These Terms of Use, along with the privacy policy located at https://mothermonials.com (together referred to as "Terms of Use"), is a binding agreement between Bennett, Coleman and Co. Ltd. ("BCCL"/ "we"/ "us"/ "our"/"Company") and the user (“User"/"you"/""your") of the site and print https://mothermonials.com which is operated and maintained by BCCL. These Terms of Use are an electronic record under Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws:
- Your access to the site and print is subject to these Terms of Use, which may be modified / updated from time to time by BCCL. It would be the exclusive responsibility of the User alone to keep informed as to any changes in the Terms of Use and continued usage of the site and print shall be deemed as acceptance to the modified Terms of Use.
- You agree to be bound by the terms of these Terms of use. If the User is below 18 years of age, the User represents that he/she/they have permission from their parents/guardians to visit this site and print and to be bound by these Terms of Use. By visiting this site and print and accepting these Terms of Use, you represent and warrant to BCCL that you have the right, authority and consent / capacity to use the site and print and agree to and abide by these Terms of Use. You also represent and warrant to BCCL that you will use the site and print in a manner consistent with any and all applicable laws and regulations.
- Certain areas of the site and print may have different terms of use, which may be highlighted / posted at appropriate section. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the site and print, the applicable portion of the latter shall have precedence with respect to your use of that area of the site and print.
- While accessing the site and print, the User may choose to share and upload their photograph/information/description/content in the provided sections.
- The description words on the site and print are only provided as suggestions and you may use any other description/key word to describe qualities. Once the advertisement draft has been generated, the User will have an option to choose from one of the following options:
- Publish it as a part of a compilation of advertisement by Dove as "Mothermonial advertisements”.
- Publish the draft as a matrimonial advertisement in the Times of India’s Matrimonial page.
- If you choose option 1, the advertisement shall be published at Dove's/HUL's discretion and your shared information may be available with them.
- Advertisements generated by you will become a part of a repository which can be searched on this website and print using the keywords you have selected or used.
- You may choose to give your personal information; however, it is advisable that you provide your name /initial along with your phone number, so that interested people may contact you. All personal information including the name, mobile number, and/or photograph, as uploaded by the User, shall be subject to privacy policy of the site and print available at www.mothermonials.com
- No material from the site and print may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from BCCL. All rights not expressly granted herein are reserved. Unauthorised use of the materials appearing on the site and print may violate copyright, trademark and other applicable laws, and could result in criminal or civil action/penalties. The User is granted a non-exclusive, non-transferable, personal, limited right to access the site and print as-is, with no warranties on accuracy from BCCL.
- Prohibited Activities/ Restrictions - The User shall not host, display, upload, modify, publish, transmit, update or share any information on the site and print, that:
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- names or defames or brings in poor light any person or organisation;
- harms minors in any way;
- infringes any trademark, copyright or other proprietary rights of any person or organisation;
- violates any law for the time being in force;
- deceives or misleads or communicates any information which is grossly offensive or menacing in nature;
- misuses the site and print by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications related to the site and print.
- allows access to the site and print through any illegal means. Including any misdirection / misinformation.
- BCCL may monitor User’s access to the site and print and if any such access or activity is considered to be in breach of these Terms of Use, BCCL at its sole discretion may disable User's access to the site and print or any part thereof at any time without any notice.
- BCCL does not warrant that the site and print will operate error-free or that the site and print and its servers are free of computer viruses or other harmful mechanisms. BCCL to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. BCCL makes no warranties about the accuracy, reliability, completeness, or timeliness of the site and print’s content, services, software, text, graphics, and links.
- Under no circumstances will BCCL or its affiliates be liable in any way for any photograph/content uploaded on the site and print, including but not limited to any inaccurate, false, erroneous, incomplete content, or any part there which may infringe other’s rights (including intellectual property rights, reputation, privacy), or for any related loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the site and print. Further, under no circumstances shall BCCL be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other cyber crimes. In no event shall BCCL be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the site and print, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the site and print.
- User agrees to indemnify and hold BCCL, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of User’s use of, or conduct, or uploading of content/photograph on the site and print. BCCL reserves the right to disclose any personal information about the User and their use of the site and print including its contents, without User’s prior permission, if BCCL believes in good faith that such action is necessary to:
- conform to legal requirements, or comply with legal process or applicable authority/court orders;
- protect and defend the rights or property of BCCL or its affiliated companies; and / or
- enforce the Terms of Use;
- If the site and print provides links to website and prints and access to any services from third parties, the User agrees that BCCL is not responsible for the availability / links of or to such third-party website and prints. The User is requested to peruse the policies posted by other website and prints regarding privacy and other terms before use. BCCL is not responsible for third-party content accessible through the site and print, including opinions, stories, advice, statements and advertisements, and User shall bear all risks associated with such use of third-party website and print(s). BCCL is not responsible for any loss or damage of any sort which User may incur from dealing with any third-party. BCCL makes no warranty or representation regarding, and does not endorse, any linked third-party website and prints or the information appearing thereon or any of the products or services described thereon. Links do not imply that BCCL or the site and print sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site and print is authorized to use any trademark, trade name, logo or copyright symbol of BCCL or any of its affiliates or subsidiaries.
- BCCL shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the site and print, or materials uploaded/advertised on the site and print, by end users or any other third parties.
- Report abuse / Grievance redressal / update: In the event you have any grievance in relation to any content uploaded on the site and print, or if you wish to report any related abuse, or you wish to update your uploaded photograph/content, you may contact our Grievance Officer, at naresh.kothari@timesgroup.com.; or write to Grievance Officer at the following address: Times of India Building, Dr. D.N. Road, Mumbai- 400 001
- For information about data protection practices, please read our privacy policy which is incorporated by reference into these Terms of Use. The Privacy policy explains how BCCL treats User’s personal information, and protects your privacy, when you use the site and print.
- Miscellaneous
- These Terms of Use shall be governed by the laws of India. Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms of Use.
- These Terms of Use contain the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein.
- If any portion of these Terms of Use is held invalid or unenforceable by a competent judicial authority, such portion will be construed as deleted, and the remaining portions will remain in full force and effect.
- Provisions of these Terms of Use shall be applicable in perpetuity and shall govern the User’s use and access to the site and print.