PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY .
Vivahbandhanmatrimony.com (the “Site”) and the Licensed Mobile
Application for Accessing the Site (including all associated media and online
or electronic documentation) (“the Application”), are owned and operated M M
Technologies. The Site and Application are hereinafter collectively referred to
as “Platform”.
The Company makes available its services and products to you,
through the Platform on the condition that you abide by these Terms and
Conditions, as updated from time to time. If you do not accept the Terms and
Conditions or you do not meet or comply with their provisions, you should not
use or access the Platform and/or avail of the Company’s services or products
via the Platform.
The Platform is an intermediary as defined under sub-clause (w) of
Section 2 of the Information Technology Act, 2000. Visitors to the Platform are
granted a nonexclusive, limited license to use and access the content and
services offered in accordance with these Terms and Conditions (the
"License").
A Visitor to the platform, whether or not he/she has made any
payment for availing access and/or services on the Platform, including the general
browsers of the Platform, whether registered or not, are hereinafter referred
to as “User/Users”.
BY THE POSITIVE ACTS OF A USER ACCESSING THE PLATFORM, THE USER
AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (“Terms”). IF A
USER DOES NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, HE/SHE SHOULD NOT
ACCESS OR USE THE PLATFORM.
1. The Platform is owned and operated by Vivahbandhanmatrimony, a
division of M M Technologies. (hereinafter referred to as ”Company”), which
term shall, for the purposes hereof, be deemed to include its subsidiaries,
affiliates, partners, shareholders, directors, executives, officers, employees,
agents, attorneys, accountants and any person vested with any responsibility
for any task relating to the affairs of the company), with its registered G.N.K
Chhapra Ballia -277001.
2. The Platform is intended only to serve as a preliminary medium
of contact and information for Users who have a bona fide intention to enter
into a matrimonial alliance (“Purpose”). The Platform does not purport to be a
marriage or business bureau or a dating /contact website.
3. Company presumes that every User who logs on to the Platform
has a bona fide intention to get married / enter into a matrimonial alliance
and not otherwise. Company under no circumstances shall be responsible for any
loss or damage resulting from anyone's use of the Platform or the services
offered on the Platform and / or any content posted on the Platform or
transmitted to Users. The exchange of matrimonial profile(s) through or by the
Platform should not in any way be construed as a matrimonial offer and/or
recommendation from or by the Company. Company shall not be responsible for any
loss or damage to any individual arising in/out of, or subsequent to,
matrimonial relations established pursuant to use of the service provided by
Company.
4. In order to use the Platform, you may sign in using your
Facebook/Google login. If you do so, you authorize us to access and use
certain Facebook/Google account information that you choose to display
publicly. For more information regarding the information we collect from Users
and how we use it, Users are advised to visit our Privacy Policy.
Company collects information / data including, without limitation,
e-mail id, address, first name, last name, telephone/mobile number, date of
birth, age, gender, ethnic/cultural background, appearance, religion,
occupation, preferences, life style information, general geographical location
(“User Data”) from Users in order to enable them to create their profiles on
the Platform. Apart from this, certain other health related information,
including physical and mental disabilities are also collected. The User Data so
collected is entered in a program especially devised for matching profiles and
to provide matches for Users based on their pre-selected partner preferences
criteria. User Data is displayed only after taking prior consent of Users.
Company does not collect financial information of Users such as credit
card/debit card numbers/bank accounts numbers etc. Company shall not be able to
provide access to the Platform and/or create profiles of Users if the requisite
User Data is not provided by the Users. User hereby consents to usage of
his/her User Data to be displayed to other Users on the Platform.
Users hereby give us permission to use the information about their
activities and actions that they have taken on the Platform in connection with
ads, offers and other sponsored content that the Company displays on the
Platform, without charging any fees to the Users. The Company uses data and
information about Users to make relevant suggestions and recommendation to its
Users.
5. The User Data is uploaded by the Users themselves or through
any of the VivahBandhan offline centers displayed on the Platform. Company may,
at its sole discretion, include all or any portion of the listing intimated by
a User for display on the Platform in any other media including the matrimonial
sections of other platforms including but not limited to print media, community
associations, websites, television shows, DTH/IPTV Services, mobile wap sites
etc. at no extra costs to the Users and Company shall not be held liable for
usage/publicity of such information / data.
6. Users undertake not to duplicate, download publish, modify and
distribute material on the Platform unless specifically authorized by the
Company in writing. Users undertake not to establish any deep link or other connection
to any specific page of the Platform without obtaining prior written consent of
the Company.
7. Users undertake to use the Platform for their personal
purposes. Using content from the Platform for creating derivative works with a
commercial motive without prior written consent from the Company is strictly
prohibited.
8.The Company takes measures including technological means on the
Platform to exclude robots, scripts, programs etc. from crawling or scraping
content on the Platform. Users undertake not to circumvent these methods.
9. Any advice, counseling, recommendations or information provided
on the Platform including information of Users may not be necessarily correct,
true or reliable, and that any reliance placed thereon and any action taken on
the basis thereof shall be entirely / solely at the risk of the concerned User.
Users hereby agree that access to the content available on the Platform is
provided by Company to Users on an ‘AS-IS’ and ‘AS-AVAILABLE’ basis. Users
wishing to use the information so provided are advised to conduct their own due
diligence, in respect of the content on the Platform, at their own initiative,
cost and effort. Company does not advise / recommend a User to establish any
contact / interaction with other Users or any based on the data / information
as furnished in such User’s profile / photograph etc. and the User opting to
build contact or interact shall do it solely at his / her own risk. Company
cannot be held responsible or liable, in any manner whatsoever, in respect of
any reliance placed on any information displayed / placed on the Platform,
since the same purports merely to act as indicators of the general scenario in
the related behalf.
10. Company does not authenticate, vet, screen, endorse or
investigate any information or assertion comprised in the matrimonial listings,
or any other content on the Platform, nor does it in any manner whatsoever
certify or attest the same to be correct or true. It does not endorse matches
and profiles in any manner, but an implied presumption is cast on the Users
that the information(s) furnished are exclusively / solely to carve out / frame
a suitable profile for the purpose of matrimonial alliance based on the partner
preferences criteria set by the Users. All due diligence, effort and
initiatives must be exercised by those wishing to use any information found on
the Platform, and should take adequate precautions with the full and complete
knowledge that all information contained in the matrimonial listings have been
placed there directly by Users of the Platform without any prior intimation,
consent or verification of or by Company.
Users of the Platform are prohibited from uploading, posting,
transmitting, updating or sharing any information that:
a) belongs to another person and to which the user does not have
any right to;
b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; harm minors in any way;
c) infringes any patent, trademark, copyright or other proprietary
rights;
d) violates any law for the time being in force;
e) deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature; impersonate another person;
f) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of the
Platform ; 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 any other nation.
Company may, without notice in its sole discretion, and at any
time, terminate or restrict a User’s usage or access to the Platform (or any
part thereof) and/or take down any content uploaded by a User for any reason,
including, without limitation, that Company based on its judgement and
perception believes the a User has violated or acted inconsistently with the
letter or spirit of these Terms.
11. Company is an online service provider for Users to create
their own/unique profiles envisaging certain personal (optional) information(s)
and User Data are to be displayed on the Platform, which information is used by
Users for the Purpose. Company does not share User Data with other Users or
third parties with the prior consent of the User. Although Company shall take
all reasonable precautions, Company shall not be responsible in case such User
Data so displayed on the Platform being unauthorisedly copied / printed /
published / forged / superimposed / manipulated etc. or misused by any User.
Users shall indemnify Company from all kind of losses / damages which Company
may suffer from any activities carried out by them through improper use of the
Platform/service provided by Company.
12. By listing a matrimonial profile, or a business or personal
listing or a link, or any content or listing, on the Platform, the concerned
User making or posting such listing, and the person or persons responsible for
such posting or listing, shall be deemed to have agreed to hold Company
harmless and protected against any suit or complaint, civil, pecuniary or
criminal, and against any claims or damages (including, without limitation,
interests, fines and penalties) which may be brought against or levied on
Company on account of any matter arising out of, or relating to, such posting /
listing or response received from such posting/listing.
13. Whilst using the Platform an obligation is cast upon Users to
only provide true and correct information and in the case of creating a profile
Users undertake at all times to keep the information up to date. Company does
not represent or endorse the accuracy or reliability of any member / visitor
profile, advice, opinion, statement or other information displayed / uploaded
through the service by Company. Company or any of its owners, staff or agents
are not responsible under any circumstances for any action/display whether
direct or indirect, which occurs as a result of online display of information
in the nature of illicit material / material that may be offensive to visitors
/ members or is patently offensive to the on-line community or any material
which may promote racism, bigotry, hatred or physical/mental harm of any kind
to any group or individual or transmit any chain letters or junk mail or
unsolicited mass mailing or spamming or obscene material to other users /
members. Company does not monitor the conduct of Users and therefore Company
does not take the responsibility of any conduct by Users who may avail / obtain
/ use / exploit the online service provided by Company in order to harass,
abuse or harm another Users or use the said online service to promote /
advertise / solicit anything without their prior consent or an act in any
manner which may threaten the safety of other Users.
14. Company reserves the right to remove / delete any content /
message / photo(s) / profile or cancel the registration / membership of a User
either upon a complaint received from another User or upon discovery of the
same on its own or based on its sole judgment and perception and it shall
without notice stop providing the service entitled to a User and forfeit all
other incidental service(s) with immediate effect along with the fee/tenure of
registration as well as take appropriate legal action against such User. By
listing a profile on the Platform, it is deemed that the said User has an
intention to get married and in case it appears to Company that at the time of
listing the profile or subsequently such User had no intention to enter into a
matrimonial alliance or has changed his/her intention, then Company shall
reserve the right to remove / delete such profile from the Platform and
initiate prosecution under the law or take such steps as may be advised from
time to time. By using the Platform, it is deemed that the User agrees not to
post any content or views that may be considered threatening, abusive, vulgar,
obscene or otherwise objectionable or act illegally or otherwise harass another
user; put wrong or misleading information in any of the details of his/her own
profile; impersonate another or use the site for any commercial purposes; or
interfere with or disrupt the operation of this site, or disobey any reasonable
requirements, procedures or policies imposed by Company from time to time.
15. Nothing comprised in the contents of the Platform is intended
or meant to induce or persuade or convince or invite any person whatsoever to
perform any action or do any such thing, or not to perform or do, where such
performance or doing, or non-performance or not doing, constitute any
contravention of any law or regulation in force for the time being to which
such person or action may be governed.
16. Company shall not be held responsible for any interactions/
passing of information(s) etc. between any User via e-mail, chat or any other
medium with another User and Company has no obligation, to monitor any such
disputes arising between the Users and Company shall not be party to such
dispute/litigation etc.
17. Company reserves the absolute right to modify or amend or
delete, in any manner as it deems fit, any content of any matrimonial listing
placed on the Platform in order to ensure compliance with the rules of such
placement (which may include, without limitation, the efforts and initiatives
by Company to maximize response to matrimonial listings), prima facie accuracy
and the prevailing laws in force for the time being, especially those relating
to prohibition of any indecent, unlawful or obscene content. Company reserves
the absolute right to delete any profile if it finds that the same person has
created multiple profiles on the Platform. Even if different profiles have been
created with the same contact details, Company will reserve the absolute right
to delete all such profiles. If any member refuses to give consent to a
physical address verification that Company has requested then Company will have
the absolute right to either put a "Not Verified" stamp on the
profile or to delete the profile.
18. Websites to which links are given on the Platform and the
contents thereof are the sole responsibility of the promoters of such websites
and Company does not, in any manner whatsoever, recommend, authenticate,
endorse, verify or certify these websites or any contents or links there.
Company does not take any responsibility for the privacy practice adopted by
such other websites and therefore Company recommends Users to read the privacy
statement of each and every website that they visits. Company also does not
take any responsibility or endorse the authenticity of the other online
services displayed on the Platform which may offer various services like a
lucky draw, win a free trip, win free tickets, astrology, palmistry, numerology
etc. User of the Platform shall at its sole risk and responsibility click and
surf on to such other website(s) / links which is/are being displayed on the
Platform. Users shall always bear in mind that at a single stroke/click of the
mouse on such links/website, it gets connected through the Transmission Control
Protocol (TCP) / Internet Protocol (IP) network of the said Users and not
through the IP of the Platform. Company also does not suggest/encourage Users
to furnish personal information and specially the Profile ID / User Name of the
User on the Platform to such or any other website(s).
19. Company reserves the right to tie up with partners in future
to come up with various other online services. However, Company shall never
share the information / data collected from Users with such other partners
without taking prior consent / permission from such Users. Company in such
circumstances suggests that Users peruse the privacy policy of such partners
before giving their consent or before furnishing personal identifiable
information with such other website(s). Company is not privy to the privacy
practice adopted by its partners and does not take the responsibility in
respect of the privacy policy adopted / to be adopted by such partners. Company
also reserves the right to use / share the information / data collected from
Users with its partners if a User has already made public the information /
data to Users of the Platform.
20. Company hereby specifically disclaims any liabilities or
warranties or guarantees, express, specific or implied, which may be
attributable, in any manner whatsoever, to the existence, promotion,
canvassing, contents, links, information or discontinuance of the Platform. No
claims for damages, restitution, loss-of-profits, or any other pecuniary, civil
or criminal plaints, which may be said to arise out, or on account, of any
matter contained or related to the Platform, shall lie or be deemed to be
sustainable against Company.
21. Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of User communications. Company is not responsible for any problems
or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of e-mail
or players on account of technical problems or traffic congestion on the
internet or at any website or combination thereof, including injury or damage
to Users or to any other person's computer related to or resulting from
participating or downloading materials /information from the Platform.
22. Users who visit the Platform are classified by Company as
Users with incomplete or complete profiles. Both these types could further be
free members or paid members. Company reserves the absolute right to modify,
amend, change, curtail or expand any privileges, rights, benefits, liabilities
or responsibilities of all types of paid Users or free Users as it deems fit
and these will be instantly applicable to all past, present and future Users.
Company allows free Users certain benefits /privileges like initiating free
contact via "Express Interest" functionality, like viewing contact
details of paid Users under certain conditions etc. The quantum of these
benefits and even the benefits in totality will be at the sole discretion of
Company. Company will determine at its own discretion how many benefits it
offers to every free User. Company will simultaneously offer different levels
of benefits to different free Users Benefit restriction to free Users will be
done via multiple means including restricting access, spam filters, quotas etc.
23. Payments for the services offered on the Platform shall be on
a 100% advance basis. The payment for service once subscribed to by the User is
not refundable and any amount paid shall stand appropriated. Refund if any will
be at the sole discretion of the Company and it offers no guarantees whatsoever
for the accuracy or timeliness of the refunds reaching the User’s card/bank
accounts. Company gives no guarantees of server uptime or applications
working properly. All is on a best effort basis and Company’s liability for
losses, damages and claims hereunder is limited to refund of amount only.
Company undertakes no liability for free services. Company reserves its right
to amend / alter or change all or any disclaimers or these Terms at any time
without any prior notice. All terms / disclaimers whether specifically
mentioned or not shall be deemed to be included if any reference is made to
them. The continued usage of the Platform by a User shall constitute deemed
acceptance by the User of the amended Terms.
24. The User is solely and exclusively responsible for maintaining
confidentiality of the User password and User identification and all activities
and transmission performed by the User through his/her user identification and
shall be solely responsible for carrying out any online or off-line transaction
involving credit cards / debit cards or such other forms of instruments or
documents for making such transactions and Company assumes no responsibility or
liability for their improper use of information relating to such usage of credit
cards / debit cards used by the subscriber online / offline. Company uses
reasonable care as is necessary to ensure that all or any data / information
does not fall in the wrong hands. The weak link in credit card transaction is
securely storing the data once received; therefore Company does not store or
keep credit card/debit card/bank account. For the purposes of ensuring the
maximum security for the financial information of a user (such as credit
card/debit card/internet banking data) all such online payment transactions are
carried out directly on the secured platforms of payment gateways and not on
the Platform.
25. Company does not warrant that the Platform will be
uninterrupted or error-free. Company provides the service on an "as
is" basis. However, Company will take all reasonable steps to provide its
users with error free, uninterrupted user experience. There may be delays,
omissions, and interruptions in the availability of the Platform. Users
acknowledge that use of the Platform is solely at their cost and risk. Company
is not responsible for suspension of the services on the Platform, irrespective
of the reason for such interruption / suspension. Company may discontinue or
change the services on the Platform or its availability at any time, and the
User is also free to stop availing the services on the Platform at any time.
26. The Company uses third party payment gateways on the Platform
and failures in these gateways would be communicated to the users as it is.
Extra currency/conversion charges/deductions/error issues from payment gateway
shall not be the responsibility of the Company.
27. Company has complete rights in the Platform and the services
provided thereunder. The Platform contains to the extent protected by
applicable laws, copyrighted material, trademarks, and other proprietary
information of its owners and its licensors. Except for that information which
is in the public domain or for any other information/display for which
permission have not been obtained from Company, Company reserves the right to
proceed/initiate appropriate steps under the prevailing law against
infringement of the said proprietary rights for illegal copying, modifying,
publishing, transmitting, distributing, performing, displaying, or selling of
any such proprietary information.
28. Company reserves the right to verify the authenticity of
Content posted on the site. Company if circumstances warrant may call for / ask
any of its Users to provide documentary or other form of evidence supporting
the information / User Data posted on the Platform and the User, without any
protest shall produce such documentary / other evidence in support of such
information and if the User fails to produce such information within a
reasonable or stipulated time frame, Company may, in its sole discretion,
terminate the profile/access to the Platform and forfeit the advance without a
refund and take appropriate steps under the provisions of law. Company also
reserves the right to investigate and take appropriate legal action without
limitation at its sole discretion against any User who violates / misuses the
online services and terminating the profile/access to the Platform of such
violators without prior intimation who utilise the Platform in any manner which
brings into disrepute or impairs the interests and functioning of Platform or
the Company.
29. Company also reserves the right to investigate and take
appropriate legal action without limitation at its sole discretion against any
User who violates / misuses the online services and terminating the
profile/access to the Platform of such violators without prior intimation who
utilise the Platform in any manner which brings into disrepute or impairs the
interests and functioning of Platform or the Company.
30. Company does not take the responsibility of any information
posted by its Users on the Platform, any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights and in case Company receives/discovers any
such infringement, the said User may be called for / asked to furnish / provide
evidence / relevant information in support of such display like an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest or a description of the copyrighted work that may have
been infringed or information or a written statement that the User under
bona-fide faith belief that the disputed information does not lead to any authorized
use or infringement of copyright etc, under the law or a statement that the
User is liable to penalty of perjury in case any of the information/statement
furnished is proved otherwise or a declaration that the information
displayed/posted is accurate and the User is itself the copyright owner or
authorized to act on the copyright owner's behalf.
31. Company has no obligation to monitor the activities of its
Users. However, Company has the right to monitor the Platform electronically
from time to time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate the Platform
properly, or to protect itself or its Users. Company also reserves the right to
refuse to post or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or violative of
provision of law.
32. The usage of this Platform and any disputes/issues arising out
of it shall be subject to the applicable laws in force for the time being in
the NCT of Delhi irrespective of conflicting provisions of law and to the
exclusive jurisdiction of courts located in New Delhi.
33. All members of Platform are restricted to the following number
of contacts they can make via the "Express Interest" option on the
Platform.
Daily Limit |
225 |
Weekly Limit |
575 |
Monthly Limit |
1400 |
34. In case Company receives any incriminating evidence/complaint
against any User from other Users of the Platform or if Company, through data
available to it from its servers, suspects misbehavior on any User’s part, it
reserves the right to impose restrictions on the User’s account which include
but may not be confined to preventing the User under question from making
multiple contacts and restricting the user to only contact members whose
desired partner profile the User satisfies.
35. All services which are defined by time period indicated in
months shall imply 1 month to be equal to 30 days and for any longer durations
service the total duration in days will be the number of months multiplied by
30.
36. Company guidelines prohibit members to give their name and/or
contact details in any form - Email, Phone nos., Messenger Ids, Postal address
etc in any fields other than the specific ones where the same information is
asked. If any member who puts the above information in any field other than the
one meant for that purpose then the Company screening team will remove the
same.
37. Users of the Platform are consenting for receiving
a) Membership Emails: Emails conveying the benefits of paid
membership to Users. These are sent to the Email address mentioned by the Users
in their profile.
b) Important Notifications from the Platform –
Messages/notifications are sent to Users to inform them of various alerts
related to usage of the Platform. . These will be communicated to the Users by
Email/app notifications etc. or on their Landline/Mobile from a non-140 number
via SMS/MMS/VMS/USSD/IVR/Calls etc.
c) Membership SMSes/Calls: SMSes or phone calls shall be sent
conveying the benefits of paid membership to Users. Users will receive these
calls or SMS on any of the phone numbers mentioned by Users on their profile,
if they have subscribed to calls/ SMS in their alert manager settings.
38. Promotional Mails - . Promotional emails are sent to members
on their Email ids, if they have subscribed to promotional emails in their
alert manager settings.
39. If a member does not wish to receive communication from the
Company then he needs to go to the "Settings" section in his profile
and choose/disable for the modes (Emails / SMS / Calls / USSD / Messenger
messages / IVR) and types of communication which User either wants to or does
not want to receive. Types of communication are the specific messages based on
profile attribute or Platform interactions between members. Platform may also
provide for different message types and modes, other alternative ways to
unsubscribe".
40. Users who sign up for VivahBandhan Exclusive services allow
the Company to find suitable candidate/prospects on their behalf as per their
instructions via Telephone, SMS, profile action on VivahBandhan Platform, face
to face interaction or any other means/modes of communication.
41. Creation of duplicate profile on VivahBandhan is prohibited.
In case the user has forgotten his password he can use the password retrieval
option. Forgetting password, User ID, reaching contact limits or any other
reason for creating a 2nd profile on VivahBandhan is not allowed. Info Edge
reserves the right to delete/block this profile or restrict access of this
profile to use the Platform. Info edge at its own discretion can decide to
delete/block/restrict access of 2nd profile or the original profile or both
profiles in all cases where duplicate profiles have been found.
42. Membership Renewal: People who have subscribed to Basic,
eRishta, eValue, eAdvantage, Pro, Pro Lite, Pro Max or VivahBandhan Exclusive
have an option to renew their services. If the renewal happens before the
expiry date, then any unused "Contact Views" available with the
original pack are carried forward except when renewing to ‘’Basic’’ plan . Contact
Views are the facility wherein members can see contact details of other members
who have not filtered/rejected/ignored them. If a member renews his membership
after the expiry of current membership, then it is treated as a fresh
membership and unused "Contact Views" of the previous membership are
not carried forward. These conditions hold even if the renewal of the
subscription is bundled with a special "Renewal/Repurchase/Loyalty"
offer. Purchase before or after renewal date is the only criteria which
determines if unused "Contact Views" are carried forward or not.
43. Your "Name" will be visible to other members who are
VivahBandhan Paid subscribers either if they "View Your Contact
Details" or if you have sent them an Acceptance. Information filled by a
member is visible on the profile page. This page is indexed by
Google/Ask/Bing/Yahoo and other search engines. If a search engine user types a
query then your profile page may be visible in Google/Bing/Yahoo etc. search
results. All details which you have put will be visible unless the same has
been explicitly hidden by you using appropriate Platform profile privacy
settings.
44. Use of certain features on the Platform is governed by rules.
For example if your phone number is not verified then you cannot contact other
members via "Express Interest" or even if the same is happening then
that privilege can be blocked by Company at any time without giving any notice.
Similarly If your phone number is not verified then even as a person who has
availed a "Paid Service" you will still not be able to view
phone/email/contact details of other members via any option on the Platform.
For verifying your phone number, there are verification prompts across the
Platform which guide you on how to verify your phone. If the same is not clear
then it is the member's responsibility to call customer care of Platform from
the number which he/she wishes to verify.
45. Any paid membership/Consumable Plans like Basic, eRishta,
eValue, e Advantage, JS exclusive, Pro Lite, Pro, Pro Max Trial Pack, etc. are
non-transferable. Any membership which is purchased is being purchased for the
individual/profile and cannot be used for any other profile in his/her
family/friends/acquaintances etc. If a profile is deleted for whatsoever reason
then that persons membership lapses.
46. At times when a member tries to access the phone/email of
another member, he can get a message which asks him to "View Phone/Email
tomorrow - Contact limits reached of recipient" or any message which means
the same. In these cases the member just needs to visit the same profile again
the next days and use his quota of "View Contacts".
47. 'Contact Details' may consist of one or more of the following
details - a. Mobile number(s), b. Landline number and c. Email address. Having
a paid subscription apart from Basic plan unlocks access to 'Contact Details'
subject to the following conditions: i. Access to Contact Details may be
restricted based on privacy settings with respect to phone number(s) or contact
filters opted by the other person or if the other person has blocked, declined
or cancelled interest, ii. A fair usage limit of at most 25 contact views per
month of subscription duration applies for viewing contact details of people
who are not 'Accepted members' or are excluded due to condition i) above, and
iii. Access to contact details is not possible if the other person is not an accepted
member and the other person’s contact details have already been viewed 10 times
during the day. Except for those opting for Basic plan, there is no usage limit
for accessing contact details of accepted members for paid subscribers.
48. Paid Membership is co-extensive with the profile, membership
expires as soon as the profile is deleted and cannot be reactivated.
49. In the eAdvantage/JS Exclusive unlimited plan, Featured
Profile service will have a validity of 1 year, and will be discontinued 1 year
after the purchase of eAdvantage/JS Exclusive Unlimited plan. The rest of the
services available under this plan will have unlimited duration, subject to the
limitation that one profile is meant to be utilised for one alliance only.
50. 'Featured Profile' subscribers will be considered to be shown
at the top of search results only if they regularly login to their account. If
'Featured Profile' subscribers don't access the Platform for more than 15 days,
they will be removed from the pool of users considered for being shown at the
top of Search Page.
51. Consumable plans like contact views, spotlight, kundli milan
etc. Will expire in 1 year unless otherwise specified.
52. Profile viewing limits, decided based on the membership status
of the user are subject to change at any time.
53. All membership benefits like spotlight, contact views, expert
assistance etc. Will expire with the membership, unless renewed before expiry.
54. Sending of Response Booster interests on behalf of Response
Booster subscribers is subject to them regularly accessing their accounts. If
an account is not accessed for more than 15 days, Response Booster interests
will be stopped until the subscriber accesses his/her account.
55. Assistance provided with the Pro Max plan is limited to a maximum
of 5 calls a month for a duration of up to 30 mins each. VivahBandhan reserves
the right to modify this limit, the call duration and the services provided as
assistance with the Pro Max plan.
56. In the Pro Max unlimited plan, the assistance service will
have a validity of 2 years, and will be discontinued 2 years after the purchase
of Pro Max Unlimited plan. The rest of the services available under this plan
will have unlimited duration, subject to the limitation that one profile is
meant to be utilized for one alliance only.
57. Any profile deleted by the profile user cannot be retrieved
under any circumstances.
58. Coupons generated for referrals on VivahBandhan have an expiry
date of one year from the date of generation. Coupons will only be awarded to
the referrer and the referee if the referee registers from the link sent by
VivahBandhan (on Email or through share options). However, coupons are not
valid for USD Payments, coupons are not valid on Plan upgrades, coupon code
discounts cannot be combined with any other offer on the Platform and coupons
cannot be availed on two (2) month and four (4) month plans.
59. Unless otherwise specified and notwithstanding anything
contained in any other agreement or arrangement, by whatever name called, the
performance obligation of Company (service provider) is to provide access of
its on-line portal to the customer for the duration of the subscription period
& reference to any usage, by whatever name called or any other performance
obligation, if any, is to provide the upper limit for consumption, which by
itself, does not create any additional performance obligation upon Company.
60. We do housekeeping of profiles which are not logged in for a
period of 12 months. We remove all the data associated with the profile during
housekeeping.
61. The pricing and the contact views allotted will be on prorata
basis as computed by VivahBandhan. The plan upgrades will be valid till the
expiry of the original plan bought.
Restriction / Prohibitions
The following actions will inter alia constitute a misuse of the
Platform and are strictly prohibited:
(i) Copying, extracting, downloading, sharing, modifying, selling,
storing, distributing, making derivate works from or otherwise exploiting any
content, data, information, including profiles, curriculum vitae, photographs
and/or graphics, available on the Platform and/or any services or products of the
Company, in any manner or for any purpose which is not, consistent with the
Purpose and/or in accordance with the Terms of Use.
Users are expressly prohibited from using or exploiting the
Platform and/or any content or data provided therein for:
(a) any commercial purposes such as creating alternate databases,
extending access to the Platform to third parties without prior written consent
of the Company; and/or
(b) undertaking any business activity which is in competition with
the business of the Company; and/or
(c) for seeking fees in any name whatsoever; and/or
(d) approaching candidates/jobseekers for any purposes other than
for specific existing vacancies; and/or
(e) Sharing access with persons who are not contracted with the
Company.
(f) Reselling the products/services offered by the Company.
(ii) (Using or attempting to use any automated program, software
or system or any similar or equivalent process (including spiders, robots,
crawlers etc.) to access, navigate, search, copy, monitor, download, scrape,
crawl or otherwise extract in any manner, any data or content including but not
limited to adding or downloading profiles, contact details, or send or redirect
messages from the Platform;
(iii) Gaining or attempting to gain unauthorized access (inter alia
by hacking, password “mining” or any other means) to:
(a) any portion or feature of the Platform or any of the services
or products offered on or through the Platform which are not intended for you;
(b) any server, website, program or computer systems of the
Company or any other third parties and/or Users;
(iv) Modifying the services provided through the Platform or their
appearance using any technology or overlay any additional offering on top of
such services or simulate the Platform’s services or its functions in any
manner whatsoever without explicit consent obtained in writing by approaching
us at legal@Vivahbandhanmatrimony.com.
(v) Accessing the Platform through interfaces other than those
expressly provided by Company;
(vi) Attempting to breach or breaching any security or
authentication measures set up by the Company in relation to the Platform
and/or attempting to probe, scan or test the vulnerability of the Company’s
system or network;
(vii) Scraping, downloading (including bulk- downloading),
replicating or otherwise extracting any information or data from the Platform
(by any process, whether automatic or manual) to offer any products or services
which are similar to or may in any manner compete with the products or services
of the Company;
(viii) Reverse engineering, decompiling, disassembling, deciphering
or otherwise attempting to do any of the aforesaid or deriving the source code
for the Site or Application or any related technology or any part thereof;
(ix) Circumventing or attempting to circumvent any technological
protections used or employed by the Company or by any third party in order to
protect the content on the Platform and/or to exclude robots, spiders etc. from
crawling and /or scraping content from the Platform.
(x) Bypassing or Circumventing or trying to circumvent any service
limits including but not limited to Search limits, Captcha limits and
occurrences on different triggers
(xi) Interfering with or disrupting or attempting to interfere
with or disrupt (including by using any device, software or routine), the use
of the Platform or any computer networks connected to the Platform, by any
other User;
(xii) Developing, using or attempting to use any automated
program, scripts, robots, third party software or system or any similar or
equivalent process (including spiders, robots, crawlers, browser
plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML
parsers etc.) to access, navigate, search, copy, monitor, download, scrape,
crawl or otherwise extract or modify in any manner, any data or content
from the Platform without explicit consent obtained in writing by approaching
us at legal@Vivahbandhanmatrimony.com;
(xiii) Impersonating any other person or entity, or making any
misrepresentation as to your employment by or affiliation with any person or
entity;
(xiv) Forging headers or in any manner manipulating identifiers in
order to disguise the origin of any user information;
(xv) Stalking, threatening, or in any manner harassing any other
User;
(xvi) Imposing an unreasonable or disproportionately large load on
the Platform infrastructure;
(xvii) Engaging in “framing,” “mirroring,” or otherwise simulating
the appearance or function of the Platform (or any part thereof) and providing
deeplinks into this Platform (or any part thereof) without prior permission of
Company;
(xviii) Spamming the Platform/Company or any other Users including
by uploading, posting, emailing, SMS, transmitting or otherwise making
available either directly or indirectly, any unsolicited bulk e-mail or
unsolicited commercial e-mail.
(xix) Using the Platform or the contact details of Users for
transmitting marketing and promotional mailers/ Offensive messages/ messages or
communications using any media that are unrelated to matrimony or
sending unsolicited commercial communications with misleading subject lines in
order to intentionally obfuscate the original message.
(xx) Hosting, modifying, uploading, posting, transmitting,
publishing, or distributing any material or information that:
a. Violates any applicable local, provincial, state, national or
international law, statute, ordinance, rule or regulation for the time being in
force;
b. Belongs to another person and to which you have no right;
c. Infringes, breaches or otherwise contravenes the rights of the
Company or any third party, including any copyright, trademark, patent, rights
of privacy or publicity or any other proprietary rights;
d. Contains computer viruses, or other computer code, files or
programs designed to disrupt, destroy or interfere with or limit the
functioning of the Platform, or any other computer system or resource;
e. Is grossly harmful, harassing, invasive of another's privacy,
hateful, disparaging, relating to or encouraging money laundering or gambling
in any manner, any content which is or may potentially be perceived as being
harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous,
vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or
otherwise unlawful in any manner whatsoever;
f. Which constitutes or encourages conduct that would constitute a
criminal offence, give rise to other liability, or otherwise violate applicable
law;
g. That deceives or misleads the addressee about the origin of
such messages or communicates any information which is grossly offensive or
menacing in nature;
h. That harms minors in any way;
i. That threatens the unity, integrity, defense, 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 to any other nation.