MalayogamOnline.com is a website developed, hosted and maintained by Malayogam Pvt. Ltd., only to facilitate lawful matrimonial alliance between persons who are legally competent to enter into matrimony under the laws to which they are subject and is not to be used for any other purpose(s) including "Dating", "Flirting", "Friendship", etc.
These Terms and Conditions apply to the entire contents of the website MalayogamOnline.com.
As a MalayogamOnline.com member please note the legal entity you are entering into a contract with is Malayogam Pvt. Ltd. (hereinafter referred to as 'Malayogam') a private limited company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Chammany Tower, Kaloor, Kochi, Kerala.
Please read the various services provided by Malayogam before making any payment in respect of any service. These terms and conditions are binding documents which govern your use of our services. You are advised to read these carefully and proceed with the use of our website only if you agree to the terms and conditions mentioned in the document.
Definitions and Interpretations
The following words shall have the followings meaning in these Terms & Conditions:
"Agreement" shall mean these Terms and Conditions;
"Paid membership plan" refers to a paid fixed rate giving access to our paid Services, for a limited/unlimited period, as per the selected plan, renewable on expiry of the specified period or utilization of the total amount as the case may be, where the Paid membership plan has been purchased using a credit/ debit card or any other method of payment listed on our website;
"Service(s)" refers to the entirety of the Services available to you via our website, whether paid or unpaid;
"Paid Services" refers to all Services accessible, at rates quoted, by this site to Members under a valid Paid membership plan.
"Member(s)" refers to any or all valid registered users of our Service, whether they access Services or Paid Services.
"Member Content" refers to the information contained in the Member's profile, created by the Member and displayed on any of our site(s) from time to time.
The terms 'us', 'we', 'our' refers to all brands owned and operated by Malayogam for the purposes of this Agreement.
The minimum age for registering in MalayogamOnline.com is 18 years for women and 21 years for men.
Membership and rights of admission is reserved solely for
- Indian Nationals & Citizens.
- Persons of Indian Origin (PIO).
- Non Resident Indians (NRI).
- Persons of Indian Descent or Indian Heritage.
You must complete all of the required fields on the registration form(s);
You must read through the Terms and Conditions and agree to be bound by them;
You must successfully complete Malayogam’s profile verification process;
You represent and warrant that you have the right, authority and legal capability to enter into this Agreement and that you are neither prohibited, nor disabled by any law in force, from entering into a contract.
In case you wish to sign up a friend or a relative to our Services; you must have obtained the prior consent from him/her in order for us to process their data and provide the Service to them via yourself.
The right of admission vests with Malayogam. You become a member upon due acceptance of the Profile by Malayogam.
If at any time Malayogam, at its sole discretion, is of the opinion or has any reason to believe that you are not eligible to become a member; Malayogam hereby reserves the right to forthwith terminate your membership and/or your right to use the services of MalayogamOnline.com without any refund of any monies paid to Malayogam.Use of the Member services
Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with anyone else.
You are advised to take necessary precautions and ensure that the passwords you use offer adequate security (e.g. Using a password with at least 8 characters having a mix of alpha numeric characters and special characters) and cannot be easily guessed by someone else.
If you use or register in this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
To access the Services you will need a computer, laptop or smart mobile phone and an active internet connection. It is your responsibility to ensure that you have (and continue to have) one of these devices and the necessary internet connection. All costs towards procuring and maintaining such devices and the internet connection shall be borne by you.
Wherever specific limits are not mentioned in the membership plan features, the usage will be subjected in general to the "Fair Usage Policy
We may deactivate accounts of Members who have not used the Services or logged in to the website for a continuous period of six months.Member Obligation
As a Member you agree
- in connection with the Services not to breach any applicable law, regulation or code of conduct;
- not to make comments, broadcast or publish in any form whatsoever Member content or any other content that infringes the rights of others or that is defamatory, injurious, abusive, obscene, offensive, blasphemous, violent or can/does incite violence, illegal or in violation of the rights of any person, including intellectual property rights, or is in any way shape or form sexist or racist;
- in general; not to make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites' current rules and laws in force or acceptable norms and standards;
- not to upload photographs, videos and any other information in terms of data or files supplied by a Member that are indecent. Photographs, videos and other information in terms of data or files supplied must refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned;
- not to provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;
- not to reveal any information that enables you to be personally contacted, including postal / email address or telephone number other than through the specific fields/ sections in the profile, provided for the purpose; or and
- not to use the Services for junk mail, spam and pyramid or similar fraudulent schemes.
License and Site Access
Malayogam grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Malayogam.
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, from any of our website pages or any portion of this site or software codes for elements comprising any element of Services.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Malayogam without express written consent.
You may not use any Meta tags or any other "hidden text" utilizing Malayogam or MalayogamOnline name or trademarks without the express written consent of Malayogam.
Any unauthorized use terminates the permission or license granted by Malayogam.
You hereby expressly invite Malayogam and/or its authorized personnel to communicate to you through any telecom resources in the registered number provided by you to explain, explicate and clarify the various services provided by Malayogam and to assist, aid or support you in availing the said services of Malayogam.
If at any time, you wish to discontinue receiving the communications (including, but not limited to emails, sms and phone calls) from Malayogam, you may by email to email@example.com indicate the same to Malayogam and/or its authorized personnel regarding such discontinuance.
You represent that you or the mobile number submitted by you is not registered with the Do Not Disturb / National Customer Preference Register and/or you have already changed such registration to allow Malayogam to contact you on your mobile number.
Further and in any event, you do hereby unconditionally agree and undertake that this invitation and solicitation shall supersede any preferences set by you with or registration done with the Do Not Disturb ("DND Register")/ National Customer Preference Register ("NCPR").
Without prejudice to the aforesaid and in any event, by expressly inviting the services from Malayogam, you also unconditionally agree that your rights under the Telecom Commercial Communications Customer Preference Regulations, 2010 or any subsequent amendments thereto or under NCPR, are kept in abeyance or remain extinguished till you expressly communicate for discontinuation of relationship.
You also unconditionally agree to indemnify Malayogam against all losses, damages, penalties, costs or consequences whether direct or indirect, that may arise out of any breach or violation of the aforesaid representation, commitment and undertaking.
When you visit MalayogamOnline.com or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are in control of your profile in MalayogamOnline.com; therefore it is your responsibility to decide which information to publish or send as Member Content.
The information supplied by you must be accurate and conform to the reality. The consequences of disclosing information on your life or of other Members are solely your responsibility.
In case Malayogam finds duplicate profiles, then we have the right to suspend any or all the profiles.
The Partner Preference should be set by every member. In case the member has not set the Preference or has not set the Preference correctly, then Malayogam shall set the Partner Preference based on his/her profile information where member can also edit the same at any point of time.
You confirm that you are posting your profile information on MalayogamOnline.com with the intention of receiving communication/enquiries from other members of the website for matrimonial purposes.
By posting your profile on MalayogamOnline.com you unconditionally agree to give all necessary rights to Malayogam to share such information with other users/ matrimonial alliance seekers on MalayogamOnline.com, including but not limited to match alerts, newsletters and magazines via different communication media including Email, SMS, Print, Telephone, etc.
You also hereby expressly agree that the information provided by you is available to the other users of MalayogamOnline.com also and that Malayogam neither has any control nor any responsibility or accountability if information is misused, exploited or abused by any third party.
Consequently, you agree to waive all recourse against Malayogam, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of this Agreement.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
Malayogam reserves the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad, or remove or edit any other Member Content, terminate accounts or cancel subscription, for any reason at our sole discretion.
Malayogam also reserves the right to modify your profile if any prohibitive or objectionable content is found, or in the case of your contact details being entered in irrelevant fields. Malayogam may also modify the profile for other reasons not mentioned herein.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this agreement.
You cannot engage in advertising to, or solicitation of, other members to buy or sell any products or services through Malayogam.
You will not transmit any chain letters or junk email to other members.
Certain categories of members are allowed to send personalized messages to other members and members shall ensure that such messages are relevant for seeking and establishing matrimonial alliances.
Messages sent to members of the opposite gender should be only for the purpose of finding a life partner. You are not allowed to misuse the services of Malayogam in the name of "Dating", "Flirting", "Friendship" etc.
Member to member Chat facility provided on the website is meant exclusively for the members to understand each other for the purpose of potential matrimonial alliance. Such facility should not be used as a substitute for publicly available chat services (e.g. Skype, Yahoo Chat etc.). The chat communications through MalayogamOnline.com may be monitored and its use restricted where necessary.
The members shall ensure and undertake that obscene or inappropriate pictures, videos or language are not included in any of their communication with other members, including but not limited to chat messages, personalized email messages, etc.
It is also a violation of these rules to use any information obtained from Malayogam in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without the prior explicit consent of the member or Malayogam.
Malayogam shall not be liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
The trademarks (including but not limited to Malayogam and MalayogamOnline.com) logos, graphics, photographs, animations, videos and texts featured on this website and in our provision of the Services are the intellectual property of Malayogam Pvt. Ltd. or its partners and may not be reproduced, used or represented without the express permission of Malayogam Pvt. Ltd. or its partners.
Consortium/ Association/ Outsourcing
While providing services, Malayogam may outsource any part thereof to any competent person or organization, with or without disclosing it to you.
However, your membership rights and responsibilities continue as against Malayogam only and not against such persons or organizations.
Your Safety and Security
It is important that you understand that we cannot advise on or broker marriage or long-term relationships; the onus still remains on you to decide who is right for you; we just provide the options.
Furthermore; we do not have a contractual obligation nor moral or ethical responsibility or the technical means to: verify the identity of persons who register as Members or use our Services; or to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate). As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member's account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, you must take appropriate precautions and ensure your own safety. Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
For the avoidance of all doubt; we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and or the information displayed on your profile then you must immediately notify us. Furthermore; you should also amend your password. Payment Terms
The use of the Paid Services assumes that the Member has opted for a Paid membership plan. Members can acquire a Paid membership plan either by using a credit card (on the Internet or by telephone), debit card, direct debit to bank account, bank transfer or cash deposit to bank account, Cheque, Demand draft, Money order or by other payment methods proposed by this site.
The prices and the terms of payment for the different Paid Services are displayed at all times on this site, including at the point when the member chooses to make a purchase.
The activation of a Paid membership plan on a member's account normally occurs within 1 working hour after a valid transaction has been completed, subject to the member successfully completing the profile verification process. Money back Guarantee
By registering your profile through MalayogamOnline.com or by the remittance of fees you become a member of MalayogamOnline.com.
Malayogam offers a 100% refund if members do not get any response within 30 days. To be eligible for the refund, members should fulfill the following:
- You have created your profile by adding at least one photograph
- You have contacted a minimum of 10 members.
In spite of fulfilling these requirements,
- If you have not received any personalized messages or an express interest alert
- You have not viewed/taken any verified contact numbers
- Other members have not viewed or taken your contact details.
Functioning of the website and Services
The Member must have the skills, hardware and software required to use the Internet, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member's internet service provider is unable to provide its services properly.
In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, specifics of the internet browser used, problems experienced by the Member's internet service provider or blockages on the Internet networks or for all other reasons outside our sphere of influence. Under these conditions, we do not guarantee that the Services shall function without interruption or error.
In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform its Members prior to maintenance work or updates.
We recommend using Google Chrome, Mozilla Firefox and Internet Explorer 8.0 or above - we do not guarantee optimal functioning of the website when using SAFARI or OPERA browsers.
Please note that up-to-date Adobe Flash software is required for this website to function properly. Third party websites/ links
We or third parties may provide links on our Site to third party websites. You use them at your own risk.
We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon.
If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website. Personal privacy and protection of Member data
for full details on how we store and use the information you provide to us. Confidentiality
Malayogam will maintain confidential, all personal information [other than that meant for posting or transmission] furnished by members.
Malayogam may also capture additional information, including but not limited to the type of browser used, the client IP address, log in attempts, etc.
Malayogam shall take all possible and /or bonafide steps for maintaining the confidentiality of all such information. However, Malayogam may divulge such information if required by law.
It is unconditionally agreed, understood and acknowledged by you that the information and/or data that may be submitted by you shall be preserved and retained by Malayogam for all time to come as permissible under law, notwithstanding cessation, termination or discontinuation of the membership. Liabilities and Warranties
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
Malayogam acts as a platform for all its members to interchange information that would promote their common matrimonial objectives. It is to be distinctly understood that Malayogam will only provide contact between and among members within its service framework.
Malayogam is not the agent of any member and does not partake in the interchange or the results thereof.
Malayogam reserves the right, but has no obligation, to monitor disputes between you and other members of MalayogamOnline.com.
This site is provided by Malayogam on an "as is" and "as available" basis. Malayogam makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Malayogam disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Malayogam does not warrant that this site, its servers, or e-mail sent from Malayogam are free of viruses or other harmful components.
Malayogam will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Notwithstanding anything contrary contained anywhere, under no circumstances, Malayogam shall be held responsible or liable for anything relating to or connected with:
- any act or omission not done by Malayogam;
- any untrue or incorrect information submitted by you or on your behalf;
- any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user;
- any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
- any cybercrime including hacking, password theft, identity theft, data theft, etc. attempted or committed by anyone;
- any incident of force-majeure or 'act of god'.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events shall be limited to a full refund of payment made to us towards a paid membership plan.
In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or and
- damage to or loss of data (even if we have been advised of the possibility of such losses).
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services. Termination
A Member may at any time and without the need to provide any reason end his/her registration with us by requesting the closure of his/her account in the area of the website designated for such purposes.
Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned.
Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's Paid membership plan amount.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, we will terminate the Member's account without prior notification or warning.
Such termination shall have the same effects as a termination by the Member.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account. Cancellation policy
Malayogam encourages its Members to try out its facilities and features by becoming a free member and to communicate with other Members before they upgrade to a paid membership status. As such, cancellation/termination of membership will not make the member eligible for a refund of the membership fee. The same is applicable in the case of termination of a membership by Malayogam, due to breach of any of the terms and conditions of use of the website.
This Agreement and the pages on this website to which these terms refer, constitute a contract that governs the relationship between the Member and Malayogam Pvt. Ltd.
They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Malayogam and the Members.
We may modify these Terms and Conditions at any time.
The Member will be informed of the nature of these modifications as soon as they are posted on the website.
For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened. Jurisdiction and Applicable Law
The membership is deemed to have been entered into at Cochin, India and the laws of India will govern the membership and any violation of the terms and conditions provided herein.
You hereby explicitly agree that disputes arising out of or in any way affecting the membership including interpretation of any of the terms are subject to Courts of appropriate jurisdiction in Cochin, India.
For any questions you wish to ask, you may contact us by completing the contact form or by mail to firstname.lastname@example.org