Welcome to My Modern Rishta (hereinafter referred to as MMR), operated by Mobikasa Pvt. Ltd. (“us,”, “our”, “we,” the Company” or “MPL”).
General Terms for Use of Agreement
MMR might change this Agreement and the Services from time to time. We may do this for a variety of reasons including, but not limited to, changes in or requirements of the law of the land, new features, or changes in business practices, community opinions etc. The most recent version of this Agreement shall be available at www.mymodernrishta.com/termsofuse, and you should regularly check for the most recent version. The most recent version is the version that shall be considered as accepted by the MMR. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with MMR, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
You must have a verified active account of Facebook and atleast 18 years of age to create an account on MMR and use the Service. By creating an account and using the Service, you represent and warrant that:
You are responsible for maintaining the confidentiality of your login credentials that you used to sign up for MMR and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com
Mode of Conduct
The MMR platform strives to encourage a respectful user experience through features like mobile verification, allowing users to communicate only if they have both indicated interest in one another, etc. It is made clear hereinafter that MMR is not responsible for the conduct of any user on or off the MMR Platform. You agree to use personal caution while interacting with other users, particularly, if you decide to communicate off the Service, use another interacting platforms (like phone calls, text messages etc.) or meet in person. In addition, you agree to review and follow the safety tips as specified at MMR website/app prior to using the Service.
You further agree that you shall not share your financial information AT ANY COST (for example, your credit card, UPI or bank account information), or wire or otherwise send money, to other users. MMR shall neither take any responsibility nor be made party in any of such actions or transactions anytime, anywhere, whatsoever.
This is further made clear that you shall be solely responsible for your interactions with other users. You understand that MMR does not and shall not conduct any criminal background checks on every user or otherwise inquire into the background of its users, except as required by law, any public authority, Court Order and in special circumstances. MMR makes no representations or warranties as to the conduct of users.
Rights of the User
MMR grants its every user a personal, worldwide, royalty-free, non-assignable, non- exclusive and revocable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by MMR and permitted by this Agreement. Therefore, you agree not to:
In case, of violation of any of the terms mentioned in this clause, MMR shall have all rights to investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account, initiating criminal or civil legal actions before appropriate authority.
Rights of MMR
Upon creating an account on MMR website/application, the user grants a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). MMR’s license to the information provided by the user shall be non-exclusive, except that MMR’s license shall be exclusive with respect to derivative works created through use of the Service. In addition, so that MMR can prevent the use of your Content outside of the Service, you authorize MMR to act on your behalf if your data has been misused through the services of MMR by other users or any third parties. This expressly includes the authority, but not the obligation, to send notices or initiate any legal proceedings on your behalf, without making you a party, if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other MMR users).
You further agree that all information that you provide by creating an account on MMR, including information submitted from your Facebook account, is true and correct. If at any stage, MMR finds that such information provided by you are incorrect, MMR may seek action against such misrepresentation, including but not limited to taking down your account.
You understand and agree that MMR may monitor or review any Content you post as part of a Service and safety. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for MMR allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may add advertisements on the MMR platform. However, MMR shall not be responsible for the further dealing through those advertisements. In addition, MMR reserves right to use and share the feedback response as submitted by the user on MMR Feedback or suggestions section.
You agree that MMR may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Service, you agree that you shall not:
MMR reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that MMR regards as inappropriate or unlawful, including actions or communications that occur on or off the Service platform.
Updates and Modifications
MMR is always striving to improve the Services and bring the user additional functionality that shall be more efficient and useful. This means that MMR may add new product features or enhancements from time to time as well as remove certain features. It is further specified that if such updates and modifications do not materially affect any specific consumer’s rights or obligations, MMR may not provide you with notice before taking them. MMR might even suspend the Services entirely, in which event we will notify you in advance unless force majeure circumstances, such as safety or security concerns, govt. laws etc., prevent us from doing so.
The software/application of MMR may automatically download and install upgrades, updates, or other new features. You may manage these automatic downloads through your device’s settings.
You may delete your account at any time, for any reason, from “App Setting”.
Third Party Content
Without prejudice, it is agreed that MMR shall review and remove the Content that violates this Agreement; however, MMR shall not guarantee that there shall be no such content on the platform. It is clarified that plethora of the content shall be uploaded at the same time and if in any case, there MMR fails to remove such content, the user may report it within the Service.
Premium Account Services
From time to time, MMR may offer products and services for purchase (“in-app purchases”) through Apple Play store or Google Play for direct billing or other payment platforms authorized by MMR. If you choose to make an in-app purchase, you shall be prompted to confirm your purchase with the applicable payment provider, and your purchases shall be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your purchase, and you authorize MMR or the third party account, as applicable, to charge you accordingly.
If you select an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you specifically cancel such subscription. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription shall automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you shall need to log in to your third party account (or Account Settings on MMR) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MMR application from your device. Deleting your account on MMR or deleting the MMR application from your device prior to end of subscription period shall be deemed to be cancellation of your subscription. MMR shall not be liable for any refund for such cancellation of the subscription prior to the prescribed period. In addition, if you cancel your auto-recurring subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting MMR app. If any payment is not successfully settled due to session expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
It is further clarified that you shall not receive any refunds for any reason, including but not limited to unused period of subscription, unused virtual items provided in the paid subscription, wrongful payment etc. when an account is closed, whether such closure was voluntary or involuntary.
Intellectual Property Rights (IPR)
If you believe that your work has been copied and posted on the Service in a way that constitutes any form of IPR infringement, please provide our Customer Support Centre at firstname.lastname@example.org the following information:
Notice of claims of copyright infringement should be provided to the Company’s via email to email@example.com.
Without prejudice, it is made clear that MMR provides the service on an “as is” and “as available” basis to the extent permitted by applicable laws that grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all data contained therein), without limitation to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. MMR does not represent or warrant any interruption, secure, accurate or error free services.
MMR takes no responsibility for any content that you or another user or third party posts, sends or receives through the service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
MMR disclaims and takes no responsibility for any conduct of you or any other user, on or off the service.
Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to web sites or resources of the Third Party. MMR shall not be responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. MMR shall not be responsible or liable for such third parties’ terms or actions.
Limitation of Liability
As to the fullest extent permitted by applicable laws, in no event shall MMR, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the service; (ii) the conduct or content of other users or third parties on, through or following use of the service; or (iii) unauthorized access, use or alteration of your content, even if MMR has been advised at any time of the possibility of such damages. Notwithstanding the foregoing, in no event shall MMR’s aggregate liability to you for any and all claims arising out of or relating to the service or this agreement exceed the amount paid, if any, by you to MMR during the twelve (12) month period immediately preceding the date that you first file a lawsuit, arbitration or any other legal proceeding against MMR, whether in law or in equity, in any tribunal. The damages limitation set forth in the immediately preceding sentence applies (i) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise), (ii) irrespective of the type of breach of obligations, and (iii) with respect to all events, the service, and this agreement.
The limitation of liability provisions set forth in this section 14 shall apply even if your remedies under this agreement fail with respect to their essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
MMR may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you shall not be entitled to any refund for purchases.
Except where prohibited by applicable laws:
Notice of claims of copyright infringement should be provided to the Company’s via email to firstname.lastname@example.org or via mail to the following address:
Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless MMR, our affiliates, their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.