These terms and conditions of use (hereinafter the “Terms of Use”) establish a legally binding agreement between Arnav Media And Entertainment Private Limited ((hereinafter referred to as “Shaadidukaan”, “us”, “we” or “our”), which expression shall include where appropriate its affiliates, successors and assigns)) and the persons (“Users” or “you” or “your”) accessing and using our Services through our website or mobile application (“Platform”), to the extent applicable. We operate the Platform to provide online access to information about our services and the products, (“Services”). By using the Platform including but not limited to accessing or visiting or browsing the Platform, you indicate your acceptance to these Terms of Use and that you agree to abide by them. In the event the Platform is being used by a person on your behalf or from your account, the expression “Users” or “you” or “your” shall apply to such person as well and that person shall represent and warrant that he/she has the authority to bind that entity to the Terms of Use. If you do not accept and agree to be bound by all of the terms of these Terms of Use, please do not use the Platform.

The Privacy Policy Click Here and any other policies communicated by us or disclaimers made in the Platform shall be applicable to your use of the Platform and shall collectively constitute the terms of your access and use of the Platform and the Services

This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Platform. This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.Ownership

1.1Shaadidukaan is the author and publisher of the Platform, and all variations, revisions, editions and ancillary services of the Platform (including all files, images and downloadable material available on Platform). The Platform shall be used by Users to avail the Services. Provided further, in addition to the content made available by us, you would also get access to content, information, and media pertaining to other Users and we disclaim any liability or responsibility for such third party content made available to you through our Platform.

2.Access to the Platform

2.1By accessing the Platform, you agree to these Terms of Use and the Privacy Policy set out at https://www.shaadidukaan.com/policy. The access to certain sections of the Platform is conditional upon our acceptance of you as a ‘Vendor’ or ‘Buyer’ on the Platform. We reserve the right to withdraw or amend the Services being provided to you through the Website without any notice. We will not be liable if for any reason our Platform is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Platform.

2.3All rights that are not expressly granted to you are reserved under these Terms of Use.

3.Password to the Website

3.1Upon completion of your registration process with Shaadidukaan and upon reasonable satisfaction of our understanding of your engagement with us, an authentication link to the email ID specified by you shall be provided. That authentication link will be accompanied by a unique username and password that will allow you to login to our Platform.

3.2You agree not to provide your username and password information to any other person nor allow any third party to use the Platform through your account.

3.3You agree to keep your password secure. You are fully responsible for any loss or damage resulting from your failure to protect your password. You agree to immediately notify us of any unauthorised use of your password or any other breach of security.

3.4You agree that we shall not be liable for any loss or damage arising out of your failure to keep your password secure or your account private.

4.Our rights in relation to the Website

4.1We have the right to discontinue or change our Services at any time and shall not be liable for the same.

4.2We shall delete your account or cancel access to our Platform for any reason whatsoever, at any time at our discretion. We shall also suspend or limit your access to our Platform as and when may be considered necessary. For the aforesaid, we shall make all reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.

4.3We shall disclose such confidential information as may be provided by you or such other details about yourself as may be necessary to satisfy any governmental department or authority under applicable law or to any third party in accordance with the terms of the Privacy Policy.

4.4With reference to Clauses 5.1, 5.2 and 5.3, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Platform.

5.Representation and Warranties

5.1That you represent that, as on the date hereof, you have the full authority to enter into, execute and deliver this Terms of Use and to perform the terms contemplated hereby.

5.2You shall only have access to the Platform and use the Services in accordance with the Terms of Use, Privacy Policy and any other agreement inforce between you and us.

5.3That you represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules (including without limitation to all applicable laws regarding online conduct and acceptable content, privacy, data protection as per the applicable laws).

5.4User guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by us.

5.5You represent that all the information provided by you is true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time. You further represent that, all information submitted by you in regards to third parties whether categorised as personal sensitive data or otherwise is complete, accurate and usage thereof legally authorised by the said third party.

5.6You shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; (ix) represents fraudulent, false or misleading information/documents

5.7You agree and understand that you shall not not use the Services for any unlawful purposes and shall not sell or transfer your access to the Platform. You shall not transmit any unnecessary information or unwanted electronic communication viz. spam to other Users of the Platform. You will not misuse your right to the Platform by introducing viruses, trojans, worms or other material likely to cause harm to the Platform and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Platform or any third party. You shall further not gain or facilitate any unauthorised access to the Platform or on any other source to our Platform.

6.Disclaimer of Warranty

Should you use and access the Platform for a Service, to the full extent permitted under applicable law, you agree that:

6.1use of the Platform and Services are made available to the Users on “as is” “where is” and “as available” basis as described in these Terms of Use (as amended from time to time) without any express or implied warranty, representations or conditions.

6.2your use of the Platform shall be at your sole risk to the fullest extent permitted by law, and we or any of our affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator disclaim all warranties of any kind, whether express or implied, in connection with the Platform and your Use of the Services thereof.

6.3We makes no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any sites linked to this Platform and assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any bugs, viruses, which may be transmitted to or through our Platform by any third party, (e) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other content obtained through use of the Services or Platform and (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform.

6.4We make no warranties or representation that the Platform or Service will be uninterrupted, timely, without down-time, secure or error free or that the defects will be corrected.

6.5We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked Platform or other promotion, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Terms of Use.

6.6You also agree and understand that the information displayed on the Platform is for information purposes only and does not amount to any advice.

6.7You understand that Shaadidukaan is merely an aggregator and unless specified is not involved in rendering of any services listed by third parties including other Users on its Platform. Furthermore, it is further clarified “Leads” or “Prospects” or any other similar terms used in any document between you and us shall refer to prospects who have requested services similar to those listed by you on our Platform and we provide no assurances of any manner in terms of its merchantability, usability, or quality for the intended purpose.

6.8The User understands that, Shaadidukaan merely functions as a marketplace for facilitating interaction between Vendors and Buyers listed on the Platform and is in no way involved whether directly or indirectly in any engagement between the Vendor and the Buyer and thus the User waives off any right to claim any damages against Shaadidukaan for any losses the User may incur while engaging with other Parties on the Platform.

6.9The User understands that Shaadidukaan only acts as a marketplace to advertise Your services. Shaadidukaan is not involved in any dealings or transactions between the Vendor and the Buyer. Therefore, You agree that You cannot hold Shaadidukaan responsible for any loss or problem that may happen while dealing with any Vendor or Buyer on the Platform. The User also agrees that they will not file any cyber complaint or complaint with any bank against Shaadidukaan for such issues.

6.10To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.

7.Limitation of Liability

7.1In no event shall Shaadidukaan be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of these Terms of Use.

7.2The maximum aggregate amount that you or any party claiming through you can recover from Shaadidukaan and its affiliates, officers, employees, agents or all claims arising from, under or relating to these Terms of Use (whether in contract, tort including negligence or otherwise) will in no event exceed the amount paid by you as Service fee(s) in two (2) months preceding the date of the said incident giving rise to the claim.

8.Intellectual Property Rights

8.1You acknowledge and agree that Shaadidukaan owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist). Any infringement of our intellectual property rights shall be governed by the applicable law in India.

8.2You understand that you do not have the right to use any of Shaadidukaan’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services

8.3You are permitted to download the information available on the Platform to any instrument for your personal use only provided it does not include the right to copy or reproduce the information of our Platform on any other platform or medium, without our prior written permission. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Platform shall infringe our intellectual property rights for which you shall indemnify us.

8.4You shall not indulge in disassembling, decompiling or unlocking, reverse engineering, or in any manner decoding the Platform or our software for any reason whatsoever, including copying any features, functions or user interfaces/graphics of the Services.

8.5You further agree that on sharing any information or uploading any content on/through our Platform, you grant to us a perpetual, royalty free, non-revocable, non-restrictive licence to use the said content/information in association with our Platform to the furthest extent permissible under applicable laws.

8.6You acknowledge that we shall not be held liable or responsible for any misuse, unauthorized use, infringement, or any third-party claims arising from the content uploaded by You on our Platform. You agree to indemnify and hold harmless Shaadidukaan and its operators from any claims, damages, liabilities, and expenses arising out of or in connection with Your content and any misuse thereof.

9.Indemnification

9.0The User agree to defend, indemnify and hold us and our agents, representatives, affiliate, director, officer, employee, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) any breach of the Terms of Use of this Platform, Privacy Policy or any other policies as notified by Shaadidukaan from time to time (b) any negligence or wilful misconduct by you, or your employees or agents or affiliates violation (c) any act or omission by you in violation of its legal, statutory, regulatory or other duties or obligations in connection herewith; (d) and/or violation of any third party right, including without limitation any copyright, property, or privacy right; (e) any claim that another user submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and Your use of the Platform.

10.Third Party Platforms and Contents

10.1The Platform may contain links to third party websites and third party contents that are not owned or controlled by us and we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Platform, you specifically release us from any and all liability arising from your use of any third-party website. Inclusion of third party websites or third party contents or linking to any does not imply approval or endorsement thereof by us.

10.2In case if you decide to leave the Platform and access the third party websites/content you do so at your own risk and will be governed by the privacy and other policies of that third party.

11.Amendment

11.1We reserve the right to make changes to the Terms of Use. Please review the Terms of Use for updates or changes. Your continued use of the Service(s) and access to the Platform shall be deemed your acceptance of the then current version of the Terms of Use.

12.Severability

12.1If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of India, then to the extent and within the jurisdiction which that term is illegal, invalid or enforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

13.Non-Assignment

13.1You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

14.Governing Law and Dispute Resolution

14.1These Terms of Use along with the Privacy Policy and other policies of the Shaadidukaan shall be governed by and construed in accordance with the Indian law. You submit to the exclusive jurisdiction of the Jaipur courts to settle any dispute or claim which may arise under, or in respect of, these Terms of Use, Privacy Policy or other policies, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.

15.No Waiver

15.1Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

16.Clarifications

16.1If you have any queries or concerns regarding these Terms of Use, please contact Shaadidukaan at [email protected]