Terms & Conditions

TERMS AND CONDITIONS OF MEMBERSHIP IN KAUMUDYMATRIMONY

Welcome to Kaumudymatrimony.com

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.kaumudymatrimony.com.

Scope

You understand and acknowledge that KaumudyMatrimony acts as an “Intermediary” as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000.

KM 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 KM already registered users, for seeking prospective lawful matrimonial alliances for themselves. KM 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 KM are classified broadly on the basis of language and region for the ease and convenience of its member / customer. KM Members are provided with free/paid access for searching profiles from the database of KM, as per the partner preference set by you (on the Website/Application) and you can shortlist the profiles in which you are interested.

1. Eligibility

A) KM 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 KM 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. If you have applied for Divorce, you may register on our website/App by stating “Awaiting Divorce”
• III. If you are a resident of any other Country, you are legally competent to marry as per the local rules applicable to your country and you shall comply with the Indian laws for marrying a person of Indian Origin

C) In case you are a Registrant of the prospective bride/ bridegroom and has created profile in KM Website/App on behalf of them or is accessing the KM Website/App on behalf of them implies that you have taken their consent for their profile creation in KM and for accessing the KM Website/App.

2. Registration

A. We expect that you would complete the online registration process with fairness and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you which will help you to meet your parameters. 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. In order to serve you better if KM requires additional details you agree to provide it. 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 your 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.

B. If at any point of time KM 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, KM shall have full right to suspend or terminate (without any notice) your KM membership and forfeit any amount paid by you towards KM membership fee and refuse to provide KM service to you thereafter.

C. KM 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 any data entered by the KM members in their profile.

D. Registration of duplicate profiles of the same person is not allowed in KM Website/App. KM shall have full right to suspend or terminate (without any notice) such duplicate profile.

E. You acknowledge and confirm that your registration with KM and the usage of KM services is with the bonafide intention of marriage and not otherwise. KM Membership is restricted strictly to the registered KM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of KM and nor use the KM Service or KM members data for any commercial purpose, and KM reserves its right to initiate appropriate legal action for breach of these obligation.

3. Account Security

You are responsible for safeguarding the confidentiality of your KM login credentials such as your user id, password, OTP, etc., and for restricting access to your computer/mobile to prevent unauthorized access to your account. We, as a Company do not ask for Password and you are cautioned not to share your password to any persons. You agree to accept responsibility for all activities that occur under your account.

4. Customer Care / Customer Service

In the event you come across any concerns in our service, then please be free to contact us:

5. Confidentiality

Any feedback you provide to KM shall be deemed to be non-confidential. KM 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) KM 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 KM for the feedback under any circumstances.

6. Disputes between Members

A. KM Members are solely responsible for the communications (through any medium) with prospect or vice versa. KM expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any KM members interest via e-mail, chat, interaction, WhatsApp or any other medium of communication between KM members either using website /App or otherwise.

B. KM has no obligation, to monitor any such disputes arising between the KM members, and KM shall not be party to any such dispute/litigation etc.

C. KM is not a broker or the agent of any KM member, and KM does not partake in the exchange of any kind of discussion between the KM members and prospects or the results of their discussion.

7. General Guidelines & Platform Rights

7. In the event you file a false complaint against another prospect on our Website /App 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 KM services as per clause 2 (b) of these terms and conditions.

8. Notwithstanding anything contained herein, KM reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on BM/website/App (once such instance come to KM notice) in order to ensure, that proper consent has been obtained by you , prima facie accuracy and 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. KM 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 or using our KM website/App as a means of communication while sending messages to other KM members regarding their profile identity in other matrimonial websites.

9. Once your paid membership expires, you cannot avail the unexpired balance phone call count/ unexpired SMS. Similarly, you cannot access the already viewed KM member(s) contact information unless you renew your account within 30 days.

10. However on renewal, the unexpired phone call / SMS shall be carried forward to your account from the last day of expiry.

11. In case of conflict between the terms and condition of Website/App and terms and conditions of any other website including other websites, the terms and condition of KM Website/App shall prevail for the service provided through this Website/App.

12. Disclaimer

A. Your access to and use of the KM 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, KM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KM does not warrant that the Website/App, its servers, or e-mail sent from KM are free of viruses or other harmful components. KM will not be liable for any damages of any kind arising from the use of this KM Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

B. KM 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 KM services (both paid and free).

C. Notwithstanding anything contrary contained anywhere, under no circumstances, KM shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:

• i. any act or omission done by KM/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 KM);
• 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. Using/availing of third-party services namely horoscope matching services etc. and for paying them through the Website.
• ix. KM 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.
• x. 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.

E. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the app.

13. Mode of Payment

A. Payment made by cash / cheque / Net Banking / Debit / Credit Card/ RTGS/ NEFT/ would be in accordance with the prevailing RBI guidelines. Activation of paid KM service shall be subject to realization of the said payment. In case of dishonor of Cheque/demand draft; you shall be liable to pay applicable bank’s cheque/DD bouncing charges. Further KM service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.

B. KM uses third party payment gateways for collection payment through credit/debit card or other payment instruments. 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, the value of such paid package being Rs.2,00,000/- [Rupees Two Lakh Only] and above.

14. Refund and Assignment

A. The payments made by any KM member by way of membership / renewal fee / auto renewal are treated as non-refundable.

B. KM member shall not assign or transfer your KM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and KM shall retain their right under clause 2 (b) of this terms and conditions.

C. Payment once made for KM services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.

15. Renewal

A. We automatically renew all paid Memberships before the expiry of the term of the paid Membership. You agree that your account will be subject to this automatic renewal feature.

B. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the last paid price.

C. The maximum tenure of any packages will be 6 (Six ) month. Every KM package post validity period (varies from package to package), shall be renewed.

D. If you do not want your paid membership to automatically renew, you must cancel your paid membership. In case you have to mail for cancellation, mail to kaumudymatrimony@gmail.com.

16. Membership Packages

A. We have various premium membership packages called Classic, Premium and Assisted.

B. You shall opt for any of our premium membership packages varying between three months to 6 months with differing price to access various premium features.

C. Each premium package has no limitations on count of Phone number view. The Classic and Premium package (3,6 months) has unlimited phone number view but within the Fair Usage Policy limit. Viewing an accepted member’s mobile number will not deduct the mobile number count (For applicable domains).

D. The members of Classic and Premium package (3,6 months) can receive Personalised Messages (PMs) from Free Members. Only if Premium member matches with the Personal Interest of the free member profile this will be allowed (For applicable domains).

E. To know the complete details on various Membership package and its benefits, please visit ‘Payment Options’ page.