NayaRishta.com

Wedding Directory Purchase Terms and Conditions

The following document sets out the Wedding Directory terms and conditions upon which NayaRishta.com Limited ("the Company") provides an Internet based (online) wedding Directory information service and internet marketing facility to its subscribers on acceptance of the Order.

Definitions

1. In these terms and conditions:

"Company" means NayaRishta.com Ltd.

"Client" means the person, partnership or company detailed on the Order Form.

"Agreement" means the Agreement entered into between the Company and the Client and is subject to both the terms in the Order Form and those set out below.

"Website" means the Internet website operated by company as NayaRishta Wedding Directory

"Parties" means the Company and the Clients

"Services" means the provision by the Company of the interactive wedding directory and information service. The Annual listing and Banner advertising placement facility on the Website

"Subscriber" means the person, firm or company acquiring the Services (or part thereof) by way of Subscription or by the client

"Subscription" means the 12-month subscription fee paid or payable by the Subscriber for the use of the Services and 3, 6 and 12 months Banner fee paid.

"Subscription Listings" means Banner advertising and/or Annual Listing on the Website acquired by the Subscriber

"Visitor" means any party other than a Subscriber visiting the Website or any site forming part thereof

"Annual Listing" means listings placed on the Website by the Company. A full Business profile with three Images supplied by the client and a brief description as on the order form.

"Business Profile" means the Subscriber's business details listed on the website as supplied on the Order form.

"Banner" means all and any of the Subscriber's advertising banners displayed on the website as supplied by the subscriber or may be created by the Company subject to the Subscribers approval.

All banners created by the Company will remain their property.

2. The Company provides businesses with marketing opportunities by way of subscription to an Internet wedding directory and information service appearing on the Internet. The Company's website is www.NayaRishta.com.

3 The Website is comprised of both Annual Listings and Banners

4 The Company provides Subscribers access to the Internet and the facility to place Company profile and/or Banner entries within the whole or parts of the Website which can be located using various search criteria e.g. under the relevant business category. Visitors are enabled to visit areas of the Website, which are not designated 'Subscribers Only'.

5 These Terms and Conditions apply to all Subscribers and an acceptance by the Company of the Subscriber for a annual Listing.

6 All applications for Annual Listing must be submitted using the Company's Order Form.

7 No order placed by the Subscriber shall be deemed to be accepted unless the Customer has returned the Order Form supplied by the Company (signed by a duly authorized representative of the Subscriber) to the Company on either the facsimile number or the address provided on the Order Form.

8 The Subscriber must ensure the terms of the Order Form and the details and information supplied by the Subscriber are correct. The Company accepts no responsibility for any errors, omissions or other defects in the Order Form.

9 The Company reserves the right to reject any application and/or Order Form.

10 The Company reserves the right at any time without notice to remove any Subscriber from the wesite. In this event the Company is not obliged to give a reason but will (save in the case of the circumstances referred to in clause 12) return all monies due to the Subscriber on a time-apportioned basis.

11 Once a Business Profile and/or Banner entry has been published on the Website the Company may make three amendments free of charge in any one year. Thereafter a small charge per amendment will be made. The Company reserves the right not to deal with queries on the telephone and does not offer a telephone support service for the Business Card and/or Banner listings.

12 The Subscriber warrants that all and any material directly or indirectly provided by the Subscriber to the Company including its logo, advertising material, software, customer information and any other relevant data used in the promotion of the Services is in its beneficial ownership and that it holds the copyright or trademark thereto free from any impediment, charge or claims in favour of or by any other person and further that the use of such material directly or indirectly by the Company will not infringe any patent, registered design, copyright or design copyright of other intellectual property right of any third party. The Subscriber further warrants that it will not either directly or indirectly through connection (by hyperlink or otherwise) to its own or any other website or otherwise] use the Service for any unlawful or improper purpose such as:

12.1 The transmission or publishing of any material, which is of a defamatory, illegal, offensive, abusive, obscene

or unacceptable threatening character

12.2 Fraudulent, criminal, stolen or any unlawful products or information.

12.3 Otherwise in a manner, which constitutes violation or infringement of the rights of any other party

12.4 The Subscriber shall indemnify the Company in respect of any action claim cost or demand arising out of or in connection with any breach of the above warranties and in addition to any other rights of action or remedy available to the Company. The Company reserves the right to forthwith remove (without refund or compensation) from the Website all and any such offensive or unlawful material, entries, listings or connections thereto.

13 In the event that the Company has agreed to make submissions of Business Profile or Banners to Internet search engines Subscribers agree and accept that the Company has no control over such Internet search engines and as such cannot guarantee either the acceptance of the submission or the position location or appearance of the item submitted.

14 Whilst the Company will use all reasonable endeavors to ensure that websites or web pages on the Network or Business profile or Banners are visible in the most commonly used browsers like Internet Explorer, Firefox etc.

15 The Company reserves the right to amend or increase its published charges at any time without notice. Such changes will take effect at such times as they are published on the website.

16 The charges made for the provision of services are as stated in the Order Form at the time of acceptance thereof by the Company. When acknowledging acceptance of the Subscribers order for the annual listing the Company will confirm and notify the Subscriber of the appropriate charge. In the event of any increase in charges so notified to it, a Subscriber may cancel its application and the Company will reimburse the Subscriber with any sums paid if it is not in agreement with the increase in charges.

17 The charges quoted by the Company will be exclusive of any VAT, which the Subscriber shall pay in addition.

18 Any written acceptance made by the Company of the Subscribers order is only valid for a period of 14 days.

19 Payment can be made by cheque, CHAPS or BACS. The Company does not accept payment by debit or credit cards.

20 The Subscriber is required to pay the price in accordance with the payment terms set out in the Order Form supplied by the Company.

21 The time for payment of the price shall be of the essence. No payment shall deem to have been received until the Company has received cleared funds.

22 All payments under this Contract shall be in sterling pounds without any deduction of set off or withholding whatsoever unless the Subscriber has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Subscriber.

23 If the Subscriber fails to make any payment on the due date the Company, without affecting any other right or remedy available to the Company the Company shall be entitled to: -

23.1 cancel the Contract; or

23.2 claim interest under the Late Payment of Commercial Debts (Interest) Act 1998

23.3 Remove, or not remove (at the Company's discretion), the Subscriber from the website without

prejudice to the Company's right to claim for the monies owed, interest and costs of collection.

24 The contract for Subscription to the website takes effect from the date of acceptance by the Company of the Subscribers order and continue for a period of 12 months and thereafter from year to year unless or until determined by either party upon not less than three calendar months notice to expire at the expiry of twelve months or (if notified thereafter) the relevant anniversary date.

25 Save in the circumstances described in Clauses 3.6 and 4.2 the Company shall make no refunds and, in particular, no Subscriber shall be entitled to a refund where a request is made to the Company to cancel provision of the Services following acceptance of an order.

26 Business Profile and/or Banners will not be created/amended/renewed until such time as the Company are in receipt of payment.

27 The Subscriber is responsible for providing the Company with all information including but not limited to key words, company logo, business profile description, banner designs and website and e-mail links to create the Business Profile and/or Banner. The Company will provide a Business Profile and/or Banner based on the information provided to it by the Subscriber.

28 Information concerning a Subscriber contained on the website will be derived from information provided by the Subscriber and it is therefore the Subscriber's responsibility to ensure that the information contained in the same is accurate by checking the website.

29 The Company shall not be required to include within any Business Profile or Banner listing any matter which in its opinion is or may be of an illegal or defamatory nature or which may give rise to any liability on its part. This will not give grounds for terminating the Subscription by the Subscriber.

30 In addition to the warranties and indemnities contained in Clause 3.8 the Subscriber shall keep the Company and all of its employees and agents indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liability whatsoever which may be made against the Company, its employees or agents or which such persons may sustain, pay or incur arising out of or in connection with any illegal or defamatory matter included on any website regardless in what language the matter is published for the Subscriber or any infringement of trademarks (registered or unregistered) copyright, patent or design. This indemnity is given to the Company for itself and for its employees and agents and as agent for such employees and agent.

31 Unless otherwise agreed any property or material supplied by or on behalf of the Subscriber in order for the Company to provide the Subscription will not be returned to the Subscriber.

32 The Company's liability for any loss, injury or damage of any nature whatsoever, whether direct or consequential, arising out of or in connection with the provision of the Services whether arising out of a breach of implied or expressed term, warranty or condition shall not exceed the amount paid by a Subscriber in charges in respect of any one year.

33 The Company shall bear no liability for loss, damage or delay howsoever arising caused by circumstances outside its control.

34 The provision of the Services is at all times subject to availability and whilst the Company shall exercise due care in the provision and maintenance of the Services it may for technical, operational or other valid business reasons have to vary or temporarily suspend the Services. The Company shall have no liability for any failure or delay caused by acts or omissions of the Subscriber or resulting from actions taken by the Company in good faith to update or maintain equipment or services or to avoid the transgression of any law, or any rule or regulation of a governmental authority or which is caused by circumstances beyond the Company's control, including (without limitation) breakdown or failure in transmission or communication links or any third party equipment, strikes or industrial disputes.

35 Copyright in any works created on behalf of a Subscriber, excluding business profile or banners, in the course of provision of the Services shall remain the property of the Company until all monies have been paid.

36 These terms and conditions shall be governed by and construed in accordance with English law and the Company and the Subscriber agree to submit to the non-exclusive jurisdiction of the English Courts.

37 Nothing in these terms and conditions shall prevent or hinder either the Company or the Subscriber from complying with their legal obligations as to disclosure or otherwise under the Consumer Credit Act 1974 and the Data Protection Acts 1984 and 1988.

38 Time for the performance by the Company if its obligations to the Subscriber is not and shall not become of the

essence.

39 Unless there is a variation under this Clause the Contract will be on these Conditions to the exclusion of any other terms and conditions (including any terms and conditions which the Subscriber purports to apply under any purchase order, confirmation of order or other document)

40 No variation to these Conditions shall be binding unless agreed in writing and signed by one of the Company's

Directors.

41 The Company shall not be liable to the Subscriber or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform any of the Company's obligations arising from these terms and conditions if the delay or failure was due to any cause beyond the reasonable control of the Company

42 Each of the provisions of these Conditions is sever able. If any provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or unenforceability in that jurisdiction of the remaining provisions of the Conditions shall not in any way be affected or impaired by it.

43 Words denoting the singular shall include the plural and vice versa.