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Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of www.bharathmarriage.com (the "Website"). Please read the following terms and conditions very carefully as your use of the Website and associated BM Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/BM member subscribe to or use the BM Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or the BM Services.

Scope

Bharat Marriage [BM] acts as a platform to enable any user to themselves register on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of BM’s already registered users, for seeking prospective lawful matrimonial alliances for themselves.BM retail store may also be able to assist you to create your profile, however, you must have a valid /operational mobile phone number and an email id.The profiles in the database of BM are classified broadly on the basis of language and region for the ease and convenience of its member / customer.BM Members are provided with free/paid access for searching profiles from the database of BM, as per the partner preference set by you(on the Website/Applications -(App) and you shortlist the prospective alliances yourself. BM Membership is guided by the terms and conditions mentioned herein below. By using or accessing the BM Services, you agree to be bound by all the terms and conditions ("Agreement"):BM do not authenticate any information of any profile and hence you as a user need to verify the credentials and information provided by other users.

Eligibility :

A) BM Membership and rights of admission is reserved solely for : I. Indian Nationals & Citizens. II. Persons of Indian Origin (PIO). III. Non Resident Indians (NRI). IV. Persons of Indian Descent or Indian Heritage V. Persons who intend to marry persons of Indian Origin. B) Further in capacity as BM member you confirm that you are : I. 18 years or above (if you are a woman) or 21 years or above (if you are a man); II. Legally competent to marry as per the law applicable to you (however you may register on our website/App by stating "Awaiting Divorce"), and III. Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.

Registration

A. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal information to BM. You would appreciate that efficient and effective match making through our automated system depend upon yourself furnishing true, accurate, current, complete information and photos etc. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You are requested not to key in details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites/App or repeating your details in another fields, after filling them once in the relevant fields or others photographs. You further undertake that you alone shall be responsible or liable for any information provided to BM. In order to serve you better if BM requires additional details you agree to provide it. BM shall reproduce the registered member details on "as is as available" basis to other registered members, and BM members shall be solely liable for the information given by such BM member. You may also give a missed call to any of our retail outlets phone number for us to call you back and assist you in getting profile registered on our website/App. Further you may fill in your email id and phone number in any of our registration campaigns appearing in various websites as part of our advertisements, basis which you may receive call from our Customer Service Centre and assist you in getting your profile registered on our website/App. BM may also reproduce your profile information in other consortium of websites owned by Programmers INC to provide better prospects to you. B. If at any point of time BM comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete then BM shall have full right to suspend or terminate (without any notice) your BM membership and forfeit any amount paid by you towards BM membership fee and refuse to provide BM service to you thereafter. C. BM Membership is restricted strictly to the registered BM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of BM and nor use the BM Service or BM members data for any commercial purpose, and BM reserves its right to initiate appropriate legal action for breach of these obligation.

Role and Responsibility of BM

A. BM is an endeavour to help you find your dream life partner (prospect) through of process of automated searching, short listing and contacting prospects amongst our registered members. B. BM reproduces your details once you register on our website /App on "as is as available" basis and also share your profile with other registered BM members within our consortium of website(s). C. BM's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance from third party / persons from amongst the other registered members of the Website/App. You agree that the system generated search results of BM are only of the profiles registered members on Website/App. D. BM's automated system offers match making profiles between its registered members based on the partner preference set by each such BM member. E. The search conducted by any BM member and the results thereof are automatically generated, and based on the partner preference set by you. In the event BM member changes their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change. F. BM cannot guarantee or assume responsibility for any specific results from the use of the data available from the BM service or from the consortium of websites/portal's of Programmers INC. G. The BM members agrees and understands that BM may also allow third parties to provide BM members services on the website like horoscope matching etc., and BM may also collect the payment for such third party services to you. H. BM shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques. I. BM cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the BM servers

Role and Responsibility of BM Member

A. To protect the broader interest of the registered BM member and increase the efficiency, BM members ensure to keep their username and password safe and confidential for using the BM services. B. Any additional information / data required by BM for using the BM services shall be provided by the BM Member, as and when so sought by BM. C. In case partner preference is modified by BM member, then the automated system generated prospect search results in website /App may also undergone corresponding changes. D. BM members are requested to exercise due care and caution while short listing the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. BM shall not be liable for short coming due to any misrepresentations made by any of its BM members. E. BM Members are expected to verify the credentials of the prospect such as family status, marital status, educational qualifications, financial status, occupation, character, health status, etc. F. To get better search results, BM Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and BM shall retain their right under clause 2 (b) of this terms and conditions. G. BM members are expected to disclose their health records during profile enrolment which includes any pre-existing illness, physical disability etc. Non - disclosure at the time of enrolment shall be treated as violation of the terms and conditions and BM shall retain their right under clause 2 (b) of this terms and conditions. H. BM Members are expected to refrain from i. Entering into any financial transactions with prospects. ii. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc. iii. Entering into physical relationship with any prospect before marriage. iv. Violating any law for the time being in force. v. From mentioning details of other matrimonial services while sending personalized messages. I.BM members are expected to visit URL http://www.bharathmarriage.com/safe-matrimony/ for understanding the safety measures on partner search and awareness towards online safety. J. BM Members are expected to be cautious of prospects who ask for favours, money etc or call from multiple phone numbers, only interact over phone, doesn't come forward for face to face meeting (physically or through video calls) and don’t involve family and friends in match making. Beware of suspended profiles status before you finalize an alliance with the prospect. K. The BM members agrees that for getting effective search results of prospects on Website/App you will regularly log in to the profile maintained in the Website/App and send expression of interest which is an automated messages to prospects as a free BM member, and in the event you have availed paid BM package, you can send personalized messages to prospects to show your expression of interest/replies. BM member also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably. L. You also agree that while accessing / using the Website/App, you will be guided by the terms and conditions of the Website/App including but not limited to the use of feature of website /App like chat instantly with prospect, viewing horoscope of prospects, enhancing privacy settings (photo/horoscope/phone number) or for viewing social and professional profile of members on their Face book, LinkedIn, etc. M. BM member shall not assign or transfer your BM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and BM shall retain their right under clause 2 (b) of this terms and conditions. N. If the BM Member fails to inform BM, about any change in the particulars furnished by BM member to other BM member, then the BM membership may be suspended by BM at its sole discretion O. BM Members agree to use secure devices, software and networks for accessing the BM services. P. BM Members shall not probe, scan or test the vulnerabilities of the BM Website/App or any networks connected to the Website/App nor breach the security measures instituted by BM.

7. Confidentiality

I. BM has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the prospect furnished by BM members and BM may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, BM/BM member may divulge such information if required by law. II. Any feedback you provide to BM shall be deemed to be non-confidential. BM shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) BM member is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from BM for the feedback under any circumstances. III. You agree that BM has all the right to process your data through the automated process to serve you with suitable profiles (based on your set partner preference) from BM or its consortium of websites and may also send you communication in this regard.

8. Privacy of Membership

I. BM has taken reasonable steps to protect the BM member's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc. II. Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by BM and that BM will have no liability for any such act. BM member understand and agree that BM will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your profile at our Website/App. III. Please read and comprehend our Privacy Policy, which also governs your visit to BM, to understand our practices. BM members agree that their profile(s) may be crawled and indexed by search engines, where BM and its network does not have any control over the search engines behaviour and BM shall not be responsible for such activities of other search engines/third party websites. IV. You agree that, when you use third party services through Website/App, you hereby grant BM the right to share your information needed for providing such third party services to you or in relation to processing your information for office use of BM/its payment gateway and/or such third party service providers.

9. Grievance Officer

In the event you come across any violation by another user including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating etc. you may then please be free to provide your concerns in writing or email us with digital signature to: Email: grievanceofficer@matrimony.com, Grievance Officer: Adv. Vinod Namboothiripad Thrissur Under Thrissur Judiciary. The Grievance officer shall be available between 10 am till 6 pm Indian Standard Time from Monday to Saturday excluding Sunday and public holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all complaints to the Grievance Officer shall be in writing I. The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website/App that – A. belongs to another person and to which the User does not have any right 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; D. infringes any patent, trademark, copyright or other proprietary rights; E. violates any law for the time being in force; F. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; G. impersonate another person; H. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; I. 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. Disputes between Members

i. You and the prospect are both registered BM members and are bound by these terms and condition. We request you to follow the guidelines of matrimony see URL http://www.bharathmarriage.com/profile/ give truthful information about yourself on the Website/App to avoid dispute between you and the prospect. ii. BM is not a broker or the agent of any BM member, and BM does not partake in the exchange of any kind of discussion between the BM members and prospects or the results of their discussion. iii. BM Member's are solely responsible for the communications (through any medium) with prospect or vice versa. BM expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any BM members inter se via e-mail, chat, interaction or any other medium of communication between BM members either using website /App or otherwise. iv. BM has no obligation, to monitor any such disputes arising between the BM members, and BM shall not be party to any such dispute/litigation etc.

11. Content Right

I. www.bharathmarriage.com is a domain registered in the name of Programers INC.You agree that all content of BM belong to Programers INC excluding your or third party content including advertisement on the Website/App for which BM has requisite license/right in terms hereof to display the same on our Website/App. II. You acknowledge that you are responsible for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the BM profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by BM paid members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to BM, you hereby grant BM a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the BM's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels. BM also reserves the right to block the registration of your profile on Website/App, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in data entered by the BM members in their profile. III. While BM does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms, then BM may delete the content/information and / or terminate or suspend your registration or (without a refund of any subscription paid by you in terms of clause 2 (b) of these terms and conditions). You agree that if the situation warrants BM at its sole discretion put restriction on any BM member to other member’s communications. IV. BM reserves the right to suspend/delete the profile of the users who appropriate the name, likeness, email address, contact no or other personally identifiable information of another individual and BM also reserves its right to initiate appropriate legal action against such individual/organization, as and when BM get the knowledge of the same. V. BM is a brand owned by Programers INC. Programers INC owns, retains and has complete rights in BM and the BM Website /App/ BM Service. VI. Programers INC reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, Programers INC transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever. VII. In the event we get a complaint against you and consequently we have suspended/deleted your profile in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.

22. Disclaimer

A. Your access to and use of the BM Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE BMSERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, BMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BM does not warrant that the Website/App, its servers, or e-mail sent from BM are free of viruses or other harmful components. BM will not be liable for any damages of any kind arising from the use of this BM Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. B. BM does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our Website/App and using BM services (both paid and free). C. You agree to provide us with your Permanent Account Number / Form 60/61 of the Income Tax Act, 1961 and rules there under in the event you choose any paid package of, the value of such paid package being Rs.2,00,000/- [Rupees Two Lakhs Only] and above from Programers INC. D. Notwithstanding anything contrary contained anywhere, under no circumstances, BM shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with: i. any act or omission done by BM/Programers INC/payment gateway/alliance partner etc.; ii. any untrue or incorrect information submitted by you or on your behalf; iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from BM); iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf; v. any cybercrime attempted or committed by anyone and vi. Any incident of force-majeure or 'act of god'. vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions. viii. Any link to the social media provided through Trust Badge. You also understand and agree that BM is not counterchecking or authenticating the veracity of the data/photocopies of documents provided by any BM member while giving Trust Badge. BM Members are expected to counter check the veracity of the documents submitted by the prospects while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. BM do not claim the authenticity or ownership of the home or office address scheduled for an appointment as being the member’s actual or legal place of residence or employment respectively. BM Members are requested to exercise due care and caution while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. BM will not be liable for any damages of any kind arising from the use of this Website/App including, but not limited to direct, indirect, incidental, punitive, and consequential damages. ix. Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website. x. BM shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time . xi. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above. D. You expressly agree that your use of this Website/App is at your sole risk.

Termination

A. Unless otherwise provided in these Terms and Conditions, BM membership may be terminated by BM / you without assigning any reasons by serving 7 days written notice on the other, all amount paid till date by you to BM shall be forfeited. B. Upon termination / suspension of BM membership, your right to use or access the BM Website/App BM services will cease immediately. All provisions of this terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the BM Services shall not relieve you of any obligations arising or accruing prior to such termination.

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