TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING www.mergger.com
This website (www.mergger.com) and the services accessible through it (hereafter referred to as the “Website”) are made available by Yesa technologies Pvt. Ltd entity incorporated in India under the laws of India (hereafter referred to as the “Administrator”). This Website is offered to you (hereafter referred to as the “User”), subject to User’s acceptance of these Terms and Conditions of Use. User’s use and access of this Website constitutes User’s agreement to agree with these Terms and Conditions of Use, which may be amended from time to time, without any modifications or conditions whatsoever. By continuing to use the Website even after such modifications, User indicates acceptance of such modified Terms and Conditions of Use. User may be required to re-accept the revised version of the Terms and Conditions of Use to continue to use this Website, as and when deemed fit by the Administrator. User may review the updated and valid version of the Terms and Conditions of Use any time in this section of the Website. The User is requested not to use the Website without accepting these Terms and Conditions of Use.
1. AGE REQUIREMENT
User warrants to be at least 18 (eighteen) years of age or older, and has the right, authority and capacity to agree to and abide by these Terms and Conditions of Use.
This Website requires registration to access and use the services provided by the Website. To register, User must provide certain information, including a user name, a password and a valid e-mail address. If User decided to register on the Website, User consents to provide accurate and complete registration information. User agrees not to impersonate any person or entity or misrepresent his/her identity. User acknowledges that registration is for only for himself/herself, and that User shall not permit any person other than the User to access and use any features/sections of this Website requiring registration using User's name and password. User shall be responsible for any and all access to and use of this Website through User's name and password, whether or not User has knowledge of or authorizes such access and use. User will notify the Administrator immediately of any unauthorized disclosure or use of User’s account, or if User suspects the privacy of User’s account has been breached and/or jeopardized. Until the Administrator is notified of a breach in security, User will remain liable for any unauthorized disclosure or use of User’s name and password.
The User shall not (i) select or use the name of another person with the intent to impersonate that person, as his/her user name; (ii) use any offensive, vulgar or obscene name as his/her user name. The Administrator reserves the right to refuse registration of, or cancel a user name in its sole discretion. The User shall solely be responsible for any and all activity that takes place in or through such User’s account.
Administrator reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to the User based on the preferences that the User identifies in his/her registration and at any time thereafter.
Unauthorized access to any of the services offered by this Web Site is a breach of this Agreement and a violation of law.
3. USE OF THIS WEB SITE
This Website shall only be used by the User for his/her personal, non-commercial use and social networking. User warrants that he/she shall not make any unauthorized or unlawful use of the services of this Website. User acknowledges that any unauthorized or unlawful use of this Website may result in irreparable injury to the Administrator and/or its affiliates for which monetary damages would be inadequate, in which case the Administrator and/or its affiliates, as the case may be, shall have the right to avail any remedy available under the applicable laws including but not limited to immediate injunctive relief against the User. Any provision of these Terms and Conditions of Use shall not be construed to limit remedies available pursuant to statutory or other claims that the Administrator and/or its affiliates may have under separate legal authority. In addition, registration by the User for availing the services of the Website shall be deemed to be acceptance by the User to receive any promotional messages or e-mails from the Administrator its authorized third parties.
4. DESCRIPTION OF SERVICES
This Website is an online community catered to provide social and professional networking opportunities to its users and includes facilities/services including but not limited to chatting, dating and matrimonial services. The User consents to bear all risks, costs and consequences which may arise from using chatting, dating and/or matrimonial services, offered through the Website. The Users are hereby advised to take all precautions while relying on any information available in the profile of the other users of the Website in dating and/or matrimonial services and carry out necessary checks and scrutiny concerning such other user prior to taking any further action. The Administrator shall in no way be responsible for any harm or loss caused to any User by virtue of accessing the chatting, dating and/or matrimonial services of the Website and establishing any relationship with any other user of the Website.
The Administrator, either itself or through its affiliates, partners, third party vendors, etc. may also organize contests through its Website, from time to time, and the Users will have the option of participating in such contests. The User may himself/herself directly participate in such contests and shall also have the option of voting for other participants in such contests. The User consents that his/her participation in such contests, either as a contestant or as a voter, shall be with his/her free will and thus the User shall bear all risks, costs and consequences which may arise from such participation. The User hereby further agrees that the winner of such contests shall be determined on the basis of votes casted by other users of the Website and the user getting maximum votes shall be declared to be the winner. The votes shall be counted by automated counting system and any personnel of the Administrator or any of its affiliates shall have no discretion in selecting the winner of any contests. User shall not have a right to challenge the results of the voting declared by the Administrator, for any contests being organized through the Website, for any reasons whatsoever.
The Website shall also have an e-store, through which Administrator shall either itself or through its affiliates and third party vendors offer certain products for sale to its Users. However, the Users shall not have the option for making online payments for purchasing any products offered for sale through the Website. The Users shall be required to place an order for purchase of any product(s) and make cash payments for such product(s). The Users shall also be eligible to gain credits for every order placed on the Website, which shall be calculated on the basis of the monetary value of the placed order, as may be decided by the Administrator. The Users may use/redeem such credits for making any future purchases, either as part or full payments, from the e-store section of the Website.
5. MODIFICATIONS TO SERVICES
The Administrator reserves the right to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered by this Website or the design and functionality of this Website, with or without notice and/or reason. User agrees that the Administrator shall not be liable to the User for any modification, suspension or discontinuation of any of the services/features of the Website, including but not restricted to any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
6. USE OF BLOGS, POSTING BOARDS AND OTHER COMMUNICATIONS FORUMS
User acknowledges that certain parts of this Website may provide a platform for Users generally to express themselves and other public areas that allow interactivity between Users, including without limitation by way of chat platform, blogs, posting boards and other message or communication facilities. By way of example, and not as a limitation, User agrees that User will not:
(a) use the platforms provided by the Website for any unauthorized or unlawful purpose or for promoting or selling any products or services for any purpose other than as expressly permitted by the Administrator including but not limited to using the information to sell or promote any products or services.
(b) post any content or links for any competitor of the Administrator.
(c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless User owns or controls the intellectual property rights in such software or material.
(d) promote or endorse any illegal or unauthorized copy of another person’s copyrighted work such as pirated computer programs/software, music or other media, or provide instructional information about any unlawful or illegal activities.
(e) upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, libelous, unlawful or otherwise objectionable material or information.
(f) defame, abuse, harass, ‘stalk’, threaten or otherwise violate the personal rights or privacy of other Users.
(g) upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Website’s systems and infrastructure.
(h) upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.
(i) download any file posted by another User, that User believes or has reasons to believe to be illegal or infringed of its copyrights.
(j) use or attempt to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Firefox, Safari).
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website.
(l) aggregate, copy or duplicate in any manner any content or information available on this Website.
(m) attempt to gain unauthorized access to this Website or its services using other Users' log-in details, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses of other users of the Website from the database of the Website, for any use whatsoever, without the written permission of the Administrator and/or such other user(s) shall be considered as theft and legal action will be taken against offenders.
(n) sell access to or use of any services available on this Website.
(o) upload, share or otherwise distribute any text, graphics, images or data which is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy or impersonate another person.
(p) upload, share or otherwise distribute any text, graphics, images or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
7. USE OF INFORMATION AND MEDIA
(a) not be obscene, vulgar, defamatory, derogatory, hurting religious sentiments, depicting violence; and
(b) not infringe the intellectual property rights of a third person.
Administrator reserves the right to remove without notice any information and/or media uploaded by the User which, in the sole judgment of the Administrator, violates these Terms and Conditions of Use or applicable laws. Administrator shall have the right to deny access to the Website to any User and/or revoke User’s registration without prior notice for violating these Terms and Conditions of Use or applicable law, rule or regulation. Administrator may take any action with respect to information and/or media of the User that it deems necessary or appropriate in its sole discretion, creates or may create civil and criminal liability for the Administrator.
8. REPRESENTATIONS AND WARRANTIES OF USER
User acknowledges, represents and warrants to the Administrator as follows:
(a) User shall be responsible for his/her use of this Website including content, material and information posted, published, submitted or otherwise disseminated by User through this Website. User shall not make any unauthorized or unlawful use of the Website.
(b) User shall be responsible for obtaining and maintaining third party consents for content, material and information of any third party posted, published, submitted or otherwise disseminated by User through this Website. User will not, for example, be in breach of any obligations, contractual or statutory, to which User is subject or governed.
(c) User shall bear any and all risks associated with the use of any services/content of the Website.
(d) User shall fully comply with these Terms and Conditions of Use.
(e) User shall indemnify the Administrator, its affiliates and/or licensors, as applicable, against any claim or demand, including reasonable legal fees, incurred by any of them as a result of use or reliance on the content which may be submitted or posted by the User through this Website, User’s use of this Website, any unlawful, unauthorized or prohibited use of this Website by User and/or violation of these Terms and Conditions of Use.
10. LIABILITY DISCLAIMER
(a) The Administrator shall not be liable for any technical problems, such as downtime, lack of connectivity etc. impeding or otherwise adversely affecting the availability of the any and all features or services of the Website.
(b) The services offered by this Website are at User’s own risk and the Administrator offers no warranty or guarantee whatsoever for the use of this Website.
(c) The Administrator does not provide any representation or guarantee concerning the suitability of the content and services of the Website for any particular purpose of the results that may be obtained by the User using such services of the Website. All such content and services are provided “as is” without warranty of any kind. Administrator hereby disclaims all warranties and conditions with regard to contents and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall the Administrator and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website, or for any content and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if the Administrator or any of its affiliates has been advised of the possibility of damages.
The User shall defend, indemnify and hold the Administrator harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, which may arise from User’s access to the Website.
12. LINKS TO THIRD PARTY SITES
The Website may contain hyperlinks to such websites which are not owned and operated by the Administrator. Such hyperlinks shall be provided only for User’s reference. Administrator does not control such websites and is not responsible for their contents. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the contents/services of such websites or any association between the Administrator and the owner/operator of such other website.
The Website may contain advertisements or promotional materials for any contest/event. User agrees that his/her participation in such contest/event shall be governed by the terms and conditions specific to such contest/event. User’s dealings with, or participation in promotions of, any third-party advertisers on or through this Website are solely between the User and such third-party. User agrees that the Administrator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Website.
The Administrator does not provide or make any representation, warranty or guarantee vis-à-vis the quality and nature of the third party products or services which may be made available to the User using the Website. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of the applicable class, product or service, under the terms agreed to by the provider.
13. TERMINATION OF REGISTRATION
These Terms and Conditions of Use shall be valid and effective while you are a User of this Website. User may terminate registration at any time, for any reason [by using the online cancellation tool or sending an e-mail to the Administrator at the given e-mail address].
Without prejudice to the foregoing, User’s registration on this Website may be terminated at any time, and without cause, by either the Administrator or the User, upon notification by electronic or conventional mail to the address provided in the User’s account. When a User requests termination or the Administrator revokes registration, all personal data and records of that User will be permanently removed. The Administrator reserves the right to deny in its sole discretion, any User, access to this Website or specific areas of this Website or functionality or features of this Website by any method it chooses and/or by revoking registration of the User without notice at its sole discretion.
14. INTELLECTUAL PROPERTY
All contents of this Website are copyrighted by the Administrator and/or its affiliates. All intellectual property of the Website such as trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on this Website or in connection with any of the service, vest with the Administrator [and/or its affiliates, licensors and/or licensees]. Other product and company names mentioned herein may be the trademarks of their respective owners.
(a) Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India and the courts in New Delhi shall have exclusive jurisdiction with regard to any matter(s) arising out of and/or in connection with these Terms and Conditions of Use.
(b) Entire Agreement; Severability. These Terms and Conditions of Use comprise the entire understanding of the User concerning the usage of the Website. All provisions of these Terms and Conditions of Use shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not render such other provision invalid. In the event of the invalidity of any provision, it shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein. If any provision of these Terms and Conditions of Use shall be susceptible to two interpretations, one of which would render the provision invalid and the other of which would cause the provision to be valid, such provision shall be deemed to be have meaning which would cause it be valid.
(c) No Waiver. No waiver by the Administrator of any breach or series of breaches or defaults of the User, and no failure, refusal, or neglect to exercise any right, power or option given to the Administrator hereunder or to insist upon strict compliance with or performance of the obligations of these Terms and Conditions of Use, shall constitute a waiver of the provisions of these Terms and Conditions of Use with respect to any subsequent breach thereof nor a waiver by the Administrator of its right at any time thereafter to require exact and strict compliance with the provisions hereof.
(d) No Assignment. These Terms and Conditions of Use shall be personal to User and User shall not assign, transfer, sublet, lease or delegate all or any of User’s rights and obligations, without Administrator’s prior written consent. Administrator reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions of Use to any of its affiliates or any other third party, with notice to User.
(e) A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(f) Any rights not expressly granted herein are reserved.