TERMS OF SERVICE
THESE TERMS OF SERVICE FORM A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND THE OWNERS OF THE PLATFORM (BOTH TERMS DEFINED IN CLAUSE 1 BELOW). THESE TERMS OF SERVICE ARE SUBJECT TO AMENDMENTS AT THE DISCRETION OF THE OWNERS OF THE PLATFORM WITHOUT PRIOR NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. IT WILL BE YOUR RESPONSIBILITY TO CHECK THIS WEBPAGE PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE WITH ANY OF THE CONTENTS OF THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE YOUR ACCESS AND USE OF THIS WEBSITE. BY CONTINUING TO ACCESS AND/OR USE THIS WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED EACH OF THE PROVISIONS OF THE TERMS OF SERVICE.
CONTENTS
1. AGREEMENT
2. REGARDING YOUR RELATIONSHIP WITH THE PLATFORM AND WITH THE COMPANY
3. REGARDING YOUR REPRESENTATIONS AND WARRANTIES
4. REGARDING THE RIGHTS OF THE COMPANY
5. REGARDING CHARGES FOR ACCESS AND USE OF THE PLATFORM
6. REGARDING PURCHASE OF PRODUCTS OR SERVICES ON THE PLATFORM
7. REGARDING OFFERING FOR SALE OF PRODUCTS OR SERVICES ON THE PLATFORM
8. REGARDING THIRD-PARTY ADVERTISEMENTS
9. REGARDING THIRD-PARTY LINKS
10. REGARDING CONTENT AND PRIVACY
11. ACCEPTABLE USE POLICY
12. REGARDING INTELLECTUAL PROPERTY RIGHTS
13. REGARDING DISCLAIMER OF WARRANTIES AND LIABILITY
14. REGARDING RELEASE AND INDEMNIFICATION
15. REGARDING DISPUTE RESOLUTION
16. GENERAL
17. CONTACT INFORMATION
1. AGREEMENT
1.1. This website, mutharaiyaronline.com, is owned and operated by Mr. Rajesh Thangarajan by himself and/or other entities (jointly, the “Company”). Your access and use of this website are governed by these Terms of Service.
1.2. In these Terms of Use, the word “Platform” means and includes this website and any application or service offered by the Company and any communications sent by the Company or by the Platform. The term “you” means any natural, legal, or artificial juridical person who accesses or uses the Platform by themselves or through a representative. The expression “Terms of Service” refer to this document and to all terms, conditions, policies and notices referenced herein or listed on the Platform.
1.3. In these Terms of Service, unless the context otherwise requires, (a) words and expressions (including words and expressions (capitalized or not) defined, given extended meanings or incorporated by reference herein) in the singular include the plural and vice versa (the necessary changes being made to fit the context), (b) words in one gender include all genders and (c) grammatical variations of words and expressions (capitalized or not) which are defined, given extended meanings or incorporated by reference in these Terms of Service shall be construed in like manner.
2. REGARDING YOUR RELATIONSHIP WITH THE PLATFORM AND WITH THE COMPANY
2.1. The Platform intends to allow its members to list their personal and professional requirements to enable them to connect, in good faith, with other members who may be able to fulfil such requirements. Subject to your ongoing compliance with these Terms of Service, the Company grants you a limited use, non-exclusive, non-transferable and terminable license to use the Platform.
2.2. You may browse the Platform without creating an account. However, some of the feature of the Platform may be unavailable to you unless you create an account and thereby become a member. You should not create more than one account on the Platform. At the time of creating your account, you will be required to submit certain information about yourself. It is recommended that you keep your account information current and to follow good password security practices to avoid misuse of your profile. You are solely responsible for the security of your account. Do note that you may be held responsible and rendered liable for any action that results from your account, whether or not such action was with your consent or knowledge. You expressly agree to absolve the Company of any responsibility and liability in this regard.
2.3. The Platform is merely an interface for you to post your requirements; no relationship of an agency or of any other nature is created between you and the Company by reason of your access or use of the Platform. You affirm that your interactions with the Platform are based on your independent diligence and desire. In the event of any dispute that may arise between you and a third-party from your access and use of the Platform, the Company shall not be considered to have abetted, instigated, influenced, or otherwise assisted you or such third-party in respect of such dispute merely by the fact that the Platform facilitated your introduction with such third-party.
3. REGARDING YOUR REPRESENTATIONS AND WARRANTIES
3.1. By accessing and using this Platform, you represent to the Company that:
- You are a member of, or are related to a member of, the Muthuraja Community;
- You are competent to enter into contracts and undertake obligations in your own name;
- You are not disqualified by contract, law or custom from accepting these Terms of Service;
- Your decisions concerning your interactions over the Platform are based on your independent diligence and willingness; no inducement has been offered to you by the Company to access, use, or transact over the Platform.
3.2. By accessing and using this Platform, you warrant to the Company that:
- You will comply with the provisions of these Terms of Service in letter and spirit;
- Your interactions with the other users of the Platform will be professional and cordial;
- You will cooperate with the Company in respect of all reasonable requests made to you.
4. REGARDING THE RIGHTS OF THE COMPANY
4.1. The Company reserves all rights in the Platform. Without limitation, the Company may do all or any of the following without the need to provide prior intimation to you:
- Change the purpose, content, features, membership criteria, and Terms of Service of the Platform;
- Suspend, curtail or terminate your access of the Platform, temporarily or permanently;
- Report you and your Internet Protocol address (IP address) to law enforcement authorities.
4.2. The Company shall not be obligated to offer reasons for its decisions or actions.
5. REGARDING CHARGES FOR ACCESS AND USE OF THE PLATFORM
5.1. The Platform is provided free of charge for access by and use of its members.
5.2. The Platform and the Company shall not contact you to solicit payments. You are cautioned against making any payments for the access and/or the use of the Platform to any person or entity claiming to represent the Platform or the Company.
6. REGARDING PURCHASE OF PRODUCTS OR SERVICES ON THE PLATFORM
6.1. The Platform permits a visitor to view the details of the products and services which are enlisted by registered users. Such products or services may be offered on the basis of certain specific terms and conditions. You must read the product or service description and the terms of their offer carefully before making a payment.
6.2. The Platform does not, by itself, offer for sale or facilitate the sale of any product or service. The Platform does not review, moderate or audit the contents, quality, authenticity or terms of offer of the products or services. The enlisting of a product or a service on the Platform should not be considered to be an endorsement or a recommendation of such product or service by the Platform or by the Company.
6.3. Payments in respect of a purchase are to be made directly to the concerned seller. It is the responsibility of the purchaser and the seller of any product or service to ensure that the sale is in conformance with the provisions of the applicable law, including, without limitation, the applicable taxation laws. The Company expressly disclaims all and any obligation and any liability in this respect.
7. REGARDING OFFERING FOR SALE OF PRODUCTS OR SERVICES ON THE PLATFORM
7.1. If you are listing your products or services on the Platform, you must provide complete details of the scope of your concerned services or products (inclusions, exclusions, price, terms of delivery, manner of payment, disclaimers, etc.) with each listing.
7.2. You must not sell any product or provide any service that is illegal, unlawful, or immoral in India and in the other concerned jurisdictions, or which promote hatred, intolerance, discrimination, or violence. Examples of such products and services are animals and livestock, counterfeit goods, weapons, drugs, medicines, articles with sexual content or intended for sexual gratification, occult and black magic services, adult entertainment and adult social club services, hacking and sale of hacked accounts services, fake documentation services, academic cheating services, etc.
7.3. You agree that the Platform is merely a listing service and the Company does not make any assurances regarding the sale of the products and services listed by you or regarding the full and timely payment of the consideration thereof.
8. REGARDING THIRD-PARTY ADVERTISEMENTS
8.1. The Platform will display advertisements for third-parties who are registered users and may contain links to third-party websites. The Company provides access to these third-party advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party advertisements. The Company does not control or moderate the content of such third-party advertisements and is not responsible for any actions that you may take based on such advertisements. You use all third-party advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so.
9. REGARDING THIRD-PARTY LINKS
9.1. The Platform may contain third-party links, which may direct you to third-party websites that are not affiliated with the Platform. The Company is not responsible for examining or evaluating the content or accuracy and it does not warrant the genuineness of any third-party links, domain names, materials, websites, products, or services. The Company will not have any obligation or liability in this respect.
9.2. The Company is not liable for any damage, loss, harm or detriment caused to you because of or which is related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. REGARDING CONTENT AND PRIVACY
In these Terms of Service, the term “content” refers to any personal information, contact details, photographs and other material that you provide at the time of creating your account or which you upload to the Platform from time to time, including any listing, comment, suggestion, feedback, and review made by you.
10.1. By posting any content on the Platform, you represent that you hold all the rights and licenses that are necessary to enable you to so post the content. It is solely your responsibility to ensure that the content posted by you does not infringe on the privacy of or otherwise violate a legal right (including the right to privacy) of a person, a group of persons, or an artificial juridical person.
10.2. By posting any content on the Platform, you confirm that the content so posted is in compliance with the Acceptable Use Policy.
10.3. By posting any content on the Platform, you grant to the Company a worldwide, perpetual, non-exclusive, irrevocable, and royalty-free right and license to host, store, process, use, publish and publicly display the content so posted by you and to create derivative works therefrom. You acknowledge that unless you delete the content before the deactivation of your account, the content posted by you may remain on the Platform even after the deactivation of your account.
10.4. You acknowledge that digital content, once uploaded on any website, is liable to be stored, copied, and reproduced by third-parties without the permission of the uploading party or the concerned website. The
10.5. For your use of the features of the Platform, you may be required to provide your identity and contact details to a third-party. For example, in order to purchase a product enlisted on the Platform, you may be required to provide your name, phone number, and shipping information to the seller of the product. You may share such information at your own discretion; the Company shall not be responsible for consequences arising therefrom.
11. ACCEPTABLE USE POLICY
11.1. You may use the Platform, after due consideration, to enlist your requirements and offerings and to connect with other users offering products and services that you may require.
11.2. You shall not use the Platform to do any of the following activities, viz.: (a) to upload, transmit, or distribute to or through the Platform, any software code intended to damage or alter a computer system, data, or the Platform; (b) to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (c) to harvest, collect, gather or assemble information or data regarding other users without their consent; (d) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (e) to gain unauthorized access to the Platform, whether through password mining or any other means; (f) to harass or interfere with any other user's use and enjoyment of the Platform; (g) to use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, listings or queries to the Platform; (h) to carry out an unlawful, illegal, obscene or immoral purpose; (i) to solicit others to perform or participate in any unlawful acts; (j) to violate or bypass any regulations, rules, laws, or ordinances or obligations or restrictions imposed by any third party; (k) infringe upon or violate the Company's intellectual property rights or the intellectual property rights of any third-party; (l) to spread information that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (m) to submit false or misleading information; (n) to collect or track the personal information of a third-party; (o) to spam, phish, pharm, pretext, spider, crawl, or scrape; (p) to interfere with or circumvent the security features of the Platform.
11.3. The Platform contains proprietary and confidential information and you agree that you will not, either directly or indirectly (a) store, reproduce, modify, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform and (c) use the Platform for commercial purposes that are not contemplated by these Terms of Service.
11.4. The Company reserves the right, without obligation, to review any content, and to investigate and to take appropriate action against you if, in its sole determination, you violate the Acceptable Use Policy or any other provision of these Terms of Service. Such action may range from providing a warning to removal of the content posted by you to terminating your IP address to reporting you to law enforcement authorities and pursuing your prosecution under the applicable laws.
11.5. If you provide the Company with any feedback or suggestions regarding the Platform, you hereby assign to the Company all rights in such feedback and agree that the Company shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate without any compensation to you. The Company may treat any feedback you provide as non-confidential and non-proprietary.
12. REGARDING INTELLECTUAL PROPERTY RIGHTS
12.1. Excluding any content that you may provide, all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and the content contained in it are owned by the Company or by their respective registered intellectual property right holders. These Terms of Service, the limited license granted hereunder, and your access and use of the Platform do not give you any rights, title or interest in or to any intellectual property rights. The Company reserves all rights not expressly granted under these Terms of Service.
12.2. The Company respects the intellectual property owned by it and by third-parties. The Company has a zero-tolerance policy for intellectual property violation and will promptly remove all infringing materials upon being informed. Additionally, the Company may take such further action as it considers necessary (including pursuing legal action against the infringing person) in respect of those persons who violate intellectual property rights, including copyrights.
12.3. You may bring an incidence of infringement of your intellectual property to the Company’s notice by sending a takedown notice on the email address specified at the end of these Terms of Service. To do so, please provide a notice of copyright infringement containing all of the following information to the Company: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material on the Platform that is claimed to be infringing or to be the subject of infringing activity; (d) the address, telephone number or e-mail address of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
12.4. You may note that a copyright owner or its designated agent who makes misrepresentations with regards to the copyright infringement may be liable for damages incurred as a result of removing or blocking the alleged copyrighted work.
13. REGARDING DISCLAIMER OF WARRANTIES AND LIABILITY
13.1. You understand and agree that the Company provides the Platform on 'as-is' 'with all faults' and 'as available' basis. You agree that Company will have no obligation to provide you with any support in connection with the Platform. You agree that use of the Platform and the listings thereon is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company, whether express or implied, and the Company expressly disclaims any and all representations and warranties as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose; (b) that your access and use of the Platform will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected; (c) the quality of any services, content, information, data, or other material on the Platform will meet your expectations or requirements; (d) any errors in the Platform will be corrected; (e) warranties against infringement of any third-party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
13.2. The Company does not warrant that any of the software used and or licensed in connection with the Platform will be compatible with other third-party software or devices, nor does it warrant that operation of the Platform and the associated software will not damage or disrupt other software or hardware.
13.3. THE COMPANY, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) SHALL NOT BE LIABLE, AT ANY TIME FOR ANY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PLATFORM OR AND THE LISTINGS THEREON, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
13.4. IT IS EXPRESSLY UNDERSTOOD BY YOU THAT THE PLATFORM AND THE COMPANY CANNOT AND WILL NOT ASSIST YOU IN RESOLVING A DISPUTE ARISING FROM YOUR ACCESS AND USE OF THE PLATFORM.
13.5. YOU UNCONDITIONALLY ACKNOWLEDGE THAT THERE IS NO RIGHT OF RELIEF THAT YOU HAVE AGAINST THE PLATFORM IN ALL CASES AND THE COMPANY AND THEREFORE, THE PLATFORM AND THE COMPANY CANNOT BE IMPLEADED AS A PARTY TO A SUIT INVOLVING A TRANSACTION CONDUCTED OVER THE PLATFORM OR RELATING TO SUCH TRANSACTION.
13.6. IF YOU IMPLEAD THE PLATFORM OR THE COMPANY AS A PARTY TO A SUIT, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE PLATFORM OR THE COMPANY, AS THE CASE MAY BE, WHICH SHALL BE ENTITLED TO AVAIL SUCH LEGAL REPRESENTATION AS IT MAY INDEPENDENTLY DEEM APPROPRIATE AND NECESSARY. YOU AGREE THAT THE COSTS OF SUCH LEGAL REPRESENTATION SHALL BE BORNE SOLELY BY YOU AND SHALL BE PAID FORTHWITH BY YOU UPON FIRST DEMAND MADE UPON YOU IN THIS RESPECT.
13.7. In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding a sum of Rs. 100/- (Rupees One Hundred) per user making the claim and Rs. 1,000 (Rupees One Thousand) in the aggregate.
14. REGARDING RELEASE AND INDEMNIFICATION
14.1. You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and advocate's fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms of Service, (c) your violation of applicable laws or regulations, (d) the content posted by you, (e) your interaction with other users of the Platform. The Company reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with the Company’s defence of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14.2. You hereby waive any right to participate in class actions.
14.3. You agree to release the Company, its officers, employees, agents and third-party associates from all claims and demands arising out of your interactions with third-parties introduced to you over the Platform.
15. REGARDING DISPUTE RESOLUTION
15.1. You agree that all disagreements, claims, disputes or objections against the Company that arise from your use of the Platform which cannot be resolved through discussions shall be referred to arbitration.
15.2. The arbitration shall be conducted in English under the Arbitration and Conciliation Act, 1996 (as may be re-enacted) through a sole arbitrator. The seat of the arbitration shall be at Chennai.
15.3. The arbitrator shall be chosen jointly by you and the Company. If an arbitrator is unable to be chosen by this method within a period of 30 days from the first intimation of the dispute, any or both of you and the Company may apply to the Madras High Court for such appointment.
16. GENERAL
16.1. Translation. These Terms of Service have been drafted in English and may be translated into other languages. In case of any inconsistencies among any two versions of these Terms of Service, the English version of these Terms of Service shall prevail.
16.2. Notices. Notices to the Company may be sent to the details provided at the bottom of these Terms of Service. The Company may provide notices to you over email and/or by registered post at the address provided to the Company at the time of registration of your account or at any time thereafter.
16.3. Entire Agreement, No Waiver. These Terms of Service, along with all terms, conditions, policies and notices referenced herein or listed on the Platform constitute the entire agreement between you and the Company and, unless specifically and expressly stated by the Company, supersedes all prior understanding. Any failure or leniency by the Company in exercising or enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right.
16.4. Severability. In the event of any portion of these Terms of Service being determined to be unlawful or unenforceable, the remaining portions of these Terms of Service shall remain in full force and effect. Notwithstanding such a determination, you agree that such provisions shall be enforceable to the fullest extent permitted by applicable law.
16.5. Termination. Upon the deletion of your account and the cessation of your access to and use of the Platform, these Terms of Service shall stand terminated. Such termination shall not affect any obligations incurred prior to such termination; these obligations shall survive and remain effective and enforceable.
16.6. Governing Law; Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India. All disputes arising out of these Terms of Service shall be subject to the jurisdiction of the courts at Chennai.
17. CONTACT INFORMATION
To report any abuse of laws or breach of these Terms of Service or to make any complaints or share feedback, please get in touch with the designated grievance redressal officer on the following details by post or by email.
To the Grievance Officer, Mutharaiyaronline.com
Address: 5010 Grove West Blvd, Unit 2310, Stafford, TX 77477, USA
Phone: +1 312-731-2303
Email: