General Terms
of Use of the vivahsamaroh.com Website
This
is legal document of vivahsamaroh is an
electronic record in the form of an electronic contract formed under the
Information Technology Act, 2000 and rules thereunder and the amended
provisions recitation to electronic documents / records in different statues as
amended by the Information Technology Act, 2000. The terms mentioned in legal
policy of vivahsamaroh do not require any physical, electronic, or digital
signature.
Vivahsamaroh is a Haryana based firm (hereinafter “vivahsamaroh.com ")
makes the Website vivahsamaroh.com (hereinafter
the "Website") available to Internet users.
The ones who use and access the Website will be automatically considered
as Users. Therefore, both physical persons who use the Website as end user who
use it as part of their professional activities in relation to the services vivahsamaroh.com
offers to the professionals of the weddings sector
Access to and use of the Website imply full and unreserved acceptance by
Users of the content of the "General Terms of Use", the
"Personal Data Protection Policy" as well as, if necessary, the
"Particular Conditions" that may complement or modify them in any way
in relation to the services and contents of the Website. The User may access,
print, download and save the General Terms of Use of firm at any time. These conditions will be
permanently accessible on the Website through the link "Legal Policy ".
vivahsamaroh.com reserves the right to modify the
content of Legal Policy without any prior notice, therefore recommends that Users and
vendors thoroughly read the content of
the legal policy of website before accessing
and using any services of the Website.
Moreover, vivahsamaroh.com reserves the right to modify, without
any prior notice, the design, presentation and/or configuration of this
Website, as well as any of its services, features and being able to remove or add them at their
judgment.
In any case, vivahsamaroh.com reserves the right, at any time and without any prior notice, to deny access to the Website to users who violate any of these General Terms of Use or any applicable Particular Conditions, or who, according to the unilateral criterion of vivahsamaroh.com.
The present General Terms of Use govern the access and use of the
Website, which aims to be a reference point for those couples in the process of
planning their wedding from the vendors registered on vivah samaroh .
Vivahsamaroh.com will only provide other users with
the data and/or information provided by the User when this data and/or
information does not violate legal regulations or the present General Terms of
Use.
The User and vendors acknowledges that it is not technically possible to
achieve 100% Website availability. However, vivahsamaroh.com will help
to maintain the Website available as constant as possible. In particular for
maintenance, security or capacity reasons, as well as a consequence of events
over which vivahsamaroh.com has no control, (for example, failures in
public communication networks, power failures, etc.), may cause brief anomalies
or temporary suspension of the Services of the Website.
1.3. Obligations of the Website Users
The User agrees to make proper use of the Website and the services accessible
through it, in full compliance with the Law, good manners and these General
Terms of Use, and, if necessary, with any applicable particular conditions and
with due respect to other users. In accordance with the terms of paragraph
three, section 2.2, above, vivahsamaroh.com
reserves the right to remove any content without any notice to any end user ,
in its discretion, does not meet the minimum quality requirements.
Users who access the Website as professionals of the sector and who use
the website to offer their professional services explicitly undertakes to
comply strictly with all and any regulations directly or indirectly affecting
its activity and the professional development thereof, explicitly exempting vivahsamaroh.com
of any possible liability arising from the Client's failure to perform any of
its obligations. In this regard, vivahsamaroh.com may carry out the
necessary investigations and request the documentation it deems appropriate to
verify compliance with these obligations. Vivahsamaroh.com reserves the
right to deny access to the Website to those users who do not provide the
requested documentation or who deliberately hide any information.
The use of the password is personal and non-transferable to any end user
, the transfer, even temporary, to third parties is not allowed. In this
regard, the User and vendors must take the necessary measures for the custody
of the password preventing third parties from using it. The User and vendor is
solely responsible for the use of their password and vivahsamaroh.com is
fully indemnified. In the event that the User knows or suspects that their
password has been used by third parties, they must bring this to the attention vivahsamaroh.com
as soon as possible.
Any information provided by the User and Vendor, via any of the
available methods, in order to receive the services provided by vivahsamaroh.com
must be truthful and accurate. For this purpose, the User guarantees the
truthfulness of the data they have provided by completing forms or answering
requests made by vivahsamaroh.com.
The User agrees to respect the applicable laws and the rights of third
parties when using the contents and services of the Website. Moreover, the
reproduction, distribution, transmission, adaptation or modification, by any
means and in any form, of the contents of the Website, (texts, designs,
graphics, information, databases, sound files and/or images, logos, etc.), and
other elements of this Website, is expressly forbidden without prior
authorization by its legitimate owners .
The User are prohibited from performing, by way of example but not
limitation, the following actions:
·
Use mechanisms, software or scripts in relation to the use of the
Website.
·
Block, overwrite, modify or copy, unless necessary for the proper use of
the services of the Website. For example, copying using search engine
technologies such as "Robot/Crawler" is not necessary for the proper
use of the Website services and is therefore expressly forbidden.
·
Spread and publicly reproduce contents of the Website or of other users,
without prior authorization.
·
Any action aimed at jeopardizing the functionality of the vivahsamaroh.com
infrastructure, especially overloading it.
·
Use any of the materials and information contained in this Website for
illegal purposes and/or purposes expressly prohibited by these General Terms of
Use as well as by any applicable particular conditions and/or purposes contrary
to the rights and interests of vivahsamaroh.com, its members and/or
third parties. The User must answer to the injured parties if by contravening
or breaching said obligations in any way (including by introducing or spreading
"computer viruses") damages, disables, overloads, impairs or impedes
the normal use of the materials and information contained in the Website, the
information systems or documents, files and any other content stored on any
computer (hacking) of vivahsamaroh.com, its members or any user.
·
Insert comments or Contents outside the object and purpose of the
Website.
·
Insertion of contact information in fields other than those that
exclusively request such information. The Website reserves the right to edit
any content that contravenes this obligation.
The user is aware and voluntarily accepts that the use of the Website
and the services provided through it occurs in all cases under his sole
responsibility.
Users are liable for damages of any kind that vivahsamaroh.com or
any third party may suffer as a result of the breach of any of the obligations
to set forth herein or by the law in relation to using the Service.
Vivahsamaroh.com shall not mediate in conflicts between users , vendors and third parties that may interfere with the proper provision of its services and reserves the right to remove them from the Web Site or to cancel any existing contract, where applicable, until any dispute or disagreement has been completely resolved.
1.4. Obligations related to the
insertion of content into the Website
By including information, text, audio, video and/or images /visuals on
the Web Site (hereinafter the "Content"), the User declares to be the
legitimate holder of the intellectual property rights of Content for the
reproduction, distribution and public communication thereof by any means or
through any form of support, extending internationally for everyone and with
complete legal validity with the intention of protect such rights.
Vivahsamaroh.com does not allow the inclusion of
content that, in its opinion, reduces the quality of service. It is prohibited
to include contents that:
·
Are allegedly unlawful under national, allegedly conducting illegal
activities or contradict the principles of good faith.
·
Do not meet the minimum quality standards established in vivahsamaroh.com
for the presence on the Website.
·
The principles of legality, honour,
responsibility, protection of human dignity, protection of minors, protection
of public order, and intellectual property rights.
vivahsamaroh.com reserves the right to remove any
Website content it deems inappropriate for the character and purpose of the
website and users without any prior notice. It also reserves the right to
modify and / or adapt content, if necessary without any prior notice, without
thus affecting the integrity of the contribution, in order to adapt it to the
formal requirements and the quality of the Website or the media on which such
content may appear, according to the provisions of the General Terms.
Although vivahsamaroh.com uses media to try to ensure that the
contents do not violate the foregoing prohibitions, and that they meet the
quality parameters of vivahsamaroh.com and the rules contained herein,
it is not able to control each and every one of the published contents and is
therefore unable to assume responsibility for them.
If a user notices any inappropriate content on the website, they may contact vivahsamaroh.com through our Customer Care service help@vivahsamaroh.com
With regard to contents involving minors, vivahsamaroh.com expresses
its willingness to promote the proper use of Internet. It also declares its
desire to avoid the practice, the dissemination of messages or images of
illegal nature or such that may or cause harm to human dignity, the safety or
the values of protection of children and youth.
The website acknowledges respects and protects the rights of minors in
the context of protection of youth and children both nationally and
internationally.
In this regard, any user who includes on the Web Site Content able to
infringe the rights set forth in the preceding paragraph shall be immediately
removed and their behaviour reported to the relevant government agencies.
For this purpose, the users are reminded that pursuant to the
regulations in force, anyone who uses a minor for the purposes of or in
exhibitionist or pornographic performances is punishable by imprisonment of one
to three years.
Notwithstanding the foregoing, the inclusion on the Website of personal
data of minors and, in particular, their image, implies the explicit and
unreserved statement of the User who made the insertion that:
·
They own the rights to use the image or data of the minor.
·
Insertion of the said data does not harm the minor in any way nor
violates any of their rights.
·
Vivahsamaroh.com is expressly exempted from any possible claim arising out of this,
assuming the user who inserted the information full liability with regard to
such claim.
Any Content provided by users will become part of the composite work that is the Web site as an object of intellectual property rights, whose sole shareholder is vivahsamaroh.com. In this regard, the User who contributes any Content expressly states that they give freely and free of charge a license to the Content provided to vivahsamaroh.com any intellectual property rights on it and in particular the rights of transformation and public communication for everybody and during the legal period of protection thereof.
1.5. Responsibility and distribution of content, data and / or user information
Vivahsamaroh.com can use and spread the content that users have contributed to the
Website and, in particular, will be able to broadcast them in any of the
websites or social networks in which vivahsamaroh.com is present.
For
this reason, vivahsamaroh.com may modify or adapt the content if
necessary, in order to respect the graphic design of the Website or other media
of communication used on the vivahsamaroh.com platform without such
modification or adaptation be respectful of the integrity of the provided
content.
Made
by Users of the services provided by it and therefore cannot guarantee that
users use them in accordance with the provisions in these Terms, or use them
diligently or prudently.
Notwithstanding
the foregoing, vivahsamaroh.com reserves the power to restrict, totally
or partially, the access of certain users, and to cancel, suspend, block, edit,
or delete certain type of content, or cancel the accounts of users who misuse
the Website or if vivahsamaroh.com acquires actual knowledge that the
activity or stored information is unlawful or harms property or rights of
another, using suitable technological tools for this purpose,. In this regard, vivahsamaroh.com
may set up the necessary filters to prevent that illegal or harmful content or
content used for purposes contrary to the purposes of the website spills into
the network through the service.
Users may submit suggestions or proposals for the improvement of various information, activities and / or content and / or services enabled on the Web site, contact the Wedding. Any new feature developed on the basis of a suggestion from a User shall be fully owned by vivahsamaroh.com and the User shall hold no rights over it.
1.6. Disclaimer of liability
Except
where expressly described in the Terms of Use and the rest of the regulatory
framework of the Website, vivahsamaroh.com shall not be liable for
damages of any kind caused by the lack of accuracy, completeness, timeliness or
errors or that may be affecting the information or the services contained on
this website or other content that can be accessed through it, nor does it
assume any obligation or commitment to verify or monitor the content and
information.
vivahsamaroh.com shall not be liable for the contents, data and / or information
provided by users and vendor of the website, nor for the contents of external
websites to which it links. In vivahsamaroh.com
does not guarantee that these contents are true, meet a specified purpose or
serve that purpose.
Moreover,
vivahsamaroh.com shall not be responsible for the opinions expressed by
users using the portal, forums, communities, or other tools of participation or
opinion. vivahsamaroh.com shall use the means at its disposal to
moderate as much as possible the opinions expressed by users on the Website, in
order for them to not violate the rights of third parties.
Finally,
vivahsamaroh.com assumes no liability of any kind in relation to the
success of possible transactions conducted between users.
1.7. Links to third party websites
Vivahsamaroh.com includes within its contents links to sites owned and / or managed by
third parties in order to facilitate access to information available through
Internet. These links may be linked or not indicated web sites.
Vivahsamaroh.com assumes no liability for the existence of links between the content of
this site and contents located outside the site or any other reference to
contents external to this site. Such links or references are for information
purposes only and in no way imply support, approval, commercialization or any
relationship between Vivahsamaroh.com and the persons or entities and /
or managers of such contents or sites where the information is found.
1.8. Law and Jurisdiction
The
General Terms of Use and other legal conditions of the website are governed by
Indian law.
For
any questions which may arise or actions arising from the provision of services
and contents by the Website and the interpretation, application, fulfilment or
breach of the provisions herein, Vivahsamaroh.com and the User, expressly waiving
any other jurisdiction that may apply, submit to the jurisdiction of the Courts
of the state of Haryana.
2. TERMS OF USE OF THE COMMUNITY SERVICE.
The
use of the community service implies that users accept the General Terms of Use
of Community Service and other provisions contained in the legal conditions of
the website.
2.1. Terms of Use of the Community Service and their
acceptance
These
Terms of Use of the Community Service govern the provision of the community
service of the Website by Vivahsamaroh.com and the conditions of use of the
service by its users.
vivahsamaroh.com may offers its Users and Vendors
the Community service so that couples in
the process of planning their wedding can exchange views and comments on all
services associated with the celebration. In no case does vivahsamaroh.com allow the use of the Community in particular and the Web site in general as a
platform or promotional support for professionals, particularly when these
professionals are personally linked to any user and it is the user who was
promoting.
It is
also prohibited to use the Community for mass contacts between users. vivahsamaroh.com
has the technical means to detect and remove, if necessary, such mass mails.
The
use of this service by users is conditioned upon the completion of the
registration form within the Community and the prior acceptance of the legal
conditions of the website, as published by vivahsamaroh.com, at the very
moment in which the user accesses the service.
The
use of the Community is also subject to all notices, use regulations and
instructions made available to the User by vivahsamaroh.com.
The
use of the Community Service is limited to Users and vendors of the Website who
are active members in it, using it for planning and managing a personal event,
and professionals in the wedding industry who have a file on the Web Site. vivahsamaroh.com
reserves the right to modify at any time these Terms of Use of the Community.
They shall apply from the time they are made available to users through the
Website. vivahsamaroh.com encourages its members to view the conditions
each time they use the Forum service as they may change.
If the
user decides not to accept the present legal conditions, and / or any future
conditions and notices that may be forwarded by Vivahsamaroh.com , must refrain
from accessing and / or using the Forum Service offered.
The
User that participates in the Community accepts that all content that they
publish will be known to the rest of the participants in the aforementioned
Community.
All
contents provided by the User to vivahsamaroh.com through participation
in the community service shall be added to the Web site, being intended the
latter as an object of protection of intellectual or similar property rights.
In this sense, the User grants to vivahsamaroh.com for free the use of
all the contents provided by participating, which will be incorporated in the
Website, in accordance with the provisions of Clause 2.4 above.
2.2. Purpose and Description of the Service
The
purpose of these conditions is the provision of the Community service through
the Web Site. Users, for free and after validation of the previously assigned
username and password, can interchange, access, respond to messages and, in
general, talk with other service users in order to express opinions and
exchange views about information, activities and / or services that are already
included in the Web Site or which can be accessed from it, as well as related
issues.
2.3. Access to the Community Service
The
service is accessed using a user name and a password or a transferable personal
key chosen by the user. The user assumes the consequences for the breach of
confidentiality and misuse of keys and access codes.
The
service can be accessed freely by people over 18 years of age. Access to minors
is restricted.
2.4. Obligations of the Users
The
User agrees to use the service in accordance with Community law, these Terms of
Use of the Community Service, the legal conditions of the website, as well as
morality and generally accepted good customs and public order.
The
User agrees not to use the service for illegal purposes, contrary to the
provisions of these Legal Terms and Conditions of the Website, harmful to the
rights and interests of others, or in any way able to damage, disable, overload
or deteriorate the service or prevent the normal use or enjoyment of the
service by other users. In particular, by way of example and not limitation, it
is hereby prohibited to transmit, distribute or make available to third
parties, through the service, any information, messages, graphics, sound files
and / or images, photographs, recordings, software and, in general, any kind of
material, data or content that:
A.
In any way harass, stalk, threaten or abuse other members of the
Community
or any third parties external to it.
B.
Incorporate obscene or objectionable content or such that may
offend the sensibilities of any third parties who may access them.
C.
Encourage others to violate these conditions, the General Terms of Use
of the Website, and other Legal Conditions contained in the Website.
D. Are published with the intent to impersonate
team members of
vivahsamaroh.com or another user
using similar identification or
any
other method or device.
E
. Are used for commercial, advertising or
unlawful purposes; as
well as for the transmission of junk
mail, spam, chain letters or
Unsolicited mass distribution of
messages.
G. Infringe regulations on privacy of
communications.
2.5. Content inserted by users
The
messages and Content provided by the Users in the Community exclusively contain
the opinions and experiences of the senders and their content is solely and
exclusively the responsibility of the Users who incorporate them in the
Website.
The
community administrators will share this file storage system so that the couple
can attach documents of interest to the Community.
Users
undertake to make good use of this tool in accordance with the General
Conditions of Use of the Community Service contained in point 3 of the General
Conditions of Use of the Website.
.
vivahsamaroh.com is not in any way responsible for
the messages sent by their users and the latter explicitly exonerate vivahsamaroh.com
from any liability for damages of any nature arising from both the message
content and from the knowledge that third parties may have regarding the
conditions, characteristics and circumstances of use of the service made by the
users or that could be due to the access and, where appropriate, the
interception, removal, modification or manipulation by third parties authorized
or not, of the messages that Users disseminate or make available to third
parties through the community service, although vivahsamaroh.com undertakes
to make available the tools necessary to prevent that the participation of
Users in the Community does not prejudice or violate the rights of third
parties.
Vivahsamaroh.com informs its users that it will process the personal data according to
the terms of the Website's Policy for the Protection of Personal Data in
accordance with regulations.
Also,
the user expressly allows for the opinions and content contributed to the
Website to be found and accessed by Internet search engines. Notwithstanding
the above, there are discussion groups that, due to their strictly confidential
and intimate content, as determined by vivahsamaroh.com, will not be
accessible by these search engines, and neither will the personal profile of
users be accessible.
Users
guarantee the truthfulness, accuracy, validity and authenticity of the Personal
Data provided, and undertakes to keep them updated.
2.8. No license
Vivahsamaroh.com authorizes the User to use the intellectual and industrial property
rights to the software that allows the execution of the services that make up
the Service only as provided for in these Conditions.
Notwithstanding
the foregoing, vivahsamaroh.com grants no license or authorization of
use of any kind on its intellectual property or any other property or right
related to the Community Service or the Website itself or on the contents of
the Website's Intellectual Property Rights Statement that the users can find in
the legal conditions.
These
Terms are governed in each and every one of its clauses by the laws applicable
in India.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Copyright
© 2020 vivahsamaroh.
All
exploitation rights are reserved.
This
Web site is governed by Indian laws and is protected by national and
international legislation on intellectual and industrial property.
The
texts, designs, images, databases, logos, structure, brands and other elements
of this site are protected by laws and international treaties on intellectual
property.
Vivahsamaroh.com does not grant any license or
authorization of use of any kind on its intellectual property or any other
property or right related to the Web Site, the services or the contents.