Terms of Service – Putava
www.putava.com (“Putava” or “Website”) is a matrimony website owned and operated by Smart Roots Solution LLP, having its office at Infopark Koratty. Please read these Terms of Service (“ToS”) carefully and click on the “I Agree” button if you consent to these terms. You may avail our services only if you accept this ToS. This ToS, once accepted, shall form a valid and binding contract between You and Smart Roots Solution LLP. If you are unsure or if you do not consent to these terms or any portion thereof, you shall not access our services under any circumstances. Your use of our service shall be deemed as your acceptance of this ToS.
This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
Table of Contents
1. Introduction
2. Registration
3. User Profile
4. User Covenants
5. Intellectual property rights
6. Disclaimers and Warranties
7. Indemnification
8. Limitation of Liability
9. Suspension, Termination
10. Violation of the terms
11. Assignment
12. Dispute
13. Grievances
1. Introduction
1.1 Putava is an online matrimonial platform which enables an eligible user to register themselves on their own behalf or on behalf of their dependants/relative/friend for browsing other user profiles for the purpose of seeking prospective matrimonial alliances (“Service”). User profiles are categorised based on multiple criteria like age, gender, language, location, religion, caste, profession, educational qualification etc., which will help you in your selection process based on your preference.
1.2 The terms “Website”, “Putava”, “We”, “Us” “Ours” shall mean to denote Smart Root Solutions LLP and the terms “You”, “yours”, ‘user”, “Registered User” shall mean to denote the individual who has registered for the Services either for themselves or their dependant/friend or relative.
1.3 Any and all documents referred in this ToS through external reference including but not limited to the Privacy Policy and terms and conditions of third party service providers, shall form part of this ToS.
2. Registration
2.1 Registration is mandatory for availing our Service. You may register a single user profile for yourself or on behalf of your dependant, relative or friend provided you have his/her consent. We validly assume that you have the consent of such third party on behalf of whom you are using the Service. Please do not use the Service or register if you do not have proper consent. Once your registration is complete, you will be provided with a user name and password which is confidential
2.2 Eligibility:
a. if you are registering on your behalf, you should satisfy the age criteria for legally marrying in India (18 years for ladies and 21 years for men). If you are registering on behalf of a third party with their consent, you should be at least 18 years.
b. You shall be competent to enter into a valid contract as per the Indian Contract Act, 1872.
c. You or the party on behalf of whom you have registered shall be unmarried or lawfully divorced and legally competent to enter into a valid marriage contract. We also permit users whose divorce proceedings are not yet completed, under the category “awaiting divorce”.
2.3 For Registration you must provide your full name, gender, email id , phone number, religion, caste , educational and professional information, residential address, photographs and other details as required for the purpose of creating your profile. Photographs may be optional however, a profile with a photograph is preferred by Users in searches. If you are registering on behalf of a third party, in addition to your name and email, phone number, you shall provide all details mentioned above with respect to such third party for creating his/her profile.
2.4 Payment:
a. Registration is free, with minimal features, however, to access more features, you will have to be a paid subscriber. To exploit the full capability of the Services like unlimited validity, profile views and messaging feature, you have to pay a subscription fee as per the schedule below.
|
Free Plan |
No Cost |
Limited Features |
|
Premium |
500/- + GST |
View Profile / 10000 Live Chat / Yes Personal Message / 10000
|
|
VIP – Personal Care |
5000/- + GST |
View Profile / 10000 Live Chat / Yes Personal Message / 10000 Personal Assistance for Match Making |
b. Payment can be made directly at our offices through cash or cheque.
c. Online payments through netbanking/credit/debit card are to be made via third party payment aggregator Razor Pay / PayU/ Bank Transfer . On utilising the payment services, you shall be bound by the terms and conditions of Razor Pay and PayU available at Razor Pay - and PayU.
d. For all transaction related errors, including but not limited to amount wrongly debited, please contact your bank or the payment aggregator directly. We shall not be liable for any payment transaction related issues. We do not store your bank, card or any transaction details.
e. For details on how the payment aggregator uses or stores such information, please read their terms and privacy policy Razor Pay - and PayU.
f. Payment once made shall not be refunded under any circumstances.
3. User Profile
3.1 Once your registration is complete, you can create an online profile which shall be published on Putava. Only a single profile is permitted per Registration. Multiple profiles of the same person cannot be published under multiple registrations and such profiles/registrations once detected by us, shall be permanently deleted and no claims of refund of fee shall be entertained under any circumstances.
3.2 You shall truthfully fill in all information required to create your profile. Your profile shall not be published if any mandatory information has not been keyed in.
3.3 For the creation of the profile of a person, You shall use the recent photographs of the profile person and other family photos if necessary.
3.4 You are solely responsible for the contents and accuracy of your profile. Any and all information provided on your profile including photographs, should be true, genuine and accurate. Your profile shall be deactivated immediately without any refund in case it is found out that you had provided false information.
3.5 You shall be responsible for safeguarding your credentials which should be kept confidential. We suggest you choose a strong password update it frequently. Putava shall not be responsible for any outcome of shared or stolen passwords.
3.6 Based on your preferences, Putava shall prepare a customised search results for you, wherein you may browse through the relevant profiles of prospective alliances. It is your sole responsibility to verify the credentials and information provided by prospects in their User profiles. Putava is only a platform which enables you to search for prospective marriage alliances based on your preferences and we shall not, under any circumstances be responsible for any misinformation or misrepresentation in any User profiles. We do not have any obligation to monitor user profiles, however, we shall take appropriate action once we receive a complaint about violation of the terms of this ToS. You are advised to use caution and exercise due care in verifying the information provided by a prospect. Please report to us in case you come across any misrepresentation/ false information or violation of any of these terms by a User.
4. User Covenants
While using our Services you unconditionally agree to the following:
4.1 We validly assume that all information provided by you are true and complete and shall not be responsible for any outcome related to false or incomplete information provided. We shall not in any way be liable for any impersonation/ stolen identities and shall not be responsible for any loss or damages caused due to access/ impersonation by a third party.
4.2 By using our Service you hereby consent to:
a. Our use of your profile information including your photographs for the purpose of publishing in Putava and for advertising in various media.
b. Allow third party Users to browse through your profile and initiate contact in case they are interested.
4.3 You may initiate communication with a prospect or a User, considering you as a prospect, others may initiate contact with you. You shall exercise caution while communicating with a prospect or his/her representative, either on Putava or otherwise. We do not verify the authenticity of a User and shall not be responsible for any outcome. You shall not do any action(s) with the intension to insult, threaten, harass, or harm any User and shall refrain from using comments which are false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane or sexually oriented during communication. In case of a violation by any User, you shall report to us immediately. We reserve the right to deactivate the profile of any User found violating these terms or if we have grounds to suspect that the User has violated any terms of this ToS.
4.4 You shall deactivate your profile immediately upon solemnisation of your marriage. If you had registered on behalf of a third party, you shall immediately deactivate such profile upon solemnisation of the party’s marriage.
4.5 You shall not use Putava for any illegal purposes. When you register and create a profile on behalf of a third party, we validly assume that you have the consent and permission of such party for whom you are using the Service for. You shall be solely liable for the consequences of you using our Services. You shall not :
a. Enter into any financial transaction with any User.
b. Use the platform as a dating app or otherwise.
c. Access, tamper with, penetrate or use – our servers, computers, (including those of our 3rd party service providers), or other parts of the Application which do not form part of the service.
d. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e. interfere with, or disrupt, (or attempt to do so), the access of any other user or other registered customers, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the services, or by scripting the creation of any transmitted content in such a manner as to interfere with or create an undue burden on the services.
f. Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Application to human-readable form, or to permit third parties to do the same
g. transfer your account to third parties.
4.6 As a part of Service, you are permitted to upload contents including text and media on your profile. This facility is provided for the sole purpose of completing your matrimonial profile. While uploading contents the following are strictly prohibited.
a. any contents or materials containing profanity;
b. any contents or materials which are false, inaccurate or misleading;
c. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
d. contents that contain cyber bullying, spams, junk or other related material;
e. any false, defamatory, inaccurate, libellous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, harmful to minors, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
f. any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless you obtain rights therein;
g. contents that violates or infringes the privacy or publicity or other rights of any party;
h. materials or contents that violates copyright, trademark, or other intellectual property rights;
i. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
j. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity, security, defence, integrity or Sovereignty of India; threatens friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;
k. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
l. contents that are patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
m. any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure.
4.7 If you do not have the permission you shall not assign the Service to a third party for any reasons whatsoever.
4.8 You agree that we may modify these terms and conditions at any time and we shall as far as possible provide you with a prior notice of such changes. In case you do not agree to any of the modified terms, you shall immediately stop using our Services. Your continued use shall be deemed as your acceptance of the modified terms.
5. Intelluctual Proporty Rights
5.1 All Intellectual Property Rights (IP) in the Service, the Website and its source code including modifications and customisations, if any, belongs to Smart Roots Solutions, LLP and/or its developers/licensors and all IP in other third-party applications and services belong to their respective IP owners. Any and all marks, contents, trademarks, logos, user interface design, and service marks displayed on Putava and our services are registered and unregistered Intellectual Property Rights of Smart Roots Solutions, LLP and/or third parties who have authorized their use and you shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these IP in any way. In the event of any violation of our Intellectual Property Rights or that of our third-party affiliates, the same shall be viewed seriously and we reserve our discretion to initiate appropriate legal action including criminal prosecution.
5.2 All rights pertaining to your contents including photographs belongs to you or their respective IP rights holders. We do not claim any rights whatsoever in your contents. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all user content displayed on or in connection with your profile on Putava. It shall be your responsibility that the contents you upload must not infringe applicable laws or regulations or breach any of the terms in this ToS.
5.3 On uploading contents on Putava, you hereby grant us royalty free world wide license to use your contents for the purpose of publishing and displaying in Putava, including our mobile app, and using the same for marketing and advertisement purpose in various media at any time.
5.4 Please go through our Privacy Policy to have a better understanding of the collection, storage and use of the contents.
6. Disclaimer and Warranties
6.1 EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF SERVICES, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.
6.2 Putava is only a platform facilitating online search for matrimonial purposes and we are not responsible or liable for the actions or omissions of Users.
6.3 We are not anyway responsible for the success of any alliance or disputes, differences and/or divorce of any matrimonial alliances due to the use of Putava.
6.4 We shall not be liable for any default or interruption in services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, floods, earthquakes, explosions, accidents, unusually severe weather conditions, epidemics, pandemics, lockdowns, quarantine restrictions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, unfavourable change in legal requirements, hacking, server mal-functioning and any other events which we do not have any control of.
6.5 We shall not be liable for the quality and connectivity issues with respect to our Services if the same is affected by the quality of your internet connection, quality of your device, downtime of our servers, or our thirds party affiliates etc.
7. Indemnification
7.1 You hereby agree to indemnify, defend, and hold Putava and our affiliates, directors, officers, employees, technology vendors and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from your actions, omissions, third-party claim, dispute, or demand related to the use of our Services and for violation of any of the provisions of this ToS. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; and/or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (iv) any damage or destruction to Putava’s scripts/servers/equipment or to any of our clients, which damage is caused by or otherwise results from your acts or omissions including those using your account; (v) any personal injury or property damage arising out of your activities related to the Services; and (vi) any other damage arising from Your actions or omission.
7.2 In the event, any claim is made against Putava by another user with respect to your profile or success of the alliance found through Putava, then Putava reserves all rights to be indemnified by you for any such claim against us.
8. Limitation of Liability
8.1 You shall be solely responsible for the consequence of the use of the Services. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, even if we were advised of their possibility.
8.2 It is hereby made clear that our total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Service and any other agreement with you relating to the Services or based on any claim for indemnity or contribution shall not exceed the latest fee that we had collected from you or INR 500.00, whichever is the highest.
9. Suspension, Termination
9.1 You hereby acknowledge and understand that we reserve the rights to terminate your accounts at any time without assigning any reasons.
9.2 Your account shall be suspended on non-payment of the required subscription fee as and when such fee is due. In such case, your suspension shall remain till you make the required payment or for a period of 15 days maximum. Failure to pay beyond 30 days shall result in your account being terminated.
9.3 We may suspend or terminate your account if we believe you have violated any terms of this ToS. In case of suspension, your profile shall be disabled temporarily until we determine that you have rectified your actions leading to suspension.
9.4 You may terminate our Service at any time and contact us to de register your account from us.
10. Violation of the Terms
10. 1 Notwithstanding anything contained anywhere else in this ToS, and notwithstanding and in addition to other remedies available, we reserve our rights to initiate legal actions against you including but not limited to initiating criminal actions where applicable and claim damages in case you violate the terms of this ToS.
11. Assignment
11.1 This Service is being provided to You. You do not have the permission and you shall not assign the Service to a third party for any reasons whatsoever.
11.2 Putava may assign the responsibility of providing the Services, to its affiliates, associates including subsidiary, parent company or sister concerns without any notice to you provided such assignment will not cause any interruption in the Services.
12.1 Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by Putava. The venue of such Arbitration shall be in Kerala, India and language of Arbitration shall be English. The Arbitrator shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.
12.2 This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Ernakulam, Kerala, India. The Courts in Ernakulam, Kerala, India will have the exclusive jurisdiction to govern the provisions of this ToS.
13. Grievances
13.1 If you have any grievances regarding the Services, or if you wish to report any violation against a User, please contact us on : info@putava.com