Terms & Condition
Terms & Conditions
The website, www.Kleeloo.com / Kleeloo.com (“Site”) is an
electronic web based platform for exploring opportunities and enhancing
outreach using the online search and other tools available for the prospective
brides and prospective grooms.
Any and all use of this website is subject to, and
constitutes acknowledgment and acceptance of, the following Terms and
Conditions (“Terms”). It is mandatory for all Members of the Site to have read
carefully, fully understood and be in total agreement to the below mentioned
Terms before they proceed to use any of the services of the Site (“Services”).
The Services are available only to those individuals who can form legally
binding contracts under the Indian laws.
Definition clause:-
Member: For purposes of this Agreement, a “Member” is any
person who accesses the Site for whatever purpose, regardless of whether said
Member has registered with Kleeloo.com as a registered Member or whether said
Member is a paying customer for a specific service provided by Kleeloo.com. A
Member includes the person using this Site and any legal entity which may be
represented by such person under actual or apparent authority
Un-Authorized Member: – Any person who does not have a legal
or a contractual right to access the services, but does so, will fall within
the definition of an ‘unauthorized customer’ and will be subject to the terms
and conditions, and expressly so with respect to respecting the intellectual
property rights of the provider, and abiding by licensing terms and conditions.
Free Services: Any person/entity that joins the Site just
with the intention to enlist his showcase his profile online without availing
any specialized services thereto.
Paid Services: Access to the Site and certain features are
provided to all Members free of charge. However, the Site reserves the right,
without prior notice, to restrict access to certain areas or features of the
Site (“Paid Services”) to paying Members or Members who undergo a specific registration
process. Access to and use of these Paid Services is governed by additional
terms and conditions under separate agreements in addition to this Agreement.
By using the Site and its Services, the Members represent
and warrant that (a) All registration information submitted is truthful and
accurate; (b) The Members will maintain the accuracy of such information; (c)
The use of the Site does not violate any applicable law or regulation. (d)
Member’s profile may be deleted and his Membership may be terminated without
warning, if we believe that Member is in breach of any of the above terms. (e)
In no event the Site will be liable for any damages including, without
limitation, indirect or consequential damages, or any damages whatsoever
arising from use or loss of use, data, or profits, whether in action of
contract, negligence or other tortuous action, arising out of or in connection
with the use of the site.
This Agreement applies to each Paid Service (as defined
below) in addition to any terms and conditions that may be applicable to such
specific Paid Service provided, however, that in the event of any conflict or
inconsistency between any provision of the terms and conditions that may be
applicable to such Paid Service and any provision of this Agreement, such
conflict or inconsistency shall (except as otherwise expressly provided or
agreed) be resolved in a manner favourable to Membership is activated within 48hrs
in working days after verification or from the receipt of activation charges
and is continued for the period for which the activation charges have been
submitted.
Members be aware that the servers belongs to third party and
the continuation to access the services are subject to availability as the same
is interrupted at times by technical problems /hackers etc. and the Site or the
parent company is not responsible for the costs/damages/extension of activation
period etc. for the same in any manner under any circumstances. The members are
advised to spool the messages etc. offline and save them elsewhere in order to
avoid any hacking or technical problem.
Membership charges are subject to revision and are at the
discretion of the Kleeloo.com.
The Site reserves their right to block or delete the webpage
at any time without assigning any reason etc. and the member/s will have no
claim or right whatsoever against the Site under any circumstances.
Members agree to accept communications (through Calls/Chat/
Mails/SMS for existing services, enquiries, feedback and promotions) including
member to member on the numbers made available during registration or
subsequently, via registration forms, posting requirements, feedbacks or any
such form that has provision for phone number / mobile number irrespective of
being on Do Not Call Registry / National Customer Preference; which include
company / your number / an assigned point of contact; with respect to the
subscribed services of Kleeloo.com
As long as you use the site or remain to be a Member at the
Site, this Agreement will remain in full force and effect. You may terminate
your membership at any time, for any reason by following the instructions that
have been provided in your folder. Kleeloo.com may terminate your access to the
Site or your membership at any time, for any reason effective upon sending
notice to you at the email address you provide in your application for
membership or such other email address as you may later provide to Kleeloo.com.
If Kleeloo.com terminates your membership because you have breached the
Agreement, you will not be entitled to any refund of any unused Subscription
fees. Even after this Agreement is terminated, certain provisions will remain
in effect inclusive, of this Agreement.
The Non-Commercial Use of Site and Serviced by Members:
Your membership at Kleeloo.com is for your sole, personal
use. You may not authorize others to use your account, and you may not assign
or otherwise transfer your account to any other person or entity. The Site may
not be used in connection with any commercial endeavours. This includes
providing links to other websites, whether deemed competitive to the Site or
otherwise. Companies, organizations and/or businesses may not become Members of
the Site and should not use the services provided by the site for any purpose.
Illegal and/or unauthorized uses of the Site, including unauthorized framing of
or linking to the Site will be investigated, and appropriate legal action will
be taken, including without limitation, civil, criminal, and injunctive
redress.
That the Members agree to use this site only for lawful
purposes, and in a manner which does not infringe the rights of, or restrict or
inhibit the use and enjoyment of this site by any third party. Such restriction
or inhibition includes, without limitation, conduct which is unlawful, or which
may harass or cause distress or inconvenience to any person and the
transmission of obscene or offensive content or disruption of normal flow of
dialogue within this site. If any member/individual; /entity become aware of
any inappropriate content by any member of this site, or otherwise please
contact us by clicking on the “Feedback” link at the footer of every page.
Proprietary Rights in Content on Kleeloo.com:
Kleeloo.com owns and retains other proprietary rights in the
site as well as the services. All logos, brands, trademarks, registered marks
(“Marks”) appearing in Kleeloo.com are the properties either owned or used
under license by the Company and / or its associates. All the rights accruing
from the same, statutory or otherwise and intellectual property rights wholly
vest with the Company / its associates. All rights not otherwise claimed under
this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the Member any license or right to
use these Marks and therefore the use of these Marks in any form or manner
whatsoever is strictly prohibited. Any act in violation of the above would
constitute an offence under the prevailing laws of India and can be the reason
for termination without refund. The Site reserves the right to take legal
action (civil and/or criminal) for any violations.
Content Posted on the Site:
The Site has the authority to screen and delete at any time
any content, messages, photos or profiles that in the sole judgment of the Site
violates the Terms of Use or which might be objectionable, offensive, illegal,
or that might violate the rights, harm, or threaten the safety of the site or
its Members without prior notice to any Member.
You, as a member, would be solely responsible for the
content that you decide to publish or display at the Site or choose to send to
the members at the Site.
The Site doesn’t allow posting of multiple profiles of the
same person. The Site reserves the right to deactivate all multiple profiles
without any refund of subscription fees.
By posting the content to any public area of the Site, you
automatically grant, and you represent and warrant that you have the right to
grant, to the Site, and its Members, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, display, copy, perform and distribute
such information and content and incorporate into other works or to prepare
derivative works of, such information and content, and to grant and authorize
sublicenses of the foregoing.
Members hereby agree that all the information posted on the
Site including and not limited to text, facts, data, photographs, graphics,
images, communications, tags, or any other content whether posted publicly or
sent privately or otherwise through / on the Site are the sole responsibility
of the person from whom such content originated and shall be at the Member’s
sole risks and consequences. Each Member is solely responsible for all Content
that he / she chooses to upload, post, email, transmit or otherwise make
available via the Site.
The Site is subject to Web Promotion for a world wide coverage. Your profile
posted on the site would also be picked up by the Search Engine (Google, Yahoo,
Altavista etc.) and listed on various searches.
The Site reserves the right to verify the authenticity of
any information posted on the Site. In exercising this right, the Site may ask
you to provide any documentary or other form of evidence to support the
information posted by you and failure to produce such relevant evidence to the
satisfaction of the Site may lead to termination of your Membership without a
refund.
The following is a partial list of the kind of content that
is illegal or prohibited at Kleeloo.com. The site will investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the being a part of the services and terminating the
Membership of such violators without a refund. It includes the content that:
·
harasses or advocates harassment of another
person;
·
is patently offensive to the online community,
any such content that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
·
involves unsolicited mass mailing or “spamming”,
the transmission of “junk mail”, “chain letters,”;
·
promotes any information that is misleading, is
false or that promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
·
promotes unauthorized or an illegal copy of
another person’s copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices;
·
contains restricted or password only access
pages, or hidden pages or images (those not linked to or from another
accessible page) ;
·
displays pornographic or obscene or sexually
explicit material of any kind;
·
provides any kind of instructional information
about illegal activities such as violating someone’s privacy, making or buying
illegal weapons, or providing or creating computer viruses, or hacking;
·
solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; and
·
provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
You must use the services at the Site in a manner consistent
with any and all applicable local, state, and federal laws and regulations.
You may not disclose in your Member profile, visible to
other members, any telephone numbers, postal addresses, last names, URL’s, and
email addresses besides the columns that are meant for the same.
You may not engage in advertising / marketing to, or
solicitation of, other Members to buy or sell any products or services through
the site. Although the Site cannot monitor the conduct of its Members off the
site, it is also a violation of these rules to use any information obtained
from the Site in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising or
solicitation, Kleeloo.com reserves the right to restrict the number of emails
which a Member may send to other Members which the Site deems appropriate in
its sole discretion.
In case you chose to discontinue your association with us,
you can unsubscribe / remove your account by completing the delisting procedure
using the Remove Account link available in your folder.
Copyright Policy:
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Kleeloo.com service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the our Site; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf. Kleeloo.com’s
Copyright Agent for Notice of claims of copyright infringement can be reached
by writing to the address located under the Contact Us section on the site.
Disclaimer:
Under no circumstances will the Site be liable in any way
for any content, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
any content posted, emailed, transmitted or otherwise made available at the
Site.
The Site is intended only to serve as a preliminary medium
of contact and information and does not portray itself as a marriage or
business bureau and does not, in any manner whatsoever, monitor the first or
subsequent contacts, introductions and/or interactions which may be caused due
to any information specified in its contents. The Site cannot guarantee and
does not promise any specific results from use of the Site.
It is to be made very clear that any advice, counseling,
recommendations or information provided at the Site may not necessarily be
correct, true or reliable, and that any reliance placed thereon and any action
taken on the basis of the same shall be solely and entirely at the risk of the
person or persons placing such reliance or taking such reliance or taking
advantage of, at their own initiative, cost and effort. The Site cannot be held
responsible or liable, in any manner whatsoever, in respect of any reliance
placed on any information placed on this website, since it serves merely to act
as indicator of the general scenario in the related behalf.
The shortlisted profile(s), matching profiles, interested
profiles that may be sent through or by the Site is not a matrimonial offer
and/or recommendation from/by the Site. The Member is solely responsible for
his / her decision to pursue any such profile holders and the Site shall not be
responsible for any loss or damage to any individual arising out of, or
subsequent to, any relations (including but not limited to matrimonial
relations) established pursuant to the use of the services on the Site.
The contents at Kleeloo.com are neither intended nor meant
to induce or persuade or convince or invite any person whatsoever to perform
any action or do any such thing, or not do the same, where such performance or
doing, or non-performance or not doing, constitute any contravention of any law
or regulation in force for the time being to which such person or action may be
subject.
Kleeloo.com reserves the absolute right to modify or amend
or delete, in any manner as it deems fit, any contents of any matrimonial
listing placed on Kleeloo.com in order to ensure compliance with the rules of
such placement (which may include, without intimation, the efforts and
initiatives by Kleeloo.com to maximize response to matrimonial listings), prima
facie accuracy and the prevailing laws i force for the time being, especially
those relating to prohibition of any improper, indecent, unlawful or obscene
content.
By listing a matrimonial profile, or a business or personal
listing or a link, or any content or listing, on Kleeloo.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 Kleeloo.com
harmless and protected against any suit or plaint, 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 Kleeloo.com
on account of any matter arising out of, or relating to such posting or
listing.
Kleeloo.com 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 Kleeloo.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 Kleeloo.com, shall lie or be deemed to be
sustainable against Kleeloo.com.
Kleeloo.com considers and intends to be subject only to the
applicable laws in force for the time being at New Delhi and to the
jurisdiction of courts located in New Delhi alone. Limitation on Liability:
Limitation on Liability:
Kleeloo.com shall not be liable for any loss or damage of
any sort arising out of the use and/or temporary or permanent discontinuation
of its services. Notwithstanding anything to the contrary contained herein, Kleeloo.com,
liability to you for any cause whatsoever, and regardless of the form of the
action, will at all times be limited to the amount paid, if any, by you to Kleeloo.com,
for the Service during the term of membership.
The Member is warned against disclosure of any personal /
confidential / sensitive information to any previous or current employee of the
company. The Member would do so solely at his / her own risk and Site / Company
shall not be liable for the outcome of any such transaction of information
including and not limited to damages for loss of profits or savings, business
interruption, loss of information or repute.
That there are certain free and paid features which may not
be incorporated in the mobile application version though they are a part of the
original website since the mobile apps are designed to be compact and light to
ensure a smooth experience. Each Member hereby represents, warrants and agrees
that the same shall be acceptable as a matter of fact and no requests to
incorporate any such feature in the mobile app version would be initiated by
the Members.
Indemnity:
You agree to indemnify and hold Kleeloo.com, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney’s fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and warranties set
forth above.
Payment and Refund Issue:
Payment for memberships:
All payments need to be made on 100% advance basis to
continue to use uninterrupted Paid Services.
For the purpose of ensuring maximum security for the
financial information of Members(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 our Site.
We have not authorized any individual or organization to
collect payments in any other name (i.e. any other individual or organization
name) or via personal Western Union or personal Paypal Accounts for any
services rendered by Kleeloo.com. You are informed that under no circumstances
will Kleeloo.com be liable for any damage caused due to your transactions /
payments made to / in favour of such fraudulent individuals or organizations.
To protect your interests, please contact us immediately if any such fraudulent
individual or organization tries to mislead you.
The Member, who is liable to pay Subscription Fees, shall
pay it on demand even if the Member disputes the same for any reason. In the
event that the Company deciding the dispute to be in the Member’s favor, the
Company shall refund to the Member any excess amount paid by the Member free of
interest. In the event of late payment by the Member of any sums due under this
Agreement, the Membership and the services would stand terminated.
If membership validity get expire, members have to renew with a new package mentioned in website if required and the unutilized features will not be carry forwarded to the new membership. If any one of the features mentioned under the plan gets over, and not able to use the service mentioned in plan,members have to opt new membership plan and the validity will be reset to the date from the date of next payment.
Refund / Money Back Policy:
All membership purchases at kleeloo.com are final. Service
Provider does not refund or cancel any membership fees. Membership is
co-extensive with the profile. Membership expires as soon as the profile is
deleted or terminated, and cannot be reactivated. No refunds will be made in
case profile is deleted or inactivated or terminated. Any exceptions to refund
policy will be made at the sole discretion of Kleeloo.com
Refund on the basis of fraudulent transactions
The Member is solely responsible for maintaining
confidentiality, as well as all the activities and transmission performed
through his My Folder. He/she 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. Kleeloo.com
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.
Refund on the basis of change in preference / delay in
process
As we at Kleeloo.com keep up high interactions with our
clients and carry out the entire process with their approval thus there is no
provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent
for processing immediately. Your personal preferences changed in the course of
time, cannot serve a reason for refund or charge back.
Member Disputes:
The Members are solely responsible for interactions at Kleeloo.com,
hence Kleeloo.com expressly disclaims any responsibility or liability for any
interactions or transactions between the Members. Kleeloo.com reserves the
right, but has no obligation, to monitor disputes between Members.
Kleeloo.com will not be party to any legal proceedings
between Member and any other registered or free Member for any transactions
through the Site. Kleeloo.com will always abide by governing / legal
authorities order and cooperate fully through the process, but the costs of the
same shall be recovered from the party that has implicated Kleeloo.com in such
case.
Kleeloo.com strongly advises the Members against providing
your financial information (for example, your credit card or bank account
information), or wire or otherwise send money, to other Members. If any Member
asks for personal or financial favours like lending a loan, sending some money,
deposit of funds on their behalf or even transportation or collection of some goods,
it is advised that you cease any communication with the Member and report the
case to Kleeloo.com to support you in the investigation subject to available
evidence however it cannot be held liable for any damage or loss so caused due to
this fraudulent transaction.
Matter of Disputes and Jurisdictional Aspects:
For any kind of legal dispute related to Kleeloo.com would
be dealt in only territory of Kozhikode, Kerala. All the legal issues are
subjected only to pertinent contemporary’s laws in force at Kozhikode to the
jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction:
This Agreement and any dispute or matter arising from
incidental use Kleeloo.com is governed by the laws of India and the Member and
the Company hereby submit to the exclusive jurisdiction of the courts at Kozhikode,Kerala.
This Agreement, accepted upon use of the Site and further affirmed by becoming
a Member of the Kleeloo.com, contains the entire agreement between you and Kleeloo.com
regarding the use of the Site and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
We hope you are able to make full use of every facility and
service provided by the site to your advantage. We wish you the very best in
your endeavour and hope that you meet with success in the same.