Terms and Conditions of membership in Elite Matrimony.
This document is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder 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.
Please read the following terms and conditions very carefully as your use of the Website and associated EM 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 or EM Services 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, EM Services, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/EM member subscribe to or use the EM Services. If you do not want to be bound by the Terms and Conditions, you must not use the EM Website or the EM Services.
In these Terms, references to "You" or "User" or "EM member" shall mean the end user accessing the EM Website/EM services, its contents or using the EM Services offered. "EM Services" means a collective reference to the Elite Matrimony service provided by Matrimony.com Limited, CIN : L63090TN2001PLC047432, a company under the provisions of companies act, 2013 and having its registered office at No.94, TVH Beliciaa Towers, Tower - 2, 5th Floor, MRC Nagar, Chennai, Tamil Nadu - 600 028 ('MCL/Company').
Elite Matrimony [EM] is personalized match making services of Matrimony.com Limited, which is valid for a period of the applicable package chosen by you (and visible on this website) from the date of taking the EM package and as detailed in Clause 4 herein below ("Tenure"). EM may at its sole discretion extend the EM services beyond Tenure, however if such EM services are provided based on additional payment to be made by the registered EM member, if any. Membership to EM is exclusively through invitation. EM is an endeavour to help you find your dream life partner (prospect) through the process of searching, shortlisting and contacting prospects, during the Tenure. Upon availing our EM service a dedicated Relationship Manager ("RM") will be assigned to you during the Tenure of EM Service. Based on your set partner preference RM shall assist you in processing your request for lawful marriage partner search through the database of members listed on the consortium of portals owned by Matrimony.com limited. EM Membership is guided by the terms and conditions mentioned herein below. By using or accessing the EM Services, you agree to be bound by all the terms and conditions ("Agreement"):
(A) EM Membership and rights of admission is reserved solely for :
Indian Nationals & Citizens.
Persons of Indian Origin (PIO).
Non Resident Indians (NRI).
Persons of Indian Descent or Indian Heritage
Persons who intend to marry persons of Indian Origin.
(B) Further in capacity as EM member you confirm that you are :
18 years or above (if you are a woman) or 21 years or above (if you are a man);
Legally competent to marry as per the law applicable to you, and
Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.
2. Enquiries to EM website
While accessing the EM website, you may:
Fill in the details for EM to call you back, or
Call EM at the toll free number to enquire about the EM services, or
Email your enquiries about EM services.
Chat with the EM service team about the EM service.
(A) If you intend to register with EM, after enquiries of EM services, then EM shall send you a physical subscription form /online subscription form (as applicable) ('EM Subscription Form'), for keying in your essential details and filling in the blanks. We expect that you would complete the EM subscription form with fairness and honesty while furnishing your personal information. You would appreciate that efficient and effective match making by EM (as part of EM services) depend upon yourself furnishing true, accurate, current and complete information, photo(s) etc. EM expect you to read the relevant column before entering in the details or selecting the option available or providing/uploading your photo(s). You are requested not to enter details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites/ applications/irrelevant information) or repeating your details in another fields, after filling them once in the relevant fields or providing other persons photographs. You further undertake that you alone shall be responsible or liable for any information provided to EM by you. In order to serve you better if EM requires additional details you agree to provide the same to EM. EM shall reproduce the EM Subscription Form details on "AS IS AS AVAILABLE" basis to other members (i.e. members listed on the consortium of portals owned by matrimony.com limited / EM database etc.), and EM members shall be solely liable for the information given by such EM member.
(B) If at any point of time EM comes to know or has reasons to believe that any information provided by you for registration or otherwise is found to be untrue, inaccurate, or incomplete then EM shall have full right to suspend or terminate your membership and forfeit the amount paid by you towards EM membership fee and refuse to EM service to such EM member thereafter without any notice.
Tenure of the EM service shall dependent upon the package offered by EM or for any tenure which may be introduced from time to time by EM and chosen by you after appropriate payment.
5. Mode of Payment
(A) Payment made by cash / cheque / Net Banking / Debit / Credit Card would be in accordance with the prevailing RBI guidelines. Activation of EM service shall be subject to realization of the said payment. In case of dishonour of Cheque/demand draft; you shall be liable to pay applicable bank's cheque/DD bouncing charges. Further EM service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
(B) EM may use third party payment gateways for collection of credit/debit card or other payment instruments. In case of such payment gateway failure the same would be communicated to the EM member by the payment gateway provider. EM shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, EM offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Members card/bank accounts through the payment gateways.
(C) Member who has opted for any EM package in which the EM member needs to pay on success, then such EM member shall pay the balance amount on finalization of your marriage.
(D) You agree to provide us with your Permanent Account Number / Form 60/61 of the Income Tax Act, 1961 and rules thereunder in the event you choose any paid package of MCL, the value of such paid package being Rs.2,00,000/- [Rupees Two Lakh Only] and above from MCL.
6. Role and Responsibility of EM
(A) Upon enrollment into the EM services, EM shall assign a Relationship Manager (RM) to you, who will help you with the process of match making search during the tenure of EM service.
(B) EM will endeavour to provide profile(s) as per your set partner preference subject to availability of profile in the data base of the consortium of portals owned by Matrimony.com Limited. The EM service will be carried out only during normal working hours of EM i.e., 09:30 am to 06:00 pm Monday to Saturday excluding Sunday and public holidays for Indian Members and for Non-Resident Indian Members the working hours shall be from 09:30 am to 06:00 pm (Indian Standard Time) [Monday] to [Saturday] excluding Sunday and public holidays in India. RM entrusted with your profile can contact the EM member at least 2 times in a week to update the EM member's on profile management.
(C) The EM is under no obligation to furnish any definite number of profiles, if there are none available, which are corresponding to the partner preference set by you.
(D) EM shall shortlist and initiate contact with prospects only if age difference of EM member is as follows:
For Male EM members - Prospects age difference is less than 10 years.
For Female EM members - Prospects is of same age or above.
(E) Similarly, For EM members whose marital status Divorced / Widowed / Separated / Annulled, such EM member shall shortlist and initiate contact with prospects who are Divorced / Widowed / Separated / Annulled only. EM will not get in touch with prospects with different marital status.
(F) Any prospect suggestions made by RM are solely based on your partner preference.
(G) EM shall source profiles for you/EM member, as per your partner preference being set, from the consortium of portals owned by MCL (including Elitematrimony.com, Bharatmatrimony.com, our language / region based Matrimony websites such as MarathiMatrimony.com, KeralaMatrimony.com all our Community Matrimony websites such as ChettiyarMatrimony.com, RajputMatrimony.com etc.), subject to availability of profiles.
(H) Member who has opted for any EM package in which the EM member needs to pay on success such EM Members profile will be retained in the EM database until the member communicates finalization of his / her marriage or intention not to retain in the database expressly in writing.
(J) EM's responsibility is restricted only to offer match making profiles to EM members based on the partner preference set by EM members. EM cannot guarantee or assume responsibility for any specific results from the use of the data available from the consortium of websites/portal's from Matrimony.com Limited and / or the EM service. In case partner preference is modified by EM member, then the EM service search results may also undergo corresponding changes.
(K) Shortlisted profile information link shared with EM members will be active only for 10 days from the shared date.
(L) EM doesn't do any background verification of the profiles uploaded in our consortium of Websites. EM shall share profile information of the prospect based on information updated in our databases by the EM member/ respective profile owner.
(M) EM does not give any implied or explicit guarantee or warranty of marriage or alliance, by you choosing to register on our website and using EM services and, for positive response from prospects and does not guarantee marriage within the service period.
(N) As a part of EM service, EM will share you all the prospect profiles as per your partner preference set. Post your interest in any of such shared prospect profiles, EM will share your profile with the concerned prospect for their Interest Confirmation and upon confirmation received from the prospect, EM shall arrange for a meeting between you and the prospect (with/without your/prospects family members/friends joining in). The venue of such meeting shall be duly intimated to you by RM.
(O) Providing additional information like horoscope, photo, proof of education, property details, reason for Divorced / Widowed / Separated / Annulled, amount received as alimony is completely depended on decision of prospects. EM cannot promise or guarantee 100% sharing of such information.
(P) EM strictly does not allow EM members to have any kind of conversation with prospects on subjects, which are illegal as per the law of the land (Example: Dowry).
7. Role and Responsibility of EM Member
(A) To protect the broader interest of the registered EM member and increase the efficiency, RM shall only work with registered EM member. All EM members should disclose the details of email id and phone number to RM. All communication between EM/RM will be to EM members only.
(B) Every profile shared by RM, matching EM Members partner preference, shall be considered for the count of profile shared and is a part of the service deliverable, irrespective of your acceptance / rejection, including the following scenario:
Profiles Viewed in Bharatmatrimony, our language/region based Matrimony websites, our Community Matrimony websites.
Profiles Viewed in other matrimony platforms in market or other websites.
Subjective Elements like - Looks , appearance, social status, Character, Spirituality etc.
(C) Before sharing of prospect profile, in case you want to discuss regarding the profile over call and you reject it for any reason, such rejection over call will still be considered in the count of profiles shared. Once accepted, the acceptance of prospect profile by EM member shall be deemed final and shall be considered in the count of profiles shared. Profiles rejected by you or Prospect will not be replaced with another profile.
(D) EM shall not undertake horoscope matching, but we do screening of profiles basis matching/non matching stars. If required by EM member, EM shall share Time of birth, Date of Birth, Place of birth of the prospect as provided by the prospects. Count of Profiles shared will not include Profiles based on horoscope matching.
(E) Any additional information / data required by EM for profile management shall be provided by the EM Member as and when so sought by RM. Time and opportunity loss associated with the delay in response shall be borne by the EM member themselves and EM/RM shall not be responsible for the same.
(F) EM member can expect EM/RM to short list and share profiles of those prospects whose partner preference and expectations are matching with the EM member's profile.
(G) EM 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. EM will not be liable for short coming due to any misrepresentations made or concealment of facts done by any of its EM members/prospects to you.
(H) EM members are expected to verify the credentials of the prospect such as family status, educational qualifications, financial status, occupation, character, etc.
(I) EM Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs, inaccurate / false information of their educational qualification and income details shall be treated as violation of terms and conditions and EM shall retain their right under clause 3 (b) of this terms and conditions.
(J) EM 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 EM shall retain their right under clause 3 (b) of this terms and conditions.
(K) EM Members are expected to refrain from :
Entering into financial transactions with shortlisted prospects prior to solemnization of marriage.
Dealing with shortlisted prospects before carrying out due verifications of the prospect.
Entering into physical relationship with prospect before marriage.
Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
(M) To serve EM member better based on instruction from RM, the EM member are agreeable for creating profile in any / all of the consortium of portal owned by Matrimony.com Limited. You will regularly log in to the profile maintained in the consortium of portals from Matrimony.com Limited and share with EM/RM the matri ID of other members who have shown their expression of interest and have sent personalized messages to you.
(N) To serve us better EM may place Matrimonial Classifieds derived from our profile in newspapers, television or any other media at the discretion of EM masking the name and address of the member.
(O) EM members understands and agrees RM may convene the meeting between you and prospect (if both parties agree), and you shall bear/share the costs of such meeting with prospects (as may be mutually agreed with such prospectus, to the exclusion of EM.
(P) EM Members are expected to be cautious of prospects who call from multiple 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.
(Q) EM Member cannot use the profile shared to them for the benefit of any third person(s) or for gaining any commercial benefits.
(R) EM Membership is restricted strictly to the registered EM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of EM and nor use the EM Service or EM members data for any commercial purpose. EM reserve its right to initiate appropriate legal action for such data misuse/theft
(S) EM member shall not assign or transfer your EM membership to any other person or entity.
(T) EM members cannot put the EM service on hold, even temporarily, for any reasons whatsoever. Based on the tenure of EM service and date of payment taken, the expiry of EM service will automatically happen on expiry of the Tenure of the applicable package taken by you.
(U) If the EM member fails to inform EM/RM about any change in the particulars furnished by EM member then the EM membership may be suspended at the sole discretion of EM.
8. Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact us:
(A) EM member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls/Chat from consortium of portals owned by MCL or their alliance partners.
(B) EM may contact the EM member through any of the above media to share the profile of the prospect by way of internal messages / links. EM member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. EM Member further confirms that even if EM Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from EM either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.
(C) You agree to receive calls from Relationship Manager of Elite Matrimony for contacting you as a shortlisted profile for their registered members, even after the EM service Tenure is over.
EM will maintain confidentiality of all personal information [other than that meant for sharing with the prospect] furnished by EM members and shall take all possible and /or bonafide steps for maintaining the confidentiality. However, EM / EM member may divulge such information if required by law (without prior intimation to you).
Any feedback you provide to EM member shall be deemed to be non-confidential. EM member shall be free to use such 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) EM 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 EM member for the feedback under any circumstances.
You agree that EM 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 EM or MCL's consortium of websites and may also send you communication in this regard.
11. Privacy of Membership
(A) EM member is committed to protecting the member's privacy and shall take all efforts to protect any personal data provided to us by reasonable security safeguards against such risks as loss or unauthorised use, destruction, modification or disclosure of data etc.
(B) Although we will strive to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. EM member understand and agree that EM will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.
(C) You also agree to keep the profiles shared with you as confidential, to avoid any misuse of the profile so shared by EM with you.
(E) EM members agree that if their profile(s) is listed on the MCL consortium of websites, and if their profile is crawled and indexed by search engines, where MCL consortium of websites and its network does not have any control over the search engines behaviour. In such an event EM shall not be responsible for such activities of other search engines/third party websites.
(F) You agree that, when you use third party services through Website, you hereby grant EM 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 EM/its payment gateway and/or such third party service providers.
12. 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 :
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. Please see in other sections within this user agreement for comprehensive list of offences that Grievance Officer will handle.
13. Disputes between Members
You as registered members of EM/MCL consortium of portals are bound by these terms and condition. We request you to follow the guidelines of safe matrimony (see URL https://www.bharatmatrimony.com/safe-matrimony/index.php and give truthful information about yourself to RM to avoid dispute between you and the prospect.
You would appreciate that EM endeavour to search the prospect on the basis of the partner preference set by both the registered members and share the contact details with each such prospect, based on your consent to share such contact details.
EM is not a broker or the agent of any EM member and EM does not partake in the exchange of any kind of discussion between the EM members and prospects or the results of their discussion. EM Member's are solely responsible for the communications with prospect.
EM shall not be held responsible for any interactions/ passing of information(s) etc. between any EM members via e-mail, call, chat or any other medium with prospect. And EM also expressly disclaims any responsibility or liability for any transactions or interactions between the EM members inter-se.
EM has no obligation, to monitor any such disputes arising between the members, and EM shall not be party to any such dispute/litigation etc.
14. Content Right
You (i.e. the EM member taking the EM package) acknowledge that you are responsible for the content and information including the profile details, photograph and other content provided at the time of the creation of the EM profile and also all the post and communication with other members. You hereby represent and warrant that you own all rights, title and interest in your content or have the necessary licenses, rights, consents, and permissions to provide the said content. However, by submitting the content to EM, you hereby grant EM 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 and the EM's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels.
You hereby also grant EM a non-exclusive license to access your content and to use, reproduce, distribute, prepare derivative works of, display, communicate to the public and perform such content.
While EM does not accept any obligation to monitor the content, if the content is found not to be in compliance with these Terms, EM may delete the content and / or terminate your registration without a refund of any subscription paid by you, in terms of clause 3 (b) of these terms and conditions. You agree that if the situation warrants, then MCL may at its sole discretion put restriction on any EM member to other member's communications.
EM 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 EM also reserves its right to initiate appropriate legal action against such individual, as and when EM get the knowledge of the same.
Elite Matrimony is a brand owned by MCL. MCL owns, retains and has complete rights in EM and the EM Service.
MCL reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the said proprietary rights for illegal copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information.
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.
Before the expiry of the Tenure of the EM package, you have the option to renew the subscription by paying the renewal fee for the EM package opted for.
16. Subscription Fee for the chosen EM Package
You shall appreciate that, to serve you with matching profiles, lot of time and energy of the RM is spend in assisting you in searching the profiles as per the partner preference set by you, etc. Therefore, EM Membership fees paid, by way of registration / membership / renewal fee, for EM services are treated as non - transferable and non-refundable. Payment once made cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
17. Third Party website
(B) The EM members agrees and understands that EM may also allow third parties to provide EM members services on the website like horoscope matching etc., and EM may also collect the payment for such third party services from you, and EM in this regard can have revenue sharing arrangement with the such third party, however in no event shall EM be liable to you for such third party services.
(C) EM reserves the right to add/delete/alter/modify/suspend any or all the EM Services at any time as it may deem fit, without notice. The EM members are expected to see the change to the terms of EM services on the Website regularly.
18. Limitation of liability
(A) EM likes to inform you that the exchange of profile(s) through or by EM should not in any way be construed as a matrimonial offer and/or recommendation and / or advice given to the member from or by EM.
(B) MCL / EM or its Office bearers shall under no circumstances be liable or responsible to the EM member or his/her authorized Representative or Guardian or any third party for any indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of EM services / Website / third party website.
(C) Notwithstanding anything to the contrary contained herein, EM's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to EM, for the EM Service during the term of EM membership.
(D) MCL/EM will not be liable in case of any wrong match made due to any available data / profile from the MCL's consortium of websites.
(E) MCL / EM or its office bearers shall under no circumstances be liable, if any, EM member enter into financial transaction with any prospect or third party.
(F) MCL / EM or its office bearers shall under no circumstances be liable, if any matrimonial alliance is not responded/reciprocated by the prospect(s).
The EM website shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof.
EM website act's as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
In the event you file a false complaint against another prospects on our Website and consequently we have suspended/deleted that prospects profile based on your complaint, then we reserve our right to initiate appropriate legal (Civil/Criminal) action against you and claim any and all costs expenses from you, for such irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right to suspend your profile and forfeit any and all amounts paid by you for the EM services.
Notwithstanding anything contained herein, EM reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on website / MCL consortium of websites (once such instance come to EM/MCL's notice) in order to ensure compliance with the prevailing laws in force for the time being, especially those relating to providing any obscene, libellous, blasphemous, slanderous, defamatory or invasive of another person's (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality, gender or otherwise unfit for reproduction; or suggests or encourages unfair or illegal /indecent, unlawful activity/communication. EM also reserves the right to block/ delete / suspend the profile which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered prospects.
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 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;
(C) harm minors in any way;
(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.
Any and all complaints to the Grievance Officer shall be in writing and in the event of any complaint through email, the said complaint shall be digitally signed. For Grievance Officer related information please see clause 12 of this terms and conditions.
While using EM service, in case of conflict between the terms and condition of Website, and terms and conditions of any other website including consortium of portal of MCL, then the terms and condition of EM Website shall prevail for the EM service. However, for services rendered to EM member by MCL consortium of portals, you agree that in case of conflict between the terms and condition of this Website, and terms and conditions of any other MCL consortium of portal of MCL, then the terms and condition of MCL consortium of portals shall prevail.
(A) Your use of the EM Services or any content provided to you by EM is at your own risk. YOU UNDERSTAND AND AGREE THAT THE EM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EM does not warrant that the Website, its servers, or e-mail sent from EM are free of viruses or other harmful components. EM will not be liable for any damages of any kind arising from the use of this EM Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
(B) EM does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to use EM services.
(C) Notwithstanding anything contrary contained anywhere, under no circumstances, EM shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
any act or omission not done by EM/MCL/ payment gateway/alliance partner/banks etc.;
any untrue or incorrect information submitted by you or on your behalf;
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 EM);
any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
any cybercrime attempted or committed by anyone, and
any incident of force-majeure or 'act of god'.
Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
You also understand and agree that EM is not counterchecking or authenticating the veracity of the data provided by any EM member while registering for EM services. EM Members are expected to counter check the veracity of the details of the prospects while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. EM 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. EM will not be liable for any damages of any kind arising from the use of this EM services/Website/MCL consortium of websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Using/availing of third party services namely horoscope matching services etc. and for paying for such third party services through EM.
EM 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.
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/EM services is at your sole risk.
By using our EM services you agree to defend, indemnify, and hold harmless MCL, EM, its subsidiaries, affiliates, Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the service provided by EM. This defence and indemnification obligation will survive in perpetuity.
(A) You agree that if we receive feedback/ complaints against your profile in relation to the facts that you are seeking physical / financial favours from our other registered members or have provided incorrect information on our website or committed any unlawful/illegal activities through the use of our website or created a profile on our website by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person who's profile is being registered, then we in good faith reserve our right to suspend/delete the profile at our sole discretion without any notice to you.
(B) EM reserves the right to forthwith terminate your membership, block/delete your profile and forfeit entire amount paid as membership fee; if at any time EM, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions. We also reserve our right to file appropriate police complaint against you, if the breach of these terms and conditions is/are criminal in nature.
(A) The EM membership may be terminated by EM/you without assigning any reasons by serving 7 days written notice on the other, all amount paid till date by you shall be forfeited.
(B) Upon termination / suspension of EM membership, your right to use or access the EM website / EM service 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 EM Services shall not relieve you of any obligations arising or accruing prior to such termination.
24. Governing Law and Jurisdiction
The laws of India shall be applicable and subject to Arbitration clause 25 mentioned herein below, Courts in Chennai, Tamil Nadu, India will have exclusive jurisdiction.
25. Arbitration of Disputes:
The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within 30 (thirty) days from the date of such dispute, then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and Conciliation Act, 1996, by Sole Arbitrator. The seat of Arbitration shall be Chennai, Tamil Nadu, India. We shall appoint the Sole Arbitrator. The arbitration proceedings shall be conducted in the English language.
However, Disputes relating to infringement of our intellectual property rights, which we may elect to have resolved by means other than arbitration.
26. Enforcement and Venue
Any proceeding to enforce arbitration clause in this agreement may be brought in Courts of Chennai, Tamil Nadu, India.