These Terms and Conditions (‘Agreement’) are applicable to mymatchfinder.in (the ‘Website’/ ‘Platform’), a proprietary web application owned and operated by Mymatchfinder a proprietary concern of Smt. Sanrity Dora Ropmay, with its registered address at Synod Complex, Room No. 39, Mawkhar Main Road, Shillong 793002 (hereinafter referred to as the ‘Company’ which expression shall unless repugnant to the context or meaning thereof include its successors, representatives, affiliates and permitted assigns). This Agreement constitutes a legally binding agreement between the Users of the Website and the Company establishing the rights and obligations pertaining to the use of the Website and availing the various services, features, content,and offerings available on it. Users are requested to carefully read this Agreement prior to accessing, browsing or using the Website. Accessing, browsing or using the Website by the Users, shall be deemed to constitute their acceptance of this Agreement and an undertaking to be bound by its provisions.
The Company in its discretion reserves the right to amend, modify, update or make alterations to this Agreement from time to time, and the updated Agreement shall be subsequently posted on the Website. The updated Agreement shall be legally binding on the Users and take effect immediately after being posted on the Website. Users are requested and advised to periodically review this Agreement so as to be apprised of such alterations and amendments. The services, features, and other offerings on the Website are subject to this Agreement and in the event, any User disagrees with any of the provisions contained herein, they are requested to discontinue accessing, browsing or using the Website.
The Website is an ‘Intermediary’ in accordance with section 2(1)(w) of the Information Technology Act, 2000 and these Terms and Conditions have been laid out in accordance with The Information Technology (Reasonable Security Practices and Procedures and Sensitive data or Information) Rules, 2011 and The Information Technology (Intermediaries Guidelines) Rules, 2011.
1.1 ‘Users’ means anyone, browsing or using the Website including Individual Users, Vendors and members.
1.2 ‘Individual Users’ means individuals using the Platform for the purpose of entering into a matrimonial alliance or for engaging with enlisted Vendors to avail wedding related services
1.3 ‘Vendors’ means service providers and entities using the Platform that are engaged in the business of providing various wedding related services.
1.4 ‘Members’ means Users that have registered themselves on the Website.
2.1 The Website is a proprietary Platform that provides an interface for Individual Users to connect with other Individual Users or Vendors for the purpose of entering into a matrimonial alliance or availing wedding-related services, as the case may be. The Website consists of two portals that facilitate the following functions:
The Matrimonial Portal: provides an interface that connects Individual Users with other Individual users and is not applicable to Vendors. It enables Users to view, find, match, connect, engage and interact with other Users on the Platform for the purpose and with the prospect of entering into a matrimonial alliance. In order to become a Member, the individual Users are required to simply register on the Platform by submitting the requisite information and fee. Once a Member, they can create their own profile, view the profiles of the other Members displayed on the Platform and engage and connect with them according to their individual suitability and preferences.
The Service Provider Portal: provides an interface for Individual Users to connect with registered Vendors listed on the Platform. It enables Vendors engaged in the business of providing various wedding related and ancillary services including without limitation to catering, decorating, photography, venues, makeup etc. to register and enlist themselves on the portal for a registration fee, thereafter becoming registered Members. The Vendors can create their profile and display their photos and other relevant information so as to enable Individual Users to connect and engage with them to avail various services.
2.2 Individual Users do not need to register themselves on any portal of the Website for the purpose of having access to Vendors on the service provider portal and it shall be a free listing service for Individual Users.
3.1 Individual Users accessing or using the Website shall be legally competent to enter into a contract and legally competent to enter into a marriage in accordance with Indian laws. The minimum age for males shall be 21 years and for females shall be 18 years.
3.2 In the event the Vendors accessing and using the Website are business entities they shall be validly existing entities under applicable laws and shall be legally competent and have the complete right and authority to enter into this Agreement. In the event, the Vendors are individuals they shall be legally competent to enter into a contract and of a minimum 18 years of age. The Vendors shall have the requisite permissions and authorizations in accordance with applicable laws to carry on their business and enter into this Agreement.
4.1 By using the Website, the Users consent to receiving communications from the Company with regard to the usage of the Website and the solicitation and promotion of its services, features, and offerings. Users agree that the Company may contact them using various channels of communications including without limitation texting, SMS, calling, emails etc. and that the Company shall use the contact information provided while using the Website. Users further consent to be contacted by the service providers of the Company, if any, with whom the Company may have entered into an agreement in furtherance of its rights, and such calls shall be made solely for the purposes stipulated herein.
4.2 The Users are entitled to set the communication preferences on the Website as per their individual suitability and requirements including the frequency of such communications. Users can also choose to entirely opt out of receiving any communications by selecting the available option for the same.
5. Representations, Warranties,and Undertakings
5.1 Individual Users
5.1.1 The Individual Users represent and warrant that they are legally competent to enter into a marriage in accordance with applicable laws and are not disqualified, precluded or prohibited under any laws or the order of a court or authority to enter into a marriage.
5.1.2 The Individual Users represent and Warrant that they are legally competent and have the complete right and authority to enter into this Agreement in accordance with applicable laws and the execution, delivery,and performance of this Agreement by such User shall not constitute a violation of any laws, breach of any agreement or require the permission of any third party or governmental authority.
5.1.3 The Individual Users represent and warrant that all the information, data,and content provided by such Users on the Platform is true, accurate and up to date and undertake to provide any other information that may be required by the Company for the purposes stipulated herein. The Individual Users undertake that in the event the Company requires any proof, whether documentary or otherwise of the information and data provided by such Users on the platform they shall forthwith provide the same to the Company.
5.1.4 The Individual Users represent and warrant that they possess the rights, titles,and interest in any and all the information and content provided by such Users on the Platform and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.
5.1.5 The Individual Users shall take due care and exercise caution while using the Platform and exercise due diligence, efforts, verify the credentials of other Users at their own risk and expense prior to interacting, engaging, connecting or entering into a transaction with such User, as the case may be.
5.2.1 The Vendors represent and warrant that they are validly existing entities and are in good standing under applicable laws and regulations.
5.2.2 The Vendors represent and warrant that they possess all the requisite permits, licenses, approvals and other necessary authorizations from any governmental, statutory or other applicable authority for the purpose of carrying on their business and validly entering into this Agreement and undertake to provide proof of the aforesaid to the Company as and when required or demanded by it.
5.2.3 The Vendors represent and warrant that they have taken all the necessary actions for the purpose of entering into this Agreement in accordance with applicable laws and regulations, and the execution performance and delivery of their obligations herein shall not constitute a breach of their charter documents, any other agreement applicable laws or require the consent of any third party or governmental authority. This Agreement, when executed and delivered, shall constitute a valid and binding obligation of such Vendors enforceable in accordance with its terms and conditions.
6.1 TheWebsite and the services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Website.
6.2 The Company shall not liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Website iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Website v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Website vi) inaccuracies or omission in content vii) any other event beyond the control of the Company.
6.3 The Company shall does not attest to or confirm the accuracy or veracity of any information, data, content, listing provided by the Users on the Website and does not authenticate, verify or endorse the same. Any loss, liability, expenses, damages, expenses, judgments incurred by a User as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the Users and the Company shall not bear any liability or responsibility for the same.
6.4 The use of the Website and any resultant connection, exchange, communications or transaction does not constitute any matrimonial offer, advice, counselling, recommendation on part of the Company to connect or engage with any person and any loss, liability, expenses, damages, judgements incurred by any User as a result of entering into an alliance, relationship or transaction by using the Website shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.
6.5 The Website is merely an intermediary and provides an interface for registered Users to voluntarily create their profiles by providing certain data and information and voluntarily sharing the same with other Users in accordance with their individual preferences to connect, contact and engage with them for the purpose of entering into a matrimonial alliance or availing services, as the case may be.The Company does not monitor the conduct of the Users on the Website and the users are solely and exclusively responsible for their interactions, exchanges, communications, connections and transactions made on the Website.
6.6 The Company takes reasonable measures and precautions for the protection and security of the information provided by the Users on the Website; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
7. Content, Intellectual Property, and Proprietary Rights
7.1 Apart from any content or information posted by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Website (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Website and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Website does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
7.2 Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Company as aforesaid in any manner whatsoever or use the same for any commercial purposes.
7.3 Any and all the content and information posted, provided, submitted or made available on the Website by the Users including without limitation any photos, texts, graphics, writings, communications etc. shall belong to and solely and exclusively be the responsibility of and at the risk and expense of the Users and the Company does not bear any liability or responsibility for the same.The Company does not and is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy or integrity of such information and content. The Company may in its discretion require any User to provide proof or evidence of any such information and content and the User shall comply with the same.
7.4 The Users agree and acknowledge that by posting, providing, submitted or making available the content and information as aforesaid, the Users shall be deemed to have granted to the Company a non-exclusive, worldwide, sub-licensable, transferable license to the Company in said the content and information to use, reproduce, distribute, display, publish, communicate, store, modify, prepare derivative works of, adapt, promote the same for the purpose of providing the stipulated services on the Website.
7.5 In the event any of the User content or information on the Website is in violation of this Agreement, applicable laws, or is offensive, harmful, threatening etc. the Company is entitled to delete all such information and content to terminate the usage and registration of such User without any compensation or refund. In addition to the foregoing, the Company may in its discretion pursue any legal action or such other remedies available to it as per applicable laws against such User.
7.6 The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.
While accessing, browsing or using the Website Users shall not host, display, upload, modify, publish, transmit, update or share, any information that-
1. belongs to another person and to which Users do not have any right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright, or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
10. Term and Termination
10.1 This Agreement shall be valid and continue to be operative as long as the Users continue to use the Website.
10.2 The Users are entitled to terminate this Agreement anytime by discontinuing their usage of the Website and communicate the same in writing to the Company. The Users shall not be entitled to any refund or compensation in the event of termination.
10.3 The Company shall be entitled to terminate the usage, access, or membership of a User at any time with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in this Agreement by a User.
10.4 The rights, liabilities or obligations under this Agreement that may have accrued to the Company prior to the termination or expiration of this Agreement shall not be affected by such termination or expiration and the Company shall be entitled to enforce such rights, liabilities or obligations against the Users regardless of the same.
11. Limited License and Access
The Company grants to the Usersa limited license to access and make personal use of theWebsite and not download or modify it, or any portion of it, in any manner whatsoever. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any listings, descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Users may not use any meta tags or any other "hidden text" utilizing the Company name or its trademarks or other intellectual property without the Company’s express written consent. Any unauthorized use shall entitle the Company to terminate the permission or license granted to the Users by the Company as stipulated herein. Users shall not use any logo or other proprietary graphic or trademark as part of the link without express written permission from the Company.
The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account the user shall promptly notify the Company. The User agrees and acknowledges that any information provided by such Userdoes not infringe the rights of any third-party.
The Users shall make 100% advance payment for the purpose of availing the services on the Website. Payment shall be made through the third-party payment gateways available on the Website and the Company shall not bear liability or responsibility for any errors pertaining to the payments on such payment gateways. Any errors shall be communicated by the payment gateway to the User.
14. Third Party Links
15. Limitation of Liability
15.1 The Company makes no representations or warranties of any kind, whether express or implied, with respect to this Website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, the Company shall not be liable for any damages whatsoever arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages.
15.2 Notwithstanding anything to the contrary contained herein, the liability of the Company towards any User for any reason or cause whatsoever shall be limited to the amount paid by such User, if any, for availing the services available on the Website during the tenure of his/her membership.
16.1 Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s i) breach or violation of the provisions stipulated in these Terms and Conditions ii) breach of any representation or warranty iii) use of the Website and its content iv) availing the services, features and offerings available on the Website v) violation of the intellectual property or proprietary right of the Company or any third-party vi) violation of the privacy, confidentiality, information or any other right of the Company or any third-party vii) violation of any applicable laws viii) any act, omission, fraud, misrepresentation on part of the User.
16.2 The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under applicable laws and the indemnity rights shall survive the termination of this Agreement and your use of the Website.
17. Amendment and Waiver
17.1 The Company reserves the right to make such changes, amendments, modifications, to this Agreement as it may deem necessary in its discretion from time to time and the decision of the Company shall be final and binding regarding the same. The amended Agreement shall be effective and legally binding from the date it is posted and uploaded on the Website and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Agreement from time to time so as to keep themselves apprised of all such changes and modifications.
17.2 No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
Nothing contained herein shall be deemed to have established any partnership or fiduciary relationship between any User and the Company. Users shall not be or represent themselves to be a partner, agent or legal representative of the Company or have any authority to act for or assume any obligations or responsibility on behalf of the Company.
This Agreement and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under this Agreement to any other individual or entity except with the prior written consent of the Company. However, nothing contained herein shall preclude the Company from assigning or transferring any of its rights and obligations under this Agreement in its discretion.
In the event that any provision in this Agreement is found to be invalid or unenforceable, the offending provision shall be severed from the Agreement and the remaining provisions shall continue to be enforceable and operate as originally written.
21. User Disputes
The Users agree and acknowledge that the disputes between Users or Members arising as a result of any engagement, communication, interaction, transaction whether between Individual Users inter se, Vendors inter se, or Individual Users and Vendors, on the Website or otherwise shall solely and exclusively be the responsibility of the concerned Users and the Company shall not bear any liability or responsibility for the same. The Company not in any circumstance whatsoever be a Party to such disputes and is under no obligation to partake in or monitor such disputes.
22. Dispute Resolution
22.1 In the event of any disputes between the Users and Company pertaining to the use of the Website and its Service, the Users and Company shall endeavor to resolve such disputes amicably by way of good faith negotiations.
22.2 On failure to resolve the disputes amicably as aforesaid within a period of 30 days, such disputes may in the Company’s discretion be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The venue of arbitration shall be Shillong, Meghalaya. The award given by the arbitrator shall be final and binding on the Users. The costs pertaining to the arbitration shall be borne in accordance with the award passed by the arbitrator.
23. Governing Law
This Agreement and its provisions shall be construed in accordance with and governed by the laws of India and subject to the jurisdiction of the courts situated at Shillong, Meghalaya.
In the event of any queries or grievance the Users may contact the Company at Synod Complex, Room No. 39, Mawkhar Main Road, Shillong 793002.
25. Entire Agreement
This Agreement constitutes the entire agreement and understanding between the Users and the Company with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and Conditions and any other similar documents or understanding the provisions of this Agreement shall prevail.