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Terms and 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.harikesamatrimony.com PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IMPLIES YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS ("Agreement"). If you do not want to be bound by the Terms and Conditions, you must not use the Website or the Harikesa Matriimony Services. The Terms and Conditions also includes the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").

In these Terms, references to “HM” shall mean Harikesa Matrimony, the company; “HM member" shall mean the end user accessing the Website/HM services, its contents or using the HM Services offered. HM member also includes persons such as father, mother, brother, sister, relative or a friend ("Registrant") of the prospective bride/bridegroom. In case you are a Registrant of the prospective bride/ bridegroom and has created profile in HM Website/App on behalf of them or is accessing the HM Website/App on behalf of them. it expressly implies that you have taken their consent for their profile creation in HM and for accessing the HM Website/App.

The terms "You" and "User" shall be interchangeably used for "HM member". "HM Services" means a collective reference to the Harikesa Matrimony service provided by Harikesa Matrimony. a Partnership firm under the provisions of Indian Partnership Act, 1932 and having its principal place of business at No 9/3 Veeraraghavan Street, Nanganallur Chennai 600 061, Tamil Nadu.

Scope

You understand and acknowledge that Harikesa Matrimony (HM) acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. Harikesa Matrimony owns, retains and has complete rights in HM and the HM Website /App/ HM Service.

HM acts as a platform to enable any user to register themselves or their friends or relatives on the website (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of HM’s already registered users, for seeking prospective, lawful matrimonial alliances for the registered profile. HM may 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 HM are classified broadly on the basis of community for the ease and convenience of its member / customer. HM Members are provided with free/paid access for searching profiles from the database of HM, as per the partner preference set by user (on the Website/Applications (App) and can shortlist the profiles in which they are interested.

1. Eligibility:

A) HM 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

B) Further in your capacity as a registrant, you confirm that the person whose profile is created is:

I. 21 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

 

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 providing recent photos of you which will help you to get your matching profiles. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo(s). You are requested not to key in details of the profile in fields 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. You should not upload others’ photographs. In order to serve you better if HM requires additional details you agree to provide it. You may leave your email id and phone number in any of our registration campaigns, based on which you may receive calls from our Customer Service Centre who will assist you in getting your profile registered on our website/App.

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

C. HM also reserves the right to block the registration of your profile on Website/App, in the case of your contact details being entered in irrelevant fields or if there are errors in any data entered.

D. Registration of duplicate profiles of the same person is not allowed in HM Website/App. HM shall have full right to suspend or terminate (without any notice) such duplicate profile, and membership fees paid will be forfeited.

E. You acknowledge and confirm that your registration with HM and the usage of HM services is with the bonafide intention of marriage and not otherwise. HM Membership is restricted strictly to the registered HM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of HM and nor use the HM Service or HM members data for any commercial purpose, and HM 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 HM 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 with any persons. You agree to accept responsibility for all activities that occur under your account.

4. Role and Responsibility of HM

A. HM reproduces your details once you register on our website/App, and share your profile with other registered HM members, on "as is as available" basis.

B. HM's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance.

C. The profile search conducted by any HM member and the matches shown thereof are automatically generated by HM, and based on the partner preference set by you. In the event of HM member changing their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change. HM generates only Star matched profiles.

D. HM does not prohibit any HM member from sending interest to a matching profile or communicating based on partner preference. you are at liberty to deny their interest or proceed further if you are interested.

E. HM cannot guarantee or assume responsibility for any specific results from the use of the data available from the HM website.

F. HM shall safeguard sensitive user information using security standards, authentication mechanisms, access controls and encryption techniques.

G. HM 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 HM servers.

H. HM does not authenticate/endorse any information of any profile and hence you, as a user, need to verify the credentials and information provided by other users.

5. Role and Responsibility of HM Member

A. You, shall safeguard your profile information by creating a strong password during profile creation with combination of alphabets, both upper and lower case, and numbers.

B. Any information / data required by HM for using the HM services shall be provided by the HM Member, as and when so sought by HM.

C. You are requested to verify the credentials of the prospect, exercise due care and caution regarding their profile information which includes marital status, educational qualifications, financial status, occupation, character, health status, etc. and satisfy yourself before making a choice of your match. HM shall not be liable for any shortcoming due to any misrepresentations made by HM members.

D. You are required to verify the credentials of the prospect and we shall not be liable for any misbehaviour / misrepresentations made by the Prospect.

E. To get better search results, HM Members are expected to provide latest photographs which should ideally not be more than 3 (three) months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and HM shall retain their right under this terms and conditions.

F. HM Members are advised to refrain from:

G. HM 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.

H. HM members agree that for getting effective search results of prospects on Website/App they will regularly log in to the profile maintained in the Website/App and send expression of interest which is an automated message to prospect.

I. HM member shall, in case of finalization of his/her/their Registrant’s marriage, delete their profile by themselves or intimate HM for removal/deletion of their profile.

J. HM Members agree to use secure devices, software and networks in a private place for accessing the HM services.

K. HM member shall not use any kind of Bots like web robots, Chatbot or any other automated processes/programs/scripts to use, communicate or respond in HM Website/App.

L. HM Members shall not probe, scan or test the vulnerabilities of the HM Website/App or any network connected to the Website/App nor breach the security measures instituted by HM.

M. You shall also not make any payment / transfer any amount to the account of any HM employees. All payments shall be made only to HM account through the website.

N. HM members are expected to approach HM to resolve their complaints and grievances and shall not air their grievance/complaints in social media.

6. Customer Care / Customer Service

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

Email ID : info@Harikesamatrimony.com
Contact No : +91- 9962224441
No.9/3 Veeraraghavan Street
Nanganallur, Chennai-600 061
Tamil Nadu.

 

7. Medium of Communication to HM Members

HM member hereby consents to receive communication through any medium of communication such as electronic mails, calls, SMS or through WhatsApp messages from HM.

8. Confidentiality

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

9. Privacy of Membership

To protect your privacy and understand our practices as amended from time to time, please read and follow our Privacy Policy which also governs your visit to HM and other websites owned by, the personal information / data provided to us by you during the course of usage of HM will be treated as confidential and in accordance with the Privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

10. 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: info@harikesamatrimony.com,

Grievance Officer: Mr. Harikesh
Contact Address: M/s. Harikesa Matrimony.
No.9/3 Veeraraghavan Street
Nanganallur, Chennai-600 061

The Grievance office shall be available between 10 am and 6 pm Indian Standard Time from Monday to Saturday excluding 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.

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;

C. infringes any patent, trademark, copyright or other proprietary rights;

D. violates any law for the time being in force;

E. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

F. impersonate another person;

G. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

H. 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.

11. Disputes between Members

A. HM Members are solely responsible for the communications (through any medium) with prospect or vice versa. HM 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 HM members inter se via e-mail, chat, interaction, WhatsApp or any other medium of communication between HM members either using website /App or otherwise.

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

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

12. Content Right

A. You agree that all content of HM belong to HM excluding your or third-party content including advertisement on the Website/App for which HM has requisite license/right in terms hereof to display the same on our Website/App.

B. You acknowledge that you alone are responsible and liable 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 HM profile or subsequently modified by you and also for all the post and communication 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 HM, you hereby grant HM 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 HM'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.

C. While HM does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms and conditions, HM may delete the content / information and / or terminate or suspend your registration, without a refund of any subscription paid by you. You agree that if the situation warrants HM may at its sole discretion put restriction on any HM member to other member's communications.

D. HM 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, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.

13. Third Party website

A. HM members understand and agree that HM may allow third parties to put up advertisements on the HM application/Website and HM does not control the contents of such third-party advertisement on the HM application/Website. Third party websites to which links are given on Website/App are not governed by these Terms and conditions and all such third-party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict, the terms and conditions of the third-party website shall prevail. The Company does not in any manner whatsoever authenticate, endorse, verify or certify these third-party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.

B. The HM members agree and understand that HM may also allow third parties to provide HM members services on the website/App like horoscope matching etc., and HM may also collect the payment for such third-party services to you, and HM in this regard can have revenue sharing arrangement with such third party, however in no event shall HM be liable to you for such third-party services.

C. HM reserves the right to add/delete/alter/modify/suspend any or all the HM Services at any time as it may deem fit, without notice. The HM members are expected to see the change on the Website/App.

14. Limitation of liability

A. HM or its Officers shall under no circumstances be liable or responsible to the HM member or his/her authorized Representative or Registrant or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our Website/App/Third Party Website/ HM services.

B. HM informs you that the exchange of profile(s) through or by HM should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the HM member, from/ or by HM.

C. Notwithstanding anything to the contrary contained herein, HM'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 HM, for any specific HM paid package, and no further.

15.  HM will not be liable in case of any wrong/improper match made due to unavailability of profiles from HM’s website.

16. HM or its officers shall under no circumstances be liable, if any, for the HM member entering into financial transaction with any other HM Member or any third party.

17.  HM or its officers shall under no circumstances be liable, if any, for any HM members not responding/reciprocating when you approach them for matrimonial alliance

18. Class Action Suits

You acknowledge and confirm that you will not bring or participate in any class action or other class proceeding in connection with any dispute with HM. Further neither you nor HM agrees to class arbitration.

19. General

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 HM services as per these terms and conditions.

20. Notwithstanding anything contained herein, HM reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on HM/website/App (once such instance come to HM 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. HM 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 HM website/App as a means of communication while sending messages to other HM members regarding their profile identity in other matrimonial websites.

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

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

23.  Disclaimer

A. Your access to and use of the HM Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE HM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, HM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HM does not warrant that the Website/App, its servers, or e-mail sent from HM are free of viruses or other harmful components. HM will not be liable for any damages of any kind arising from the use of this HM Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

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

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

i. any act or omission done by HM/ /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 HM);
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 cyber crime 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. HM shall not be liable for the outcome arising out of 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.

24. Indemnity

By using HM services, you agree to defend, indemnify, and hold harmless HM, 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 HM. This defence and indemnification obligation will survive in perpetuity.

25. Termination

A. HM in good faith reserves its right to terminate your HM membership or suspend/delete your profile at its sole discretion without any notice to you and take any action as per Terms and Conditions, in case you

I. seek physical / financial favours from our other registered members or
II. have provided incorrect information on our website/App or
III. have committed any fraudulent/ unlawful/ illegal activities through the use of our website/App or
IV. have violated this Terms and conditions or
V. have misappropriated the name, likeness, email address, contact no or other personally identifiable information of another HM member created a profile on our website /App by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person whose profile is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner,

B. If HM receives any 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.

C. Unless otherwise provided in these Terms and Conditions, HM membership may be terminated by you without assigning any reasons by serving 7 (seven) days written notice on the other, all amount paid till date by you to HM shall be forfeited.

D. Upon termination / suspension of HM membership, your right to use or access the HM Website/App HM services will cease immediately. All provisions of this terms and conditions that by their nature should and shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the HM Services shall not relieve you of any obligations arising or accruing prior to such termination.

26. Jurisdiction and Applicable Law

A. The registration of HM membership and all HM services are deemed to have been entered into within the territorial Jurisdiction of Chennai, India.

B. The HM Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in Chennai, Tamil Nadu, India.

27. Mode of Payment

HM uses third party payment gateways for collection payment through credit/debit card or other payment instruments.

28. Refund and Assignment

The payments made by any HM member to by way of membership / renewal fee are treated as non-refundable.

B. HM member shall not assign or transfer their HM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions.

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

29. Renewal

When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires you will be sent a reminder 7 days before the expiry of current package.

30. Additional terms and conditions applicable to Non- Resident Indian customers.

A. Jurisdiction

The laws of India shall be applicable.

B. 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

C. However, Disputes relating to infringement of our intellectual property rights, which we may elect to have resolved by means other than arbitration.

D.  Enforcement

Any proceeding to enforce this arbitration agreement may be brought in Courts of Chennai, Tamil Nadu India.

31. Refund & Cancellation Policy

Harikesa Matrimony has a strict NO REFUND policy. Payments once made will not be refunded or appropriated to other accounts under any circumstances whatsoever.

Registration in harikesamatrimony.com is always free. A registered user can browse and view profiles. However, to send an expression of interest, the user has to upgrade to a paid user by paying the requisite fee.