This document is an electronic record in terms of the Information Technology Act, 2000 and rules there pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of “KAOCA Sangam” (the "Website").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IMPLIES YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS ("Agreement"). If you do not want to be bound by the Terms and Conditions, you must not use the KAOCA Sangam Services. The Terms and Conditions also includes the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
In these Terms, references to "KAOCA Sangam member" shall mean the end user accessing the Website services, its contents or using the KAOCA Sangam Services offered. KAOCA Sangam members also include persons such as father, mother, brother, sister, relative or a friend ("Registrant") of the prospective bride/ bridegroom. The terms "You" and "User" shall be interchangeably used for "KAOCA Sangam member” .
Scope
You understand and acknowledge that KAOCA Sangam acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. KAOCA Sangam is a non-profit and voluntary initiative started by KAOCA (Konkani Association of California) and owns, retains and has complete rights in KAOCA Sangam and the KAOCA Sangam Website/App/KAOCA Sangam Service.
KAOCA Sangam acts as a platform to enable any user to themselves register on it (by filling the mandatory fields and optional fields, if any) for seeking prospective lawful matrimonial alliances for themselves. KAOCA Sangam services may also be able to assist you to create your profile, however, you must have a valid/operational phone number and an email id. KAOCA Sangam Members are provided free access to matching profiles from the database of KAOCA Sangam.
1. Eligibility :
A) KAOCA Sangam Membership and rights of admission is reserved solely for :
I. Konkani speaking individuals
II. Individuals coming from Konkani families.
B) Further in capacity as KAOCA Sangam member you confirm that you are :
I. 18 years or above (if you are a woman) or 21 years or above (if you are a man);
II. If you are a resident of any other Country, you are legally competent to marry as per the local rules applicable to your country and you shall comply with the local laws for marrying a person.
C) In case you are a Registrant of the prospective bride/ bridegroom and has created profile in KAOCA Sangam Website/App on behalf of them or is accessing the KAOCA Sangam Website/App on behalf of them implies that you have taken their consent for their profile creation in KAOCA Sangam and for accessing the KAOCA Sangam Website/App.
2. Registration
A. We expect that you would complete the online registration process with fairness and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you which will help you to meet your parameters. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You are requested not to key in details of the profile in the field other than the applicable field (including mentioning id's of other platforms/websites/App or repeating your details in other fields), after filling them once in the relevant fields or photographs. In order to serve you better if KAOCA Sangam requires additional details you agree to provide it.
B. If at any point of time KAOCA Sangam comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete,KAOCA Sangam shall have full right to suspend or terminate (without any notice) your KAOCA Sangam membership and refuse to provide KAOCA Sangam service to you thereafter.
C. KAOCA Sangam also reserves the right to block the registration of your profile on Website/App, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in any data entered by the KAOCA Sangam members in their profile.
D. Registration of duplicate profiles of the same person is not allowed in KAOCA Sangam Website/App. KAOCA Sangam shall have full right to suspend or terminate (without any notice) such duplicate profile.
E. You acknowledge and confirm that your registration with KAOCA Sangam and the usage of KAOCA Sangam services is with the bonafide intention of marriage and not otherwise. KAOCA Sangam Membership is restricted strictly to the registered KAOCA Sangam individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of KAOCA Sangam nor use the KAOCA Sangam Service or KAOCA Sangam members data for any commercial purpose, and KAOCA Sangam reserves its right to initiate appropriate legal action for breach of these obligation. KAOCA Sangam is a free, voluntary service offered to Konkani families.
3. Account Security
You are responsible for safeguarding the confidentiality of your KAOCA Sangam login credentials such as your user id, password, etc., and for restricting access to your computer/mobile to prevent unauthorized access to your account. KAOCA or KAOCA Sangam do not ask for Password and you are cautioned not to share your password with any persons.. You agree to accept responsibility for all activities that occur under your account.
4. Role and Responsibility of KAOCA Sangam
A. KAOCA Sangam reproduces your details once you register on our website /App on "as is as available" basis and also share your profile with other registered KAOCA Sangam members.
B. KAOCA Sangam's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance.
C. KAOCA Sangam does not prohibit any KAOCA Sangam member from sending interest to your profile or communicating to you based on their partner preference. But you are at the liberty to deny their interest or proceed further if you are interested.
D. KAOCA Sangam cannot guarantee or assume responsibility for any specific results from the use of the data available from the KAOCA Sangam service.
E. KAOCA Sangam cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the KAOCA Sangam servers.
H. KAOCA Sangam will only verify that each KAOCA Sangam member is a Konkani or comes from a Konkani family. KAOCA Sangam does not authenticate/endorse any information of any profile and hence you as a user need to verify the credentials and information provided by other users.
5. Role and Responsibility of KAOCA Sangam Member
A. You shall safeguard your profile information by creating a strong password during profile creation with combination of alphabets, both upper and lower case and numbers.
B. Any information / data required by KAOCA Sangam for using the KAOCA Sangam services shall be provided by the KAOCA Sangam Member, as and when so sought by KAOCA Sangam.
C. You are requested to verify the credentials of the prospect, exercise due care and caution regarding their profile information which includes marital status, educational qualifications, financial status, occupation, character, health status, etc. and satisfy yourself before making a choice of your match. KAOCA Sangam shall not be liable for short coming due to any misrepresentations made by any of its KAOCA Sangam members.
D. You are required to verify the credentials of the prospect and we shall not be liable for any misbehavior/ misrepresentations made by the Prospect to you during any of your interactions with the Prospect(s).
E. To get better search results, KAOCA Sangam Members are expected to provide the latest photograph which should not be more than 3 (three) months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and KAOCA Sangam shall retain their right to terminate their membership and profile.
F. KAOCA Sangam Members are advised to refrain from :
i. Entering into any financial transactions with prospects. KAOCA Sangam Members shall not seek financial help or provide financial help from / to the other KAOCA Sangam Members
ii. Using abusive language when they communicate with the other KAOCA Sangam Members
iii. being discriminative or using racial comments etc.
iv. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
v. Entering into a physical relationship with any prospect before marriage.
vi. violating any law for the time being in force.
vii. From mentioning details of other matrimonial services while sending personalized messages
G. KAOCA Sangam Members are expected to be cautious of prospects who ask for favors, money etc or call from multiple phone numbers, only interact over phone, don't come forward for face to face meetings (physically or through video calls) and don’t involve family and friends in match making. Beware of suspended profiles status before you finalize an alliance with the prospect.
H. You also agree that while accessing / using the Website/App, you will be bound by the terms and conditions of the Website/App including but not limited to the use of feature of website /App like chat instantly with prospect, viewing horoscope of prospects, enhancing privacy settings (photo/horoscope/phone number) or for viewing social and professional profile of members on their Facebook, LinkedIn, etc.
I. If the KAOCA Sangam Member fails to update in KAOCA Sangam website/App, any change in the particulars furnished in their profile/ then the KAOCA Sangam membership may be suspended by KAOCA Sangam at its sole discretion.
J. KAOCA Sangam member shall, in case of finalization of his/her/their Registrant’s marriage, delete their profile by themselves or intimate KAOCA Sangam for removal/deletion of their profile.
K. KAOCA Sangam Members agree to use secure devices, software and networks in a private place for accessing the KAOCA Sangam services.
L. KAOCA Sangam member shall not use any kind of Bots like web robots, Chatbot or any other automated processes/programs/scripts to use, communicate or respond in KAOCA Sangam Website/App.
M. KAOCA Sangam Members shall not probe, scan or test the vulnerabilities of the KAOCA Sangam Website/App or any network connected to the Website/App nor breach the security measures instituted by KAOCA Sangam.
N. You shall not make any payment / transfer any amount to account of any KAOCA volunteers.
O. KAOCA Sangam members are expected to approach the KAOCA committee to resolve their complaints and grievances and shall not air their grievances/complaints in social media.
6. Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact us:
Email ID : kaocasangam@gmail.com
7. Medium of Communication to KAOCA Sangam Members
A. KAOCA Sangam member hereby consents for receiving communication through any medium of communications such as electronic mails, calls, SMS or through Whatsapp messages from KAOCA.
B. KAOCA Sangam by its automatic system sends to its member (s) profile (s) of the prospect by way of images/ documents/ messages / links. KAOCA Sangam member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. KAOCA Sangam Member further confirms that even if KAOCA Sangam Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from KAOCA Sangam either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.
8. Confidentiality
Any feedback you provide to KAOCA Sangam shall be deemed to be non-confidential. KAOCA Sangam shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) KAOCA Sangam member is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from KAOCA Sangam for the feedback under any circumstances.
9. Privacy of Membership
To protect your privacy and understand our practices as amended from time to time , please read and follow our Privacy Policy which also governs your visit to KAOCA Sangam, the personal information / data provided to us by you during the course of usage of KAOCA Sangam will be treated as confidential and in accordance with the Privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
10. Disputes between Members
A. KAOCA Sangam Members are solely responsible for the communications (through any medium) with prospect or vice versa. KAOCA Sangam expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any KAOCA Sangam members inter se via e-mail, chat, interaction, Whatsapp or any other medium of communication between KAOCA Sangam members either using website /App or otherwise.
B. KAOCA Sangam has no obligation to monitor any such disputes arising between the KAOCA Sangam members, and KAOCA Sangam shall not be party to any such dispute/litigation etc.
C. KAOCA Sangam is not a broker or the agent of any KAOCA Sangam member, and KAOCA Sangam does not partake in the exchange of any kind of discussion between the KAOCA Sangam members and prospects or the results of their discussion.
12. Content Right
A. You acknowledge that you alone are responsible and liable for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the KAOCA Sangam profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by KAOCA Sangam members) with other member(s).
B. You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to KAOCA Sangam, you hereby grant KAOCA Sangam a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the KAOCA Sangam's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels.
C. While KAOCA Sangam does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms and conditions, KAOCA Sangam may delete the content/information and / or terminate or suspend your registration. You agree that if the situation warrants KAOCA Sangam may at its sole discretion put restriction on any KAOCA Sangam member to other member's communications.
D. KAOCA reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.
14. Limitation of liability
A. KAOCA / KAOCA Sangam or its Office bearers shall under no circumstances be liable or responsible to the KAOCA Sangam member or his/her authorized Representative or Registrant or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our Website/App/Third Party Website/ KAOCA Sangam services.
B. KAOCA Sangam informs you that the exchange of profile(s) through or by KAOCA Sangam should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the KAOCA Sangam member, from/ or by KAOCA Sangam.
15. KAOCA / KAOCA Sangam will not be liable in case of any wrong/improper match made due to unavailability of profiles from KAOCA Sangam.
16. KAOCA / KAOCA Sangam or its office bearers shall under no circumstances be liable, if any, for the KAOCA Sangam member entering into financial transactions with any other KAOCA Sangam Member or any third party.
17. KAOCA / KAOCA Sangam or its office bearers shall under no circumstances be liable, if any, for any KAOCA Sangam members not responding/reciprocating when you approach them for matrimonial alliance.
18. Class Action Suits
You acknowledge and confirm that you will not bring or participate in any class action or other class proceeding in connection with any dispute with KAOCA Sangam. Further neither you nor KAOCA Sangam agrees to class arbitration.
19. General
In the event you file a false complaint against another prospect on our Website /App and consequently we have suspended/deleted that prospects profile based on your complaint, then we reserve our right to initiate appropriate legal (Civil/Criminal) action against you and claim any and all costs expenses from you, for such irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right to suspend your profile without notice.
20. Notwithstanding anything contained herein, KAOCA Sangam reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on KAOCA Sangam/website/App (once such instance come to KAOCA Sangam notice) in order to ensure, that proper consent has been obtained by you , prima facie accuracy and the prevailing laws in force for the time being, especially those relating to providing any obscene, libelous, blasphemous, slanderous, defamatory or invasive of another person’s (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality, gender or otherwise unfit for reproduction; or suggests or encourages unfair or illegal /indecent, unlawful activity. KAOCA Sangam also reserves the right to block/ delete / suspend the profile which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered prospects or using our KAOCA Sangam website/App as a means of communication while sending messages to other KAOCA Sangam members regarding their profile identity in other matrimonial websites.
21. Once your profile is removed by you or deleted by KAOCA Sangam for some reason, you cannot access the already viewed KAOCA Sangam member(s) contact information unless you re-register again.
22. In case of conflict between the terms and condition of Website/App and terms and conditions of any other website including other websites of KAOCA, the terms and condition of KAOCA Sangam Website/App shall prevail for the service provided through this Website/App.
23. Disclaimer
A. Your access to and use of the KAOCA Sangam Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE KAOCA Sangam SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KAOCA Sangam DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KAOCA Sangam does not warrant that the Website/App, its servers, or e-mail sent from KAOCA Sangam are free of viruses or other harmful components. KAOCA Sangam will not be liable for any damages of any kind arising from the use of this KAOCA Sangam Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
B. KAOCA Sangam does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our Website/App and using KAOCA Sangam services.
C. Notwithstanding anything contrary contained anywhere, under no circumstances, KAOCA Sangam shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by KAOCA Sangam/KAOCA etc.;
ii. any untrue or incorrect information submitted by you or on your behalf;
iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from KAOCA Sangam);
iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
v. any cyber crime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website.
ix. KAOCA Sangam shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
x. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.
D. You expressly agree that your use of this Website/App is at your sole risk.
E. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held devices or mobile telephones as a result of the installation or use of the app. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held devices or mobile telephones as a result of the installation or use of the app.
25. Indemnity
By using our KAOCA Sangam services you agree to defend, indemnify, and hold harmless KAOCA Sangam, its subsidiaries, affiliates, presidents, directors, volunteers, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the service provided by KAOCA Sangam. This defence and indemnification obligation will survive in perpetuity.
26. Termination
A. We/ KAOCA Sangam in good faith reserve our right to terminate your KAOCA Sangam membership or suspend/delete your profile at our sole discretion without any notice to you and take any action as mentioned above, in case you
I. seek physical / financial favors from our other registered members or
II. have provided incorrect information on our website/App or
III. have committed any fraudulent/ unlawful/ illegal activities through the use of our website/App or
IV. have violated this Terms and conditions or
V. have misappropriated the name, likeness, email address, contact no or other personally identifiable information of another KAOCA Sangam member created a profile on our website /App by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person who’s profile is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner,
B. If KAOCA Sangam receives any complaint against you and consequently we have suspended/deleted your profile in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.
C. Unless otherwise provided in these Terms and Conditions, KAOCA Sangam membership may be terminated by KAOCA Sangam / you without assigning any reasons.
D. Upon termination / suspension of KAOCA Sangam membership, your right to use or access the KAOCA Sangam Website/App KAOCA Sangam services will cease immediately. All provisions of these terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the KAOCA Sangam Services shall not relieve you of any obligations arising or accruing prior to such termination.