TERMS AND CONDITIONS
BEFORE DOWNLOADING OR USING THE APPLICATION/WEBSITE PLEASE READ THE BELOW TERMS AND CONDITIONS FOR USE OF THIS USE CAREFULLY
“Smilingfams” may, in its sole discretion, modify, restrict, change, or otherwise alter these terms in whole or in part, impose limits on certain features or restrict the user’s access to part or all this application. By continuing to access and use this application; the user will be confirming his/her consent to, agreement with, and understanding of, such modifications, changes or alterations.
THE USER AGREEMENT/ Terms of USE
This user agreement is a legal agreement between you and “Smilingfams” (Licensor, us or we) for Familiatrees (Version) and above as updated from time to time mobile application software (App) as available on www.familiatrees.com.
We license the use of this App and Documents to you based on this Agreement and subject to any rules or policies applied by the Google Android application store from whose site, located at www.familiatrees.com the user downloaded the App (App Store Rules).
We do not charge any cost for the download of this App however the app may contain added in-app chargeable features. The user hereby confirms that he/she shall be charged with the internet usage charges in accordance with its plan with its Service Provider.
We do not sell the App or its related Documents to you. We are the owners of the App and Documents remain the owners of the App and Documents at all times.
Operating system requirements: This App requires an Android device and acquires multiples MB of memory. Internet access and android device operating system.
This Agreement is a valid legal document hereby; the user confirms that he/she is not declared as ‘Incompetent to Contract’ which inter alia include insolvents as described by the Indian Contract Act, 1872.
1.1.    “US/ We / OUR" is Smilingfams, a company duly registered under the laws of India, with Company Registration No 2210200316769797, and having its registered office and business address at A 2, Anupama Society, Chafekar Bandhu Marg, Near Shreenath Tower, Mulund East, Mumbai 400081; website www.familiatrees.com. Email:- info@familiatrees.com.
1.2.    The “Terms" are these terms and conditions governing the use of the familiatrees app and Services along with the Privacy Policy and Contest Rules and shall apply to the exclusion of all any other terms and conditions (including any terms implied by trade, custom, practice or course of dealing).
  1. DEFINITIONS AND INTERPRETATION
    1. Any Person (“User”) is an individual who has or register/ open or participating in the contest on our app/ website.
    2. "Payment" refers to all types of payment mode that is credit cards, Debit card, NEFT, Net Banking or any other payment source through which “User” make payment to avail the family tree benefits and other services offered in the application.
    3. “Familatrees Application” shall mean the application downloaded by the “User” to play the game.
    4. “Agreement” is the contract between the user and the company.
    5. “Wallet” means a slot provided to the user in the app where his Deposits, winning and refund will be credited
    6. "Governing Authorities and Law" are authorities of Mumbai, Maharashtra India.
    7. "Payment Gateway" means an agent between the company and the user for various payment.
    8. The "Place of the Agreement" is Mumbai, Maharashtra, India.
    9. “Prize” is an amount, bonus and/or a reward that can be won by the User in Participating in this Contest.
    10. “Restricted Territory” This familatrees app may not be used by residents of the Restricted Territories.
    11. “Services” are online maintaining family information, matrimony and charitable activities provided by us to the User through the familiatrees application.
    12. The "familiatrees" is the application software/ website www.familiatrees.com and all variants thereof, including our mobile apps where all current and relevant information regarding our operations is available, and through which the Services are provided to the user.
    13. A “Charity” is a service offered by us on the familiatrees app in which Users are facilitated for donations.
    14. “Balance” is the credit available in the wallet that is provided in the application and includes the amount added by a User through various payment modes.
    15. “Fee” refers to the fee which Users pay in the form of online payment in their Account to use services offered by familiatrees app.
    16. “Region” shall mean the territory of India.
  2. NATURE OF SERVICE
    1. This App is intrinsically designed for proving following services,
      Online family tree maintenance
      Online matrimony services
      Online platform to offer charitable services for Users .
    2. IN NO EVENT, we shall be held responsible for any legal consequences arising as a result of any update/post/sharing of any information/material by you on this App. However, our app is designed for the following purpose:
      The Company is into the business of online pedigree services, i.e. “Online familytree”, helps to manage and store the information of family pedigree. Additional to this we are also into the matrimony business. Additional to this, we facilitate users for charitable services. The application is based on family sentiments, relationship building and to support society through charity.
  3. TERMS AND CONDITIONS
      4. The terms of this Agreement apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this Agreement.
  4. Through signing up an Account in familiatrees app, By participating individuals can avail the services, each User agrees that:
    1. The participant has read, understood and agrees to be bound by the Terms and conditions;
    2. The participant is aged 18 years and above
    1. Certain geographical territories in which access to and/or use of the Services and/or familiatrees are illegal. It is the ultimate responsibility of the User to ensure that it is not in breach of any prevailing law when accessing or using the Services and/or the familiatrees application.
    2. We may change terms at any time by sending you SMS or notification. Revised terms may be displayed in application and you may be required to read and accept them to continue your use of the Services.
    3. Updates to the App may be sent through a notification and you may have to download the updated app, from time to time as and when notified.
    4. The app may contain links to third-party websites, which are not under our control, and we are not responsible for their content or their privacy policies.
    5. If the use of the such services is illegal in a User’s location or the User is otherwise restricted from use of the Services, he/she must stop using the Services and/or the APP with immediate effect.
    6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
  5. CREATING ACCOUNT
    1. Person Interested/willing to use services/ application has to register or open account, and the individual is referred to as the User. Upon successfully formation and certification of the account will be able to play and provide below details:
      1. Users Full name followed with surname if any ;
      2. Gender
      3. Date of birth
      4. Username (any) of your choice
      5. Mobile number
      6. Email ID
    2. Company may request for ID proof for check and verification of information.
    3. Company reserves the right to cancel the ticket if any discrimination found.
    4. participating applies to become a User confirms and agrees that Participant :
      1. A participant is a physical person (a legal entity will not be accepted as an Account Holder);
      2. A participant is not a resident of a Restricted Region;
      3. A participant is not acting on behalf of another party or other person;
    5. The App may contain advertisement or promotional updates, and the User must not have any objection on that. The company has the right to give advertisement or promote any third party. Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    6. Each individual undertakes that the information provided is correct, complete and true. If the same is found to be untrue The Company reserves the right to dismiss/ cancel the account. And treat it as a breach of the agreement.
    7. Users themselves are liable and responsible for their interaction communication advertisements on app or with the app members. Company is nowhere responsible for the dispute arising or subsisting between the individuals by using this app and company reserves its right to take action against inappropriate action by the users. However, Company is under no obligation to take actions and its there sole discretion to do any of such act or not . However, COMPANY is not obliged to share such action with other members, including complainants. COMPANY expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
    8. Every individual who sign up to be a User confirms that understands and agrees that:
      1. the Services are created and used for individual and social benefits
      2. the User have agreed to open account and use the services as there is requirement on the individual to use the Services and
      3. Persons may only use the Services and/or the app for individual, personal, and not for any other professional purposes.
  6. GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this Agreement by reference. We reserve all other rights.
    2. You may: download or stream a copy of the App onto an Android device and to view, use and display the App on the Devices for your personal purposes only; and use the Documents for your personal purposes only.
  7. LICENCE RESTRICTIONS
    8. Except as expressly set out in this Agreement or as permitted by any local law, you agree not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents; not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: is used only for the purpose of achieving inter-operability of the App with another software program; is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
  8. COMMUNICATION
    1. If you wish to contact us in writing, you can write to us at info@familatrees.com will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by sending an e-mail on the email Id which is provided by you.
  9. RETURNS, REFUND AND CANCELLATION
    1. Refund of entry fees will be given once it is proven that the fault/error was in service provided by us , that too after proper investigation and study of facts done by the company.
    2. Refund of any nature what so ever will be credited to the wallet of the user.
  10. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this AGREEMENT that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this AGREEMENT: our obligations under this AGREEMENT will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavors to find a solution by which our obligations under this AGREEMENT may be performed despite the Event Outside Our Control.
      1. In case the users are using computer/ mobile/ e device, the company holds no responsibility for any interruption or failure in the net or system.
      2. Company is and shall not be held liable for any type of delay/ loss or damage suffered by the user or any third party arising due to failure of device or system used or arising because of any failure arising in the Service which arises from incompatibility of the User’s device and/or computer system;
      3. any third party virus attack or hacks or other malicious acts that can be traced to the OLHAPP
  11. ACCEPTABLE USE RESTRICTIONS
    12. You must: not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(to the extent that such use is not licensed by this AGREEMENT); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  12. INTELLECTUAL PROPERTY RIGHTS
    13. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the App in source-code form.
  13. NO WARRANTY OR SUPPORT
    1. You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
    2. To the maximum extent permitted by applicable law, the App and Documents and Services are provided "AS IS" and “AS AVAILABLE”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights.
    3. We do not warrant against interference with your App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty.
  14. OTHER IMPORTANT TERMS
    1. We may not transfer our rights and obligations under this AGREEMENT to another organization, but this will not affect your rights or our obligations under this AGREEMENT.
    2. By registering in this app the user agrees to all the terms and conditions of the company as given in the agreement.
    3. Every condition of this AGREEMENT functions separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    4. Please note that this AGREEMENT, its subject matter and its formation, are governed by Indian law. You and we both agree that the courts of India will have non-exclusive jurisdiction.
    5. The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any/all disputes arising out of, or in connection with, Services provided by app, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
    6. In the event of any legal dispute, if arise, the party raising dispute needs to give a written notice/letter/email to the other party. On receipt of notice/letter/email, the parties shall first try to resolve the dispute through personal discussions and interaction. In the event that the parties are unable to resolve the dispute within Sixty (60) days of receipt of notice/letter/email, the dispute shall be settled by arbitration.
    7. This agreement has been entered into on the date of registering on app.