TERMS OF USE

Welcome to Keraliam’s Terms and Conditions of Use (“Terms”)! These Terms are a legal and binding agreement between the user (“you/your”) and Keraliam Social Needs Private Limited (hereinafter referred to as “Keraliam/Website/we/us/our”) to use our match-making services (“Services”). These Terms shall provide the grounds on which you can access the website of Keraliam www.keraliam.in and the Keraliam mobile application (hereinafter referred to as “App”). By accessing the Website or the App, you consent to become bound by these Terms and other policies of Keraliam for as long as you continue to access the Website or the App.

If you are found to be violating these Terms or the Privacy Policy, we reserve the right to terminate your access to the Services. We may update and revise these Terms from time to time at our sole discretion and your continued use of the Website or the App after such revision shall indicate your acceptance of the updated Terms. We agree that future changes will not be retroactive without your consent. If you do not agree to be bound by these Terms, we request you to refrain from accessing our Website and the App.

1. Eligibility and Account

Before You can access the Services, you shall need to register for an account (“Account”). In order to create an Account, you must be at least 18 years old and be legally permitted to access the Website and the App. You can create an Account via manual registration, or by using your Facebook/ Google login details. At the time of creating the Account, we would require certain information about you such as your pictures, your interests, your job, a description of yourself, among others (“Content”). This Content will form the basis of your profile which will be shared with other Keraliam users. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account. You shall be given an option to voluntarily verify your Account and on successful verification, you shall be given a demonstrable and visible mark of verification.

You shall be solely responsible for maintaining the confidentiality of the login credentials You use to sign up for Keraliam, and you are solely responsible for all the activities which occur under those credentials.

You may, at any time and without prior notice to us, decide to delete your Account. However, as per law, we would store your information for 180 days after you have deleted your account. If you wish to use Keraliam again, all you need to do is register with us again. Once you delete your account, your profile will be removed from Keraliam and you cannot reactivate your deleted profile.

We reserve the right to terminate your Account or disable your access to the Website or the App if you breach any of these Terms.

2. Your Responsibilities

We endeavor to make Your experience of the Website and the App as uneventful as possible. We employ technology-based measures to identify and remove information that depicts any sexually explicit content. While we are making our best efforts, we would require You to do your bit too. Therefore, you agree not to do the following activities during Your use of the Services,

(a) Wrongful activities

(i) Misrepresentation of user’s information, or disguising the origin of any content (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with us or any third party);

(ii) Using the services to violate the privacy of others, including publishing, or posting other people's private and confidential information without their express permission, or collecting or gathering other people's personal information (including profile information, account names, or information) from our Services;

(iii) Using our services to stalk, harass, or post direct, specific threats of violence against others;

(iv) Using the Services for any illegal purpose or in violation of any laws;

(v) Using the services in connection with providing any adult entertainment oriented or otherwise pornographic services; or

(vi) Perform an action with the intent of introducing to the services, any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.

(b) Inappropriate communications

(i) Using the Services to generate or send unsolicited communications, advertising, chain letters, or spam;

(ii) Promoting or advertising products or services.

(c) Inappropriate content

(i) Posting, uploading, sharing, submitting, or otherwise providing content that infringes our or a third party's intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right;

(ii) You do not have the right to submit information that:

(A) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement), indecent, harassing, hateful;

(B) Encourages illegal or tortious conduct or that is otherwise inappropriate;

(C) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

(D) Contains viruses, bots, worms, scripting exploits, or other similar materials;

(E) Is intended to be inflammatory;

(F) is targeted to children under the age of eighteen (18); or

(G) Could otherwise cause damage to us or any third party.

(iii) You shall not host, display, upload, modify, publish, transmit, update or share 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, pedophilic, libelous, 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;

(C) harm minors in any way;

(D) infringes any patent, trademark, copyright or other proprietary rights;

(E) violates any law for the time being in force;

(F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(G) impersonate another person contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

(H) 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 offense or prevents investigation of any offense or is insulting any other nation;

(I) is 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 injury to any person.

(d) Unacceptable Use

You will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party rights, and the User is solely responsible for its conduct while using our Services. You must not directly, indirectly, or through automated or other means:

(i) engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

(ii) use or attempt to use another user's account;

(iii) impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;

(iv) collect information of or about other users in any impermissible or unauthorized manner;

(v) use our Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;

(vi) damage, disable, overburden, or impair our Services;

(vii) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;

(viii) post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable;

(ix) encourage or provide instructions for a criminal offense;

(x) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

(xi) bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Services, including content-filtering techniques; or

(xii) expose us or others to any type of harm or liability.

3. Purchases

Payment: Keraliam offers products and services for purchase on the App (“IAP”). If you choose to make an IAP, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply and that such additional terms are incorporated herein by reference. You may make an IAP through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. These IAPs shall include any applicable taxes that may be imposed on such payments. Once you have made an IAP, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Auto-renewing Subscriptions: Keraliam may offer some services as automatically renewing subscriptions. If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at Keraliam’s then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Services to which you have subscribed and an opportunity to cancel. If Keraliam changes these prices and you do not cancel your subscription, you agree that you will be charged at Keraliam’s then-current pricing for the subscription.

Returns and Refunds: We offer no returns or refunds on, virtual gifts. Services once purchased cannot be returned. Payments once made, are not refunded under any circumstances. In other words, you do not have the option of canceling or getting a refund for any payment.

All pay-in and pay-out shall remain subject to the terms and conditions of the Service Provider and the regulations governing such aspects of banking and payments.

4. Location-Based Services

The App may allow access to or make available opportunities for you to view certain content and receive other products, services, and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth, or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

5. Push Notifications

We may provide you with emails, text messages, push notifications, alerts, and other messages related to the App and/or Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by either following the specific instructions included in such communications or by emailing us with your request at keraliam.snpl@gmail.com

6. Disclaimer

Keraliam does not represent or warrant that (a) any matches or profiles presented will be compatible and/or guarantee success in finding a partner, or that (b) the service will be uninterrupted, secure, or error-free, (c) any defects or errors in the service will be corrected, (d) that any content or information You obtain on or through the service will be accurate, or (e) any suggestions or feedback will be incorporated.

Keraliam takes no responsibility for any content that You or another user or third party posts, sends, or receives through the service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.

Keraliam disclaims and takes no responsibility for any conduct of You or any other user, on or off the service.

7. License

The rights granted by Keraliam to you are restricted to private and personal use. As a user of Keraliam, you grant us a free-of-charge, non-exclusive, international, and permanent license for the use, reproduction, representation, modification, and translation of any basic intellectual property-related component (text, emojis, photos, videos etc.) that it may provide through the App for the non-exclusive purpose of communicating with other users on Keraliam. Keraliam can use such content in any format on the Website, App, ads, other shielded areas accessible by other users and for other internal purposes.

Keraliam reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Keraliam shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

8. Third-Party Services

The Website and the App may contain advertisements and promotions offered by third parties and links to other websites or resources. Keraliam is not responsible for the availability (or lack of availability) of such external websites or resources. If You choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with You. Keraliam is not responsible or liable for such third parties’ terms or actions.

9. Safety

You are solely responsible for your interactions with other members. You understand that Keraliam does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Keraliam makes no representations or warranties as to the conduct of the users.

Keraliam reserves the right to conduct—and you authorize Keraliam to conduct—any criminal background check or other screenings at any time using available public records, and You agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.

10. Privacy

In order to access Keraliam, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between us and the group companies to operate the Service. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed, by us. Our Privacy Policy explains how we treat your personal data and protect your privacy when using our services.

11. Copyright Infringement Claims

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the App in a way that constitutes copyright infringement, please provide us with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the app;

(d) Your full name, address, telephone number, and email address;

(e) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) A statement by you, accompanied by an affidavit, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Keraliam be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Services, result of using the Services including, without limitation, damages for the recommendation of the Website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Keraliam knows or has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will Keraliam be liable for any liquidated or punitive damages.

13. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Keraliam, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Website or the App, your Content, or your breach of this Agreement.

14. Notice of Claim

If you have any questions concerning the Website and/or the App, these Terms, or the Services, Company’s customer support can be reached at the following email address: keraliam.snpl@gmail.com. Please provide the following information in your mail:

(a) Your address, telephone number, and email address;

(b) Your question;

(c) A statement by you that the above information in your notice is accurate.

15. Miscellaneous

(a) Agency: This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide You with the right, power, or authority, whether express or implied to create any such duty or obligation on behalf of Keraliam.

(b) Assignments: We may assign, in whole or in part, the benefits or obligations of this Agreement to its associates or affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. We shall not require Your approval or consent, we can at Our discretion provide an intimation of such assignment to You.

(c) Force Majeure: We shall not be liable for our failure to perform under this Agreement as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labor unrest, the action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Keraliam, Payment Gateways, or any other channel partners.

(d) Governing Law, Settlement of Disputes and Jurisdiction: These Terms and Privacy Policy shall be governed in all respects by the laws of India, and You agree to submit to the exclusive jurisdiction of the courts in Bangalore, Karnataka. Any dispute or claim relating to it, its enforceability, or its termination under these Terms shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Keraliam.

(e) Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

(f) Survival of Provisions: These Terms shall survive termination of the same by the User or by Keraliam.

(g) Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some parts of that provision were deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

(h) Notices: All notices, requests, demands, waivers, and other communications required or permitted to be given hereunder shall be keraliam.snpl@gmail.com if to the user it shall be to address registered with the Website.

(i) Right to Seek Injunction: You accept and acknowledge that the breach of these Terms may cause Keraliam irreparable harm, and thus confirm and accept that Keraliam will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that Keraliam may have under law and tort.

(j) Entire Agreement: These Terms, Privacy Policy and other policies on the Website or made known by us from time to time, comprise the entire agreement between You and Us regarding the use of this Website and the App, superseding any prior agreements/correspondences between You and Us related to Your use of this Website or the App (including, but not limited to, any prior versions of Terms). If any provision of the Terms is held invalid, the remainder will continue in full force and effect. The titles are for convenience only and have no legal or contractual effect.

16. Grievance and Redressal

If you have any grievance with respect to the Website and/or App, or Services including any discrepancies and grievances in relation to the collection, storage, use, disclosure, transfer, or any processing of information, you can contact our Grievance Officer at:

Name : Rajesh Nambiar

Address : Bangalore

E-mail ID : keraliam.snpl@gmail.com

Phone : +91-6362333512

The Data Officer shall respond within thirty (30) days from the date of receipt of the complaint.

17. Effective date

The Terms were last updated on 25-01-2022.