Terms and Conditions

Terms & Conditions

General

1. The terms and conditions outlined below, in conjunction with the privacy policy and any other applicable policies that may be periodically introduced, establish the legal relationship between you (“You“, “Your“, and “User“) and Modern Lifafa (“Modern Lifafa “, “We“, “Us“, and “Our“). These terms and conditions (hereinafter referred to as the “Terms“) are constructed in accordance with the Information Technology (Intermediaries Guidelines) Rules, 2011, as specified under the Information Technology Act, 2000. They govern the terms and conditions of your access and usage of the Modern Lifafa platform – www.modernlifafa.com (hereinafter referred to as the “Online Platform”) and the Services provided therein (defined hereinafter).

2. By using the Online Platform, You are entering into an agreement (hereinafter referred to as the “Agreement”) with Modern Lifafa. A physical or digital signature is not required to validate this Agreement. These Terms shall apply to Your utilization of Our Online Platform, accessible at www.modernlifafa.com. Modern Lifafa is the owner, manager, and controller of the Online Platform, with its registered office at Clubley, Bajoria, Saharanpur – 247001, Uttar Pradesh, India. You may access the Services through the Online Platform only upon accepting and adhering to all of the Terms set forth herein.

3. Before proceeding with Your registration, access, browsing, download, or usage of Our Online Platform on any device, and prior to availing any services offered by Modern Lifafa, it is essential that You carefully read and comprehend these Terms. Your acceptance of these Terms is a prerequisite for opting to utilize the Services through the Online Platform. By continuing to use the Online Platform or availing the Services, You acknowledge and agree to be legally bound by these Terms.

4. Should You have any questions or require clarification regarding the Terms, please do not hesitate to contact us at info@modernlifafa.com.

Acceptance Of The Terms

1. In order to accept and be bound by these Terms, You must meet the following eligibility criteria:

Individuals: You must be of majority age, which is 18 years and above, as an individual.

Entities: If You are representing an entity, such as a partnership firm, corporate body, trust, or association of persons, the entity must be eligible and registered to conduct business or operations within India.

2. The Services provided by Modern Lifafa are intended exclusively for individuals and entities that have the legal capacity to enter into binding contracts under the Indian Contract Act, 1872. You must possess the full power and authority to utilize the Services.

3. You can signify Your acceptance of these Terms by either checking the designated checkbox, clicking on the “I AGREE” button, or by actively availing Our Services. If You do not agree to these Terms, You are prohibited from availing Our Services as offered through our Online Platform.

4. These Terms are applicable to all Users of the Services, encompassing both individuals and legal entities, including but not limited to partnership firms, corporate bodies, trusts, and associations of persons, which may be represented by You under actual or apparent authority.

5. Please be aware that these Terms are subject to modifications, alterations, or updates at the sole and absolute discretion of Modern Lifafa. Additionally, We may introduce new policies from time to time for availing some or all of Our Services. It is important to note that the most current version of these Terms will prevail over all previous versions. Your continued use of the Services following any changes to the Terms or the introduction of new policies indicates Your unequivocal acceptance of the latest version of the Terms.

6. If You find the Terms, including any modifications or new policies, unacceptable, We kindly request that You refrain from using Our Online Platform and availing Our Services. Your compliance with these Terms is vital to maintaining a harmonious and legally compliant user experience.

Definitions

1. “Applicable Laws” shall mean any law, legislation, statute, act, by-law, rule, regulation, ordinance, order, decree, protocol, notification, policy, administrative guideline, ruling, instruction, directive, code, requirement, consent, license, approval, permit, judgment, court order, treaty or any interpretation thereof by any Governmental Authority or by any Person acting under the authority of any Governmental Authority and / or of any statutory authority, as may be applicable from time to time to this Agreement and to the exercise, performance and discharge of the respective rights and obligations of the Parties, or to the Parties, as the context may require.

2. “Couple” refers to the individuals who create a wedding registry on the Online Platform to receive gifts in the form of products, experiences, or an e-Lifafa from their guests.

3. “E-Lifafa” or ‘Cash Fund’ refers to a digital credit note that Guests can purchase for the Couple, which the Couple can transfer to  a designated bank account.

4. “Experiences” refers to non-tangible offerings, such as travel packages, dining experiences, photoshoots, spa treatments, or other curated services, that the Couple can include in their registry and Guests may gift.

5. “Guests” refers to individuals who access the Online Platform to purchase gifts for the Couple from their wedding registry or contribute a credit note in the form of an e-Lifafa or Cash Fund.

6. “Products” refers to the physical goods available on the Online Platform such as Home Decor Items, Electronics, Small Furniture, Beauty Products, Silver Goods, Luggage and other such related gift items that the Couple can add to their registry and that Guests may purchase as gifts.

7. “Registry” refers to the personalized collection of Products,Experiences and Cash Funds curated by the Couple on the Online Platform, from which Guests may select gifts.

8. “Services” refers to an online wedding registry platform where couples create personalized registries with luxury products and experiences. Guests can gift items from the registry or contribute to an e-lifafa or a cash fund which can then be transferred to a designated bank account determined by the couple.

9. “Third Party Service Providers” refers to and includes all independent entities, businesses, or individuals that Modern Lifafa collaborates with to facilitate the listing, sale, or provision of products and experiences on the Online Platform. This includes, but is not limited to, vendors supplying products or experiences listed on the Online Platform, payment gateway providers processing transactions, logistics and delivery partners responsible for shipping and handling, and any other external service providers engaged by Modern Lifafa to support the functioning of the Online Platform.

Description Of Services

1. Modern Lifafa is an online wedding registry platform that allows couples to create personalized registries from a curated selection of luxury products and experiences available on the Online Platform. Guests can choose gifts directly from the couple’s registry or contribute towards cash funds. The Online Platform makes wedding gifting easy and convenient for both couples and their guests.

2. Upon successful registration on the Online Platform, couples can create a personalized wedding registry which serves as a dedicated dashboard for selecting and managing their preferred gifts. The Registry allows couples to curate a wishlist comprising luxury products, unique experiences and cash funds. Couples may choose from three types of services available on the Online Platform:

Products: The Online Platform offers a curated selection of products listed by third-party service providers who have partnered with Modern Lifafa. These third-party service providers are subject to Modern Lifafa’s review process before their products are made available. However, Modern Lifafa acts solely as a facilitating platform and does not assume any responsibility for the quality, durability, or performance of the products.

Experiences: Modern Lifafa collaborates with third-party service providers to offer experiences in the form of coupons, which guests can purchase as gifts for couples. While Modern Lifafa reviews the listed experiences, certain experiences may be time-sensitive and subject to expiration and geographical restrictions. Guests and couples are advised to carefully review the details provided on the Online Platform before purchasing or redeeming such experiences. Modern Lifafa does not directly provide these experiences and shall not be liable for any deficiency in service.

Cash Fund: Couples can set up a fund for specific goals such as honeymoon, staycation, photographer, etc. Guests can contribute to any of these, helping the couple use the funds as needed.

When a cash fund is either gifted by the guest or transferred by the couple to a bank account, the transaction may be subject to a service charge levied by the third-party service provider facilitating the transfer. These charges can vary based on the third-party service provider’s policies and the nature of the transaction.

3. The Registry is designed to provide a seamless gifting experience for both couples and their guests. However, Modern Lifafa’s role is limited to facilitating the creation and operation of the Registry, and it shall only operate as a facilitator for selling of products or experiences as listed on the Online Platform. All sales are directly between the Guest and the respective Vendor (third-party service provider). Modern Lifafa’s role is limited to facilitating transactions and providing the registry platform.

Registration And Onboarding

1. To create a Registry on the Online Platform, couples must first register and set up a joint account by following the steps outlined in the clause below. Registration is mandatory for couples to access and manage their Registry, ensuring a seamless gifting experience. However, guests are not required to register. They can simply access the Registry link shared by the couple, browse the available gifts, and make a purchase. Guests have the option to check out as a guest on the Online Platform without creating an account.

2. Modern Lifafa is dedicated to facilitating a straightforward registration and onboarding process to grant You access to Our suite of Services. To initiate Your engagement with Us and avail Our comprehensive Services, You can complete the registration process through Our user-friendly Online Platform. During this process, certain vital information will be required, including Your accurate personal details such as name, email ID, phone number, bank account details, shipping address and any other pertinent documents as communicated to You. This information is crucial for the establishment of Your account (“Account”) on Our Online Platform, enabling You to effectively utilize Our Services.

3. By registering, You unequivocally agree to provide precise, current, and complete information. Failure to adhere to this commitment may result in Modern Lifafa ‘s right to annul Your registration on the Online Platform and revoke Your access to Our Services. A singular Account will be allocated to You, linked to Your real name or Your entity’s name, subject to any restrictions enforced by Us or mandated by applicable laws.

4. Subsequent to a successful registration, We will issue You a User ID and password (“Credentials“) that will serve as Your gateway to our Online Platform and its comprehensive Services. It is imperative to acknowledge that Modern Lifafa is under no obligation to authenticate the authenticity of any transaction once it is generated using valid Credentials.

5. You hereby grant explicit consent to Modern Lifafa , either directly or through authorized third parties, to conduct essential inquiries to validate Your identity, as necessitated to comply with obligations stipulated by applicable laws and regulations.

6. In the event of Your decision to terminate Your association with Us, You can promptly disable Your Account by notifying us at info@modernlifafa.com. Consequently, Your access to Our Services through the Online Platform will be revoked.

7. It is of paramount importance to emphasize that Your Account is intended solely for legitimate and bona fide usage. Any unauthorized or Prohibited Activity is categorically prohibited. Safeguarding the confidentiality of Your Credentials is Your responsibility, and You assume full accountability for all activities conducted under Your Account. Should You detect any unauthorized use or breach of Your Account, it is Your obligation to promptly notify us.

8. Please be cognizant that any losses incurred by Modern Lifafa or other Users due to unauthorized utilization of Your Account, resulting from Your failure to secure Your Account, will render You liable.

Replacement, Exchange, and Credit Policy

1. For defective and damaged products: If a damaged or defective product is delivered, the couple must raise a request through the Online Platform within 5 days of receiving the product along with sufficient proof in the form of pictures and / or videos. Modern Lifafa will notify the respective third-party service provider who will verify whether the product is genuinely defective or damaged. Once verified and approved, the third-party service provider will replace the defective or damaged product as per their replacement policy. The replaced product will be shipped and delivered to the couple at the address mentioned on the Online Platform.

2. For wrong product: If a wrong product is delivered and there is a discrepancy between the purchased product and the product received, the couple must notify Modern Lifafa through the Online Platform within 5 days. Modern Lifafa will notify the respective third-party service provider who will verify the discrepancy. Once verified, the correct product will be exchanged and delivered as per the third party vendor’s replacement policy. The exchanged product will be shipped and delivered to the couple at the address mentioned on the Online Platform.

Return and replacement timelines, conditions, and remedies are determined entirely by the respective vendor’s return / exchange / refund policies. Modern Lifafa has no role in setting or modifying these policies. Modern Lifafa’s responsibility is limited to conveying the Vendor’s return and replacement terms to guests and facilitating communication between the two parties. All approvals, rejections, or modifications relating to returns and replacements remain solely at the discretion of the Vendor.

3. For out-of-stock products or experiences: If, at the time the couple decides to have a product shipped or avail an experience, the selected product or experience is unavailable or out of stock, they can request a cash exchange instead. The amount paid by the guests for the unavailable product or experiences will be refunded to the couple’s designated bank account, as provided by them on the Online Platform after deducting applicable transaction fees.

Modern Lifafa shall not be responsible for any inconvenience, disappointment, or loss caused due to the unavailability of the product or experience. The availability of products and experience depends on third-party service providers, and Modern Lifafa does not have control over their stock or service capacity.

4. For unsatisfactory experience: If the couple is not satisfied with the experience provided by a third-party service provider, they will not be eligible for a refund. However, they may leave feedback on the Online Platform to share their experience.

5. Change of Mind: If, after guests have purchased a product or experience from the registry created by the couple, the couple realizes that there are duplicate gifts or they have changed their mind and no longer wish to receive the product or experience, they shall not be permitted to return or cancel the order placed.

6. Limitation of Liability: Modern Lifafa shall not be responsible for any delays, damages, or issues arising due to third-party service providers. Modern Lifafa’s role is limited to facilitating transactions through the Online Platform, and it does not guarantee the quality, accuracy, or fulfillment of any product or service. In no event shall Modern Lifafa be liable for any indirect, incidental, or consequential damages arising from the use of the Online Platform or any disputes between the couple and the third-party service providers.

License to the Online Platform

1. Grant of Limited License: Provided that You adhere to each and every provision set forth in these Terms, Modern Lifafa hereby grants You a limited, revocable, personal, non-sub-licensable, non-transferable, and non-exclusive right to access and utilize the Online Platform. This grant of rights is expressly contingent upon Your intention to seek and utilize the Services in full compliance with these Terms.

2. Restricted Sharing of Access: It is explicitly emphasized that, under no circumstances, shall You share or extend access to the Online Platform to any third party without having obtained prior written permission from Modern Lifafa. Unauthorized sharing of access constitutes a breach of these Terms and may result in immediate suspension or termination of Your rights to use the Online Platform.

3. Limitation of Rights: Apart from the rights and interests expressly provided to You within the framework of these Terms, it is unequivocally stated that You shall possess no additional rights or interests whatsoever in relation to the use of the Online Platform and/or the Services. Your license is strictly confined to the terms delineated in these Terms and shall not extend beyond the boundaries established herein.

Third Party Service Providers

1. Engagement of Third Party Service Providers: In pursuit of seamless and high-quality service delivery and to address various operational requirements, Modern Lifafa may engage with specific third-party service providers. While We meticulously select these third-party service providers and establish comprehensive agreements that stipulate performance obligations, including confidentiality, it is crucial to note that We cannot provide an absolute guarantee of their performance conducted within the purview of these Terms. Consequently, We hold no liability for disputes, losses, and/or damages arising from the actions or oversights of third-party service providers, as the context may dictate. Modern Lifafa is not responsible for the content or privacy practices of these sites of third party service providers.

2. Affiliate Links: Certain products or services on the Online Platform may include affiliate links that redirect users to third-party websites. Any purchases made through such links are governed solely by the terms and policies of the respective third-party platform. Modern Lifafa is not the seller of record for such transactions and shall not be liable for any issues arising therefrom.

3. Exclusive Applicability of Commercial/Contractual Terms: Any commercial or contractual terms extended by, and mutually agreed upon between, You and a third-party service provider are exclusively applicable to Your unique relationship with said third-party service provider. It is explicitly emphasized that Modern Lifafa neither exercises control over, determines, advises, nor involves itself in any capacity with regard to the formulation, presentation, or acceptance of these commercial or contractual terms between You and any third-party service provider.

Availability of Services

1. Services “As Is” and “As Available”: You expressly acknowledge and agree that all Services facilitated through the Online Platform are made available to You on an “as is” and “as available” basis. Modern Lifafa does not make any warranties or representations, whether express or implied, regarding the availability, reliability, quality, or suitability of the Services for Your particular purpose.

2. Online Platform Role: Modern Lifafa operates solely as a neutral facilitator, providing an online platform that connects third-party service providers with users. Modern Lifafa does not manufacture, own, or directly sell any products or experiences listed on the Online Platform. While Modern Lifafa strives to ensure a seamless transaction process, it does not guarantee the quality, authenticity, availability, or suitability of any product or experience offered by third-party service providers

3. No Guarantee: Modern Lifafa does not guarantee that any user will find a suitable product, service, or experience through the Online Platform, nor does it assure that any transaction will be completed without issues. Modern Lifafa is not responsible for any claims, promises, or representations made by third-party service providers regarding their offerings.

4. Independent Decision-Making: Users acknowledge that they are solely responsible for conducting their own due diligence before engaging with any third-party service provider. Modern Lifafa shall not be liable for the information provided by third-party service providers and shall also not be liable for any losses, damages, or disputes arising from reliance on such information.

5. Neutral Online Platform: Modern Lifafa does not endorse or sponsor any third-party service provider, product, or experience listed on the platform. The presence of a third-party service provider on the Online Platform does not imply any form of partnership, recommendation, or warranty by Modern Lifafa. Users engage with third-party service providers at their own discretion and risk.

6. Responsibility: Modern Lifafa does not verify the accuracy, reliability, or authenticity of information provided by the third party service providers on the Online Platform. Each party is solely responsible for the accuracy of the information it shares.

7. Service Availability: While We make concerted efforts to provide uninterrupted access to all Services available through the Online Platform, it is imperative to acknowledge that circumstances may arise where certain Services are temporarily unavailable or inaccessible. These situations may be attributed to a variety of reasons, including but not limited to:

Geographic Limitations: Certain Services may be restricted or unavailable in specific geographic regions due to regulatory or legal constraints.

Legal Prohibitions/Restrictions: The availability of Services may be influenced by applicable laws, regulations, or policies that could impose restrictions on their provisioning.

Technical Faults or Unforeseen Circumstances: Unforeseeable technical glitches, system maintenance, upgrades, or other unexpected circumstances may lead to temporary unavailability of certain Services.

8. It is pertinent to note that such instances of unavailability do not reflect a breach of Our commitment but rather an acknowledgment of potential external factors that may affect the seamless delivery of Services. We undertake continuous efforts to minimize these instances and promptly rectify any unavailability.

9. Please be advised that in the event of temporary unavailability, Modern Lifafa shall not be held liable for any losses, inconveniences, or damages incurred by You or any third party. Your understanding and cooperation in such situations are greatly appreciated.

Online Platform Content

1. Proprietary Ownership: Unless explicitly stated otherwise, the Online Platform is the exclusive proprietary property of Modern Lifafa. The Online Platform comprises, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and any other material (“Content“). Additionally, trademarks, service marks, logos, and any other distinctive symbols (“Marks”) displayed on the Online Platform are either owned, controlled by, or licensed to Modern Lifafa. All of these elements are protected by copyright, trademark laws, intellectual property rights, unfair competition laws, and various other applicable national and international laws and conventions. Modern Lifafa retains all rights not expressly granted to Users pertaining to the Online Platform, Content, and Marks.

2. Virus Disclaimer: While every effort is made to ensure the security of files available for download through the Online Platform, Modern Lifafa does not guarantee or warrant that such files will be free of infections by software viruses or other potentially harmful computer code, files, or programs. Users are encouraged to employ their own antivirus measures and exercise due diligence when accessing or downloading any material from the Online Platform.

3. Protection of Intellectual Property: Unauthorized use or reproduction of the Online Platform’s Content or Marks may result in a violation of copyright, trademark, and other applicable laws. Without Modern Lifafa ‘s explicit prior written consent, Users are strictly prohibited from engaging in activities such as reverse-engineering, disassembling, decompiling, reproducing, transcribing, storing in a retrieval system, translating into any language or computer language, re-transmitting through any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), reselling, or redistributing the Online Platform or any part of the Content for any commercial purpose. Such activities infringe upon Modern Lifafa ‘s rights and will be subject to legal action.

Online Platform Management

1. Modern Lifafa reserves the right, though not obliged, to:

Monitor the Online Platform to identify violations of these Terms.

Take appropriate legal actions against any user who, at Modern Lifafa ‘s sole discretion, violates the law or breaches these Terms. This action may include reporting such violations to law enforcement authorities.

Exercise its sole discretion to refuse, restrict access to, limit the availability of, or disable access to any Services or any portion thereof.

At Modern Lifafa ‘s sole discretion, without notice or liability, remove from the Online Platform or disable files and content that are excessive in size or unduly burdensome to the systems.

Manage the Online Platform in a manner aimed at safeguarding Modern Lifafa’s rights and property, as well as ensuring the effective functioning of the Online Platform.

2. Furthermore, You acknowledge and agree that:

Modern Lifafa’s management actions are not exhaustive and may include other measures that are deemed necessary to maintain the integrity and security of the Online Platform.

Modern Lifafa may collaborate with law enforcement agencies or regulatory authorities in addressing any violation of laws or these Terms.

Modern Lifafa shall not be held liable for any losses or damages arising from its Online Platform management actions, including but not limited to the removal of content or restricting access.

Third Party Service Providers

1. The Online Platform may integrate with various third party service providers (“Third Party Service Providers“). Accessing and using these Third Party Service Providers may necessitate Your acceptance of the respective terms of service and privacy policies associated with such Third Party Service Providers (“Third Party Terms“). It is Your responsibility to diligently read and comprehend these Third Party Terms prior to utilizing any services of Third Party Service Providers. You acknowledge and unequivocally agree that Modern Lifafa shall not bear any liability for Third Party Service Providers. While We strive to provide advance notice whenever feasible, You understand and concur that We retain the sole discretion, at any time, and without prior notice, to suspend, limit, or deactivate access to, or remove from the Online Platform, any Third Party Service Provider. Such actions will be undertaken without any liability towards You, including, but not limited to, claims for loss of profits, revenue, data, goodwill, or other intangible losses.

2. Modern Lifafa emphasizes the importance of Your informed engagement with Third Party Service Providers. Your use of any Third-Party Service Provider is entirely voluntary and subject to the conditions specified by the respective service providers. We bear no responsibility for the performance, security, or any aspect of Third-Party Service Providers, and any concerns or disputes arising from Your interaction with Third Party Service Providers should be directed solely to the respective service providers.

3. Please be advised that the integration of Third-Party Service Providers is aimed at enhancing Your experience on the Online Platform. However, the availability and functionality of these Service Providers are beyond Our control. We strive to ensure that such integrations provide added value to Our Users, but We cannot guarantee their performance, stability, or suitability for Your specific purposes. We are not responsible for the content or privacy practices of these Third-Party Service Providers.

User Representations and Warranties

By utilizing the Online Platform, You unequivocally represent and warrant that:

1. Legal Capacity: You possess the legal capacity and authority to enter into these Terms and to be bound by them.

2. Minor Status: You are not considered a minor within the jurisdiction of Your residence and are of the age of majority to use the Online Platform.

3. Lawful Access: Your access to and use of the Online Platform are conducted in a lawful and legitimate manner, and You affirm that You will not employ any automated, non-human, or script-based methods, such as bots, to interact with the Online Platform.

4. Authorized and Lawful Use: You commit to using the Online Platform exclusively for lawful and authorized purposes. You agree not to engage in any activities that are illegal, unauthorized, fraudulent, or otherwise prohibited by these Terms or any applicable laws.

5. Genuine Commercial Transactions: You ensure that any commercial transactions initiated by You on the Online Platform are genuine, bona fide, and conducted with a legitimate business purpose. You shall not engage in any form of transaction intended to defraud, deceive, or misrepresent.

6. Compliance with Laws: Your utilization of the Online Platform and any actions taken on it shall be in full compliance with all applicable laws, regulations, and guidelines. You acknowledge Your responsibility for ensuring that Your use of the Online Platform does not violate any legal provisions.

7. Non-Circumvention: You acknowledge and warrant that You shall not attempt to circumvent, bypass, or manipulate the Online Platform’s processes, protocols, or functionalities for any unauthorized purposes. This includes refraining from any activities aimed at evading the Online Platform’s intended use, revenue-sharing mechanisms, or any security measures implemented by Modern Lifafa.

8. No Harmful Activities: You further warrant that You will not engage in any activities that could disrupt, damage, or impair the Online Platform’s integrity, functionality, or availability. This includes refraining from any attempts to introduce viruses, malware, or other malicious code that could harm the Online Platform or its Users.

9. Accuracy of Information: You affirm that any information provided by You to the Online Platform, including personal, financial, or business-related details, is accurate, complete, and up-to-date. In the event that any information provided by You is found to be untrue, inaccurate, not up-to-date, or incomplete, We retain the right to suspend or terminate Your Account and withhold any current or future access to the Online Platform, or any of its components, at Our sole discretion. Should there be any changes to Your email address, mobile number, physical address, ownership structure, or legal status, or in the event of business cessation, You undertake the obligation to promptly notify us in writing of such alterations. Failing to do so may result in the restriction or termination of Your access to the Online Platform.

10. Incorrect shipping address or bank account details: If the couple or guest provides an incorrect shipping address or bank account details on their profile and a product is shipped or a refund is processed based on that information, Modern Lifafa will not be responsible for tracking, retrieving, or recovering the product or funds. It is the couple’s responsibility to ensure that all details entered on the Online Platform are accurate and up to date. Modern Lifafa and its Third-Party Service Providers will not be liable for any loss, delay, or misplacement caused due to incorrect information provided by the couple or guest.

11. Respect for Rights: You undertake to respect the intellectual property rights, privacy rights, and other legal rights of Modern Lifafa, other Users of the Online Platform, and third parties. You shall not engage in any activities that infringe upon or violate these rights.

12. Responsibility for Actions: You accept full responsibility for any actions or engagements conducted through the Online Platform using Your Account. You acknowledge that Modern Lifafa shall not be liable for any consequences arising from Your use of the Online Platform.

Undertaking

You agree and confirm that:

1. The Online Platform / Your Account shall be used by You only for valid and genuine business purposes and not otherwise or for any Prohibited Activity.

2. You shall not carry out any activity which is banned, illegal, or immoral, or use the Services in any manner that constitutes a violation of any law or regulation or which may cause Modern Lifafa to be subject to investigation, prosecution, or legal action.

3. You agree and confirm not to sell, provide, exchange, or otherwise disclose to third parties or use any personal information about any third party, including account details and mobile numbers, without obtaining the prior written consent of such third party.

4. You agree and confirm to inform Modern Lifafa of any change in Your email address, mobile number, address, ownership, or legal status or cessation of Your business in writing forthwith on such change.

5. You shall not interfere with or damage the Online Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology.

6. You understand that you are solely responsible for performing any due diligence or research necessary before making purchases from the products or experiences listed down by the third party service providers. Modern Lifafa shall not be responsible for any failure by you to conduct sufficient due diligence.

7. You understand that any disputes arising from the purchases made through our Online Platform are solely the responsibility of the parties involved. Modern Lifafa is solely a facilitator of the Services and is not a party to any transaction between couples, guests, and vendors, and shall not mediate, adjudicate, or otherwise intervene in disputes except to provide communication tools through the platform. Modern Lifafa shall not be involved in, or responsible for, resolving such disputes. Modern Lifafa disclaims all liability related to your disputes, disagreements, or conflicts that may arise between the third party service providers and you as a result of using the Online Platform.

8. As a condition of use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by the Terms, conditions, or violate the Terms. Modern Lifafa reserves the right to suspend the Account or restrict use of Services or take any other action as Modern Lifafa deems fit, including legal recourses, without providing prior notice.

9. You shall not impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, or perform any other similar fraudulent actions.

10. You confirm not to infringe Modern Lifafa’s or any third party’s intellectual property rights, rights of publicity, or privacy.

11. You agree and confirm not to use the Services or the Online Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Online Platform in an automated manner or otherwise.

12. You shall not use Services or Online Platform for any self-financing activities, including but not limited to the transfer of funds against fake or fraudulent transactions, transfer of funds to Your subsidiary, holding, associate company, or any related party, unless such transfer is towards a genuine transaction between You and the other party.

13. Modern Lifafa has the right to temporarily terminate Your access to the Online Platform. You shall be given a reasonable opportunity to be heard and provide evidence ensuring the validity of the transaction. Failure to prove the validity of the transaction may lead to a permanent embargo on Your access to the Online Platform.

14. You agree to bear sole and exclusive responsibility for the payment of all relevant and applicable taxes, including any applicable withholding taxes, as may be due from time to time.

Privacy Policy

1. Data privacy and security are of utmost importance to Us. Your use of the Online Platform signifies Your agreement to be bound by Our Privacy Policy, which is accessible at https://modernlifafa.com/privacy-policy/ and is considered an integral part of these Terms.

2. Kindly note that the Online Platform is hosted in India. If You access and utilize the Online Platform from any other region of the world with data privacy laws or regulations that differ from those applicable in India, You acknowledge and consent to the transfer of Your data to India for processing, storage, and usage as outlined in Our Privacy Policy.

3. It is Your responsibility to review and understand Our Privacy Policy before using the Online Platform. By continuing to use the Online Platform, You acknowledge the transfer of Your data to India and its processing as described in Our Privacy Policy. If You do not agree with the terms and practices outlined in Our Privacy Policy, You should refrain from using the Online Platform.

4. For a comprehensive understanding of how we collect, use, store, and protect Your personal and non-personal information, please refer to Our Privacy Policy. Your acceptance of these Terms implies Your acceptance of Our Privacy Policy, and both documents together govern Your use of the Online Platform and its associated Services.

Prohibited Activities

1. You may not access or use the Online Platform for any purpose other than that for which Modern Lifafa makes the Online Platform available.

2. As a User of the Online Platform, You agree not to:

  • Systematically retrieve data or other content from the Online Platform to create or compile a collection, compilation, database, or directory without written permission from Modern Lifafa.
  • Attempt to trick, defraud, or mislead Modern Lifafa and other Users, especially in any attempt to obtain sensitive account information such as other user credentials.
  • Circumvent, disable, or interfere with security-related features of the Online Platform, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Online Platform and/or the Content.
  • Use any information obtained from the Online Platform to harass, abuse, or harm another person.
  • Make improper use of support services or submit false reports of abuse or misconduct.
  • Use the Online Platform in a manner inconsistent with any applicable laws or regulations.
  • Attempt to impersonate another user or use the username of another user.
  • Sell or transfer Your profile to others.
  • Upload or transmit materials that act as passive or active information collection or transmission mechanisms.
  • Interfere with or disrupt the Online Platform or connected services.
  • Harass, annoy, intimidate, or threaten Modern Lifafa ‘s employees or agents.
  • Attempt to bypass any measures designed to prevent or restrict access to the Online Platform.
  • Copy or adapt the Online Platform’s software, including but not limited to, PHP, HTML, JavaScript, or other code.
  • Decipher, decompile, disassemble, or reverse engineer any part of the Online Platform’s software.
  • Use any automated system that accesses the Online Platform without authorization.
  • Use the Online Platform for any effort to compete with Modern Lifafa .

 DISCLAIMER AND LIMITATION OF LIABILITY

1. ASSUMPTION OF RISK AND LIMITED WARRANTY: YOUR UTILIZATION OF THE ONLINE PLATFORM AND ITS SERVICES IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MODERN LIFAFA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODERN LIFAFA DOES NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICES. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES IS SOLELY YOUR RESPONSIBILITY, AND YOU SHALL BEAR ALL ASSOCIATED RISKS, INCLUDING ANY POTENTIAL DAMAGE TO YOUR DEVICES OR DATA. NO ADVICE OR INFORMATION OBTAINED FROM MODERN LIFAFA, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

2. LIMITATION OF LIABILITY: YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT MODERN LIFAFA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER SYSTEM FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FORM OF LOSS ARISING OUT OF OR ATTRIBUTED TO YOUR USE OF THE ONLINE PLATFORM, ITS SERVICES, OR THE SERVICES OF ANY THIRD-PARTY SERVICE PROVIDER ENGAGED UNDER THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER MODERN LIFAFA WAS APPRISED OF THE POTENTIAL FOR SUCH DAMAGES.

GUESTS AND COUPLES ACKNOWLEDGE AND AGREE THAT MODERN LIFAFA ACTS ONLY AS AN INTERMEDIARY PLATFORM AND IS NOT THE SELLER OF RECORD FOR ANY TRANSACTION. ALL OBLIGATIONS AND RESPONSIBILITIES RELATING TO THE PRODUCTS OR EXPERIENCES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY, SUITABILITY, SAFETY, ACCURACY OF DESCRIPTION, WARRANTIES (EXPRESS OR IMPLIED), PRICING, AVAILABILITY, DELAYS IN DELIVERY, CANCELLATIONS, DEFECTS, OR OVERALL FULFILLMENT, REST SOLELY AND EXCLUSIVELY WITH THE RESPECTIVE VENDOR. MODERN LIFAFA DOES NOT PROVIDE ANY GUARANTEES OR ASSUME ANY LIABILITY FOR THE ACTS, OMISSIONS, OR REPRESENTATIONS OF VENDORS, NOR FOR ANY LOSS, DAMAGE, INJURY, DISSATISFACTION, OR OTHER CLAIMS ARISING FROM OR CONNECTED WITH THE PURCHASE, USE, OR NON-AVAILABILITY OF PRODUCTS OR EXPERIENCES LISTED ON THE PLATFORM. THE LIABILITY OF MODERN LIFAFA IS STRICTLY LIMITED TO THE EXTENT OF FACILITATING COMMUNICATION BETWEEN GUESTS, COUPLES, AND VENDORS, AND, WHERE APPLICABLE, PROCESSING PAYMENTS IN ACCORDANCE WITH THE TERMS STATED ON THE ONLINE PLATFORM.

3. EXCLUSIVE REMEDY: YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT MODERN LIFAFA PRIORITIZES RELIABILITY AND SECURITY IN ITS OPERATIONS; HOWEVER, NO DIGITAL SYSTEM IS IMPERVIOUS TO ALL RISKS. AS SUCH, MODERN LIFAFA SHALL NOT BE HELD ACCOUNTABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD-PARTY SERVICE PROVIDERS ENGAGED THROUGH THE ONLINE PLATFORM. IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE PLATFORM, YOUR EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE THE USE OF THE ONLINE PLATFORM AND ITS SERVICES.

4. SEVERABILITY: IN THE EVENT THAT ANY PROVISION OF THIS DISCLAIMER AND LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED OR IMPAIRED.

5. INTEGRAL AGREEMENT: THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONSTITUTE AN INTEGRAL PART OF THE BINDING AGREEMENT BETWEEN YOU AND MODERN LIFAFA. BY CONTINUING TO UTILIZE THE ONLINE PLATFORM, YOU DEMONSTRATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE PROVISIONS. SHOULD YOU DISSENT FROM THESE PROVISIONS, IT IS INCUMBENT UPON YOU TO DISCONTINUE YOUR ENGAGEMENT WITH THE ONLINE PLATFORM.

6. GOVERNING LAW: THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.

7. JURISDICTION: ANY DISPUTE ARISING OUT OF OR RELATED TO THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SAHARANPUR, UTTAR PRADESH.

Indemnity

1. Indemnification and Protection: You shall indemnify, defend, and hold Modern Lifafa , its officers, directors, employees, and affiliates (referred to as “Indemnified Parties“) harmless from and against any and all liabilities, losses, damages, fines, expenses (including attorney’s fees and costs), claims, actions, suits, demands, or proceedings arising out of or related to:

  • Unlawful Utilization: Claims alleging that Your use of the Online Platform and its Services violated the rights of any third party, breached any applicable law, or contravened any provision of these Terms, except where Your usage is expressly sanctioned by Modern Lifafa.
  • Breach or Default: Your breach, non-performance, non-compliance, or inadequate fulfillment of any term, condition, representation, obligation, or warranty as stated in these Terms.
  • Acts, Errors, and Negligence: Any acts, errors, misrepresentations, willful misconduct, or negligence perpetrated by You, Your employees, subcontractors, or agents in the course of executing Your obligations under these Terms.
  • Intellectual Property and Privacy Claims: Claims arising from the infringement of intellectual property rights or invasion of privacy rights of third parties due to Your use of the Online Platform and its Services.
  • Third Party Litigation: Any third-party claims, legal actions, suits, or demands made against Modern Lifafa stemming from Your use of the Online Platform, its Services, or any commercial transactions You initiate through the Online Platform.

2. Unauthorized Third-Party Actions: If unauthorized third parties gain access to the Services via Your Account, You shall be responsible for indemnifying Modern Lifafa against any liabilities, costs, or damages resulting from such unauthorized actions, including but not limited to unauthorized transactions or misuse of the Online Platform.

3. Liability Limitation: With no prejudice to Modern Lifafa ‘s rights and these Terms, Modern Lifafa shall not bear any responsibility for any direct, indirect, or consequential loss or damage that may arise directly or indirectly from:

  • Terminal Glitches: Malfunctions occurring in computer terminals or equipment used in conjunction with the Online Platform.
  • Unauthorized Usage: Use of the Services by any individual other than You, leading to unauthorized transactions.
  • Unsuccessful Transactions: Transactions that are incomplete or fail to proceed for any reason, irrespective of whether Modern Lifafa was informed beforehand.
  • Errors or Omissions: Any inaccurate information or omissions provided to Modern Lifafa, whether by You or a third party.

4. By utilizing the Online Platform, You affirm Your understanding of these indemnity provisions and agree to undertake these responsibilities to safeguard the interests of Modern Lifafa , its officers, directors, employees, suppliers, and affiliates.

Force Majeure

1. Event of Force Majeure: Modern Lifafa shall not be held accountable for any failure to fulfill its obligations under these Terms in cases where performance is hindered, delayed, or rendered impossible due to events beyond the reasonable control of Modern Lifafa (“Event of Force Majeure“). In such instances, the provision of Our Services under these Terms will be temporarily suspended for the duration of the continuance of the Event of Force Majeure. Further, failures or delays by Vendors caused by force majeure events shall not give rise to any liability of Modern Lifafa. Claims, if any, shall be pursued directly against the vendor.

2. Definition of Force Majeure: An “Event of Force Majeure” shall include, but is not limited to, acts of God, natural disasters, fires, explosions, riots, strikes, lockouts, labor disturbances, wars, acts of terrorism, government actions, power outages, telecommunication network disruptions, pandemic or epidemic outbreaks, and any other unforeseeable events that are beyond the control of Modern Lifafa .

3. Duration of Suspension: The suspension of Our Services due to an Event of Force Majeure shall continue for as long as the Event of Force Majeure persists. Once the Event of Force Majeure ceases, Modern Lifafa shall promptly resume the provision of Our Services under these Terms.

4. No Liability: Modern Lifafa shall not be held liable for any damages, losses, claims, costs, expenses, or liabilities incurred by You or any third party due to the occurrence of an Event of Force Majeure and the consequent suspension of Our Services. Modern Lifafa ‘s obligations under these Terms will be excused and extended to the extent necessary to accommodate the impact of the Event of Force Majeure.

Termination

1. Violation and Disciplinary Action: Modern Lifafa maintains a strict policy against violations of these Terms and any misconduct directed towards Modern Lifafa, its officers, employees and Users. Such actions will not be tolerated and will result in immediate and stringent disciplinary action, as per the applicable laws enforced in India. This may include, but is not limited to, termination of usage rights to the Online Platform and initiation of legal proceedings.

2. In the event of termination, Modern Lifafa reserves the right to:

  • Deactivate or suspend Your Account and disable Your password;
  • Terminate Your access to the Online Platform or the Services

3. Right to Cancel Account: You have the right to cancel Your Account at any time by notifying Modern Lifafa via email.

Confidentiality

1. Non-Disclosure and Protection of Information: You unequivocally acknowledge and agree that any non-public information, data, materials, or knowledge obtained through the use of the Online Platform or Services (“Confidential Information“) is strictly confidential and proprietary to Modern Lifafa. Further, it is understood that we do not actively monitor or participate in communications between You and the third party service provider. Any confidential information shared during interactions on Our Online Platform is done solely at the discretion and risk of the users involved. Users are solely responsible for safeguarding their confidential information, and we shall not be liable for any unauthorized disclosure or misuse of information shared on Our Online Platform.

2. You are expressly prohibited from disclosing, using, reproducing, transmitting, or otherwise making available any Confidential Information to any third party, including for Your personal benefit or gain. This obligation extends indefinitely, only ceasing when such Confidential Information becomes publicly known through lawful means beyond Your control.

3. In the event that You are compelled by a court order, legal process, or other government or regulatory authority to disclose any Confidential Information, You shall promptly notify Modern Lifafa of such requirement and diligently cooperate in efforts to protect and limit the scope of such disclosure to the extent permissible under applicable laws and regulations.

4. Protection of Information and Compliance: Modern Lifafa reserves the right to access, preserve, and disclose your information, including but not limited to data generated through Your use of the Online Platform or Services, as required by applicable law or when Modern Lifafa  believes in good faith that such actions are necessary to:

Respond to legal claims against Modern Lifafa or to comply with legal processes;

Prevent fraud, conduct risk assessments, investigate issues, provide customer support, facilitate product development, or address debugging purposes;

Protect the rights, property, or safety of Modern Lifafa , its Users, or the public at large.

5. Remedies for Breach of Confidentiality: You acknowledge and understand that any unauthorized disclosure or misuse of Confidential Information by You may result in irreparable harm to Modern Lifafa. In the event of an actual or suspected breach of confidentiality, Modern Lifafa shall be entitled to seek injunctive relief, in addition to any other remedies available at law, to prevent or restrain such breach.

6. Modern Lifafa ‘s right to seek injunctive relief is without prejudice to its right to claim monetary damages or other legal remedies for the breach of these confidentiality obligations.

Notice

1. All notices, communications, or notifications from Modern Lifafa shall be effectively delivered through the following means:

Notices may be sent to the email address associated with Your Account or through a general notification displayed on the Online Platform.

Should You need to communicate with Modern Lifafa, You are required to send Your notice to the designated email address: info@modernlifafa.com.

2. You acknowledge and agree that:

Notices sent to the email address associated with Your Account shall be deemed received upon successful delivery, irrespective of whether You actually access or read the notice.

Notices provided as general notifications on the Online Platform shall be considered received upon being displayed on the Online Platform.

You are responsible for keeping Your contact information updated, including Your email address, to ensure effective communication.

Any legal notices or communications required by applicable laws or regulations shall be provided in writing, and Modern Lifafa reserves the right to use the email address associated with Your Account for such purposes.

3. Please note that it is Your responsibility to regularly check Your email and the Online Platform for any notices or communications from Modern Lifafa . Your continued use of the Online Platform following the sending of any notice constitutes your acknowledgement and understanding of the contents of such notice.

Miscellaneous

1. Revisions to the Terms: Modern Lifafa reserves the unfettered right to revise or modify these Terms at its sole discretion, without prior notice to You. Such revisions will become immediately effective upon posting on the Online Platform.

2. Your ongoing use of the Online Platform or Services post the implementation of revisions signifies Your unequivocal acceptance of the updated Terms. Your continued use after any such modifications implies Your consent and explicit agreement to the revised Terms. If any changes to the Terms substantially affect Your rights regarding the use of the Services, You retain the option to terminate Your use of the Services or deactivate Your Account through the Online Platform.

3. Relationship Between Parties: You acknowledge and confirm that Your use of the Online Platform does not create, imply, or establish any joint venture, partnership, employment, or agency between You and Modern Lifafa.

4. Nothing in these Terms shall derogate from Modern Lifafa’s right to comply with lawful requests or requirements from law enforcement authorities or regulatory bodies concerning Your use of the Online Platform or information obtained in relation to such use.

5. Assignment and Subcontracting: You shall not assign, delegate, or transfer any rights or obligations under these Terms without the prior written consent of Modern Lifafa.

6. Modern Lifafa reserves the right to subcontract any part of the Services to third-party service providers for effective fulfillment as per these Terms.

7. Governing Law and Jurisdiction: These Terms shall be construed and governed by the laws of India. In case of any dispute between You and Modern Lifafa pertaining to the Services, the exclusive jurisdiction lies with the courts of Saharanpur, Uttar Pradesh, India.

8. Arbitration: Any claim or dispute arising from this Agreement shall be referred to an arbitrator nominated by Modern Lifafa. The arbitration process shall adhere to the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Saharanpur, Uttar Pradesh and the proceedings shall be conducted in English.

9. Injunctive Relief: You acknowledge that a breach of this Agreement may result in irreparable harm to Modern Lifafa. In such cases, Modern Lifafa shall be entitled to injunctive relief or equitable remedies, in addition to other remedies and damages available.

10. Severability and Waiver: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Modern Lifafa ‘s failure to enforce any right or provision under these Terms shall not constitute a waiver of such rights or provisions.

11. Payments and Fees: All payments shall be made in Indian Rupees unless explicitly stated otherwise.

12. Fee Changes: Modern Lifafa reserves the right to modify, introduce, or change any fees or charges applicable to the Online Platform or Services at its discretion.

13. Unauthorized Access and Termination: Modern Lifafa shall not be liable for unauthorized access to Your data or unauthorized transmissions via the Services.

14. Modern Lifafa may suspend or terminate Your use of the Online Platform and Services at its sole discretion, for any or no reason, with or without notice.

15. Representations and Warranties: You shall not represent yourself as an agent or representative of Modern Lifafa, make warranties, or give undertakings or liabilities that impose obligations or responsibilities on Modern Lifafa towards customers or third parties, whether directly or indirectly.

GRIEVANCE REDRESSAL OFFICER

1. For any grievance, as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, You can reach out to Us by sending an email to info@modernlifafa.com

2. You can expect a response from Us within a reasonable time frame following the receipt of Your email

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