These Terms and Conditions are legal and binding Agreement
between You ("the User") and Makeover Magic Solutions Private
Limited, the company that owns the product Jodi Logik (hereinafter
referred to as "Jodi Logik"). Terms and Conditions state the
grounds on which the User can use and/ or register with this
www.JodiLogik.com ("Site"/ "Website"/ "Us"/ "We"/ "Our"/ "Jodi
Logik"). Terms and Conditions are updated from time to time at Our
sole discretion and the most updated version is available on the
Site at all times along with the date of last revision. Continued
use by the User of the Site after any revision indicates the
User's acceptance of the updated/ revised Terms and Conditions. By
accessing the Site, and using the Services (as defined below) as
offered in this Site, You become the User and become bound by, the
terms and conditions of this Agreement and other Policies of Jodi
Logik for as long as You continue to use/ visit the Site or
Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, DO NOT USE OR REGISTER WITH THE SITE OR FOR THE
SERVICES. Your use, registration or participation in any manner
with the Site or the Services being provided confirm, agreement to
the Terms and Conditions and any applicable Policies.
1. We at Jodi Logik provide profile creation services for
matchmaking purposes (collectively, the "Services"). Jodi Logik
may offer additional services or revise any of the Services, at
its discretion at any future date in which case these Terms and
Conditions shall apply to all additional services or revised
Services. All rights to cease offering any of the Services on the
Site are reserved with Jodi Logik.
2. Eligibility.
a. Minimum Age. User of the Site must be
at least 18 years old to use or to register at the Site for the
Services. By using the Services on the Site, the User represents
and warrants that he/ she is a minimum 18 years old. It is
possible that certain Services may have other age requirements and
such other age requirements are stated at the relevant places.
b. Marital Status. By requesting to use,
registering to use, or using the Services, the User represents and
warrants that the User is not married or is divorced. If the User
is not legally divorced, then the Services will not be available
for the User till the divorce is legally achieved.
c. Criminal History. By requesting to use,
registering to use, and/or using the Service, the User represents
and warrants that the User has never been convicted under any law
governing us or the User. Jodi Logik reserves the right to conduct
a criminal background check, at any time and using available
public records, to confirm possibility of misrepresentation. By
agreeing to these Terms and Conditions, the User consents to and
authorises such check.
d. Verification. By agreeing to the Terms
and Conditions, User hereby authorises Jodi Logik (and its third
party authentication agency) to conduct verification checks on the
User/ You. The verification process is critical/ important for
receiving the complete set of Services offered at the Site by Jodi
Logik. The verification process is initiated and performed if:
i. Specifically asked by You to receive the defined set of
Services offered at the Site;
ii. Jodi Logik, at its sole discretion decides to conduct a
Verification check whenever deemed necessary. In either case, the
User will be appropriately notified and requested to provide the
required documents and fill up the necessary Consent Forms for
initiating and completing the Verification process. User agrees
and confirms that non-abidance of Verification requests made by
Jodi Logik will render the Registered Account at the Site
terminable at the instance of Jodi Logik without any recourse,
whatsoever. Jodi Logik is authorised and justified in taking any
action necessary on such refusal by the User. User agrees and
understands that Jodi Logik or its third party expert service
provider and their associates are not the author or creator of the
information coming forth in the Verification Checks. Under this
premise and limitations, Jodi Logik or its third party expert
service provider or their associates do not warrant accuracy,
validity or completeness of the content of the Verification
checks. Jodi Logik, expressly disclaims that the Verification
checks will meet the User's aspirations or expectations and shall
be performed in an uninterrupted manner. Verification check
verifies the existence of the facts and information provided by
the User, it does not verify the authenticity of the facts itself.
2. Use of Site and Service
As a User of the Site or a User registered to use any of the
Services (a "Registered User"), the User agrees to the following:
a. Exclusive Use. Once an account is
created with the Site it is for the User's personal use only. The
User may not authorize others to use the account. The account with
the Site is non assignable and non-transferable to any third party
whether a person or an entity. The User acknowledges and confirms
that Jodi Logik is not responsible for third party access to the
User's account that results from theft, hacking or
misappropriation of user names and passwords.
b. Geographic Limitations. The Site and
Services are currently intended for Users anywhere in the world.
The User agrees to at all times use the Services in a manner
consistent with this Terms and Conditions and any and all
applicable local, state, national and international laws and
regulations, including, but not limited to, the one's of the
location where the User is located or is a national of. By using
the Services, as a User You represent that you have not been
designated by any applicable law or regulation as a person /
entity to whom the provisions of the Services cannot be provided
and who is prohibited from receiving the Services. Registration
for, and use of, the Services become void if the same have been
prohibited and the User uses or registers with the Site. You are
responsible for determining whether the user of the Services is
legal in your jurisdiction.
c. Information Submitted. The User is
solely responsible for, and assume all liability regarding, (i)
the information and content provided at the Site for the Service;
(ii) the information and content the User posts, transmits,
publishes, shares or otherwise makes available (hereinafter "Post")
to Jodi Logik for the Services; (iii) User interactions with other
Registered Users through the Services.
d. Risk Assumption and Precautions. All
risks when using the Services and the Site, including but not
limited to all of the risks associated with any online or offline
interactions with others, including meeting other matches remain
with the User. The User is expected to use his / her best
judgement in experiencing any of the benefits/ requirements of the
Services. The User agrees to take all necessary precautions when
meeting individuals through the Site and under the Services. In
addition, the User agrees and confirms to review and follow the
recommendations set forth in the Site as pointers to Safety and/
or mailed to User from time to time. The User undertakes to adhere
to the Safety pointers and shall all times be responsible for all
outcomes of meeting/ sharing information and/ or being in a short
or a long term relationship through the Services/ Site. It is
accepted and understood by the User that at all times the User
shall use his/ her judgement and discretion in receiving the
Services through the Site or proceeding with a match and/ or
deciding to be in a relationship with a match herefrom.
e. No Guarantees. Jodi Logik through the
Site and its specific systems attempts to provide a platform for
creating matrimony profiles only and the User may not find ideal
matches through the Services. The User fully understands and
accepts that Jodi Logik makes no guarantees, either express or
implied, direct or indirect, regarding User's ultimate
compatibility with individuals the User meets through the Service
or as to the conduct of such individuals.
f. Background and Verification Checks.
Jodi Logik may engage with third party experts for conducting
basic background verification checks and does not take any
guarantees for the same other than as offered, represented,
warranted and undertaken by such third party experts providing
these services to Jodi Logik. By accepting the Terms and
Conditions and having a Registered Account with the Site, the User
has agreed to get the Self Verification Process completed. User
agrees and accepts that if the User refuses/ fails to get the
Verification check completed then, Jodi Logik at its sole
discretion, without any recourse from the User, have the right to
terminate the Account. The set of Services offered at the Site are
linked to completion of the Verification process and the User may
receive corresponding permits based on the Verification.
Jodi Logik does not guarantee or warrant the accuracy,
validity or completeness of the Verification check done by the
third party expert service provider and disclaims that the outcome
of the Verification Check will meet the User's aspirations or
expectations. It is clarified that the Verification Check is
verifying the existence of facts and information provided by the
User voluntarily for verification it is not for verifying
authenticity of the facts. If any of the state, municipal of other
government records indicate a conflict in facts vis-à-vis the
information provided by the User, then Jodi Logik is likely to
rely on the professional judgement of the third party expert
service provider in determining the outcome of the Verification
Check.
If Jodi Logik, in its sole and fair judgement believes that
false information provided by the User is with an intention to
mislead the Verification Process or alter the outcome of such
verification check, or defame Jodi Logik, or in any manner
negatively impact the Services or Jodi Logik's ability to deliver
the Services to other Users, then defaulting User accepts that
Jodi Logik will have complete rights in law and tort against the
User in question. Jodi Logik at its sole discretion may choose to
take any action it deems fit.
g. Reporting of Violations. The User is
obligated and will promptly report at the Site any violation of
the Terms and Conditions by others, including but not limited to,
Registered Users as soon as the User becomes aware of the same.
h. Content Removal. Jodi Logik reserves
the right, but has no obligation, to monitor the information or
material User submits to the Site or the Posts in the public areas
of the Services or linked to other public sites. Jodi Logik at all
times reserves all rights to remove any such information or
material that in its sole opinion violates, or may violate, any
applicable law or either the letter or spirit of this Terms and
Conditions or the integrity of any other User or upon the request/
report of any third party.
i. Posting and Communication Restrictions.
The User will not post on the Services, transmit to other users,
communicate any content (or links thereto), or otherwise engage in
any activity on the Site or through the Services, which:
i. promotes any kind of discriminatory material, racism,
bigotry, hatred, or physical harm of any kind against any group or
individual
ii. is intended to or tends to harass, annoy, threaten or
intimidate any other users of the Site or Services
iii. is defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, obscene or otherwise objectionable
iv. contains others' copyrighted content (e.g., music,
movies, videos, photographs, images, software, etc.) without prior
approval of the owner
v. contains video, audio photographs, or images of another
person without his or her permission (or in the case of a minor,
the minor's legal guardian)
vi. promotes or enables illegal or unlawful activities, such
as instructions on how to make or buy illegal weapons or drugs,
violate someone's privacy, harm or harass another person, obtain
others' identity information, create or disseminate computer
viruses, or circumvent copy-protect devices
vii. intended to defraud, swindle or deceive other users of
the Services
viii. contains viruses, time bombs, trojan horses,
cancelbots, worms or other harmful, or disruptive codes,
components or devices
ix. promotes or solicits involvement in or support of a
political platform, religion, cult, or sect
x. disseminates another person's personal information
without his or her permission, or collects or solicits another
person's personal information for commercial or unlawful purposes
xi. is off-topic, meaningless, or otherwise intended to
annoy or interfere with others' enjoyment of the Site
xii. impersonates, or otherwise misrepresents affiliation,
connection or association with, any person or entity
xiii. solicits gambling or engages in any gambling or
similar activity
xiv. uses anything or other automated technology to access
the Site or Services
xv. uses the Site or Services for chain letter, junk mail or
spam e-mails
xvi. collects or solicits personal information about anyone
under 18 years of age; or
xvii. is in any way used for or in connection with spamming,
spimming, phishing, trolling, or similar activities.
j. No False Information. By registering
with the Site and receiving the Services the User undertakes not
to provide inaccurate, misleading or false information to Jodi
Logik or to any other user. If information provided to Jodi Logik,
or at the Site or another user subsequently becomes inaccurate,
misleading or false, within the User's knowledge then the User
will promptly notify the Site of such change or discontinue usage
of the Site/ Services if User does not require the Services any
longer.
k. No Advertising or Commercial
Solicitation. The User undertakes not to advertise or solicit
any user to buy or sell any products or services through the Site
or Services. User is strictly prohibited against transmitting any
chain letters, junk or spam e-mail to other users. Further, no
User shall use any information obtained from the Services in order
to contact, advertise to, solicit, or sell to any user without
their prior explicit consent of Jodi Logik and the other such
User. It is clarified that any such use of information shall be to
the sole liability and responsibility of the User engaging in such
activity. Breach by any of the Users of the terms of this
subsection and sending or posting unsolicited bulk email, "spam"
or other unsolicited communications of any kind through the
Services will cause substantial harm to Jodi Logik, and that the
amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, the User shall be liable and
agrees to pay Jodi Logik a minimum of INR 1,00,000.00 for each
such unsolicited communication.
l. Single Bona Fide Profile. As a
Registered User of the Service, the User is expected to create
only one bona fide profile. In addition, it is stressed that the
use of the Service must be for bona fide relationship-seeking /
matchmaking purposes in order to maintain the integrity of the
Services being offered through the Site (for example, User is
discouraged from becoming a User for casual relationships, solely
to compile a report of compatible singles in User's area, or to
write a school research paper or create a database for other
similar sites or creating and collating database for any such
purpose). From time to time, Jodi Logik creates test profiles in
order to monitor the operation of the Services and also offers a
feature to refer profiles/ prospective Users. The Users, at their
will, can accept these offers and refer profiles to Jodi Logik.
All references to the Site, made by a User shall be of his/ her
free will and wish.
m. Selection of Profiles. Jodi Logik may
offer promotions from time to time on the Site and in the context
of the Services. Please note for any promotions on the Site, the
User shall be under no obligation to accept the same. The User
acknowledges and accepts that the decision to whether or not to
accept the promotion offered or meet or to proceed with meeting or
engaging in any relationship with any suggested/ recommended
matches will be the sole discretion of the User in question, Jodi
Logik shall not be liable or responsible for any outcome
whatsoever of such suggestions/ recommendations of matches or
offering the promotions on the Site. It is clarified that all
suggestions/ recommendations are made in good faith and with
intentions of well being whether or not to explore those
suggestions/ recommendations are solely and totally in the
judgement and assessment of the User. User is encouraged to review
Our Safety pointers while proceeding with any match in a more
committed manner.
n. No Harassment of Jodi Logik Employees
or Agents. The User is prohibited from harassing, annoying,
intimidating or threatening any Jodi Logik employees or agents
engaged in providing any portion of the Services. If any User
breaches this provision of these Terms and Conditions, then Jodi
Logik may take any legal action it deems appropriate against such
User without prejudice to Jodi Logik's any other rights in law or
tort.
o. Social Media. The Site may provide User
the option to connect your Site account to any account on some
social networking sites (such as via Facebook, Twitter) for the
purpose of logging in, uploading information or enabling certain
features on the Service. Please note, Jodi Logik owes no
responsibility for privacy practices of such websites which are
not owned, controlled or managed by Jodi Logik. If in following
such links User may be asked to share any information governed
under these provisions with the third party websites and thus the
User shall be solely responsible for sharing and handling,
storing, possessing and use of that information with such third
party websites. Usually, third party websites are governed by
their own Privacy guidelines and the User is encouraged to review
these carefully to understand the handling of information at third
party sites. The User is aware and confirms that in such a
scenario User will be governed and bound by the policies of the
third party website and Jodi Logik will not be liable in any
manner for any misuse, thereunder. Each social network allows User
to set privacy controls around on their system, and Jodi Logik's
collection of information will always follow such controls and
permissions. This feature is subject to continuous change and
improvement by Jodi Logik and each social networking site
involved, and therefore the available features and shared
information are subject to change without notice or consent of the
User. All information shared on the Site by the User is used in
compliance with the Privacy Policy on the Site. We recommend User
reads the Privacy Policy on our Site, carefully. Once connected,
some of the User matches may also be able to see information about
the User's social network, such as the size of your network and
your friends, including common friends. By connecting the User
account on this Site to other social networking site, the User
unconditionally consents to the continuous release of information
about the User to Jodi Logik. It is clarified,Jodi Logik does not
send any User account information to the connected social
networking site without first disclosing that to the User. The
User at all times has the right to opt-out of this provision by
making alterations in the Account Settings page on the Site.
p. Third Party recommendations. Users
registered/ registering with the Site from third party corporate
recommendations will have to follow all procedures and
requirements specified on the Site including the Verification
Process and shall be governed by these Terms and Conditions and
the Privacy Policy and are expected to consider Our Safety
Guidelines provided on the Site. There is no preferred User status
for any User at the Site. All third party corporations
recommending the Site among their work force do so as per their
company policies and do not incur any liability from doing so or
their referred User receiving the Services on Jodi Logik's
account.
3. Proprietary Rights.
a. Ownership of Proprietary Information.
The User confirms and agrees that Jodi Logik is the owner of
highly valuable proprietary information, including without
limitation, the patented compatibility matching system,
compatibility profiles, and Personality Assessment being shared on
the Site (collectively, "Confidential Information"). Jodi
Logik owns and hereby retains all proprietary rights in the
Services, the information provided in the Site and the Site,
including but not limited to, all Confidential Information.
b. No Use of Confidential Information. The
User undertakes to not post, copy, modify, transmit, disclose,
show in public, create any derivative works from, distribute, make
commercial use of, or reproduce in any way any (i) Confidential
Information or (ii) other copyrighted or copyrightable material,
trademarks, or other proprietary information accessible via the
Services, Site or the information on the Site without first
obtaining the prior written consent of Jodi Logik, who is the
owner of such proprietary rights.
c. Other Users' Information. Other
Registered Users may post copyrighted information, which has
copyright protection whether or not it is identified as
copyrighted. The User undertakes not to copy, modify, publish,
transmit, distribute, perform, display, commercially use, or sell
any Confidential Information of Jodi Logik or any information
copyrighted or copyrightable or not of third party proprietary
information available via the Services or the Site.
d. License to Posted or Accessed Content.
By posting information or content to any profile pages or public
area of the Services, or making it accessible to Jodi Logik by
linking the User account with the Site to any social network
accounts (e.g. via Facebook, twitter etc.), the User grants
unconditionally and in perpetuity, and represents and warrants
that the User has the right to grant, to Jodi Logik and its users,
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, reproduce, publicly perform, publicly display and
distribute such information and content, and to prepare derivative
works of, or incorporate into other works, such information and
content, and to grant and authorize sub-licenses of the foregoing.
From time to time, Jodi Logik may create, test or implement new
features or programs on the Site in which the User may voluntarily
choose to participate or may be a part of a test group with
special access, in accordance with the additional terms and
conditions of such features or programs. By participating in such
features or programs, the User grants and unconditional and
perpetual right to Jodi Logik and consents to terms and conditions
(if any) of such features or programs.
4. User Information.
a. Privacy Statement. For information
about the collection and possible use of information and material
provided by the User at the Site please review the Privacy Policy
on the Site.
b. Disclosure By Law. The User is aware
and agrees and consents unconditionally to disclosures of
information on the Site required to be made: i) under law by Jodi
Logik; ii) at the request of a third party under various consent
forms; iii) any investigative requirement, or if Jodi Logik, in
its sole discretion, believes that disclosure is reasonable to (1)
comply with the law, requests or orders from law enforcement, or
any legal process (whether or not such disclosure is required by
applicable law); (2) protect or defend Jodi Logik's, or a third
party's, rights or property; or (3) protect someone's health or
safety, such as when harm or violence against any person
(including the user) is threatened; or (4) in support of a fraud/
legal investigation/ verification checks.
c. Disclosure to Protect Abuse Victims.
Notwithstanding any other provision of this Terms and Conditions
or the Privacy Policy, Jodi Logik reserves the right, but has no
obligation, to disclose any information that the User submits at
the Site, if in its sole opinion, Jodi Logik suspects or has
reason to suspect, that the information involves a party who may
be the victim of abuse in any form. Information may be disclosed
to authorities that Jodi Logik, in its sole discretion, deems
appropriate to handle such disclosure. Appropriate authorities may
include, without limitation, law enforcement agencies, child
protection agencies, or court officials, expert professional
investigative agencies. The User understands the provisions of
this subsection and grants Jodi Logik unconditional, perpetual
right and permission to make such disclosure.
d. Use of Anonymous Information for
Research. By using the Services, the User permits Jodi Logik to
anonymously use the information from the User and User experiences
through the Services to continue / contribute to Jodi Logik's
research into successful relationships and to improve the
experience and quality of the Services. Such research is conducted
by psychologists and behaviour research scientists on the panel of
Jodi Logik, and may be published in academic journals. However,
all of User responses will be anonymous, and nothing containing
User's personal identifying information shall be published.
5. Links to Third-Party Web Sites / Dealings with
Advertisers and Sponsors/ Third Party recommendations.
The Services may contain links to web sites of
third-parties, including without limitation, advertisers, which
are not under the control of Jodi Logik, and Jodi Logik is not
responsible for the content of any linked site or any link
contained in a linked site, or any changes or updates to such web
sites. Jodi Logik provides these links as a convenience on the
Site, and the inclusion of any link does not imply that Jodi Logik
or the Site endorses or accepts any responsibility for the content
on such third-party web site. The Users correspondence or business
dealings with, or willingness of participation in promotions of,
advertisers or sweepstakes sponsors found on or through the
Services (including payment, other than when payment details are
stored with Jodi Logik for keeping credit details and delivery of
services, any personal information or opt-in contact information
voluntarily given to advertisers and sweepstake sponsors, and any
other terms, conditions, warranties or representations associated
with such dealings) shall be solely between the User and such
advertiser or sweepstakes sponsor or third party. The User
acknowledges and confirms that Jodi Logik will not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings, including the sharing of the
information the User shares/ provides to Jodi Logik with
advertisers or sweepstakes sponsors, or any third party or as the
result of the presence of such advertisers or third parties on the
Services.
6. All Users receiving the Services or registering on the
Site at the recommendation of any third party corporation do so on
their risk and shall at all times be governed by the applicable
Terms and Conditions and Policies on the Site. Jodi Logik does not
warrant anything nor does it incur any liability towards such
Third Party recommending Corporate. All recommendations to the
Site are being made by the Third Party corporate at its own
instance with no liability incurred on behalf of Jodi Logik
6. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. JODI LOGIK
PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" AND "BEST
EFFORTS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, DIRECT, INDIRECT STATUTORY OR OTHERWISE WITH
RESPECT TO THE SERVICES OR THE RESULT OF THE SERVICES OR THE SITE
(INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY
IMPLIED WARRANTIES OF CORRECTNESS, VALIDITY, ACCURACY
APPRORPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE
OR OUTCOME OR NON-INFRINGEMENT. JODI LOGIK DOES NOT WARRANT THAT
THE USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE, ERROR-FREE OR WILL MEET THE USER'S REQUIREMENTS, OR
THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR RESULT IN
THE DESIRED RESULTS. NOR DOES IT REPRESENT OR WARRANT THAT ANY
MATCH RESULTING IN MARRIAGE IS OF THE HIGHEST COMPATIBILITY AND
SHALL NEVER RESULT IN DIVORCE OR SEPARATION. JODI LOGIK DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE
CONNECTIVITY AND AVAILABILITY OF THE SERVICES AT ALL TIMES AND THE
RESULTS OF THE USE OF THE SERVICES. JODI LOGIK DISCLAIMS LIABILITY
FOR THE OUTCOME OF THE VERIFICATION CHECKS FOR PARTICUALR USER
EXPECTATIONS OR ASPIRATIONS AND VERIFICATION OF FACTS AND
INFORMATION PROVIDED BY THE USER FOR SELF VERIFICATION/
VERIFICATION CHECKS. ANY THIRD PARTY ENTITY OR CORPORATE
RECOMMENDING THESE SERVICES TO ANY USER WILL NOT BE LIABLE FOR ANY
SERVICES OR RESULTS THEREOF PROVIDED TO THE USER. JODI LOGIK NOR
ANY THIRD PARTY RECOMMENDING ENTITY WARRANTS ANYTHING ABOUT THE
USAGE, RESULTS, OUTCOMES, PERFORMANCE OF THE SERVICES, EITHER
DIRECTLY OR INDIRECTLY AT ANY POINT IN TIME. ALL RISKS OF
RECEIVING THE SERVICES IS TO THE ACCOUTN OF THE USER WHO IS IN
COMPLETE AWARENESS AND WILLINGNESS WITHOUT ANY FORCE SUSBSCRIBING
TO THE SERVICES.
b. Third Party Content. Opinions, advice,
statements, offers, or other information or content made available
through the Services, but not directly by Jodi Logik, are those of
their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content. JODI
LOGIK DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii)
ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY
OTHER THAN JODI LOGIK, OR (iii) THE BACKGROUND VERIFICATION
INFORMATION PROVIDED BY THE THIRD PARTY EXPERT SERVICE PROVIDER
AGENCY. UNDER NO CIRCUMSTANCES WILL JODI LOGIK BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION
OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY
ANY USERS OR ANY RELATIONSHIP RESULTING IN MARRIAGE OR ANY
MARRIAGE RESULTING IN DIVORCE OR ANY BACKGROUND VERIFICATION
INFORMATION BEING FALSE.
c. New Features. From time to time, Jodi
Logik may offer new features or tools with which its users may
experiment on the Services. Such features or tools are offered
solely for experimental purposes and without any warranty of any
kind, and may be modified or discontinued at Jodi Logik's sole
discretion. The provisions of this Disclaimer of Warranty section
apply with full force to such features or tools.
7. Limitation of Liability.
a. Incidental Damages and Aggregate
Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL JODI LOGIK 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 RECOMMENDATION
OF THE SITE, FAILED MARRIAGE ACHIVED THROUGH THE SITE, OUTCOME OF
VERIFICATION CHECKS, LOSS OR CORRUPTION OF DATA OR PROGRAMS,
SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN
IF JODI LOGIK KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER
NO CIRCUMSTANCES WILL JODI LOGIK BE LIABLE FOR ANY LIQUIDATED OR
PUNITIVE DAMAGES.
b. No Liability for non-Jodi Logik
Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL JODI LOGIK BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, AND/OR INCIDENTAL, LIQUIDATED, PUNITIVE ARISING OUT
OF OR RELATING TO RECOMMENDATION OF THE SITE, THE CONDUCT OF USER
OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS,
FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE
SERVICES OR AS A RESULT OF USING THE SERVICES. THIS INCLUDES ANY
CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO
HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR
HARM OTHER USERS OR FAILED MARRAIGES OR DIVORCE OF WEDDINGS CASUED
UNDER THE USE OF THE SERVICES.
c. Information Verification. Jodi Logik
and its contractors may use various ways, including engaging third
party information verification service providers of verifying
information that users have provided. However, none of those ways
are perfect, and the User agrees that Jodi Logik and its
contractors will have no liability towards the User arising from
any incorrectly verified information. At all times the User has
the right to undertake information verification of matched users
with whom the User is desirous of progressing and exploring.
8. Indemnification.
The User agrees to indemnify, defend and hold harmless Jodi
Logik, its affiliates, subsidiary and parent companies, and each
of their officers, directors, employees, agents and related third
parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys' fees) relating to or arising out
of any third party claim that (a) the User's use of or inability
to use the Site or Services, (b) any user postings made by the
User , (c) the User's violation of any terms of this Terms and
Conditions or the User's violation of any rights of a third party,
or (d) the User's violation of any applicable laws, rules or
regulations, or (e) the User's providing any false information to
Jodi Logik or conspiring and abetting with any third party for
seemingly substantiating such false information to appear as true.
Jodi Logik reserves the right, at its own cost, to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by the User, the User will co-operate fully in
asserting any available defences in such case.
9. Communication and Privacy.
Jodi Logik may use the User email address to send messages
notifying of important changes/ updates to the Services or special
offers. Further, Jodi Logik may contact User by telephone if the
number is voluntarily provided on the Site, in order to
communicate with you regarding the Services. User can at any time
opt out of this if User does not want to receive such email
messages or telephone calls.
10. Term and Termination.
10.1 These Terms and Conditions become effective upon the
User clicking on "I Accept" on the Site and will remain in effect
in perpetuity unless terminated hereunder. Either the User or Jodi
Logik may terminate the User account at any time, for any reason
or no reason, without explanation, effective upon sending written
notice to the other party. Jodi Logik reserves the right to
immediately suspend or terminate the User's access to any of the
Services, without notice, for any reason or no reason. Jodi Logik
also reserve the right to remove the User's account information or
data from Services and any other records at any time at Jodi
Logik's sole discretion. Jodi Logik does not use the User's
information once this Terms and Conditions are terminated or the
Services are not being used, however, some information/ data about
the User may remain archived with Jodi Logik. Following any
termination of any Registered User's use of the Service, Jodi
Logik reserves the right to send a notice thereof to other
Registered Users with whom the User has corresponded. If the User
wishes to continue exchange with any of the other users after
terminating this Terms and Conditions, then that will be at the
sole discretion, responsibility and liability of such Users and
Jodi Logik will not be responsible for any outcome/ impact or
result of such interactions.
10.2 Termination shall not affect any liabilities incurred
by the User prior to the termination or for acts performed while
registered with the Site which may result in a dispute post
termination nor any provision expressed to survive or to be
effective on termination shall expire. The obligations set out in
this Section shall remain in full force and effect notwithstanding
termination.
11. GENERAL PROVISIONS.
11.1 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 the User with
the right, power or authority, whether express or implied to
create any such duty or obligation on behalf of Jodi Logik.
11.2 Assignments. Jodi Logik may assign,
in whole or in part, the benefits or obligations of this Agreement
to its associate's of 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. Jodi Logik shall not
require approval or consent of the User, it can at its discretion
provide an intimation of such assignment to the User.
11.3 Force Majeure. Jodi Logik shall not
be liable for its 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, labour unrest, action of
Statutory Authorities or local or Central Governments, change in
Laws, Rules and Regulations, affecting the performance of Jodi
Logik, Payment Gateways or any other channel partners.
11.4 Governing Law, Settlement of Disputes
and Jurisdiction. Any dispute or claim relating to it, its
enforceability or its termination under these Terms and Conditions
shall be governed by the Arbitration and Conciliation Act, 1996 by
a sole arbitrator appointed by Jodi Logik. The arbitration
proceedings shall be held in English language at Chennai. The
courts at Chennai shall have exclusive jurisdiction over any
disputes relating to the subject matter herein.
11.5 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.
11.6 Survival of Provisions. Terms and
Conditions will survive termination of the same by the User or by
Jodi Logik.
11.7 Severability. If any provision,
hereunder becomes, in whole or in part, invalid or unenforceable
but would be valid or enforceable if some part of that provision
was 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.
11.8 Notices. All notices, requests,
demands, waivers and other communications required or permitted to
be given hereunder shall be @ [info@Jodi Logik.com], if to Jodi
Logik, if to the User it shall be to address registered with the
Site.
11.9 Right to Seek Injunction. The User
accepts and acknowledges that the breach of the Terms and
Conditions may cause Jodi Logik irreparable harm, and thus
confirms and accepts that Jodi Logik 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 Jodi
Logik may have under law and tort.
11.10 Miscellaneous. Terms and Conditions,
Privacy Policy and other policies on the Site or made known by us
from time to time, comprise the entire agreement between the User
and us regarding the use of this Service, superseding any prior
agreements/ correspondences between the User and us related to the
User's use of this Site or Services (including, but not limited
to, any prior versions of Terms and Conditions). If any provision
of the Terms and Conditions are held invalid, the remainder will
continue in full force and effect. The titles are for convenience
only and have no legal or contractual effect.
