Terms & conditions

1. GENERAL Tamil Kettimelam, a Sole Proprietorship Firm, having its office at Tamil Kettimelam, Tamil Nadu. India, represented by its Proprietor, hereinafter referred to as the “Firm” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensure steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website  www.tamilkettimelam.com ( hereinafter collectively referred to as the “Platform” ).
2. DEFINITIONFor the purpose of these Terms of Use (“Terms”), wherever the context so requires,
   1. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires.
   2. “User”, “Member/Premium member/ Subscriber/” shall mean and refer to natural and legal individuals who use the Website and who is competent to enter into binding contracts, as per Indian laws.
   3. “Member/Premium member/ Subscriber/User” shall refer to those willing to avail matrimonial services through the Platform or their relatives who maintain their profiles on their behalf.
   4. “Services” refer to providing a Platform for Subscribers/Users to avail services with regard to matrimonial alliances, see profiles and register themselves with intent to seek matrimonial alliances through the use of a single platform.
   5. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
   6. The term “Platform” refers to the Website which provides the User the facility to seek matrimonial services through the Firm.
3. TERMS
   1. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
   2. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the Firm, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
   3. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.
      The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
   4. The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
4. SERVICE OVERVIEWThe Firm shall act as a facilitator/service provider for registering Profiles for the purpose of seeking matrimonial alliance. Men and woman of all religions who are single, divorced or widowed can register on the Platform to seek the services through the Platform. Relatives of the bride or groom can create and register their profiles on their behalf.
5. REGISTRATION
   1. Registration is mandatory for the Users to access the Services provided by the Firm through the Platform. Users shall register themselves on the Platform by providing information including but not limited to personal information such as Personal Details, Educational Details, Contact Details, Professional Details, Residential Details, Horoscope Details and Family Details.
   2. The Users cannot link his Facebook or Google Profile to the Platform at present.
   3. The Registration and use of the Platform is presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the firm and the proprietor. Presently Charges may be incurred after registration depending on the Services the User would like to avail.
   4. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. Those Registered as Brides or Grooms have to be above the age of 21 and 18 respectively in compliance with Indian Laws to be eligible for the Platform’s Services.
   5. Further, at any time during use of this Platform, including but not limited to the time of registration, Users are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by You.
6. ELIGIBILITYThe User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law. The User seeking to register themselves as brides or grooms should be of 18 and 21 years respectively in compliance with the legal provisions of India.
7. MEMBERSHIP
   1. The User can avail the paid services offered on the platform by paying a membership fee, which would be decided and updated by the Firm from time to time.
   2. The Platform is used solely for the purpose of facilitating registration of profiles for the purpose of matchmaking. The platform or the firm bears no guarantee with regard to the trustworthiness or authenticity of its members. The same has to verified by the interested persons and shall not be the liability of the platform or firm.
8. EVENTS CONDUCTED
   1. The firm shall organize Bride and Groom meet up events from time to time. Both Registered users of the platform as well as those not registered for the same shall be eligible. A fee will be charged for participation in the event.
   2. The platform or the firm does not bear any responsibility towards the trustworthiness or authenticity of the participating members in the event, the same shall be verified by the interested parties on their own. The Firm or platform bears no responsibility towards the same.
9. CONTENT
   1. The Content displayed on the Platform that is created by the Firm is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Firm and the copyright owner.
   2. The Users shall be solely responsible for the authenticity of the content generated on the platform by them in the form of profile information, user experiences and reviews.
   3. The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar.
   4. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. All photographs loaded should be recent specifically the profile picture. The horoscope and profile picture will be displayed only after it has been approved by the platform.
10. PAYMENT
    1. Registration on the Platform is free of cost at present. However, in case of purchase of service the User shall pay an amount for the Services availed through the Platform directly to the Firm in any of the prescribed modes of payment Methods.
       1. Debit Card
       2. Credit Cards
       3. Amex Card
       4. Net Banking
       5. Online Payment Gateways: PayUmoney
    2. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charges of 3% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
    3. The payment is processed through a third party gateway and the User shall be bound by the third party’s terms and conditions.
    4. The User cannot seek a refund on the payment for services made at any point of time.
11. TERM & TERMINATION
    1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
    2. A User may terminate their use of the Services and the Platform at any time.
    3. The Firm may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
    4. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.
    5. It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.
    6. The Firm and the Proprietor reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
    7. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
    8. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
    9. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
12. COMMUNICATION
    1. By using this Services and Platforms, and providing his/her identity and contact information to the Firm through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Firm and/or any of its representatives at any time.
    2. Users can report to the firm any grievances or suggestions that they have through e-mail, communication widget on the platform or through regional representatives assigned in each region for this purpose. If they find any discrepancy with regard to Service related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
13. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
14. The User agrees and acknowledges that they are a restricted User of this Platform, and that they:
    1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Profile has to be that of an individual, business establishments cannot create a profile on the platform. We are not liable if the User has provided incorrect information.
    2. Agree to ensure the email address, address, mobile number, personal information, family details, photographs and horoscope provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
    3. Agree that they are solely responsible for maintaining the confidentiality of your account password. The User has to notify the Firm immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
    4. Understand that Photographs or any other personal information entered including horoscopes shall be reviewed by the firm and only on being satisfied shall the same be allowed on the platform
    5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption's, reviews and ratings, experience stories for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
    6. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
    7. Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Firm, and that the Proprietor of the firm is in no way responsible for the content of the same. The User may however report any offensive or objectionable content, which the Firm may then remove from the Platform, at its sole discretion.
    8. Expressly consents to follow the terms and conditions, and policies of the Sellers affiliated with the Firm from whom the Users are making purchases.
    9. Expressly agrees to make good any losses suffered by the firm or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud, unauthorized impersonation and falsification of information
    10. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Firm or Platform shall not be responsible for any resultant losses suffered.
    11. Agrees that the platform will be used by him solely for non-commercial use with the intent of promoting his profile for the purpose of match making. No commercial endorsements will be made on the platform. This includes providing links to other platforms which may or may or may not be competitors of the Firm. In the event of detection of commercial activity in any profile the Platform will have the right to suspend the same.

Further:

14. 12. The User hereby expressly authorizes the Firm/Platform to disclose any and all information relating to the User in the possession of the Firm/Platform to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
    13. By indicating User's acceptance to purchase any service offered on the site, user is obligated to complete such transactions after making payment. Users shall be prohibited from indicating their acceptance to purchase services where the transactions have remained incomplete.
    14. The User agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.
    15. The User agrees to provide authentic and true information. The Firm reserves the right to confirm and validate the information and other details provided by the User at any point of time. If found to be false the User’s account shall be suspended.
    16. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
        1. belongs to another person and to which the User has no right to;is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, , or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
        2. violates any law for the time being in force;
        3. deceives or misleads the other users
15. DISCLAIMER
    1. Description or prices shown on the Platform with regard to the services will be tentative, The Firm will not responsible for any delay. Any changes in fare are subject to changes in factors including but not limited to market conditions, demands for service, etc.
    2. The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Firm. The Firm bears no responsibility whatsoever for any consequences arising from the use of the said Services by Users. The Firm shall in no way be responsible for losses incurred to due to reckless or incorrect use of the services by the user.
    3. In the event of dispute between users in the process of matchmaking, the Platform or the Firm shall bear no responsibility for the same and under no circumstances be added as a party to the same.
    4. Any advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only.
16. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, question, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms.

17. FORCE MAJEURE

Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

18. DISPUTE RESOLUTION AND JURISDICTION
    1. It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
       1. Mediation:In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
       2. Arbitration:In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Tamilnadu. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
19. GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to admin@tamilkettimelam.com. Communicated to the Regional representatives details of whom have been furnished on the platform’s Communication page.

20. MISCELLANEOUS PROVISIONS
    1. Entire Agreement:These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications,representations and agreements (whether oral, written or otherwise) relating thereto.
    2. Waiver:The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
    3. Severability:If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Contact Us:If you have any question about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at tamilkettimelam@gmail.com