krishna Niwas, Shri Niwas Lane, opp. Sai Krupa Laundry, Ramchandra Nager 3, Thane (West), 400604.
ii. “Services” shall mean Services offered on the Platform to the Users, which shall include -
iii. "User(s)”,“You”, ’’you’’, “Your”, ‘’your’’shall meanUsers that visit and access the Platform andany person who registers and creates a user Account on the Platform for availing the Services provided through the Platform.
iv. “Membership or Subscription” means any User who avails the Service of the Platform by paying the requisite amount of subscription fee (s) as per these Terms.
v. “Personal Information”means and includes any information or data which includes first name, last name, e-mail id, telephone number, date of birth, age, gender, ethnic background, photographs, PAN, bank account details, appearance, religion, case, sub-caste, physical attributes such as skin complexion, height, weight, educational qualification, financial information, salary, business income, previous marital status i.e. single, divorcee, widow, widower, spouse preferences, life style information, general geographical location, medical history/report, physical or mental disabilities and Aadhar card information, social media details. As part of the Services, any information submitted by you in form of testimonials or chats or interaction with the other users, including your success story, photos, information submitted by you voluntarily while participating in surveys contest, promotions or events, you or any information submitted by the other users of the Platform where you may have uploaded and shared your photos, location of a photo, messages, status, chats, contact details or other information about you, which shall form part of the Personal Information belonging to you.
vi. “Platform” means and includes www.pavitrareshimgathi.com (Website) developed and owned by the Firm, to enable the Users to avail the Services provided by us.
vii. “User Data” means any Personal Information, data, content, details, information documents, photos, videos, images, blogs, messages, notifications, ideas, communications, replies, likes, comments, maps, routes, geo-data, or material relating to the User or their membership, subscriptions, or designs, copyrights, trademarks, patents, and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Platform;
viii. ‘’User-profile(s)’’ shall mean profile of the registered User on the Platform which shall include information such as photograph, job description, salary, spouse-expectations etc.
ix. “Register” shall mean registering to the Platform to avail the Services or to order Products as provided by the Platform.
Users may use the Platform subject to acceptance of these Terms. we retain the right to amend these Terms, without prior notice, from time to time and such revised Terms shall be applicable to the Users, upon the posting of updated Terms on the Platform. we have a right to engage with multiple Users at the same time for provision of Services or for engagement in same or similar activity.
To be eligible for availing the Services, You must be -
ii. of legal marriageable age as per the laws of India (which is 18 (Eighteen) years or above for female User and 21 (Twenty-One) years or above for male User)
iii. of legal age to form a binding contract and are not a person barred from receivingServices under the applicable laws.
The Platform renders service for lawful marriage alliance between persons who are legally competent to enterinto marriage under the personal laws to which they are subject to, subscription to our Service is void where such alliance or union is prohibited under such personal laws. Users agree and acknowledge that the Platform primarily caters to community of Indian origin.
By using this Platform, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement, such that you are not disqualified by any applicable laws; you are required to submit relevant Personal Information to us; and that you are not prohibited or prevented or temporarily or indefinitely suspendedby any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into marriage.
You further confirm that you, your intent of subscribing to our Services is to seek a partner for marriage alliance and that you shall not use this site for casual dating or any other incidental purposes. The Platform caters only to matrimonial alliances and not for any live-in or any other relationship. The User understands, acknowledges and agrees that in case the User proposes any such relationship than matrimonial, the Platform shall on sole discretion may delete the Users profile. If at any time weare of the opinion or have any reason to believe that you are not eligible to register for Membership or that you have made any misrepresentation, we reserve the right to immediately terminate or end your Subscription and / or your right to use the Service without any notice, any refund to you of any of your unutilized subscription fee.
You understand that to avail the Services of the Platform it is mandatory to register for Membership with us therefore, You must complete the registration on the ’Sign Up’ page. You will be required to register and create an account with the User ID and the password (collectively “Account”). You agree that any registration information provided by You will always be accurate, correct and complete and in the event that we find that you have created or attempted to create multiple or anonymous Accounts or have been misrepresenting yourself, we may block or restrict you from creating such in future. By usage of the Platform, You shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under Your Account.
You understand that, You will be required to provide Personal Information which enables you to create Your profiles. The said information / data collected is entered in the software especially which enables or helps in matching your profiles with the other users based on their pre-selected criteria.
You understand that in order to complete the process of registration, we are required to verify your Account, therefore we will send the password to either the email id/ mobile number provided by the User to complete the process of registration. We retain right to conduct additional verifications if it deems appropriate.
You understand and agree that we may not accept Your registration for Membership, if You areour competitor. You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account or password and of the Services in Your name. We also reserve the right to refuse registration ofor terminate Accounts which we deem inappropriate.
You agree that the information You provide us at the time of registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times.
To avail the Services of the Platform, the registration on Platform is mandatory. Users shall have the following two options for registration:
i. Free Registration –
You can register and get your unique account/profile created without payment of any fees. After registration, you can browse other User-profiles and your User-profile shall be visible to other Users. You, as a free User cannot request for contact information of other Users. In case a free User intends to get contact information of other Users, he/she shall register for paid Membership.
The validity of free registration shall be initially for a period of 6 (Six) months. At the end of 6 (Six) months, the period of free registration may be extended to additional period subject to the sole discretion of the Platform. Such extension of period of free registration if done shall be valid formaximum up to 6 (Six) months.
If the Platform does not extend the period of free registration or at the end of such extended period, the profile of concerned User may be deleted from Platform and the User cannot avail the abovementioned Services of the Platform. In this case, if the User intends to avail the Services of the Platform, he/she shall have to register for Paid Membership.
ii. Paid Membership –
A User can register for Membership by making payment towards Membership fees. This Membership shall be valid for 1 (One) year and the User may renew it at the end of the validity period. After registration, the Platform enables Users to create their own/unique account/ profile. Other Users shall only have access to other User-profiles initially which may be used by them to select the User-profiles for which they intend to seek contact information from us.
After registration, User shall be given contact information of 1 (one) User-profile of their preference per day for next 7 (seven) days. During this 7(seven) days period, if the User does not avail access to contact information of other User-profile(s) for any day(s), such access can be availed by him/her on the 7th (seventh) day.If, a User does not avail access to contact information of User-profiles for more than 7(seven) days period, he/she can avail such access for the lapsed period. The access to contact information of additional User-profiles for lapsed period shall be for maximum up to 7(Seven) User-profiles(including the User-profile for that day) and shall be availed only till the validity of Membership of the concerned User.
A User who has Membership of our Platform has shortlisted profiles of other Users on 01/10/2019. Out of these shortlisted profiles, he shall be provided with the contact-information of 1(one) User-profile per day starting from 01/10/2019 for next7(Seven) days i.e. till 07/10/2019. If, the concerned User did not avail the access to contact information on 04/10/2019 and 05/10/2019, he can get such un-availed access on 07/10/2019. If after 07/10,2019, the User requests contact information to more User-profiles directly on 21/10/2019, he can avail the access to contact information to User-profiles for the lapsed period maximum up to 7(Seven) User-profiles including the User-profile for that day i.e. 21/10/2019.
The Platform does not provide any chatting or messaging options for Users to interact.The Platform neither organize/arrange any meetings nor does it enable Users to interact on Platform. Users may interact with each other through phone call or meetings on their own accordYou agree and understand that the Platform does not supervise these meetings or activities and is not involved in any way with the actions of any individuals at these meetings, events or activities. As a result, we have no control over the identity or actions of the individuals who are present at these meetings, events or activities. You are requested to exercise caution and judgment while attending or conducting these meetings, events or activities. Users shall take all the precautionary measures like –
These are some precautions you may take, and this is not an exhaustive list. Further, you can ask your parents/seniors/peers to accompany you for such meetings.
You understand that, any information providedon the Platform including but not limiting to the Personal Information of Users as provided by them, may not be correct, true or reliable. Any such reliance placed, or action taken by User’s thereon is entirety at the Users’ sole discretion/ risk. You are advised to take Your own due diligence with respect to the Platform content or other User’s Account sought to be taken advantage of, at their own initiative, cost and effort. We do not advise / recommend Users to establish any contact / interaction with any other User or any such Account(s) as displayed in the Platform based on the information or data as provided by such Accounts and the User opting to build contact or interact shall do it solely at their own risk. We cannot be held responsible or liable, in any manner whatsoever, in respect of any reliance placed on any information displayed / placed on the Platform by such Users.
You understand that we do not undertake or endeavour to authenticate, examine, screen, endorse, sanction, ratify or investigate any information or assertion comprised in the matrimonial profiles, or any other content on the Platform, nor does it in any manner whatsoever certify or attest the same to be correct, verified or true. We do not endorse or match profiles in any manner, but an implied presumption is cast on the Users that the information(s) furnished is/are exclusively / solely to identify / frame a suitable profile for the purpose of matrimonial alliance and they are true and correct. We understand that the purpose of any User(s) for availing our Service or engaging in our Platform is solely for the purpose of entering into a matrimonial alliance or have an intention to marry and not otherwise. You agree and understand that, You shall not use or avail the Services for another purpose for which it is intended, and shall not misrepresent or fraudulently cohort or use this Platform to extort money or favour from any persons or Users of the Platform. We shall in no events or circumstance are or will be held liable, responsible for any action, act, consequential or otherwise any loss or damage resulting from anyone's use of the Platform or the Service and / or any Content posted on the Platform or transmitted to Users.
You understand that, the exchange of matrimonial profile(s) or any suggestions made by the Platform or any automated software or by any third party should not in any way be construed as a matrimonial offer and/or recommendation from or by Us. We 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 Us.
You understand that all your Personal Information uploaded by You or any other Users of the Platform are meant to be displayed on the Platform and it may be publicly available or may become the public knowledge. You agree that we, at no extra cost to the Users may use such Personal Information (s) for the purpose of advertising or publicity at any other platform.
You represent and warrant that you shall not copy, duplicate, download publish, modify and distribute material on the Platform unless specifically authorized by Us in this regard. The user undertakes not to establish any deep link or attempt to circumvent the Platform or establish any other connection to any specific page of the Platform other than the Home Page without obtaining our prior consent.
You represent and warrant that, Your use of the Platform is limited for the Service or subscription plan availed by You, Using this Platform for any other purpose for which it is not intended will render termination of Your Membership.
You undertake not to create multiple profiles/ Accounts at the Platform any such events may lead to termination or deactivation of Your Accounts.
You undertake not to transmit or send any chain or bulk messages/ junk mails to the other Usersof the Platform through any other medium, although, it is not reasonably possible to monitor such act conduct or actions, these actions are clear violation of the Agreement and any attempts to harass, abuse or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent will lead to deactivation of Your profiles and we reservethe right to take appropriate steps to protect our self and/or Users from any abuse/misuse as it deems appropriate in its sole discretion.
Users shall make payment towards Membership on yearly basis. Users may at their own discretion make payment to renew the Membership once its validity period has lapsed.
The payment received from Users is non-refundable. We do not provide refund for the payment received for any reasons whatsoever.
Payment shall be made by way of credit card, debit card, net banking, mobile payments or by any other authorized payment mechanism as may be available. User shall be liable to pay GST or any other taxes as may be applicable from time to time.User agrees to abide by and adhere to the terms and conditions of Payment Gateway providers.
Platform shall notify Users in case of any change in Membership fees and/or the minimum/maximum period for which payment is to be made towards Membership.
Subject to terms and conditions of this Agreement, we hereby grant You a non-exclusive, non-assignable, non-transferable and limited license to use the Platform for Your personal use only and for no other purposes.
Your use of the Platform is subject to all applicable local, state, national laws and regulations and the rules. You agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use this Platform as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other Users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work on the Platform.
All the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform (includingour Content) are owned by us and its affiliates, subsidiaries, licensors as the case may be. We respect copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any User Content or details on the Platform that violates another person’s proprietary rights.
If You believe that the Platform contains elements that infringe any intellectual property rights, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this Platform, including but not limited to our Content, are protected by copyright under the copyright laws. You cannot use the Platform or our Content, except as specified herein. There may be number of proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Users shall not engage in any of the following activities:
Non-compliance of the aforesaid events may lead to immediate deletion or blocking of your profiles, we may rescind your subscription without any provisions for refund of your subscription money.
PLATFORM IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANT0Y OF ANY KIND, EXPRESS OR IMPLIED. THE PLATFORM IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. USERS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION OF THE USER DATA. WE DO NOT REPRESENT AND WARRANT THAT USERS USE OF THE PLATFORM WILL MEET THEIR REQUIREMENTS, OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY THE USERS AS A RESULT OF USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND THATWE OR THE PLATFORM IS NOT MARRIAGE OR BUSINESS BUREAU OR A DATING/ CONTACT WEBSITE NEITHER IT PROVIDES ANY MARRIAGE OFFER OR GIVES ANY RECOMMENDATION OF ANY SORT. USERS UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN USING THIS PATFORM. USERS ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO THE PLATFORM CONTENT OR OTHER USER’S ACCOUNT SOUGHT, AT THEIR OWN INITIATIVE, COST AND EFFORT. WE DOES NOT ADVISE / RECOMMEND ITS USERS / VISITORS TO ESTABLISH ANY CONTACT / INTERACTION WITH ANY OTHER USER/ VISITOR OR ANY SUCH ACCOUNT(S) AS DISPLAYED IN THE PLATFORM BASED ON THE INFORMATION OR DATA AS PROVIDED BY SUCH ACCOUNTS AND THE USER / VISITOR OPTING TO BUILD CONTACT OR INTERACT SHALL DO IT SOLELY AT THEIR OWN RISK. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, USERS RELEASE, INDEMNIFY, AND HOLD US HARMLESS, OUR PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPATION IN ANY ACTIVITY OR INTERACTION THROUGH THE PLATFORM, INCLUDING PROPERTY DAMAGE.
THE INFORMATION PROVIDED ON THE PLATFORM OR UPLOADED BY THE USERS ON THE PLATFORM IS ONLY TO ASSIST THE USERS. ANY AND ALL INFORMATION PROVIDED ON THE PLATFORM IS GENERIC IN NATURE. THE INFORMATION PROVIDED ON THE PLATFORM DOES NOT INTEND TO SUBSTITUTE ANY PROFESSIONAL OPINION OR ADVICE.
YOU UNDERSTAND THAT WE ASSUME 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 OFANY COMMUNICATIONS BY US TO THE USERS OR MEMEBERS.
YOU UNDERSTAND THAT WE SHALL NOT BE RESPONSIBLE AND LIABLE FOR ANY HARM, LOSS, OR DAMAGE ARSING FROM ANYONE DUE TO USE OF THIS PLATFORM OR ANY LOSS OR DAMAGE TO ANY PERSONS OR INDIVIDUAL RESULTING FROM SUBSEQUENT TO ANY RELATION (INCLUDING BUT NOT LIMITED TO MATRIMONIAL RELATIONS) ESTABLISHED PURSUANT TO THE USE OF THIS PLATFORM.
YOU UNDERSTAND THAT WE DO NOT MAKE OR PURPORT TO UNDERTAKE ANY GUARANTEE EITHER EXPRESS OR IMPLIED WITH RESPECT TO ANY A MATRIMONIAL OFFER AND/OR RECOMMENDATION FROM OR BY US.
In no event, shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Platform or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms.
Users agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) details and User Content that You submit or transmit to us, (ii) Your violation of any rights of any other person in connection with the Services, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of these Terms, (v) any breach or violation of applicable laws and regulations (vi) any breach of representation and warranties made in relation to the Services (vii) transactions (present and subsequent) between You and other Users.
Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.
The term of this Agreement shall be valid, effective and subsisting subject to your subscription plan of our Service.You understand that, You may terminate or cancel Your Membership/ Subscription at any time by deleting the profile or upon expiration of Your subscription plan, in the event You terminate or cancel Your Membership, You understand that You shall not be entitled to any refund or reimbursement of any un-utilized Subscription fees, also all the Content of Your profile shall be deleted and cannot be revived back. Further, we may at any time, terminate these Terms, if:
i. You breach any terms and conditions of these Terms or;
ii. You have engaged in or used the Platform in an unprofessional or illegal manner or in any manner to dupe, lure, defraud other Users.
iii. You have engaged or conducted in prohibitive or inappropriate communication with the other Users not limited to usage of unprofessional language, misrepresenting yourself.
iv. We are required to do so under law (where the Services provided by us become unlawful);
v. We choose to discontinue the Services provided through the Platform.
Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, general provisions, prohibited conduct shall survive any termination.
This Agreement and Your use of the Platform is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India.