PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY .
mehboobrishtey.com
(the “Site”) and the Licensed Mobile Application for Accessing the Site
(including all associated media and online or electronic documentation) (“the
Application”), are owned and operated by Mehboob Rishtey (“Company”). The Site
and Application are hereinafter collectively referred to as “Platform”.
The Company
makes available its services and products to you, through the Platform on the
condition that you abide by these Terms and Conditions, as updated from time to
time. If you do not accept the Terms and Conditions or you do not meet or
comply with their provisions, you should not use or access the Platform and/or
avail of the Company’s services or products via the Platform.
The Platform
is an intermediary as defined under sub-clause (w) of Section 2 of the
Information Technology Act, 2000. Visitors to the Platform are granted a
nonexclusive, limited license to use and access the content and services
offered in accordance with these Terms and Conditions (the
"License").
A Visitor to
the platform, whether or not he/she has made any payment for availing access
and/or services on the Platform, including the general browsers of the
Platform, whether registered or not, are hereinafter referred to as
“User/Users”.
BY THE
POSITIVE ACTS OF A USER ACCESSING THE PLATFORM, THE USER AGREES TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW (“Terms”). IF A USER DOES NOT AGREE
WITH ANY OF THESE TERMS AND CONDITIONS, HE/SHE SHOULD NOT ACCESS OR USE THE
PLATFORM.
1. The
Platform is owned and operated by Mehboob Rishtey (hereinafter referred to as
”Company”), which term shall, for the purposes hereof, be deemed to include its
subsidiaries, affiliates, partners, shareholders, directors, executives,
officers, employees, agents, attorneys, accountants and any person vested with
any responsibility for any task relating to the affairs of the company), with
its registered office currently located at Shop No.1, Apeksha Imperial Co op
HSG Soc, Parera, Opp. Maharaja Banquet Hall, Naigaon East, Palghar,
401208. Maharashtra
2. The
Platform is intended only to serve as a preliminary medium of contact and
information for Users who have a bona fide intention to enter into a
matrimonial alliance (“Purpose”). The Platform does not purport to be a
marriage or business bureau or a dating /contact website.
3. Company
presumes that every User who logs on to the Platform has a bona fide intention
to get married / enter into a matrimonial alliance and not otherwise. Company
under no circumstances shall be responsible for any loss or damage resulting
from anyone's use of the Platform or the services offered on the Platform and /
or any content posted on the Platform or transmitted to Users. The exchange of
matrimonial profile(s) through or by the Platform should not in any way be
construed as a matrimonial offer and/or recommendation from or by the Company.
Company 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 Company.
4. In order
to use the Platform, you may sign in using your Facebook/Google login. If
you do so, you authorize us to access and use certain Facebook/Google account
information that you choose to display publicly. For more information regarding
the information, we collect from Users and how we use it, Users are advised to
visit our Privacy Policy.
Company
collects information / data including, without limitation, e-mail id, address,
first name, last name, telephone/mobile number, date of birth, age, gender,
ethnic/cultural background, appearance, religion, occupation, preferences, life
style information, general geographical location (“User Data”) from Users in
order to enable them to create their profiles on the Platform. Apart from this,
certain other health related information, including physical and mental
disabilities are also collected. The User Data so collected is entered in a
program especially devised for matching profiles and to provide matches for
Users based on their pre-selected partner preferences criteria. User Data is
displayed only after taking prior consent of Users. Company does not collect
financial information of Users such as credit card/debit card numbers/bank
accounts numbers etc. Company shall not be able to provide access to the
Platform and/or create profiles of Users if the requisite User Data is not
provided by the Users. User hereby consents to usage of his/her User Data to be
displayed to other Users on the Platform.
Users hereby
give us permission to use the information about their activities and actions
that they have taken on the Platform in connection with ads, offers and other
sponsored content that the Company displays on the Platform, without charging
any fees to the Users. The Company uses data and information about Users to
make relevant suggestions and recommendation to its Users.
5. The User
Data is uploaded by the Users themselves or through any of the Mehboob Rishtey
offline centers displayed on the Platform. Company may, at its sole discretion,
include all or any portion of the listing intimated by a User for display on
the Platform in any other media including the matrimonial sections of other
platforms including but not limited to print media, community associations,
websites, television shows, DTH/IPTV Services, mobile wap sites etc. at no
extra costs to the Users and Company shall not be held liable for
usage/publicity of such information / data.
6. Users
undertake not to duplicate, download publish, modify and distribute material on
the Platform unless specifically authorized by the Company in writing. Users
undertake not to establish any deep link or other connection to any specific
page of the Platform without obtaining prior written consent of the Company.
7. Users
undertake to use the Platform for their personal purposes. Using content from
the Platform for creating derivative works with a commercial motive without
prior written consent from the Company is strictly prohibited.
8.The Company
takes measures including technological means on the Platform to exclude robots,
scripts, programs etc. from crawling or scraping content on the Platform. Users
undertake not to circumvent these methods.
9. Any
advice, counseling, recommendations or information provided on the Platform
including information of Users may not be necessarily correct, true or
reliable, and that any reliance placed thereon and any action taken on the
basis thereof shall be entirely / solely at the risk of the concerned User.
Users hereby agree that access to the content available on the Platform is
provided by Company to Users on an ‘AS-IS’ and ‘AS-AVAILABLE’ basis. Users
wishing to use the information so provided are advised to conduct their own due
diligence, in respect of the content on the Platform, at their own initiative,
cost and effort. Company does not advise / recommend a User to establish any
contact / interaction with other Users or any based on the data / information
as furnished in such User’s profile / photograph etc. and the User opting to
build contact or interact shall do it solely at his / her own risk. Company
cannot be held responsible or liable, in any manner whatsoever, in respect of
any reliance placed on any information displayed / placed on the Platform,
since the same purports merely to act as indicators of the general scenario in
the related behalf.
10. Company
does not authenticate, vet, screen, endorse or investigate any information or
assertion comprised in the matrimonial listings, or any other content on the
Platform, nor does it in any manner whatsoever certify or attest the same to be
correct or true. It does not endorse matches and profiles in any manner, but an
implied presumption is cast on the Users that the information(s) furnished are
exclusively / solely to carve out / frame a suitable profile for the purpose of
matrimonial alliance based on the partner preferences criteria set by the
Users. All due diligence, effort and initiatives must be exercised by those
wishing to use any information found on the Platform, and should take adequate
precautions with the full and complete knowledge that all information contained
in the matrimonial listings have been placed there directly by Users of the
Platform without any prior intimation, consent or verification of or by
Company.
Users of the
Platform are prohibited from uploading, posting, transmitting, updating or sharing
any information that:
a) belongs to
another person and to which the user does not have any right to;
b) is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner whatever; harm minors in any
way;
c) infringes
any patent, trademark, copyright or other proprietary rights;
d) violates
any law for the time being in force;
e) deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature; impersonate
another person;
f) contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of the Platform ; threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any cognisable offence or prevents investigation of any offence or is insulting
any other nation.
Company may,
without notice in its sole discretion, and at any time, terminate or restrict a
User’s usage or access to the Platform (or any part thereof) and/or take down
any content uploaded by a User for any reason, including, without limitation,
that Company based on its judgement and perception believes the a User has
violated or acted inconsistently with the letter or spirit of these Terms.
11. Company
is an online service provider for Users to create their own/unique profiles
envisaging certain personal (optional) information(s) and User Data are to be
displayed on the Platform, which information is used by Users for the Purpose.
Company does not share User Data with other Users or third parties with the
prior consent of the User. Although Company shall take all reasonable
precautions, Company shall not be responsible in case such User Data so
displayed on the Platform being unauthorisedly copied / printed / published /
forged / superimposed / manipulated etc. or misused by any User. Users shall
indemnify Company from all kind of losses / damages which Company may suffer
from any activities carried out by them through improper use of the
Platform/service provided by Company.
12. By
listing a matrimonial profile, or a business or personal listing or a link, or
any content or listing, on the Platform, the concerned User making or posting
such listing, and the person or persons responsible for such posting or
listing, shall be deemed to have agreed to hold Company harmless and protected
against any suit or complaint, 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 Company on account of any
matter arising out of, or relating to, such posting / listing or response
received from such posting/listing.
13. Whilst
using the Platform an obligation is cast upon Users to only provide true and
correct information and in the case of creating a profile Users undertake at
all times to keep the information up to date. Company does not represent or
endorse the accuracy or reliability of any member / visitor profile, advice,
opinion, statement or other information displayed / uploaded through the
service by Company. Company or any of its owners, staff or agents are not
responsible under any circumstances for any action/display whether direct or
indirect, which occurs as a result of online display of information in the
nature of illicit material / material that may be offensive to visitors /
members or is patently offensive to the on-line community or any material which
may promote racism, bigotry, hatred or physical/mental harm of any kind to any
group or individual or transmit any chain letters or junk mail or unsolicited
mass mailing or spamming or obscene material to other users / members. Company
does not monitor the conduct of Users and therefore Company does not take the
responsibility of any conduct by Users who may avail / obtain / use / exploit
the online service provided by Company in order to harass, abuse or harm
another Users or use the said online service to promote / advertise / solicit
anything without their prior consent or an act in any manner which may threaten
the safety of other Users.
14. Company
reserves the right to remove / delete any content / message / photo(s) /
profile or cancel the registration / membership of a User either upon a
complaint received from another User or upon discovery of the same on its own
or based on its sole judgment and perception and it shall without notice stop
providing the service entitled to a User and forfeit all other incidental
service(s) with immediate effect along with the fee/tenure of registration as
well as take appropriate legal action against such User. By listing a profile
on the Platform, it is deemed that the said User has an intention to get
married and in case it appears to Company that at the time of listing the
profile or subsequently such User had no intention to enter into a matrimonial
alliance or has changed his/her intention, then Company shall reserve the right
to remove / delete such profile from the Platform and initiate prosecution
under the law or take such steps as may be advised from time to time. By using
the Platform, it is deemed that the User agrees not to post any content or
views that may be considered threatening, abusive, vulgar, obscene or otherwise
objectionable or act illegally or otherwise harass another user; put wrong or
misleading information in any of the details of his/her own profile;
impersonate another or use the site for any commercial purposes; or interfere
with or disrupt the operation of this site, or disobey any reasonable
requirements, procedures or policies imposed by Company from time to time.
15. Nothing
comprised in the contents of the Platform is intended or meant to induce or
persuade or convince or invite any person whatsoever to perform any action or
do any such thing, or not to perform or do, 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
governed.
16. Company
shall not be held responsible for any interactions/ passing of information(s)
etc. between any User via e-mail, chat or any other medium with another User
and Company has no obligation, to monitor any such disputes arising between the
Users and Company shall not be party to such dispute/litigation etc.
17. Company
reserves the absolute right to modify or amend or delete, in any manner as it
deems fit, any content of any matrimonial listing placed on the Platform in order
to ensure compliance with the rules of such placement (which may include,
without limitation, the efforts and initiatives by Company to maximize response
to matrimonial listings), prima facie accuracy and the prevailing laws in force
for the time being, especially those relating to prohibition of any indecent,
unlawful or obscene content. Company reserves the absolute right to delete any
profile if it finds that the same person has created multiple profiles on the
Platform. Even if different profiles have been created with the same contact
details, Company will reserve the absolute right to delete all such profiles.
If any member refuses to give consent to a physical address verification that
Company has requested then Company will have the absolute right to either put a
"Not Verified" stamp on the profile or to delete the profile.
18. Websites
to which links are given on the Platform and the contents thereof are the sole
responsibility of the promoters of such websites and Company does not, in any
manner whatsoever, recommend, authenticate, endorse, verify or certify these
websites or any contents or links there. Company does not take any
responsibility for the privacy practice adopted by such other websites and
therefore Company recommends Users to read the privacy statement of each and
every website that they visits. Company also does not take any responsibility
or endorse the authenticity of the other online services displayed on the
Platform which may offer various services like a lucky draw, win a free trip,
win free tickets, astrology, palmistry, numerology etc. User of the Platform
shall at its sole risk and responsibility click and surf on to such other
website(s) / links which is/are being displayed on the Platform. Users shall
always bear in mind that at a single stroke/click of the mouse on such
links/website, it gets connected through the Transmission Control Protocol
(TCP) / Internet Protocol (IP) network of the said Users and not through the IP
of the Platform. Company also does not suggest/encourage Users to furnish
personal information and specially the Profile ID / User Name of the User on
the Platform to such or any other website(s).
19. Company
reserves the right to tie up with partners in future to come up with various
other online services. However, Company shall never share the information /
data collected from Users with such other partners without taking prior consent
/ permission from such Users. Company in such circumstances suggests that Users
peruse the privacy policy of such partners before giving their consent or
before furnishing personal identifiable information with such other website(s).
Company is not privy to the privacy practice adopted by its partners and does
not take the responsibility in respect of the privacy policy adopted / to be
adopted by such partners. Company also reserves the right to use / share the
information / data collected from Users with its partners if a User has already
made public the information / data to Users of the Platform.
20. Company
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 the Platform. 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 the Platform, shall lie or be deemed to be sustainable against
Company.
21. Company
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 communications.
Company is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of e-mail or players on account of
technical problems or traffic congestion on the internet or at any website or
combination thereof, including injury or damage to Users or to any other
person's computer related to or resulting from participating or downloading
materials /information from the Platform.
22. Users who
visit the Platform are classified by Company as Users with incomplete or
complete profiles. Both these types could further be free members or paid
members. Company reserves the absolute right to modify, amend, change, curtail
or expand any privileges, rights, benefits, liabilities or responsibilities of
all types of paid Users or free Users as it deems fit and these will be
instantly applicable to all past, present and future Users. Company allows free
Users certain benefits /privileges like initiating free contact via "Express
Interest" functionality, like viewing contact details of paid Users under
certain conditions etc. The quantum of these benefits and even the benefits in
totality will be at the sole discretion of Company. Company will determine at
its own discretion how many benefits it offers to every free User. Company will
simultaneously offer different levels of benefits to different free Users
Benefit restriction to free Users will be done via multiple means including
restricting access, spam filters, quotas etc.
23. Payments
for the services offered on the Platform shall be on a 100% advance basis. The
payment for service once subscribed to by the User is not refundable and any
amount paid shall stand appropriated. Refund if any will be at the sole
discretion of the Company and it offers no guarantees whatsoever for the
accuracy or timeliness of the refunds reaching the User’s card/bank
accounts. Company gives no guarantees of server uptime or applications
working properly. All is on a best effort basis and Company’s liability for
losses, damages and claims hereunder is limited to refund of amount only.
Company undertakes no liability for free services. Company reserves its right
to amend / alter or change all or any disclaimers or these Terms at any time
without any prior notice. All terms / disclaimers whether specifically
mentioned or not shall be deemed to be included if any reference is made to
them. The continued usage of the Platform by a User shall constitute deemed
acceptance by the User of the amended Terms.
24. The User
is solely and exclusively responsible for maintaining confidentiality of the
User password and User identification and all activities and transmission
performed by the User through his/her user identification and 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 and Company 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 / offline. Company uses reasonable
care as is necessary to ensure that all or any data / information does not fall
in the wrong hands. The weak link in credit card transaction is securely
storing the data once received; therefore Company does not store or keep credit
card/debit card/bank account. For the purposes of ensuring the maximum security
for the financial information of a user (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 the Platform.
25. Company
does not warrant that the Platform will be uninterrupted or error-free. Company
provides the service on an "as is" basis. However, Company will take
all reasonable steps to provide its users with error free, uninterrupted user
experience. There may be delays, omissions, and interruptions in the
availability of the Platform. Users acknowledge that use of the Platform is
solely at their cost and risk. Company is not responsible for suspension of the
services on the Platform, irrespective of the reason for such interruption /
suspension. Company may discontinue or change the services on the Platform or its
availability at any time, and the User is also free to stop availing the
services on the Platform at any time.
26. The
Company uses third party payment gateways on the Platform and failures in these
gateways would be communicated to the users as it is. Extra currency/conversion
charges/deductions/error issues from payment gateway shall not be the
responsibility of the Company.
27. Company
has complete rights in the Platform and the services provided thereunder. The
Platform contains to the extent protected by applicable laws, copyrighted
material, trademarks, and other proprietary information of its owners and its
licensors. Except for that information which is in the public domain or for any
other information/display for which permission have not been obtained from
Company, Company reserves the right to proceed/initiate appropriate steps under
the prevailing law against infringement of the said proprietary rights for
illegal copying, modifying, publishing, transmitting, distributing, performing,
displaying, or selling of any such proprietary information.
28. Company
reserves the right to verify the authenticity of Content posted on the site.
Company if circumstances warrant may call for / ask any of its Users to provide
documentary or other form of evidence supporting the information / User Data
posted on the Platform and the User, without any protest shall produce such
documentary / other evidence in support of such information and if the User
fails to produce such information within a reasonable or stipulated time frame,
Company may, in its sole discretion, terminate the profile/access to the
Platform and forfeit the advance without a refund and take appropriate steps
under the provisions of law. Company also reserves the right to investigate and
take appropriate legal action without limitation at its sole discretion against
any User who violates / misuses the online services and terminating the
profile/access to the Platform of such violators without prior intimation who
utilise the Platform in any manner which brings into disrepute or impairs the
interests and functioning of Platform or the Company.
29. Company
does not take the responsibility of any information posted by its Users on the
Platform, any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights and in case Company receives/discovers any such infringement, the said
User may be called for / asked to furnish / provide evidence / relevant
information in support of such display like an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest or a description of the copyrighted work that may have been infringed
or information or a written statement that the User under bona-fide faith
belief that the disputed information does not lead to any authorized use or
infringement of copyright etc, under the law or a statement that the User is
liable to penalty of perjury in case any of the information/statement furnished
is proved otherwise or a declaration that the information displayed/posted is
accurate and the User is itself the copyright owner or authorized to act on the
copyright owner's behalf.
30. Company
has no obligation to monitor the activities of its Users. However, Company has
the right to monitor the Platform electronically from time to time and to
disclose any information as necessary to satisfy any law, regulation or other
governmental request, to operate the Platform properly, or to protect itself or
its Users. Company also reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or violative of provision of law.
31. The usage
of this Platform and any disputes/issues arising out of it shall be subject to
the applicable laws in force for the time being in the NCT of Pune irrespective
of conflicting provisions of law and to the exclusive jurisdiction of courts
located in Pune.
32. In case
Company receives any incriminating evidence/complaint against any User from
other Users of the Platform or if Company, through data available to it from
its servers, suspects misbehaviour on any User’s part, it reserves the right to
impose restrictions on the User’s account which include but may not be confined
to preventing the User under question from making multiple contacts and
restricting the user to only contact members whose desired partner profile the
User satisfies.
33. All
services which are defined by time period indicated in months shall imply 1
month to be equal to 30 days and for any longer durations service the total
duration in days will be the number of months multiplied by 30.
34. Company
guidelines prohibit members to give their name and/or contact details in any
form - Email, Phone nos., Messenger Ids, Postal address etc in any fields other
than the specific ones where the same information is asked. If any member who
puts the above information in any field other than the one meant for that
purpose then the Company screening team will remove the same.
35. Users of
the Platform are consenting for receiving
a) Membership
Emails: Emails conveying the benefits of paid membership to Users. These are
sent to the Email address mentioned by the Users in their profile.
b) Important
Notifications from the Platform – Messages/notifications are sent to Users to
inform them of various alerts related to usage of the Platform. . These will be
communicated to the Users by Email/app notifications etc. or on their Landline/Mobile
from a non-140 number via SMS/MMS/VMS/USSD/IVR/Calls etc.
c) Membership
SMSes/Calls: SMSes or phone calls shall be sent conveying the benefits of paid
membership to Users. Users will receive these calls or SMS on any of the phone
numbers mentioned by Users on their profile, if they have subscribed to calls/
SMS in their alert manager settings.
37.
Promotional Mails - . Promotional emails are sent to members on their Email
ids, if they have subscribed to promotional emails in their alert manager settings.
38. If a
member does not wish to receive communication from the Company then he needs to
go to the "Settings" section in his profile and choose/disable for
the modes (Emails / SMS / Calls / USSD / Messenger messages / IVR) and types of
communication which User either wants to or does not want to receive. Types of
communication are the specific messages based on profile attribute or Platform
interactions between members. Platform may also provide for different message
types and modes, other alternative ways to unsubscribe".
39. Users who
sign up for Mehboob Rishtey Exclusive services allow the Company to find
suitable candidate/prospects on their behalf as per their instructions via
Telephone, SMS, profile action on Mehboob Rishtey Platform, face to face
interaction or any other means/modes of communication.
40. Creation
of duplicate profile on Mehboob Rishtey is prohibited. In case the user has
forgotten his password he can use the password retrieval option. Forgetting
password, User ID, reaching contact limits or any other reason for creating a
2nd profile on Mehboob Rishtey is not allowed. Mehboob Rishtey reserves the
right to delete/block this profile or restrict access of this profile to use
the Platform. Mehboob Rishtey at its own discretion can decide to delete/block/restrict
access of 2nd profile or the original profile or both profiles in all cases
where duplicate profiles have been found.
41. Your
"Name" will be visible to other members who are Mehboob Rishtey Paid
subscribers either if they "View Your Contact Details" or if you have
sent them an Acceptance. Information filled by a member is visible on the
profile page. This page is indexed by Google/Ask/Bing/Yahoo and other search
engines. If a search engine user types a query then your profile page may be
visible in Google/Bing/Yahoo etc. search results. All details which you have
put will be visible unless the same has been explicitly hidden by you using
appropriate Platform profile privacy settings.
42. Use of
certain features on the Platform is governed by rules. For example if your
phone number is not verified then you cannot contact other members via
"Express Interest" or even if the same is happening then that
privilege can be blocked by Company at any time without giving any notice. Similarly,
If your phone number is not verified then even as a person who has availed a
"Paid Service" you will still not be able to view phone/email/contact
details of other members via any option on the Platform. For verifying your
phone number, there are verification prompts across the Platform which guide
you on how to verify your phone. If the same is not clear then it is the
member's responsibility to call customer care of Platform from the number which
he/she wishes to verify.
43. At times
when a member tries to access the phone/email of another member, he can get a
message which asks him to "View Phone/Email tomorrow - Contact limits
reached of recipient" or any message which means the same. In these cases,
the member just needs to visit the same profile again the next days and use his
quota of "View Contacts".
44. Paid
members can see Phone/Email of other members subject to the total limits on
"Direct Contacts" as specified on the membership page for the pack
they have purchased. When the Users view contact details of any other member,
they would be able to see one or more of the following details: Email, Mobile
Number and Landline number. This is deemed as a Contact View and a count is
deducted from the User’s "Direct Contacts" quota. However, there is
no such limit on the views of contact details of accepted members. The User
will also be restricted from viewing a person’s contact details on a specific
day if it has been already viewed ten (10) times in a day by other members.
Ability to see contact details of another member is subject to the condition
that the Users pass the filter criteria of the other members and that such
member have not declined The User’s profile or deleted/hidden their own
profile. The Platform does not guarantee that the User will be able to speak/correspond
with the profile on the provided Mobile, Landline or Email ID. Basic plan
members will not be able to view “Direct contacts” or contacts of accepted
members.
45. 'Featured
Profile' subscribers will be considered to be shown at the top of search results
only if they regularly login to their account. If 'Featured Profile'
subscribers don't access the Platform for more than 15 days, they will be
removed from the pool of users considered for being shown at the top of Search
Page.
46. Sending
of Response Booster interests on behalf of Response Booster subscribers is
subject to them regularly accessing their accounts. If an account is not
accessed for more than 15 days, Response Booster interests will be stopped
until the subscriber accesses his/her account.
47. Any
profile deleted by the profile user cannot be retrieved under any
circumstances.
49. Unless
otherwise specified and notwithstanding anything contained in any other
agreement or arrangement, by whatever name called, the performance obligation
of Company (service provider) is to provide access of its on-line portal to the
customer for the duration of the subscription period & reference to any
usage, by whatever name called or any other performance obligation, if any, is
to provide the upper limit for consumption, which by itself, does not create
any additional performance obligation upon Company.
Restriction /
Prohibitions
The following
actions will inter alia constitute a misuse of the Platform and are strictly
prohibited:
(i) Copying,
extracting, downloading, sharing, modifying, selling, storing, distributing,
making derivate works from or otherwise exploiting any content, data,
information, including profiles, curriculum vitae, photographs and/or graphics,
available on the Platform and/or any services or products of the Company, in
any manner or for any purpose which is not, consistent with the Purpose and/or
in accordance with the Terms of Use.
Users are
expressly prohibited from using or exploiting the Platform and/or any content
or data provided therein for:
(a) any
commercial purposes such as creating alternate databases, extending access to
the Platform to third parties without prior written consent of the Company;
and/or
(b)
undertaking any business activity which is in competition with the business of
the Company; and/or
(c) for
seeking fees in any name whatsoever; and/or
(d)
approaching candidates/jobseekers for any purposes other than for specific
existing vacancies; and/or
(e) Sharing
access with persons who are not contracted with the Company.
(f) Reselling
the products/services offered by the Company.
(ii) (Using
or attempting to use any automated program, software or system or any similar
or equivalent process (including spiders, robots, crawlers etc.) to access,
navigate, search, copy, monitor, download, scrape, crawl or otherwise extract
in any manner, any data or content including but not limited to adding or
downloading profiles, contact details, or send or redirect messages from the
Platform;
(iii) Gaining
or attempting to gain unauthorized access (inter alia by hacking, password
“mining” or any other means) to:
(a) any
portion or feature of the Platform or any of the services or products offered
on or through the Platform which are not intended for you;
(b) any
server, website, program or computer systems of the Company or any other third
parties and/or Users;
(iv)
Modifying the services provided through the Platform or their appearance using
any technology or overlay any additional offering on top of such services or
simulate the Platform’s services or its functions in any manner whatsoever
without explicit consent obtained in writing by approaching us at info@mehboobrishtey.com
(v) Accessing
the Platform through interfaces other than those expressly provided by Company;
(vi) Attempting
to breach or breaching any security or authentication measures set up by the
Company in relation to the Platform and/or attempting to probe, scan or test
the vulnerability of the Company’s system or network;
(vii)
Scraping, downloading (including bulk- downloading), replicating or otherwise
extracting any information or data from the Platform (by any process, whether
automatic or manual) to offer any products or services which are similar to or
may in any manner compete with the products or services of the Company;
(viii)
Reverse engineering, decompiling, disassembling, deciphering or otherwise
attempting to do any of the aforesaid or deriving the source code for the Site
or Application or any related technology or any part thereof;
(ix)
Circumventing or attempting to circumvent any technological protections used or
employed by the Company or by any third party in order to protect the content
on the Platform and/or to exclude robots, spiders etc. from crawling and /or
scraping content from the Platform.
(x) Bypassing
or Circumventing or trying to circumvent any service limits including but not
limited to Search limits, Captcha limits and occurrences on different triggers
(xi)
Interfering with or disrupting or attempting to interfere with or disrupt
(including by using any device, software or routine), the use of the Platform
or any computer networks connected to the Platform, by any other User;
(xii)
Developing, using or attempting to use any automated program, scripts, robots,
third party software or system or any similar or equivalent process (including
spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on
third party sites, mirroring, HTML parsers etc.) to access, navigate, search,
copy, monitor, download, scrape, crawl or otherwise extract or modify in
any manner, any data or content from the Platform without explicit consent
obtained in writing by approaching us at info@mehboobrishtey.com;
(xiii)
Impersonating any other person or entity, or making any misrepresentation as to
your employment by or affiliation with any person or entity;
(xiv) Forging
headers or in any manner manipulating identifiers in order to disguise the
origin of any user information;
(xv)
Stalking, threatening, or in any manner harassing any other User;
(xvi)
Imposing an unreasonable or disproportionately large load on the Platform
infrastructure;
(xvii)
Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or
function of the Platform (or any part thereof) and providing deep links into
this Platform (or any part thereof) without prior permission of Company;
(xviii)
Spamming the Platform/Company or any other Users including by uploading,
posting, emailing, SMS, transmitting or otherwise making available either
directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial
e-mail.
(xix) Using
the Platform or the contact details of Users for transmitting marketing and
promotional mailers/ Offensive messages/ messages or communications using any
media that are unrelated to recruitment or sending unsolicited commercial
communications with misleading subject lines in order to intentionally
obfuscate the original message.
(xx) Hosting,
modifying, uploading, posting, transmitting, publishing, or distributing any
material or information that:
a. Violates
any applicable local, provincial, state, national or international law,
statute, ordinance, rule or regulation for the time being in force;
b. Belongs to
another person and to which you have no right;
c. Infringes,
breaches or otherwise contravenes the rights of the Company or any third party,
including any copyright, trademark, patent, rights of privacy or publicity or
any other proprietary rights;
d. Contains
computer viruses, or other computer code, files or programs designed to
disrupt, destroy or interfere with or limit the functioning of the Platform, or
any other computer system or resource;
e. Is grossly
harmful, harassing, invasive of another's privacy, hateful, disparaging,
relating to or encouraging money laundering or gambling in any manner, any
content which is or may potentially be perceived as being harmful, threatening,
abusive, harassing, defamatory, libellous, blasphemous, vulgar, pornographic,
paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any
manner whatsoever;
f. Which
constitutes or encourages conduct that would constitute a criminal offence,
give rise to other liability, or otherwise violate applicable law;
g. That
deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
h. That harms
minors in any way;
i. That
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognisable offence or prevents investigation of any
offence or is insulting to any other nation.