Evaara Matrimony
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, store, 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;
B. is obscene,
pornographic, paedophilic, invasive of another's privacy including bodily
privacy, insulting or harassing on the basis of gender, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or
promoting enmity between different groups on the grounds of religion or caste
with the intent to incite violence;
C. is harmful to child;
D. infringes any patent,
trademark, copyright or other proprietary rights;
E. deceives or misleads
the addressee about the origin of the message or knowingly and intentionally
communicates any misinformation or information which is patently false and
untrue or misleading in nature;
F. impersonates another
person;
G. 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
cognisable offence, or prevents investigation of any offence, or is insulting
other nation;
H. contains software
virus or any other computer code, file or program designed to interrupt,
destroy or limit the functionality of any computer resource; (ix) violates any
law for the time being in force.
11. Disputes between
Members
A. Evaara Matrimony
Members are solely responsible for the communications (through any medium) with
prospect or vice versa. Evaara Matrimony 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 Evaara Matrimony members inter se
via e-mail, chat, interaction, Whatsapp or any other medium of communication
between Evaara Matrimony members either using website /App or otherwise.
B. Evaara Matrimony has
no obligation, to monitor any such disputes arising between the Evaara
Matrimony members, and Evaara Matrimony shall not be party to any such
dispute/litigation etc.
C. Evaara Matrimony is
not a broker or the agent of any Evaara Matrimony member, and Evaara
Matrimony does not partake in the exchange of any kind of discussion
between the Evaara Matrimony members and prospects or the results of their
discussion.
12. Content Right
A. You agree that all
content of Evaara Matrimony belong to Evaara Pvt Ltd excluding your or third
party content including advertisement on the Website/App for which Evaara
Matrimony 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 Evaara Matrimony profile or
subsequently modified by you and also for all the post and communication
(including personalized messages sent by Evaara Matrimony 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 Evaara Matrimony, you hereby
grant Evaara Matrimony 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 Evaara Matrimony 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 Evaara
Matrimony 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, Evaara Matrimony 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 Evaara Matrimony may at
its sole discretion put restriction on any Evaara Matrimony member to other
member's communications.
D. Evaara Pvt Ltd/Evaara
Matrimony 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. Evaara Matrimony
member understand and agree that Evaara Matrimony may allow third parties to
put up advertisements on the Evaara Matrimony application/Website and Evaara
Matrimony does not control the contents of such third party advertisement on
the Evaara Matrimony 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 Evaara Matrimony
members agrees and understands that Evaara Matrimony may also allow third
parties to provide Evaara Matrimony members services on the website/App like
horoscope matching etc., and Evaara Matrimony may also collect the payment for
such third party services to you, and Evaara Matrimony in this regard can have
revenue sharing arrangement with such third party, however in no event shall
Evaara Matrimony be liable to you for such third party services.
C. Evaara Matrimony
reserves the right to add/delete/alter/modify/suspend any or all the Evaara
Matrimony Services at any time as it may deem fit, without notice. The Evaara
Matrimony members are expected to see the change on the Website/App.
14. Limitation of liability
A. Evaara Matrimony or
Evaara Pvt Ltd or its Office bearers shall under no circumstances be liable or
responsible to the Evaara Matrimony 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/ Evaara Matrimony services.
B. Evaara Matrimony
informs you that the exchange of profile(s) through or by Evaara Matrimony
should not in any way be construed as a matrimonial offer and/or recommendation
and / or advice or guarantee given to the Evaara Matrimony member, from/ or by
Evaara Matrimony.
C. Notwithstanding
anything to the contrary contained herein, Evaara Matrimony 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 Evaara Matrimony, for
any specific Evaara Matrimony paid package, and no further.
15. Evaara Pvt Ltd/
Evaara Matrimony will not be liable in case of any wrong/improper match made
due to unavailability of profiles from Evaara Matrimony / Evaara Pvt Ltd
owned other websites.
16. Evaara
Matrimony / Evaara Pvt Ltd or its office bearers shall under no circumstances
be liable, if any, for the Evaara Matrimony member entering into financial
transaction with any other Evaara Matrimony Member or any third party.
17. Evaara Pvt Ltd/
Evaara Matrimony or its office bearers shall under no circumstances be liable,
if any, for any Evaara Matrimony 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 Evaara Matrimony. Further
neither you nor Evaara Matrimony 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 Evaara Matrimony services as per clause 2 (b)
of these terms and conditions.
20. Notwithstanding
anything contained herein, Evaara Matrimony reserves the absolute right to
delete, in any manner as it deems fit, any content of any profile listing
placed on Evaara Matrimony /website/App (once such instance come to Evaara
Matrimony 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, libelous, 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. Evaara Matrimony 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 Evaara Matrimony website/App as a means of communication while
sending messages to other Evaara Matrimony 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 Evaara
Matrimony 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. In case of
conflict between the terms and condition of Website/App and terms and
conditions of any other website including other websites of Evaara Pvt
Ltd/Evaara Matrimony, the terms and condition of Evaara Matrimony Website/App
shall prevail for the service provided through this Website/App.
24. Disclaimer
A. Your access to and
use of the Evaara Matrimony Services or any content is at your own risk. YOU
UNDERSTAND AND AGREE THAT THE EVAARA MATRIMONY SERVICES ARE PROVIDED TO YOU ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE
FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EVAARA MATRIMONY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Evaara Matrimony does not warrant that the
Website/App, its servers, or e-mail sent from Evaara Matrimony are free of
viruses or other harmful components. Evaara Matrimony will not be liable for
any damages of any kind arising from the use of this Evaara Matrimony
Website/App, including, but not limited to direct, indirect, incidental,
punitive, and consequential damages.
B. Evaara Matrimony 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 Evaara Matrimony
services (both paid and free).
C. Notwithstanding
anything contrary contained anywhere, under no circumstances, Evaara Matrimony
shall be held responsible or liable whatsoever or howsoever, arising out of,
relating to or connected with:
i. any act or omission
done by Evaara Matrimony / Evaara Matrimony Pvt Ltd/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
Evaara Matrimony);
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. Evaara Matrimony
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. 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.
25. Indemnity
By using our Evaara
Matrimony services you agree to defend, indemnify, and hold harmless Evaara
Matrimony, 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 Evaara Matrimony. This
defence and indemnification obligation will survive in perpetuity.
26. Termination
A. We/ Evaara Matrimony
in good faith reserve our right to terminate your Evaara Matrimony membership
or suspend/delete your profile at our sole discretion without any notice to you
and take any action as mentioned in clause 2 (b) of the Terms and Conditions,
in case you
I. seek physical /
financial favors 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 Evaara Matrimony member created a profile on our website
/App by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent
of the person who’s 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 Evaara Matrimony
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, Evaara Matrimony membership may be
terminated by Evaara Matrimony / you without assigning any reasons by serving 7
( seven) days written notice on the other, all amount paid till date by you to
Evaara Matrimony shall be forfeited.
D. Upon termination /
suspension of Evaara Matrimony membership, your right to use or access the
Evaara Matrimony Website/App Evaara Matrimony 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 Evaara Matrimony Services shall not relieve you of any obligations
arising or accruing prior to such termination.
27. Jurisdiction and Applicable
Law
A. The registration of
Evaara Matrimony membership and all Evaara Matrimony services are deemed to
have been entered into within the territorial Jurisdiction of Vijayawada, A.P,
India.
B. The Evaara Matrimony
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 Vijayawada, A.P, India.