Terms of Use / Service Agreement
Welcome to matrimony service of Shri Modh Vanik Seva Samaj – Mumbai(Andheri) – referred herein after as “SMVSS” and its portal as “SMVSSMatrimony Portal on modhvanikandheri.com”.
ThisAgreement sets out the legally binding terms for participants use of the Site,Registration and its membership. This Agreement may be modified by “SMVSS” fromtime to time. The membership and rights of admissions are reserved and limitedto the extent of providing match making information to registered Male / Femaleparticipants members on this “SMVSS Matrimony Portal”.
“SMVSS Matrimony Portal” offers a platform providing targeted servicesfor matchmaking alliances.
“SMVSSMatrimony Portal”of “SMVSS” helps you promote your profile to the prospective alliance partnerin seeking a life-partner. Access to the “SMVSS Matrimony Portal is apart of Main website modhvanikandheri.com of SMVSS and offered as amatrimonial section. All services to access these services are chargeable atRs.500/- for a period of 2 years for each candidate. On expiry of said period(2 Years) the profile of the candidate is discontinued, and they must apply afreshby resubmitting the Form with all details and prevalent payment for a newprofile completely with latest updates.
Acceptance of the Terms of Use Agreement
In order to use the SMVSS Matrimony Portal matrimonial services Site, participantshave to register as a member of the Site ("Member") with thematrimonial section of “modhvanikandheri.com” which is intermediary asdefined under sub-clause (w) of Section 2 of the Information Technology Act,2000.
ThisAgreement is an electronic contract that establishes the legally binding terms participantmust accept to use the Site and to become a "Member." For purposes ofthis Agreement, the term "Member" means a person who voluntarilysubmits information to the Site whether such person uses the Service as a freemember or a paid member.
TheMember or any users using the Site agree to be bound by these Terms of Use("Agreement"). If you wish to become a member and promote / advertiseyour profile to other Members and make use of the SMVSS Matrimony Portal’s matrimonyservice ("Service"), read these Terms of Use and follow theinstructions in the Registration process.
By using the Service, participants consent to submit your personal identifiableinformation, to collect, process, display and use the said information toprovide the Service. To withdraw this consent, participants must discontinueusing our Service and delete your account.
The Site is a serious matchmaking platform to seek life partner for marriageand is not a casual dating site. The membership and rights of admissions arereserved.
Eligibility
To register as a member of “SMVSS Matrimony Portal” or use this Site,you must be legally competent and of legal marriageable age as per the laws ofIndia (currently, 18 years or more for females and 21 years or more for males).
The “SMVSS Matrimony Portal” site is only to facilitate personaladvertisement for lawful marriage alliance between persons who are legallycompetent to enter into matrimony under the laws to which they are subject.
Membership in the Service is void where prohibited. By using this Site, you asParticipant represent and warrant that you have the right, consent, authority,and legal capacity to enter into this Agreement and that you are not prohibitedor prevented by any applicable law for the time being in force or any order ordecree or injunction from any court, tribunal or any such competent authorityrestraining you from entering into matrimony.
You further confirm that, you intent to seek a life partner and that you shallnot use this site for casual dating. You also agree to abide by all the termsand conditions of this Agreement. If at any time SMVSS is of the opinion(in its sole discretion) or has any reason to believe that you are not eligibleto become a member or that you have made any misrepresentation, or acted inviolation to this Terms of Use, SMVSS reserves the right to forthwithterminate your membership and / or your right to use the Service without anyrefund to you of any of your unutilized subscription fee.
Account Security
You are responsible for maintaining the confidentiality of the username andpassword you designate during the registration process, and you are solelyresponsible for all activities that occur under your username and password. Youagree to immediately notify us of any disclosure or unauthorized use of yourusername or password or any other breach of security and ensure that you logout from your account at the end of each session
Term & Termination
This Agreement will be effective, valid and subsisting as long as you use ourSite or for the period, your registration is valid.
You may terminate your membership at any time, for any reason by writing to SMVSSMatrimony Portal. In the event you terminate your membership, you will notbe entitled to a refund of any unutilized subscription fees, if any, paid byyou, except where otherwise agreed in writing. SMVSS may terminate youraccess to the Site and / or your membership for any reason including but notlimited to breach of the terms of use, using the service for commercialpurpose, engaging in prohibited or inappropriate communication or activity,upon sending notice to you at the email address as provided by you in your applicationfor membership or such other email address as you may later provide to SMVSSMatrimony Portal.
IfSMVSS Matrimony Portal terminates your membership for breach of terms ofthis Agreement, you will not be entitled to any refund of any Subscription fees,if any, paid by you.
Non-Commercial Use by Members
The Site is for the personal use of individual members to advertise and promotetheir profiles for the purpose finding relevant matches and cannot be used inconnection with any commercial endeavors. This includes providing links toother web sites, whether deemed competitive to SMVSS Matrimony Portal orotherwise. Organizations, companies, and/or businesses cannot become Members ofSMVSS Matrimony Portal and should not use the SMVSS Matrimony PortalService or Site for any purpose. Illegal and/or unauthorized uses of the Site,including unauthorized framing of or linking to the Site will be investigated,and appropriate legal action will be taken, including without limitation,civil, criminal, and injunctive redress.
Other Terms of Use by Members
SMVSS reserves the right in its sole discretion to review the activityand status of each account and block the access to the account based on suchreview.
SMVSS reserve the right at itssole discretion to restrict/suspend your free access to its website based onreview of the member's activity, status or any such criteria SMVSS maydeems fit and proper with due intimation to you.
You hereby confirm that as on date of this registration, you do not have anyobjection to receive emails, messages and calls from SMVSS Matrimony Portaland members of SMVSS Matrimony Portal, as long as you are a registeredmember of SMVSS Matrimony Portal. This consent shall supersede anypreferences set by you with or registration done with the Do Not Disturb (DNDRegister)/ National Customer Preference Register (NCPR). This consent extendsto emails, messages or calls relating but not limited to phone numberverification, the provision of matchmaking service, matchmaking enquiries andpromotions. Multiple profiles of the same person are not allowed on SMVSSMatrimony Portal.
SMVSS reserves the right todeactivate all multiple profiles without any refund of subscription fees.
You confirm that the Content, information including the personal informationprovided by you is correct and accurate. If you are creating the profile onbehalf of your friend / sibling / children, you hereby agree that you have therequired permission from the profile holder for creating the profile on SMVSSMatrimony Portal. Impersonation is crime and punishable under various laws.
Youare strongly advised to submit any one copy of your Aadhar Card, DrivingLicense, Passport or any other Government issued identity acceptable to SMVSS.Except for the purpose of promoting / advertising your profile for matchmakingpurposes, you cannot engage in advertising to, or solicitation of, otherMembers to buy or sell any products or services through the Service.
Youwill not transmit any chain letters or junk email to other SMVSS MatrimonyPortal Members. Although SMVSS cannot monitor the conduct of itsMembers off the SMVSS Matrimony Portal Site, it is also a violation ofthese rules to use any information obtained from other members in order toharass, abuse, or harm another person, or in order to contact, advertise to,solicit, or sell to any Member without their prior explicit consent.
SMVSS reserves the right to take appropriate steps as it deemsappropriate in its sole discretion in order to protect SMVSS MatrimonyPortal and/or its Members from any abuse / misuse.
SMVSS reserves the right to screen communications / your data, that youmay send to other Member(s) and also regulate the same by deletingunwarranted/obscene communications/advertisements at any time at its solediscretion without prior notice to any Member.
SMVSS Matrimony Portal Members are expected to exercise simpleprecautions for their privacy and safety.
Proprietary Rights in the Content on SMVSS Matrimony Portal
SMVSS owns and retains all proprietary rights in the SMVSS MatrimonyPortal Site and the SMVSS Matrimony Portal Service.
TheSite contains the copyrighted material, trademarks, and other proprietaryinformation of SMVSS Matrimony Portal. Except for that information whichis in the public domain such as member profile or for which permission has beenobtained from the user, you cannot copy, modify, publish, transmit, distribute,perform, display, or sell any such proprietary information. Any such act or anattempted act on your part shall constitute a violation of this Agreement andyour membership is liable to be terminated forthwith by SMVSS withoutrefund of any of your unused Subscription fees. SMVSS reserves right totake legal action (civil and/or criminal) wherever applicable for anyviolations.
ContentPosted on the Site: -
· Youunderstand and agree that SMVSS may delete any listing, content,communication, photos or profiles (collectively, "Content") that inthe sole judgment of SMVSS violate this Agreement or which might beoffensive, illegal, or that might violate the rights, harm, or threaten thesafety of either SMVSS Matrimony Portal and/or its members.
· Youshall use the Services only to promote your profile and to reach out to otherMembers for the purpose of finding relevant matches.
· Youunderstand and hereby agree that all information, data, text, photographs,graphics, communications, tags, or other Content whether publicly posted orprivately transmitted or otherwise made available to SMVSS Matrimony Portal,are the sole responsibility of the person from whom such Content originated andshall be at the member's/person's sole risks and consequences. This means thatyou (and not SMVSS) are solely responsible for all Content that youupload, post, email, transmit or otherwise make available via the Service.
· SMVSS does not control the Content posted viathe Service and, as such, does not guarantee the accuracy, integrity or qualityof such Content. We advise all User/s to independently verify the content/information posted by the other members before acting upon the same and underno circumstances will SMVSS be liable in any way for any Content,including, but not limited to, any errors or omissions in any Content, or anyloss or damage of any kind incurred as a result of the use of any Contentposted, emailed, transmitted or otherwise made available via the Service.
· SMVSS reserves the right to verify theauthenticity of Content posted on the Site. In exercising this right, SMVSSmay ask you to provide any documentary or other form of evidence supporting theContent you post on the Site. If you fail to produce such evidence to thesatisfaction of SMVSS.
· SMVSS may, in its sole discretion, terminateyour Membership without a refund.
The following is an indicative list ofthe kind of Content that is illegal or prohibited on the Site. SMVSS willinvestigate and take appropriate legal action in its sole discretion againstanyone who violates this Agreement, including without limitation, removing the offendingcommunication / Content from the Service and terminating the Membership of suchviolators without a refund.
Illegal and prohibitive Content includes Content which:
- is blatantly offensive to the community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- harasses or advocates harassment of another person.
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming”.
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
- displays pornographic or sexually explicit material of any kind.
- provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18.
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
(DO WE NEED ABOVECLAUSE)
You aresolely responsible for your advertisement / communications with other SMVSSMatrimony Portal Members.
SMVSS reserves the right, but has no obligation, to monitordisputes between you and other Members.
SMVSS also reserves the right to take appropriate action againsterrant members. However, SMVSS is not obliged to share such action withother members, including complainants.
SMVSS expressly disclaims any responsibility or liability for anytransactions or interactions between the members inter-se.
Privacy
Use of the SMVSSMatrimony Portal Site and / or the Service is governed by our PrivacyPolicy and follow simple guidelines to protect your privacy.
Disclaimers
SMVSS is notresponsible for any incorrect or inaccurate Content/listing posted on the Siteor in connection with the SMVSS Matrimony Portal Service, whether causedby Users, Members or by any of the equipment or programming associated with orutilized in the Service, nor for the conduct of any User and/or Member of the SMVSSMatrimony Portal Service whether online or offline.
Under nocircumstances will SMVSS be responsible for any loss or damage resultingfrom anyone's use of the Site or the Service and/or any Content posted on the SMVSSMatrimony Portal Site or transmitted to SMVSS Matrimony PortalMembers. You should not provide your financial information (for example, yourcredit card or bank account information), or wire or otherwise send money, toother Members.
Theexchange of matchmaking profile(s) through or by "SMVSS MatrimonyPortal" is not a matrimonial offer and / or recommendation from / bySMVSS Matrimony Portal. SMVSS shall not be responsible for any lossor damage to any individual arising out of, or after, any relations (includingbut not limited to matrimonial relations) established pursuant to the use of SMVSSMatrimony Portal.
The Siteand the Service are provided "AS-IS" and SMVSS Matrimony Portalexpressly disclaims any warranty of fitness for a particular purpose ornon-infringement.
v SMVSS Matrimony Portalcannot guarantee and does not promise any specific results from use of the Siteand / or the SMVSS Matrimony Portal Service. You understand that SMVSSMatrimony Portal makes no guarantees, either express or implied, regardingcompatibility with individuals you meet through the Service.
v SMVSS expressly disclaims anyliability or responsibility whatsoever and howsoever arising as a result of anyContent/listing posted on the Site / made available in SMVSS MatrimonyPortal by any Members or the users of the Site or any third party.
v SMVSS does not assume anyresponsibility or liability for any illegal Content posted on the Site by anyMembers, users or any third party.
v All liability, whether civil or criminal arising out of anyContent that is Posted on the Site will be of that Member / user / third partywho has Posted such Content and SMVSS reserves its right to claimdamages from such Member/ user / third party that it may suffer as a result ofsuch Content Posted on the Site.
v SMVSS does not claim ownershipof Content you submit or make available for inclusion on the Service.
Limitation on Liability
In no eventwill SMVSS be liable to you or any third person for any indirect,consequential, exemplary, incidental, special or punitive damages, includingalso lost profits arising from your use of the Site or the SMVSS MatrimonyPortal Service, even if SMVSS Matrimony Portal has been advised ofthe possibility of such damages.
Notwithstanding anything to thecontrary contained herein, SMVSS's liability to you for any causewhatsoever, and regardless of the form of the action, will at all times belimited to the amount paid, if any, by you to SMVSS Matrimony Portal,for the Service during the term of membership.
Jurisdiction
If there isany dispute about or involving the Site and / or the Service, by using theSite, you unconditionally agree that all such disputes and / or differenceswill be governed by the laws of India and shall be subject to the exclusivejurisdiction of the Competent Courts in Mumbai, India only.
Indemnity
You agreeto indemnify and hold SMVSS, its Trustees, Committee Members, subsidiaries,affiliates, officers, agents, and other partners and employees, fullyindemnified and harmless from any loss, liability, claim, or demand, includingreasonable attorney's fees, made by any third party due to or arising out ofyour use of the Service in violation of this Agreement and/or arising from abreach of these Terms of Use and/or any breach of your representations andwarranties set forth above and/or any fraudulent act on your part.
Other
By becominga Member of the SMVSS Matrimony Portal service, you agree to receivecertain specific email from SMVSS and / or its group sites.
You can unsubscribe at any time forany reason quickly and easily by clicking on the unsubscribe / Delete Account linkenclosed in the Site / mail.
You can also manage yoursubscription by modifying the privacy settings.
ThisAgreement, accepted upon use of the Site and further affirmed by becoming aMember of the SMVSS Matrimony Portal service, contains the entireagreement between you and SMVSS regarding the use of the Site and/or theService.
If any provision of this Agreementis held invalid, the remainder of this Agreement shall continue in full forceand effect.
GrievanceOfficer:
If you haveany questions about this Terms of User, the practices of this site, or yourdealings with this Web site, please email us or contact us atwww.modhvanikandheri.com
AnamikaBldg., Gamanlal Gandhi Hall, Ground Floor, M.V. Road, Nr. Railway Yard, Andheri(East), Mumbai - 400069.
Email: modhvanikandheri@gmail.com
By becoming a member of SMVSS Matrimony Portal and / or using the Services ofthe Site, you unconditionally and irrevocably confirm that you have read andunderstood the above terms and agree to abide by them during your membershipwith SMVSS Matrimony Portal.
Please contact us with any questions regarding this service agreement.
This Agreement is an electronic document in terms of the Information TechnologyAct, 2000 and Rules there under pertaining to electronic records as applicableand amended. This electronic record is generated by a computer system and doesnot require any physical or digital signatures.