Terms and Conditions
Last updated on 10 February 2020
Welcome to "UK Malayalee Matrimony LTD" online matrimony service, the service is for adults to meet other adults and communicate online (the "Service"). Please read these terms and conditions carefully to be sure that you understand them. To help you to understand these terms and conditions we have included a summary which tells you the important bits.
Summary of our terms and conditions
The Site is operated by UK Malayalee Matrimony LTD. We are registered under the laws of England and Wales, and our company number is 11730939. Our registered office is 250 Rossendale Road, Burnley, Lancashire, United Kingdom, BB11 5DE.
The best way to contact us is through the Contact us facility on the Site. Alternatively you can contact us by Email at firstname.lastname@example.org or by post to our registered office address.
What we expect from you
You must be over 18 years of age to use our service.
The service is for the personal use of individual members only and may not be used in connection with any business.
There are also a number of rules about what you cannot post on the site and what you may use the services for. These rules are set out in the Terms and are designed to help protect the safety and security of members and to ensure that everyone can enjoy the services. It is important that you abide by these rules.
Protecting Your Privacy
We take the protection of your privacy very seriously at all times.
Free and Paid Membership
You may sign up for the services for free or you may subscribe to the services as a paying member. A number of features of the services will however only be available to you when you are a paying member.
All paid packages, require a one off payment of £10.00 to activate the account. Once the activation fee is paid it becomes non-refundable under any circumstances.
This does not affect your right to cancel within the 14 days cooling off period, any refund will be prorated minus the one off activation fee and any cost incurred in returning any payment (usually card handling fees). Any refunds due will be actioned within 14 days of UK Malayalee Matrimony Ltd being officially notified. The basic package which is free, limits the interaction of the user and as you move through the packages Bronze, Silver to Gold – subscribers will be offered greater interaction and accessibility on the website.
Please also note that we do not guarantee a minimum number of compatible matches as this is dependent on the number of subscribers at any given time and their interests. Please also see sections 5 and 6 below for further information.
Changes to these Terms and Conditions
We will not make any changes to these Terms and Conditions that might have a negative impact on the services or your enjoyment of them (including any price increases) unless we have first informed you in writing of the proposed changes and given you a reasonable opportunity to termination your contract with us prior to those changes coming into effect.
You may cancel or terminate your contract with us at any time as set out in Paragraph 6 of these Terms and Conditions although in some circumstances that termination will not take effect until your contract is due for renewal. Depending on when you cancel or terminate you may be entitled to a refund as set out in Paragraph 5 of the Terms.
When you take out a subscription, it will normally be set up to automatically renew on a regular basis. You can cancel these automatic renewals at any time before we take the next payment through our site or by contacting us.
Deleting or removing your profile
We will delete your profile at any time on request. The best way of doing this is through our site but alternatively you may contact our customer services team at email@example.com. We may retain certain parts of your information even after we have deleted your profile where that is necessary for law enforcement or fraud prevention reasons – for example where fraud is suspected and in order to process refunds. In these circumstances your details will not be accessible to other members.
Cancelling or terminating your contract with us does not automatically delete your profile although you will be prompted to do so during the cancellation or termination process. Deletion of your profile must be done separately through the site or by contacting us.
We hope that you will enjoy using our service. We have put in place measures to try to ensure that everyone on our site is genuine and not involved in fraudulent activities. You should however be very careful about the information that you share with other members and take steps to ensure that who you are dealing with is who they say they are.
Please use caution and common sense when using the site and the service.
1. Application of these terms
These terms and conditions ("Terms") apply to all and any use of https://www.ukmalayaleematrimony.com ("the site"), the purchase of any products or services and all and any postings, emails, messages and other communications made to or using the site.
The site is operated by UK Malayalee Matrimony LTD, a company registered under the laws of England and Wales, whose company number is 11730939 and whose registered office is 250 Rossendale Road, Burnley, Lancashire, United Kingdom, BB11 5DE ("us", "we").
The best way to contact us is through the Contact us facility on the site. Alternatively you can contact us by Email at firstname.lastname@example.org or by post to our registered office address.
Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this service. To receive the service upon your membership being activated, you hereby expressly consent to us providing you with the services in the statutory 14 day cancellation period.
Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service on the site without notice.
You are responsible for making any arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms and that they comply with them.
Deleting your information
We will delete your profile at any time on request from you. The best way of doing this is through our site but alternatively you may contact our customer services team. We may retain certain parts of your information even after we have deleted your profile where that is necessary for law enforcement or fraud prevention reasons – for example where fraud is suspected and in order to process refunds. In these circumstances your details will not be accessible to other members.
We recognise that you may decide to terminate your contract with us but maintain your profile on the site. This will obviously make rejoining the site much easier should you subsequently decide to. For this reason when you cancel or terminate your contract your profile will not be automatically deleted at the end of the cancellation or termination process. You will however be clearly given an option to delete your profile during this cancellation or termination process.
You must be eighteen (18) or over to register as a member of the service or use the site.
If you sign up for the service but are prohibited from doing so, for example because you are too young, then your membership will be invalid. By using the site, you agree to abide by these terms.
The service is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organisations, companies, and/or businesses may not become members and should not use the service for any purpose. Your registration for use of the service is personal to you and you cannot transfer or sub-licence the right to use the service without our prior written permission.
5. Registration and Subscription
Types of Membership
Although you may register as a member of the service for free, if you wish to communicate with other members and use certain other parts of the service, you must become a subscriber and pay the fees that are set out in the price list. This price list is part of your contract with us. Your agreement to subscribe for any additional features shall be referred to herein as your "Subscription".
If a member wishes to switch from one package to another they will have to wait for the initial subscription period to come to an end and then pay for the package. Alternatively they can pay for a new package while still having another package running however will not be entitled to a refund. As an example if member A pays for a bronze package on the 1st of January and decides he wishes to switch to a silver package on the 14th of February. He has two options he can either pay for the silver package from the 14th of February and start a new silver package – please note he will not receive a refund for the bronze package that he purchased earlier on the first of January. The second option the member A has is to allow the bronze package to finish at the end of March and then pay and subscribe to a silver package on the 1st of April.
Unless stated otherwise, when your current Subscription expires, your Subscription will automatically be renewed for the same Subscription term that you originally purchased, e.g. every month and at the original (not discounted) price that you paid for your Subscription. Subscription fees will not increase for the duration of your Subscription, despite any overall price changes that we may make. You will be billed for your renewal when your current Subscription term expires.
Special Offers and Promotions
We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of any special offer or promotion will be deducted from the cost of membership for the initial Subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, the standard rate will apply to any subsequent automatic payments.
Member ID and Password
You agree to keep your Member ID and password ("Login") confidential at all times, to take reasonable steps to prevent others from obtaining your Login, and to log off from your account at the end of each session. You also agree to inform us immediately if at any point you consider that your Login has been compromised and/or is being misused by someone else, and to take such action as is required and/or is requested by us to prevent such compromise or misuse. We reserve the right to disable any Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms.
You are responsible for all fees relating to activities conducted using your Login prior to the time that you notify us of unauthorised use of your Login. UK Malayalee Matrimony LTD shall not be liable for any loss or damage arising from your failure to comply with these provisions.
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the site with UK Malayalee Matrimony LTD. False fraudulent use claims, however may result you being added to a card blacklist which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
6. Term and Termination
These Terms will remain in full force and effect while you are a member of the service.
Cooling off period
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations") you may cancel your order for the services within an initial fourteen day cooling off period ("Cooling Off Period").
During the Cooling Off Period only, notice of cancellation may be given by completing and sending to us by email or post the model cancellation form. Alternatively you may cancel your Subscription during the Cooling Off Period by giving us notice in writing, addressed to our postal address, by email to email@example.com, or by calling our telephone number provided on the site.
If you cancel within the Cooling Off Period, we will provide you with a refund within fourteen days of your notice. We will reimburse you by the same means of payment as you used for the initial transaction.
Cancelling your subscription
You may terminate your Subscription with us before your next renewal date. Cancellation may only be requested by completing the online cancellation process on the site.
7. Intellectual property rights on the site and technical use of the service
Our Intellectual Property Rights
All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore ("Intellectual Property Rights") in the site belong to and vest in UK Malayalee Matrimony LTD.
Your Use of our Intellectual Property Rights
By way of example and without limitation, you shall not:
- use any or all of the site or the information contained therein for any purpose other than the permitted use set out above or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
- make any public or commercial use of the site without UK Malayalee Matrimony LTD’s prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the site for profit or gain or to avoid payment (by you or others) without UK Malayalee Matrimony LTD’s prior written permission;
- display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without UK Malayalee Matrimony LTD’s prior written consent;
- modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information;
- process or otherwise use the information contained on or within the site for any illegal or immoral purpose nor use or process the same unfairly; or
- remove or obscure any copyright notices and other proprietary notices contained on the site.
8. Your use of the service and content posted on the site
You must use the service in a manner consistent with any and all applicable laws and regulations.
Illegal and/or unauthorised uses of the site, including collecting Member IDs and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the site will be investigated, and appropriate legal action will be taken at our sole discretion, including without limitation, civil, criminal, and injunctive redress.
We are entitled but not obliged to review and delete any content, messages, photos, video profiles and profiles (collectively, "Content") that in our sole judgment violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
You are solely responsible for the Content that you upload, create, send, publish or display (hereinafter, "post") on the site, or transmit to other members.
We will not be responsible, or liable to any third party, for the Content or accuracy of the Content posted by you on the site. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
By posting Content to any public area of the site, you automatically grant, and you represent and agree that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose 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 authorise sub-licenses of the foregoing for all purpose connected to operating and promoting the site, websites operated by UK Malayalee Matrimony LTD, and the service.
Your actions that may lead us to terminate your Membership
We are entitled to investigate and revoke a person's membership if a member has misused the service or the site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these terms. You agree that you shall not post any content to the site that (by way of example and without limitation, although specific exclusions may apply in relation to the site in question):
- infringes upon the Intellectual Property Rights of, or breaches any duty of confidence to, any third party;
- is technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
- reveals the identity or any personal details of any other user of the service without that users permission;
- expresses or implies that any statements you make are made or endorsed by us;
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Illegal activity in relation to the Site
You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Other provisions about your use of the site
You may not include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You may not transmit any chain letters or junk email to other members. Although we cannot monitor the conduct of our members off the site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, we reserve the right to restrict the number of communications that a member may send to other members in any 24-hour period to a number which we deem appropriate in our reasonable discretion.
Taking care when using the services and the site
The site is an entertainment service. Your use of this service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. By using this service you accept that any member profiles, messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other members or users of the site or service, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other members or users of the site or the service. You should not provide your personal or financial information (for example, your credit card, national insurance number or bank account information) to other members or users of our site.
Please use caution and common sense when using the site and the service.
9. Member Disputes
You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
10. Our Responsibilities
We will operate the site with the reasonable skill and care of an online service provider.
We will do our best to maintain the operation of the site for the service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as reasonably possible after any suspension.
We reserve the right to make changes to the service from time to time provided that they do not have a material adverse effect on the quality of the service.
If we cannot do what we have promised in these terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.
11. Proprietary Information
The service contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
The site and the service are provided on an "as-is" basis. We cannot guarantee and do not promise any specific results from use of the site and/or the service. We make no promises as to the quality or fitness for a particular purpose of the service except that we will operate the site with reasonable skill and care of an online service provider.
All other promises and other terms which might otherwise be implied by the law are hereby excluded. This does not affect your statutory rights.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by us, or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the site and the service.
Third party websites with links from the site have not been verified or reviewed by UK Malayalee Matrimony LTD and use and access of such third party websites is made at your own risk.
13. Limitation on liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
Unless it is caused by us and is reasonably foreseeable we will generally not be liable for:
- any incorrect or inaccurate information on the site and all interruptions to or delays in updating the service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the site;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from UK Malayalee Matrimony LTD.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit UK Malayalee Matrimony LTD’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
14. Modifications to these terms
Where the changes to our terms are minor and do not adversely affect your enjoyment of the services for example where we need to reflect changes in relevant laws and regulatory requirements or where we need to implement minor technical adjustments then we will notify you that these changes are coming into effect.
Where the changes to our terms are more serious or might adversely affect your enjoyment of the services then we will give you notice of the change and give you a reasonable opportunity to terminate your contract with us before these changes come into effect. Examples of changes that might fall into this category include an increase to our prices or a material change in the services.
Where you exercise your right to terminate under this paragraph we will refund you an amount that is proportionate to the period of your contract that you have not used.
15. Claims that may involve us
In the event that you have any claim or action against any other member arising from that member's use of our site or the service, you agree to pursue such claim or action independently of and without any demands to us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the site or the service, including any breach by you of these terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
16. Resolving Disputes
We will try to solve any disagreements quickly and efficiently. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
17. Other important terms
These terms are governed by English law.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
The site and the service are intended for and directed at the UK and do not necessarily comply with the regulatory regime and local laws of any other countries.