Terms and Conditions of membership in Viswakulamanamalai
Welcome to Viswakulamanamalai.com (herein referred as CM).
This document is an
electronic record in terms of the Information Technology Act, 2000 and rules
there under pertaining to electronic records as applicable and amended. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is
published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules,
2021 (hereinafter referred to as Rules) that require publishing the rules and
regulations, privacy policy and the terms and conditions for access or usage of
www.Vishwakarma.com (the "Website") / "WAP" (Wireless
Application Protocol)/ Mobile App "APP"
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE/WAP/APP.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE/WAP/APP IMPLIES YOUR
AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS
("Agreement"). If you do not want to be bound by the Terms and
Conditions, you must not use the Website of CM WAP/APP or the CM (Vishwakarma
Matrimony) CM WAP/APP Services. The Terms and Conditions also include the
applicable policies which are incorporated herein by way of reference and as
amended from time to time (the "Terms and conditions").
In these Terms, references to
"CM member" shall mean the end user accessing the Website/CM
services, its contents or using the CM Services offered. "CM member"
also includes persons such as father, mother, brother, sister, relative or a friend
("Registrant") of the prospective bride/ bridegroom. The terms
"You" and "User" shall be interchangeably used for term
"CM member". "CM Services" means a collective reference to
the Community Matrimony service provided by Matrimony.com Limited, CIN :
L63090TN2001PLC047432, a company under the provisions of companies act, 2013
and having its registered office at No.94, TVH Beliciaa Towers, Tower - 2, 5th
Floor, MRC Nagar, Chennai, Tamil Nadu - 600 028('MCL/Company'). The terms
"We/Our/us" shall be used interchangeably for term
"MCL/Company".
Scope
You understand and
acknowledge that Vishwakarma Matrimony(CM) act as an "Intermediary"
as defined under clause (1) sub-clause (w) of Section 2 of the Information
Technology Act, 2000.CM is a brand owned by Matrimony.Com Limited (MCL) which
owns, retains and has complete rights in CM and the CM Website / WAP/ App/CM
Service.
CM acts as a
platform to enable any user to themselves register on it (by filling the
mandatory fields and optional fields, (if any) to voluntarily search for profile(s)
from the database of CM's already registered users, for seeking prospective
lawful matrimonial alliances for themselves. Our retail store may also be able
to assist you to create your profile, however, you must have a
valid/operational mobile phone number and an email id. The profiles in the
database of CM are classified broadly on the basis of language and region for
the ease and convenience of its member / customer. CM Members are provided with
free/paid access for searching profiles from the database of CM, as per the
partner preference set by you (on the Website/Applications - (App) and you can
shortlist the profiles in which you are interested.
1. Eligibility
A) CM Membership
and rights of admission is reserved solely for :
I. Indian Nationals
& Citizens.
II. Persons of
Indian Origin (PIO).
III. Non Resident
Indians (NRI).
IV. Persons of
Indian Descent or Indian Heritage
V. Persons who
intend to marry persons of Indian Origin
B) Further in
capacity as CM member you confirm that you are :
I. 18 years or
above (if you are a woman) or 21 years or above (if you are a man);
II. If you have
applied for Divorce, you may register on our website/App by stating
"Awaiting Divorce".
III.If you are a
resident of any other Country, you are legally competent to marry as per the
local rules applicable to your country and you shall comply with the Indian
laws for marrying a person of Indian Origin
C. In case you are
a Registrant of the prospective bride/ bridegroom and has created profile in CM
Website/WAP/App on behalf of them or is accessing the CM Website/App on behalf
of them implies that you have taken their consent for their profile creation in
CM and for accessing the CM Website/WAP/App.
2. Registration
A. We expect that
you would complete the online registration process with fairness and honesty in
furnishing true, accurate, current, complete information and with providing
recent photos of you which will help you to meet your parameters .We expect you
to read the relevant column before keying in the details or selecting the
option available or uploading the photo. You are requested not to key in
details of the profile in field other than the applicable field (including
mentioning id's of other platforms/websites/App or repeating your details in
another fields, after filling them once in the relevant fields or others
photographs. In order to serve you better if We require additional details you
agree to provide it. You may also give a missed call to any of our retail
outlets phone number for us to call you back and assist you in getting your
profile registered on our website/App. Further you may fill in your email id
and phone number in any of our registration campaigns appearing in various
websites as part of our advertisements, basis which you may receive call from
our Customer Service Center and assist you in getting your profile registered
on our website/App. We may also reproduce your profile information in other
matrimonial websites owned by MCL including community based websites to provide
better matching Profiles to you.
B. If at any point
of time We CM come to know or is so informed by third party or has reasons to
believe that any information provided by you for registration (including
photos) or otherwise is found to be untrue, inaccurate, or incomplete, We /
then CM shall have the full right to suspend or terminate (without any notice)
your CM membership and forfeit any amount paid by you towards CM membership fee
and refuse to provide CM service to you thereafter.
C. CM also reserves
the right to block the registration of your profile on Website/App, if any, in
the case of your contact details/links being entered in irrelevant fields or if
there are errors in any data entered by the CM members in their profile.
D. Registration of
duplicate profiles of the same person is not allowed in CM Website/WAP/APP. We
CM shall have full right to suspend or terminate (without any notice) such
duplicate profile.
E. You acknowledge
and confirm that your registration with CM and the usage of CM services is with
the bonafide intention of marriage and not otherwise. CM Membership is
restricted strictly to the registered CM individual member only. Organizations,
companies, businesses and/or individuals carrying on similar or competitive
business cannot become Members of CM and nor use the CM Service or CM members
data for any commercial purpose, and We CM reserve our its right to initiate
appropriate legal action for breach of these obligation.
3. Account Security
You are responsible for safeguarding
the confidentiality of your CM login credentials such as your user id,
password, OTP, etc., and for restricting access to your computer/mobile to
prevent unauthorized access to your account. We, as a Company do not ask for
Password and you are cautioned not to share your password to any persons.. You
agree to accept responsibility for all activities that occur under your
account.
4. Role and
Responsibility of CM
A. CM reproduces
your details once you register on our website / WAP/ App on "as is"
and "as available" basis and also share your profile with other
registered CM members within website(s) of MCL.
B. Our CM
obligation is only to provide a CM interface to its registered members to
search their prospect themselves without any assistance.
C. The profile
search conducted by any CM member and the matches shown thereof are
automatically generated by CM, and based on the partner preference set by you.
In the event of CM member changing their partner preference on the Website/App,
then the automated system generated prospect results of the Website/App may
also undergo corresponding change.
D. CM does not
prohibit any CM member from sending interest to your profile or communicating
to you based on their partner preference. But you are at the liberty to deny
their interest or proceed further if you are interested.
E. We cannot
guarantee or assume responsibility for any specific results from the use of the
data available from the CM service or from other matrimonial websites owned by
MCL including community based websites.
F. CM shall
safeguard sensitive user information using security standards, authentication
mechanisms, access controls and encryption techniques.
G. CM cannot
guarantee the complete protection of user data while it is in transit, or
prevent any tampering of the data by a third party with malicious intent before
the data reaches the CM servers
H. CM does not
authenticate/endorse any information of any profile and hence you as a user
need to verify the credentials and information provided by other users.
5. Role and
Responsibility of CM Member
A. You shall
safeguard your profile information by creating a strong password during profile
creation with combination of alphabets, both upper and lower case and numbers.
F. CM Members are
advised to refrain from:
i. Entering into
any financial transactions with prospects. CM Members shall not seek financial
help or provide financial help from / to the other CM Members.
ii. Using abusive
language when they communicate with the other CM Members
iii. being
discriminative or using racial comments etc.
iv. Sharing of
confidential and personal data with each other but not limited to sharing of
bank details, etc.
v. Entering into
physical relationship with any prospect before marriage.
vi. violating any law
for the time being in force.
vii. From
mentioning details of other matrimonial services while sending personalized
messages
G. CM members are
expected to visit URL https://www.Viswakulamanamalai.com/safematrimony/ for
understanding the safety measures on partner search and awareness towards
online safety.
H. CM Members are
expected to be cautious of prospects who ask for favours / sexual favors,
sexual favors money etc or call from multiple phone numbers, only interact over
phone, doesn't come forward for face to face meeting (physically or through
video calls) and don't involve family and friends in match making. Beware of
suspended profiles status before you finalize an alliance with the prospect.
I. The CM members
agrees that for getting effective search results of prospects on Website/App
you will regularly log in to the profile maintained in the Website/App and send
expression of interest which is an automated messages to prospects as a free CM
member, and in the event you have availed paid CM package, you can send
personalized messages to prospects to show your expression of interest/replies.
CM member also may review the expression of interest sent to you / read the
messages sent to you by prospects and may respond suitably.
J. You also agree
that while accessing / using the Website/WAP App, you will be guided by the
terms and conditions of the Website/WAP /App including but not limited to the
use of feature of website/WAP App like chat instantly with prospect, viewing
horoscope of prospects, enhancing privacy settings (photo/horoscope/phone
number) or for viewing social and professional profile of members on their
Facebook, LinkedIn, etc.
K. If the CM Member
fails to update in CM website/App, any change in the particulars furnished in
their profile, then the CM membership may be suspended by us at our sole
discretion.
L. CM Member shall,
in case of finalization of his/her/their Registrant's marriage, delete their
profile by themselves or intimate us for removal/deletion of their profile.
M. CM Members agree
to use secure devices, software and networks in a private place for accessing
the CM services.
L. CM Member shall,
in case of finalization of his/her/their Registrant's marriage, delete their
profile by themselves or intimate us for removal/deletion of their profile.
M. CM Members agree
to use secure devices, software and networks in a private place for accessing
the CM services
N. CM member shall
not use any kind of Bots like web robots, Chatbot or any other automated
processes/programs/scripts to use, communicate or respond in CM Website/App.
O. CM Members shall
not probe, scan or test the vulnerabilities of the CM Website/App or any
networks neither connected to the Website/App nor breach the security measures
instituted by CM
P. You shall also
not make any payment / transfer any amount to account of any MCL employees. All
payments shall be made only to the account of MCL.
Q. CM members are
expected to approach MCL to resolve their complaints and grievances and shall
not air their grievance/complaints in social media.
6. Customer Care /
Customer Service
In the event you
come across any concerns in our service, then please be free to contact us:
Contact details:
Moblie:7502071256
Thiruvrumbur, Trichy,
Tamil Nadu - 620014.
Email: admin@viswakulamanamalai.com
7. Medium of Communication to CM Members
a. CM member hereby
consents for receiving communication including promotional communications
through any medium of communications such as electronic mails, calls, SMS or
through Whatsapp messages from MCL or other portals owned by MCL or their
alliance partners.
b. CM by its
automatic system sends to its member (s) profile (s) of the prospect by way of
images/ documents/ messages / links. CM member confirms that the mobile number
submitted to it for verification or alternative number if any provided, is not
registered with the Do Not Disturb / National Customer Preference Register and
they shall not initiate any complaint. CM Member further confirms that even if
CM Member is registered with the telecom service provider under the category Do
Not Disturb / National Customer Preference Register the calls from CM either to
the verified mobile number or alternative number if any provided shall not be
treated as promotional calls.
C. You are also
entitled to set up your communications frequency from us / CM, like - only on
weekends or fortnightly etc. You may also opt for not getting any call from us
/ CM by ticking the appropriate box in the Website/WAP/App, provided that, you
agree to receive calls from Relationship Manager of Assisted Matrimony/ Elite
Matrimony for contacting you as a shortlisted profile for their registered
members.
8. Confidentiality
Any feedback you
provide to us CM shall be deemed to be non-confidential. We CM shall be free to
use such feedback/information on an unrestricted basis. Further, by submitting
the feedback, you represent and warrant that
(i). your feedback
does not contain confidential or proprietary information of yourself or third
parties;
(ii). CM member is
not under any obligation of confidentiality, express or implied, with respect
to the feedback;
(iii). you are not
entitled to any compensation or reimbursement of any kind from us CM for the
feedback under any circumstances.
9. Privacy of
Membership
To protect your
privacy and understand our practices as amended from time to time, please read
and follow our Privacy Policy which also governs your visit to CM and other
websites owned by MCL, the personal information / data provided to us by you
during the course of usage of CM will be treated as confidential and in
accordance with the Privacy policy and applicable laws and regulations. If you
object to your information being transferred or used, please do not use the
website.
10. Grievance Officer
In the event you
come across any violation by another user including but not limited to having
content in the web site that is obscene, menacing, grossly offensive, harming
minors, infringing copyright, patents, etc., or another user is impersonating
etc. you may then please be free to provide your concerns in writing or email
us with digital signature to:
Contact details:
Moblie:7502071256
Thiruvrumbur, Trichy,
Tamil Nadu - 620014.
Email: admin@viswakulamanamalai.com
The Grievance office shall be available
between 10 am till 6 pm Indian Standard Time from Monday to Saturday excluding
Sunday and public holidays in India. The Grievance officer is appointed as per
Rule 11 of the Rules. Any and all complaints to the Grievance Officer shall be
in writing
The Grievance
Officer shall handle complaints in relation to the following violation by the
User of computer resource as the User is not entitled to host, display, upload,
modify, publish, transmit, store, update or share any information on the
Website/App that -
A. belongs to
another person and to which the user does not have any right;
B. is obscene, pornographic,
paedophilic, invasive of another’s privacy including bodily privacy, insulting
or harassing on the basis of gender, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or promoting enmity
between different groups on the grounds of religion or caste with the intent to
incite violence;
C. is harmful to
child;
D. infringes any
patent, trademark, copyright or other proprietary rights;
E. deceives or
misleads the addressee about the origin of the message or knowingly and
intentionally communicates any misinformation or information which is patently
false and untrue or misleading in nature;
F. impersonates
another person;
G. threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign States, or public order, or causes incitement to the commission of
any cognisable offence, or prevents investigation of any offence, or is
insulting other nation;
H. contains
software virus or any other computer code, file or program designed to
interrupt, destroy or limit the functionality of any computer resource; (ix)
violates any law for the time being in force;"
11. Disputes
between Members
A. CM Members are
solely responsible for the communications (through any medium) with prospect or
vice versa. We CM expressly disclaim any responsibility or liability for any
monetary transaction(s) or exchange(s) or interaction(s) or passing of
information(s) etc. between any CM members inter se via e-mail, chat,
interaction, Whatsapp or any other medium of communication between CM members
either using website /WAP/App or otherwise.
B. CM has no
obligation, to monitor any such disputes arising between the CM members, and We
CM shall not be party to any such dispute/litigation etc.
C. We are CM is not
a broker or the agent of any CM member, and CM does not partake in the exchange
of any kind of discussion between the CM members and prospects or the results
of their discussion.
12. Content Right
I. You agree that
all content of CM belong to MCL excluding your or third party content including
advertisement on the Website/WAP/App for which We have / We has requisite
license/right in terms hereof to display the same on our Website/WAP/ App.
II. You acknowledge
that you alone are responsible and liable for the content (mandatory or
optional content you provided on our website) and information including the
profile details, photograph and other content(s) keyed in the relevant field of
the Website/WAP App at the time of the creation of the CM profile or
subsequently modified by you and also for all the post and communication
(including personalized messages sent by CM paid members) with other member(s).
You hereby represent and warrant that you own all rights, title and interest in
your content/information or have the necessary licenses, rights, consents, and
permissions to provide the said content/information. However, by submitting the
content/information to CM, you hereby grant us CM a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, publish, communicate to the
public, law enforcement agencies, courts, and Our / The CM's business and
services, including without limitation for promoting, communicating to the
public and redistributing part or all of the content/information (and
derivative works thereof) in any media formats and through any media channels.
III. While CM does
not accept any obligation to monitor the content/information in your profile,
if the content/information is found not to be in compliance with these Terms
and conditions, CM may delete the content/information and / or terminate or
suspend your registration or (without a refund of any subscription paid by you
in terms of clause 2 (b) of these terms and conditions). You agree that if the
situation warrants, We CM may at our / its sole discretion put restriction on
any CM member to other member's communications.
IV. MCL reserves
the right to proceed/initiate appropriate steps under the prevailing law
against infringement by violators of the its proprietary rights or for
illegally copying, modifying, publishing, transmitting, distributing,
performing, displaying, or selling of any such proprietary information
including using it for commercial purpose in any manner whatsoever.
13. Third Party
website
A). CM member
understand and agree that We may allow third parties to put up advertisements
on the CM application/Website and We do not control the contents of such third
party advertisement on the CM application/Website. Third party websites to
which links are given on Website/App are not governed by these Terms and
conditions and all such third party websites are governed by their own terms
and conditions for use and privacy policy, and in case of conflict the terms
and conditions of the third party website shall prevail. The Company does not
in any manner whatsoever authenticate, endorse, verify or certify these third
party websites or any contents therein. Please note that a user shall click on
links to third party websites at his / her sole risk and responsibility.
B). The CM members
agrees and understands that CM may also allow third parties to provide CM
members services on the website/App like horoscope matching etc., and We may
also collect the payment for such third party services to you, and CM in this
regard, We can have revenue sharing arrangement with such third party, however
in no event shall We are CM be liable to you for such third party services.
C). CM reserve the
right to add/delete/alter/modify/suspend any or all the CM Services at any time
as it may deem fit, without notice. The CM members are expected to see the
change on the Website/WAP/ App
14. Limitation of
liability
A. MCL / CM or its
Office bearers shall under no circumstances be liable or responsible to the CM
member or his/her authorized Representative or Registrant / Guardian or any
third party for any direct, indirect, special, exemplary, incidental, or
consequential damages of any character including, without limitation, damages
resulting from the use of our Website/WAP/ App/Third Party Website/ CM
services.
B. CM inform you
that the exchange of profile(s) through or by us CM should not in any way be
construed as a matrimonial offer and/or recommendation and / or advice or
guarantee given to the CM member, from/ or by CM
C. Notwithstanding
anything to the contrary contained herein, Our / CM's liability to you for any
cause whatsoever, and regardless of the form of the action, will at all times
be limited to the amount paid, if any, by you to CM, for any specific CM paid
package, and no further
D.MCL / CM will not
be liable in case of any wrong/improper match made due to unavailability of
profiles from CM MCL's owned other websites.
E. MCL / CM or
its office bearers shall under no circumstances be liable, if any, for the CM
member entering into financial transaction with any other CM Member or any
third party.
F. MCL / CM or
its office bearers shall under no circumstances be liable, if any, for any CM
members not responding/reciprocating when you approach them for matrimonial
alliance.
15. Class Action
Suits
You acknowledge and
confirm that you will not bring or participate in any class action or other
class proceeding in connection with any dispute with us / CM. Further neither
you nor MCL / CM agrees to class arbitration.
16. General
In case the event
you file a false complaint against another prospect on our Website /App and
consequently we have suspended/deleted that prospects profile based on your
complaint, then we reserve our right to initiate appropriate legal
(Civil/Criminal) action against you and claim any and all costs expenses from
you, for such irresponsible/misrepresentation/illegal/unlawful action. We also
reserve our right to suspend your profile and forfeit any and all amounts paid
by you for the CM services as per clause 2 (b) of these terms and conditions.
17. Notwithstanding
anything contained herein, CM reserve the absolute right to delete, in any
manner as it deems fit, any content of any profile listing placed on CM
website/App (once such instance come to CM notice) in order to ensure, that
proper consent has been obtained by you , prima facie accuracy and the
prevailing laws in force for the time being, especially those relating to
providing any obscene, libelous, blasphemous, slanderous, defamatory or
invasive of another person's (deceased or alive) right of privacy or publicity,
or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive,
harassing, threatening, hateful, objectionable with respect to race, religion,
creed, nationality, gender or otherwise unfit for reproduction; or suggests or
encourages unfair or illegal /indecent, unlawful activity. CM also reserves the
right to block/ delete / suspend the profile which might be offensive, illegal
or that might violate the rights, harm or threaten the safety of our office
bearers/employees (including undue communication with any employee) and/or
other registered prospects or using our CM website/App as a means of
communication while sending messages to other CM members regarding their
profile identity in other matrimonial websites.
18. Once your
paid membership expires, you cannot avail the unexpired balance phone call
count/ unexpired SMS. Similarly, you cannot access the already viewed CM
member(s) contact information unless you renew your account within 30 days.
19. However on
renewal, the unexpired phone call / SMS shall be carried forward to your
account from the last day of expiry
20. In case of
conflict between the terms and condition of Website/WAP App and terms and
conditions of any other website including other websites of MCL, the terms and
condition of CM Website/App shall prevail for the service provided through this
Website/App.
21. Disclaimer
A. Your access to
and use of the CM Services or any content is at your own risk. YOU UNDERSTAND
AND AGREE THAT THE CM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT
PERMITTED BY LAW, CM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CM does
not warrant that the Website/WAP/App, its servers, or e-mail sent from CM are
free of viruses or other harmful components. We are CM wil not liable for any
damages of any kind arising from the use of this CM Website/App, including, but
not limited to direct, indirect, incidental, punitive, and consequential
damages.
B. We do CM does
not give any implied or explicit guarantee or warranty of marriage or alliance
by you choosing to register on our Website/App and using CM services (both paid
and free).
C. Notwithstanding
anything contrary contained anywhere, under no circumstances, CM shall be held
responsible or liable whatsoever or howsoever, arising out of, relating to or
connected with:
i. any act or
omission done by CM /MCL/payment gateway/alliance partner etc.;
ii. any untrue or
incorrect information submitted by any CM Member/you or on your behalf;
iii. any decision
taken by you or on your behalf or any consequences thereof, based on any
information provided by any other user (including suspension/deletion of the
profile from CM);
iv. any
unauthorized or illegal act done by any third party relating to or connected
with any information submitted by you or on your behalf;
v. any cybercrime
attempted or committed by anyone and
vi. any incident of
force-majeure or 'act of god'.
vii. Any issue
already stated in these terms and conditions including limitation of liability
clause of these terms and conditions.
viii.
Using/availing of third party services namely horoscope matching services etc.
and for paying them through the Website.
ix. CM shall not be
liable for the outcome of during any interaction in a meeting, call, sms, chat,
email or social media posts at any point of time.
x. Any issues
relating to any technical malfunction of any telecommunication network,
software, hardware failures, network congestion, denial of service, failure due
to spamming or any combination of the above.
D. You expressly
agree that your use of this Website/App is at your sole risk.
E. We are not
liable to you for any damage or alteration to your equipment including but not
limited to computer equipment, hand-held device or mobile telephones as a
result of the installation or use of the app. We are not liable to you for any
damage or alteration to your equipment including but not limited to computer
equipment, hand-held device or mobile telephones as a result of the
installation or use of the App.
22. Indemnity
By using our CM
services you agree to defend, indemnify, and hold harmless MCL/CM , its
subsidiaries, affiliates, Directors, officers, agents, and other partners and
employees, fully indemnified and harmless from any loss, damage, liability,
claim, or demand, including reasonable attorney's fees, made by any person
through improper use of the service provided by us CM. This defence and
indemnification obligation will survive in perpetuity.
23. Termination
CM in good faith
reserve our right to terminate your CM membership or suspend/delete your
profile at our sole discretion without any notice to you and take any action as
mentioned in clause 2 (b) of the Terms and Conditions, in case you
I. seek physical /
financial favors from our other registered members or
II. have provided
incorrect information on our website/WAP/ App or
III. have committed
any fraudulent/ unlawful/ illegal activities through the use of our
website/WAP/ App or
IV. have violated
this Terms and conditions or
V. have
misappropriated the name, likeness, email address, contact no or other
personally identifiable information of another CM member created a profile on
our website /App by impersonation/ fake/ bogus/ false/ misrepresentation/
without consent of the person who's profile is being registered or use only
part information including using photo of third parties without the permission
of such third parties or act with other members/employees in indecent/improper
manner,
B. If We receive
any complaint against you and consequently we have suspended/deleted your
profile in good faith, then we shall not be liable to you in any manner
whatsoever, including for any loss, costs, expenses, or consequence, if any
C. Unless otherwise
provided in these Terms and Conditions, CM membership may be deactivated by you
without assigning any reasons by . However all amount paid till date by you to
CM shall be forfeited.
D. Upon termination
/ suspension of CM membership, your right to use or access the CM Website/App
services will cease immediately. All provisions of this terms and conditions
that by their nature should survive termination shall survive termination,
including, without limitation, disclaimers, and limitations of liability. Termination
of your access to and use of the CM Services shall not relieve you of any
obligations arising or accruing prior to such termination.
24. Jurisdiction
and Applicable Law
A. The registration
of CM membership and all CM services are deemed to have been entered into
within the territorial Jurisdiction of Chennai, India.
B. The CM Members
unconditionally agree that all such disputes and / or differences if any shall
be governed by the Laws of India and submitting to the exclusive jurisdiction
of appropriate court of law in Chennai, Tamil Nadu, India
25. Mode of Payment
A. Payment made by
cash / cheque / Net Banking / Debit / Credit Card/ Paypal/ RTGS/ NEFT/ would be
in accordance with the prevailing RBI guidelines. Activation of paid CM service
shall be subject to realization of the said payment. In case of dishonor of
Cheque/demand draft; you shall be liable to pay applicable bank's cheque/DD
bouncing charges. Further CM service to your account will be deactivated /
suspended until you settle the value of the payment and applicable bank charges
in cash.
B. CM uses third
party payment gateways for collection payment through credit/debit card or
other payment instruments.
C. You agree to
provide us with your Permanent Account Number / Form 60/61 of the Income Tax
Act, 1961 and rules thereunder in the event you choose any paid package of MCL,
the value of such paid package being Rs. 2,00,000/- [Rupees Two Lakh Only] and
above from MCL.
26. Refund and
Assignment
The payments made
by any CM member to MCL by way of membership / renewal fee / auto renewal are
treated as non-refundable.
CM member shall not
assign or transfer your CM membership to any other person or entity, and such
an act shall be treated as violation of terms and conditions and CM shall
retain their right under clause 2 (b) of this terms and conditions.
Payment once made
for CM services cannot be assigned to any person/party or adjusted towards any
other product or packages provided by the Company.
27. Renewal
A. We automatically
renew all paid Memberships before the expiry of the term of the paid
Membership. You agree that your account will be subject to this automatic
renewal feature.
B. When you first
subscribe for your paid Membership, you acknowledge that when your paid
Membership expires it will automatically renew for the duration and at the last
paid price.
C. The maximum
tenure of any packages will be 12 (Twelve) month. Every CM packages post
validity period (varies from package to package), shall be renewed.
D. If you do not
want your paid membership to automatically renew, you must cancel your paid /
automatic membership. In case you have to mail for cancellation, mail to [email protected]
28. Additional
terms and conditions applicable to Non- Resident Indian customers.
A. Jurisdiction
The laws of India
shall be applicable.
B. Arbitration of
Disputes.
The Parties shall
discuss among themselves and resolve any disputes informally. We are interested
in attempting to resolve any Disputes by amicable and informal means, and we
encourage you to contact us before resorting to arbitration. If the dispute is
not resolved within 30 ( thirty ) days from the date of such dispute , then
such dispute may only be resolved through an individual arbitration conducted
in accordance with the provisions of The Arbitration and conciliation Act, 1996
as amended, by sole arbitrator. The seat of Arbitration shall be Chennai, Tamil
Nadu, India. We shall appoint the sole arbitrator. The arbitration proceedings
shall be conducted in the English language
C. However,
disputes relating to infringement of our intellectual property rights, which we
may elect to have resolved by means other than arbitration
D. In case of
Renewal, Customer is charged the current price that prevails and renewal is
done only for 3 months duration irrespective of the past package.
E. Enforcement
Any proceeding to
enforce this arbitration agreement may be brought in Courts of Chennai, Tamil
Nadu India.
29. Assisted
Service Guarantee
Assisted Service Guarantee is
applicable only for the users:
Who have availed
the Assisted Service for the first time
Who have more than
100 matching profiles based on the partner preference set by them at the time
of the Assisted Welcome Call
Who have not
narrowed down the partner preference, once the Assisted service starts
30. Membership
Packages
A.We have various premium
membership packages called Gold, Diamond, Platinum, Till U Marry and Assisted.
B.You shall opt for
any of our premium membership packages varying between three months to one year
with differing price to access various premium features.
C.Each premium package
has certain limitations on count of Phone number view except for Diamond and
Platinum package (3 & 6 months). The Diamond and Platinum package (3 &
6 months) has unlimited phone number view but within the Fair Usage Policy
limit. Viewing an accepted member's mobile number will not deduct the mobile
number count (For applicable domains)
D.The members of
Diamond and Platinum package (3 & 6 months) can receive Personalised
Messages (PMs) from Free Members. Only if PP of Platinum member matches
with the Personal Interest of the free member profile this will be allowed (For
applicable domains).
E.The Fair Usage
Policy (FUP) limit on Phone view count and Count on Personal message is as
follows:
|
Fair
Usage Metrics |
Fair
Usage Metrics Personal Message Count |
Phone
View Count |
|
Day
Zero Paid Limit |
50 |
20 |
|
Daily
Limit |
100 |
30 |
|
Weekly
Limit |
150 |
50 |
|
Monthly
Limit |
500 |
100 |
|
Total
Limit |
4000 |
750 |