Hum-aur-Tum®, is a new general matchmaking for
wedding platform. This is NOT A BUSINESS VENTURE. This
Agreement sets out the legally binding terms for your use of the App and membership. This Agreement may be
modified by Hum-aur-Tum® from time to time. The membership
and
rights of admissions are reserved.
This service agreement is published in accordance with the provisions of Rule 3 (1) of the Information
Technology
(Intermediaries Guidelines) Rules, 2011.
Hum-aur-Tum® is a platform providing targeted
interacting services for matchmaking alliances . The App is for the personal use of individual members to
make
and upload their profiles and find relevant matches .
The App is a specific interacting platform to seek a matrimonial alliance.
Access to Hum-aur-Tum® website is free. We offer Every
Member a
platform to upload his/her Profile on various Hum-aur-Tum® pages and sending interest, Chat,
Email etc
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Acceptance of Terms
To use the Hum-aur-Tum® App you must register as a
member on the Website("App").
Hum-aur-Tum®
is intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
This
Agreement is an electronic
contract that establishes the legally binding terms you must accept to use the App and to become a
"Member". For purposes of this Agreement, the term "Member" means a person who voluntarily submits
information to the App.
By using the App, you agree to be bound by these Terms ("Agreement"). If you wish to become a Member
and upload/ publish your profile to other Members and make use of the Hum-aur-Tum® service ("App"), read these
Terms of Use and follow the instructions in the registration process. By using the App, you consent to
submit your personal identifiable information, to collect, process, display and use the said information
to
provide the App.
To withdraw this consent, you must discontinue using our App and delete your account.
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Acceptability
- To register as a member of Hum-aur-Tum® or use this App, you
must
be legally competent and of legal marriageable age as per the laws of India (currently, 18 years
or
over for females and 21 years or over for males).
- The Hum-aur-Tum® site is only to
facilitate
personal publishing for lawful marriage alliance between persons who are legally eligible to
enter into matrimony.
- By using this App, you represent and warrant that you have the right, consent, authority, and
legal
capacity to enter into this Agreement; submit relevant information to the site; and that you are
not
prohibited or prevented by 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 matrimony.
- You further confirm that you, intent to seek a life partner and that you shall
not use this site for casual dating. You also agree to abide by all of the terms and conditions
of
this Agreement. If at any time Hum-aur-Tum® is of the opinion
(in
its sole discretion) or has any reason to believe that you are not eligible to become a member
or
that you have made any misrepresentation, Hum-aur-Tum® reserves the right
to
forthwith terminate your membership and / or your right to use the App.
-
Security
You are responsible for maintaining the confidentiality of your login credentials you provide during the
registration process, and you are solely responsible for all activities that occur under your account.
You
agree to immediately notify us of any disclosure or unauthorized use of your account or any other breach
of
security, and ensure that you log out from your account at the end of each session.
-
Verification of mobile number is mandatory to access the app. Three chances to verify will be provided.
Failure to verify in three chances will lead to suspension of membership.
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Termination of Membership
- This Agreement will be effective, valid and subsisting as long as you use our App.
- You may terminate your membership at any time, for any reason by writing to Hum-aur-Tum®.
- Hum-aur-Tum® may terminate your
access to
the App and/or your membership for any reason including but not limited to breach of the terms
of
use, using the service for commercial purpose, engaging in prohibited or inappropriate
communication
or activity, by sending notice to you at the email address as provided by you in your
application
for membership or such other email address as you may later provide to Hum-aur-Tum®.
- Members with incomplete profiles will be intimated by email to complete their profile. Users
with
incomplete profile even after seven days of initial registration, will be deleted from the app.
- Certain provisions of this Agreement shall remain effective even on termination.
-
Minimum period of membership shall be for one year. In the event of marriage,
it can be terminated at anytime
post marriage on submission of documents. Apart from that, any premature termination may attract
penalty of minimum
of Rs 1000 or higher for using our services, based on the discretion of Hum-aur-Tum®, and debarment from
future memberships.
-
member activity
The App is for the personal use of individual members to publish and upload their profiles for the
purpose of seeking acceptances from relevant matches and cannot be used in connection with any
commercial
endeavors.
-
other terms of Use by the members
- Hum-aur-Tum® reserves the right in
it's
sole discretion to review the activity and status of each account and block access to the member
based on such review.
-
Hum-aur-Tum® reserve the right at its
sole discretion to restrict/suspend your free access to its website based on review of the
member's
activity, status or any such criteria Hum-aur-Tum® may deems fit and proper
with due intimation to you.
- You hereby confirm that as on date of this registration, you do not have any objection to
receive
emails from Hum-aur-Tum® and members of Hum-aur-Tum® as long as you are a
registered member of Hum-aur-Tum® .
- Multiple profiles of the same person are not allowed on our App. Hum-aur-Tum® reserves the right to
deactivate all multiple profiles.
- You confirm that the information including the personal information provided by you is
correct and accurate.
- Hum-aur-Tum® reserves the right to
take
appropriate steps to protect Hum-aur-Tum® and/or its Members
from
any abuse/misuse as it deems appropriate in its sole discretion.
- Hum-aur-Tum® reserves the right to
screen
communications/chats that you may send to other Member(s) and also regulate the same by
deleting unwarranted/obscene communications at any time at its sole discretion
without prior notice to any Member.
- Hum-aur-Tum® Members are expected to
exercise simple precautions for their privacy and safety.
- Hum-aur-Tum® Members who subscribe to
the
Hum-aur-Tum® Select App hereby,
unconditionally and irrevocably confirm that you have read terms and conditions and agree to
abide
by them.
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Posting on the App
- You understand and agree that Hum-aur-Tum® may delete any listing,
content, communication, photos or profiles (collectively, "Content") that in the sole judgment
of
Hum-aur-Tum® violate this
Agreement
or which might be offensive, illegal, or that might violate the rights, harm, or threaten the
safety
of either Hum-aur-Tum® and/or its Members.
- With respect to Content you submit or make available for inclusion on publicly accessible areas
of
the App including but not limited to your contact details, you hereby unconditionally and
irrevocably grant to Hum-aur-Tum® the consent and
license
to use, store, distribute, reproduce, prepare derivative works of, modify, adapt, publicly
perform
and publicly display such Content on the App and to the members of Hum-aur-Tum® site from
time to time.
- You understand and hereby agree that all information, data, text, photographs, graphics,
communications, tags, or other Content whether publicly posted or privately transmitted or
otherwise
made available to Hum-aur-Tum® are the sole
responsibility of the person from whom such Content originated and shall be at the
member's/person's
sole risks and consequences. This means that you (and not Hum-aur-Tum®) are solely
responsible
for all Content that you upload, post, email, transmit or otherwise make available via the App.
Hum-aur-Tum® does not control the
Content posted via the App and, as such, does not guarantee the accuracy, integrity or quality
of such Content. We advise all User/s to independently verify the content /information posted by
the
other members before acting upon the same and under no circumstances will Hum-aur-Tum® 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 via the App.
- Hum-aur-Tum® reserves the right to
verify
the authenticity of Content posted on the App. In exercising this right, Hum-aur-Tum® may ask you to
provide
any documentary or other form of evidence supporting the Content you post on the App. If you
fail
to produce such evidence to the satisfaction of Hum-aur-Tum®, Hum-aur-Tum® may, in its sole
discretion, terminate your Membership.
- The following is an indicative list of the kind of Content that is illegal or prohibited on the
App. Hum-aur-Tum® will remove the
offending communication/Content from the App and
terminate the Membership of such violators. Illegal and prohibitive Content
includes Content which:
- is blatantly offensive to the community, such as Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing
or
"spamming";
- promotes information that you know is false, misleading or promotes illegal activities
or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized 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, or providing pirated music or links to
pirated
music files;
- contains restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind; including posting of
offensive photographs
- provides material that exploits people under the age of 18 in a sexual or violent
manner, or
solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying
illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful
purposes
from other users; and
- You must use the Hum-aur-Tum® App in a manner
consistent with any and all applicable local, state, and federal laws, rules and regulations.
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Using Mobile App Posting user content on the App
- You understand and hereby agree that all conditions governing the website are
applicable to the mobile apps as well
- With regard to generation of user content and posting to a particular profile
using the available feature on the mobile app, it is incumbent upon you to conform
to usage of acceptable parlance within the norms of decency and you are forbidden
from posting offensive content. The recipient user may flag the content as inappropriate
and if found to be correct, you may lose membership of the site. In addition the
offended user may proceed against you as per extant laws governing indecency,
for which you
as the content generator are wholly responsible.
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All information, data, text, photographs, graphics,
communications, tags, or other Content whether publicly posted or privately
transmitted or otherwise
made available to Hum-aur-Tum® are the sole
responsibility of the person from whom such Content originated and shall be at
the member's/person's
sole risks and consequences. This means that you
(and not Hum-aur-Tum®) are solely responsible
for all Content that you upload, post, email, transmit or
otherwise make available via the App.
Hum-aur-Tum® does not control the
Content posted via the App and, as such, does not guarantee the accuracy,
integrity or quality
of such Content. We advise all User/s to independently verify the
content /information posted by the
other members before acting upon the same and under no circumstances will Hum-aur-Tum® 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 via the App.
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Users are strictly prohibited from Promoting sexually explicit
user-generated content, including implementing or
permitting paid features that principally encourage
the sharing of objectionable content.
User generated content (UGC) that leading to threats, harassment, or bullying,
posts, comments, or photos within an app that are primarily intended to harass or single out
another person for abuse, malicious attack, or ridicule
will be reported and
membership terminated.
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Disputes
You are solely responsible for your advertisement/communications with other Hum-aur-Tum® Members. Hum-aur-Tum® reserves the right, but has no
obligation, to monitor disputes between you and other Members. Hum-aur-Tum® also reserves the right to take
appropriate action against errant members. However, Hum-aur-Tum® is not obliged to share such
action
with other members, including complainants. Hum-aur-Tum® expressly disclaims any
responsibility or liability for any transactions or interactions between the members inter-se.
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Privacy
Use of the Hum-aur-Tum® App and/or the Hum-aur-Tum® membership is governed by our privacy policy and follow guidelines
to protect your privacy.
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Indemnity
You agree to indemnify and hold Hum-aur-Tum®, and other partners , fully
indemnified and 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 app 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 and/or any fraudulent act on
your
part.
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Other
- By becoming a Member of the Hum-aur-Tum® service, you agree to
receive certain specific email from Hum-aur-Tum® .
- This Agreement, accepted upon use of the App and further affirmed by becoming a Member of the
Hum-aur-Tum® service, contains
the entire
agreement between you and Hum-aur-Tum® regarding the use of
the
App and/or the App. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
By becoming a member of Hum-aur-Tum® and/or using the Services of the
App, you unconditionally and irrevocably confirm that you have read and understood the above provisions
and
agree to abide by them. If you are not agreeing to any of the above terms and conditions please refrain
yourself from registering on the App.
Hum-aur-Tum® is a trademark .
This Agreement is an electronic document in terms of the Information Technology Act, 2000 and Rules
there
under pertaining to electronic records as applicable and amended. This electronic record is generated by
a
computer system and does not require any physical or digital signatures.
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Liability Limitation
In no event will Hum-aur-Tum® be liable to you or any third
person
for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost
profits arising from your use of the App or the Hum-aur-Tum® App, even if Hum-aur-Tum® has been advised of the
possibility
of such damages. Notwithstanding anything to the contrary contained herein, Hum-aur-Tum®'s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be limited to NIL, this being a
non-profit venture providing free services
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Disclaimers
- Hum-aur-Tum® is not responsible for
any
incorrect or inaccurate Content/listing posted on the App or in connection with the Hum-aur-Tum® App, whether caused
by Users, Members or by any of the equipment or programming associated with or utilized in the
App, nor for the conduct of any User and/or Member of the Hum-aur-Tum® App whether online
or offline.
- Hum-aur-Tum® assumes 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 of,
User
and/or Member communications or any communications by Hum-aur-Tum® to its Members.
- Hum-aur-Tum® is not responsible for
any
problems or technical malfunction of any telephone network or lines, computer on-line-systems,
servers or providers, computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any web site or combination
thereof,
including injury or damage to Users and/or Members or to any other person's computer related to
or
resulting and/or in connection with the Hum-aur-Tum® App.
- Under no circumstances will Hum-aur-Tum® be responsible for any
loss
or damage resulting from anyone's use of the App and/or any Content posted on the
Hum-aur-Tum® App or transmitted
to
Hum-aur-Tum® Members.
- The exchange of matchmaking profile through or by "Hum-aur-Tum®" is not a matrimonial
offer
and/or recommendation from/by Hum-aur-Tum®. Hum-aur-Tum® 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 Hum-aur-Tum® service.
- The App is provided "AS-IS" and Hum-aur-Tum® expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Hum-aur-Tum® cannot guarantee and
does not promise any specific results from use of the App and/or the Hum-aur-Tum® App. You understand
that Hum-aur-Tum® makes no guarantees,
either express or implied, regarding compatibility with individuals you meet through the App.
- Hum-aur-Tum® expressly disclaims any
liability or responsibility whatsoever and howsoever arising as a result of any Content/listing
posted on the App / made available to Hum-aur-Tum® by any Members or
the
users of the App or any third party.
- Hum-aur-Tum® does not assume any
responsibility or liability for any illegal Content posted on the App by any Members, users or
any
third party.
- All liability, whether civil or criminal arising out of any Content that is
Posted on the App and Chat will be of that Member / user / third party who has Posted such
Content and Hum-aur-Tum® reserves its right
to
claim damages from such Member/ user / third party that it may suffer as a result of such
Content
Posted on the App. Hum-aur-Tum® does not claim
ownership
of Content you submit or make available for inclusion on the App.
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Jurisdiction
If there is any dispute about or involving the App , by using the App, you
unconditionally agree that all such disputes and/or differences will be governed by the laws of India
and
shall be subject to the exclusive jurisdiction of the Competent Courts in Delhi, India only.