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.
Please read the following terms and conditions very carefully as your use of the Website and associated CM Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/CM member subscribe to or use the CM Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or App-Applications or the CM Services.
In these Terms, references to "You" or "User" or "CM member" shall mean the end user accessing the Website/CM services, its contents or using the CM Services offered. "CM Services" means a collective reference to the Kamma Matrimony service provided by Matrimony.com Limited ,CIN : U63090TN2001PLC047432,a company under the provisions of companies act, 2013 and having its registered office at No.94, TVH Beliciaa Towers, Tower - 2, 10th Floor, MRC Nagar, Chennai, Tamil Nadu - 600 028('MCL/Company').
Kamma Matrimony [CM] 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 CM's already registered users, for seeking prospective lawful matrimonial alliances for themselves.CM 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 CM are classified broadly on the basis of religion and community for the ease and convenience of its member / customer.
CM Members are provided with free/paid access for searching profiles from the database of CM, as per the partner preference set by you (on the Website/Applications - (App) and you shortlist the prospective alliances yourself.
CM Membership is guided by the terms and conditions mentioned herein below. By using or accessing the CM Services, you agree to be bound by all the terms and conditions ("Agreement"):
CM does not authenticate any information of any profile and hence you as a user need to verify the credentials and information provided by other users.
a) CM 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 CM member you confirm that you are
I. 18 years or above (if you are a woman) or 21 years or above (if you are a man);
II. Legally competent to marry as per the law applicable to you (however you may register on our website/App by stating "Awaiting Kamma"), and
III. Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.
a. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal information's to CM. You would appreciate that efficient and effective match making through our automated system depend upon yourself furnishing true, accurate, current, complete information and photos etc. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You are requested not to key in details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites/App or repeating your details in another fields, after filling them once in the relevant fields or others photographs. You further undertake that you alone shall be responsible or liable for any information provided to CM. In order to serve you better if CM requires additional details you agree to provide it. CM shall reproduce the registered member details on "as is as available" basis to other registered members, and CM members shall be solely liable for the information given by such CM member. You may also give a missed call to any of our retail outlets phone number for us to call you back and assist you in getting 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 Center and assist you in getting your profile registered on our website/App. CM may also reproduce your profile information in other consortium of websites owned by MCL to provide better prospects to you.
b. If at any point of time CM comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete then CM shall have full right to suspend or terminate (without any notice) your CM membership and forfeit any amount paid by you towards CM membership fee and refuse to provide CM service to you thereafter.
c. CM Membership is restricted strictly to the registered CM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of CM and nor use the CM Service or CM members data for any commercial purpose, and CM reserves its right to initiate appropriate legal action for breach of these obligation.
3. Role and Responsibility of CM
a) CM is an endeavor to help you find your dream life partner (prospect) through of process of automated searching, shortlisting and contacting prospects amongst our registered members.
b) CM reproduces your details once you register on our website /App on "as is as available" basis and also share your profile with other registered CM members within our consortium of website(s).
c) CM's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance from third party / persons from amongst the other registered members of the Website/App. You agree that the system generated search results of CM are only of the profiles registered members on Website/App.
d) CM's automated system offers match making profiles between its registered members based on the partner preference set by each such CM member.
e) The search conducted by any CM member and the results thereof are automatically generated, and based on the partner preference set by you. In the event CM member changes their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change.
f) CM cannot guarantee or assume responsibility for any specific results from the use of the data available from the CM service or from the consortium of websites/portal's of MCL.
g) The CM members agrees and understands that CM may also allow third parties to provide CM members services on the website like horoscope matching etc., and CM may also collect the payment for such third party services to you.
h) CM shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques.
i) CM 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 CM servers
4. Role and Responsibility of CM Member
a. To protect the broader interest of the registered CM member and increase the efficiency, CM members ensure to keep their username and password safe and confidential for using the CM services.
b. Any additional information / data required by CM for using the CM services shall be provided by the CM Member, as and when so sought by CM.
c. In case partner preference is modified by CM member, then the automated system generated prospect search results in website /App may also undergone corresponding changes.
d. CM 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. CM shall not be liable for short coming due to any misrepresentations made by any of its CM members.
e. CM Members are expected to verify the credentials of the prospect such as family status, marital status, educational qualifications, financial status, occupation, character, health status, etc.
f. To get better search results, CM Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and CM shall retain their right under clause 2 (b) of this terms and conditions.
g. CM members are expected to disclose their health records during profile enrollment which includes any pre-existing illness, physical disability etc. Non- disclosure at the time of enrollment shall be treated as violation of the terms and conditions and CM shall retain their right under clause 2 (b) of this terms and conditions.
h. CM Members are expected to refrain from :
i. Entering into any financial transactions with prospects.
ii. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
iii. Entering into physical relationship with any prospect before marriage.
iv. Violating any law for the time being in force.
v. From mentioning details of other matrimonial services while sending personalized messages.
i. CM members are expected to visit URL https://www.kapukalyanam.com/safematrimony/ for understanding the safety measures on partner search and awareness towards online safety.
j. CM Members are expected to be cautious of prospects who ask for favors, money etc or call from multiple phone numbers, only interact over phone, doesn't come forward for face to face meeting (physically or through video calls) and don't involve family and friends in match making. Beware of suspended profiles status before you finalize an alliance with the prospect.
k. The CM members agrees that for getting effective search results of prospects on Website/App you will regularly log in to the profile maintained in the Website/App and send expression of interest which is an automated messages to prospects as a free CM member, and in the event you have availed paid CM package, you can send personalized messages to prospects to show your expression of interest/replies. CM member also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably.
l. You also agree that while accessing / using the Website/App, you will be guided by the terms and conditions of the Website/App including but not limited to the use of feature of website /App like chat instantly with prospect, viewing horoscope of prospects, enhancing privacy settings (photo/horoscope/phone number) or for viewing social and professional profile of members on their Facebook, LinkedIn, etc.
m. CM member shall not assign or transfer your CM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and CM shall retain their right under clause 2 (b) of this terms and conditions.
n. If the CM Member fails to inform CM, about any change in the particulars furnished by CM member to other CM member, then the CM membership may be suspended by CM at its sole discretion
o. CM Members agree to use secure devices, software and networks for accessing the CM services.
p. CM Members shall not probe, scan or test the vulnerabilities of the CM Website/App or any network connected to the Website/App nor breach the security measures instituted by CM.
5. Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact us:
Contact No : +91-8144998877
No.94, TVH Beliciaa Towers, Tower - 2,
10th Floor, MRC Nagar, Chennai,
Tamil Nadu - 600 028
6. Medium of Communication to CM Members
a. CM member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls from consortium of portals owned by MCL or their alliance partners.
b. CM may contact the CM member through any of the above media to share the profile of the prospect by way of internal messages / links. CM 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. CM Member further confirms that even if CM Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from CM either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.
c. You are also entitled to set up your communications frequency from CM, like - only on weekends or fortnightly etc. You may also opt for not getting any call from CM by ticking the appropriate box in the Website/App, provided that, you agree to receive calls from Relationship Manager of Assisted Matrimony/ Elite Matrimony for contacting you as a shortlisted profile for their registered members.
I. CM has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the prospect furnished by CM members and CM may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, CM/CM member may divulge such information if required by law.
II. Any feedback you provide to CM shall be deemed to be non-confidential. CM 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) CM 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 CM for the feedback under any circumstances.
III. You agree that CM 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 CM or its consortium of websites and may also send you communication in this regard.
8. Privacy of Membership
CM has taken reasonable steps to protect the CM member's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by CM and that CM will have no liability for any such act. CM member understand and agree that CM will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.
You also agree to keep your username and password confidential, to avoid any misuse of your profile at our Website/App.
You agree that, when you use third party services through Website/App, you hereby grant CM 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 CM/its payment gateway and/or such third party service providers.
9. Grievance Cell
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::
Grievance Officer : Mr. Akilan Paneerselvam
No.94, TVH Beliciaa Towers, Tower - 2,
10th Floor, MRC Nagar, Chennai,
Tamil Nadu - 600028
The Grievance officer shall be available between 10 am till 6 pm Indian Standard Time from Monday to Saturday excluding Sunday and public holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all complaints to the Grievance Officer shall be in writing
i) The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website/App that -
a) belongs to another person and to which the User does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
10. Disputes between Members
i. You and the prospect are both registered CM members and are bound by these terms and condition. We request you to follow the guidelines of safe matrimony (see URL https://www.kapukalyanam.com/safematrimony/ and give truthful information about yourself on the Website/App to avoid dispute between you and the prospect.
ii. CM is not a broker or the agent of any CM member and CM does not partake in the exchange of any kind of discussion between the CM members and prospects or the results of their discussion.
iii. CM Member's are solely responsible for the communications (through any medium) with prospect or vice versa. CM expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any CM members inter se via e-mail, chat, interaction or any other medium of communication between CM members either using website /App or otherwise.
iv. CM has no obligation, to monitor any such disputes arising between the CM members, and CM shall not be party to any such dispute/litigation etc.
11. Content Right
I. www.kapukalyanam.com is a domain registered in the name of Matrimony.com Limited (MCL). You agree that all content of CM belong to MCL excluding your or third party content including advertisement on the Website/App for which CM has requisite license/right in terms hereof to display the same on our Website/App.
II. You acknowledge that you are responsible for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph and other content(s) keyed in the relevant field of the Website/App at the time of the creation of the CM profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by CM 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 CM, you hereby grant CM 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 CM'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. CM also reserves the right to block the registration of your profile on Website/App, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in data entered by the CM members in their profile.
III. While CM does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms, then CM 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 CM may at its sole discretion put restriction on any CM member to other member's communications.
IV. CM 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 CM also reserves its right to initiate appropriate legal action against such individual/organization, as and when CM get the knowledge of the same.
V. CM is a brand owned by MCL. MCL owns, retains and has complete rights in CM and the CM Website /App/ CM Service.
VI. MCL 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.
VII. In the event we get a complaint against you and consequently we have suspended/deleted your profile in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.
12. Third Party website
b) The CM members agrees and understands that CM may also allow third parties to provide CM members services on the website/App like horoscope matching etc., and CM may also collect the payment for such third party services to you, and CM in this regard can have revenue sharing arrangement with the such third party, however in no event shall CM be liable to you for such third party services.
c) CM reserves the right to add/delete/alter/modify/suspend any or all the CM Services at any time as it may deem fit, without notice. The CM members are expected to see the change on the Website/App.
13. Limitation of liability
a) CM likes to inform you that the exchange of profile(s) through or by CM should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the CM member, from/ or by CM.
b) MCL / CM or its Office bearers shall under no circumstances be liable or responsible to the CM member or his/her authorized Representative or Guardian 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/ CM services.
c) Notwithstanding anything to the contrary contained herein, CM'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 CM, for any specific CM paid package, and no further.
d) MCL / CM will not be liable in case of any wrong match made due to any available data/profiles from the CM/MCL's consortium of websites.
e) MCL / CM or its office bearers shall under no circumstances be liable, if any, CM member enter into financial transaction with any prospect or third party.
f) MCL / CM or its office bearers shall under no circumstances be liable, if any CM member's approaching other CM members for the matrimonial alliance, is not responded/reciprocated by the other registered CM member(s).
14. Class Action Suits
You and CM acknowledge that neither of us will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor CM agrees to class arbitration.
i. The CM Website/App 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.
ii. CM website/App act's as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
iii. 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 CM services as per clause 2 (b) of these terms and conditions.
iv. Notwithstanding anything contained herein, CM reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on CM/website/App (once such instance come to CM notice) in order to ensure compliance with the rules of such placement, 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. CM 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.
v. In case of conflict between the terms and condition of Website/App and terms and conditions of any other website including consortium of portal of MCL, the terms and condition of CM Website/App shall prevail for the service provided through this Website/App.
vi. After the expiry of the CM paid package, the CM member's profiles shall remain on CM/consortium of portals from MCL itself, until the CM member intimate the finalization of his/her marriage/existence of the Website and intimates the website for removal/deletion of once profile.
a. Your access to and use of the CM Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE CMSERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, CMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CM does not warrant that the Website/App, its servers, or e-mail sent from CM are free of viruses or other harmful components. CM will not be liable for any damages of any kind arising from the use of this CM Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
b. CM 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 CM services (both paid and free).
c. Notwithstanding anything contrary contained anywhere, under no circumstances, CM shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by CM/MCL/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 CM);
iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
v. any cybercrime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. Any link to the social media provided through Trust Badge. You also understand and agree that CM is not counterchecking or authenticating the veracity of the data/photocopies of documents provided by any CM member while giving Trust Badge. CM Members are expected to counter check the veracity of the documents submitted by the prospects while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. CM 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. CM 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. CM will not be liable for any damages of any kind arising from the use of this Website/App including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
ix. Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website.
x. You shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
xi. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.
xii. You expressly agree that your use of this Website/App is at your sole risk.
By using our CM services you agree to defend, indemnify, and hold harmless CM, 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 CM. This defense and indemnification obligation will survive in perpetuity.
You agree that if we receive feedback/ complaints against your profile in relation to the facts that you are seeking physical / financial favors from our other registered members or have provided incorrect information on our website/App or committed any unlawful/illegal activities through the use of our website/App or 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, then we/CM in good faith reserve our right to suspend/delete your profile at our sole discretion without any notice to you, we also reserve to stop all CM services to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions.
CM reserves the right to forthwith terminate your CM membership, block/delete your profile and forfeit entire amount paid as membership fee; if at any time CM, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions of use. 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. Unless otherwise provided in these Terms and Conditions, CM membership may be terminated by CM / you without assigning any reasons by serving 7 days written notice on the other, all amount paid till date by you to CM shall be forfeited.
b. Upon termination / suspension of CM membership, your right to use or access the CM Website/App CM 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 CM Services shall not relieve you of any obligations arising or accruing prior to such termination.
20. Trust Badge
I. We may provide Trust Badge to you (applicable for select locations in India only) which encompasses Identity Badge, Social Badge, Professional Badge and Reference Badge. Details mentioned below need to be provided for obtaining the relevant Badges:
a. Social Badge: Social media account maintained with facebook / Twitter / LinkedIn.
b. Reference Badge: The name, address and contact details of your friends / relatives.
c. Identity Badge: Copy of any government issued photo ID Cards like Passport, Pan Card, Aadhaar, Election ID Card, Ration Card, etc.
d. Professional Badge: Copy of Educational certificate.
e. Employment Badge: Copy of Pay Slip / employment proof with salary.
II. If you opt to avail our verification and Trust Badge service offered by us, you agree to provide the copy of documents to prove your name, educational qualification, income, family photo, residence / office address, marital status (if applicable). Once verification is rendered satisfactory, the member's respective Badges are activated online. However, CM does not verify the origin, genuineness, legality of the documents or take any responsibility of the same. Based on the data provided during verification, if there is difference in the data provided in your profile, CM reserve the right to suspend the Matri ID.
III. If at any time you happen to edit the details which were provided or verified by CM then the trust badge/verification seal will be removed forthwith.
IV. For Social and Reference Badge entire details is provided by the member on their own and the same will be visible to the general public. Whereas CM will maintain confidentiality of all copy of the documents provided by you in respect of Identity / Professional Badge and shall take all possible and /or bonafide steps for maintaining the confidentiality. The same will not be made visible to the others members. However, CM may divulge such information if required by law or to law enforcement agencies or courts without any intimation to you.
V. If CM has reason to believe that the proof provided by you is suspicious, then CM reserves the right to remove the authentication seal or suspend, remove, delete the profile at its own discretion.
VI. Issuance of Verified or Trust Badge would depend upon your willingness to provide copy of the documents or references or tagging of social media accounts.
21. Mode of Payment
a. All payments to CONSIM shall be by way of Cash/Cheque/Credit/Debit Cards/Netbanking/RTGS/mobile wallets/UPI with the prevailing RBI guidelines. Activation of paid CM 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 CM service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
b. CM uses third party payment gateways for collection of credit/debit card or other payment instruments. In case of payment gateway failure the same would be communicated to the CM member by the payment gateway provider. CM 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, CM offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateway.
c. 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.
A. All CM paid package users can renew the paid package to carry forward the un-used contacts (Mobile no. viewing and SMS).
B. The payments made by CM member to CM by way of registration / membership / renewal fee / auto renewal is/are treated as non-refundable. Payment once made for CM services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
C. CM members cannot put the paid CM service on hold even temporarily, for any reason whatsoever. Based on the tenure of paid CM service and date of payment taken, the expiry of paid CM service will automatically happen on expiry of the applicable paid package taken by you.
i) 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. We would send an electronic mail to your id registered with us for your automatic renewal.
ii) 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 cost prevailing at that point of renewal shall be applicable.
iii) If you do not want your paid membership to automatically renew, you must cancel your paid membership by any of the following methods.
By logging into your account on the Website/App by following the instructions: Click: Profile -> Membership details -> Cancel Subscription -> Confirm.
For US customers, by Mailing to the customer cancellations id at email@example.com.
iv) If the user is using WAP or PWA, then the user has to go to the website or App to do the cancellation for auto-renewal as mentioned in point a hereinabove.
23. After availing our services and if you opt for chargeback, we will have the right to suspend your profile and take action against you as we deem fit without any notice to you.
24. Your Mobile network
a) You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the app. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the app or any such third party charges as may arise. You accept responsibility for any such charges that arise.
b) This app is available to handheld mobile devices running Android Operating System / Apple Operating System. We will use reasonable efforts to make the app available at all times. However you acknowledge the app is provided over the internet and mobile networks and so the quality and availability of the app may be affected by factors outside our reasonable control. We reserve the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice.
c) It is our discretion to update/maintain our app or to remove any features from our app as we may think fit. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld 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, handheld device or mobile telephones as a result of the installation or use of the app.
25. Jurisdiction and Applicable Law
a) The registration of CM membership and all CM services are deemed to have been entered into within the territorial Jurisdiction of Chennai, India.
b) The CM 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.
26. Arbitration of Disputes.
The Parties shall discuss among themselves and resolve any disputes informally. CONSIM is always 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 days from the date of such dispute, then such dispute may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. Please go through this link for Arbitration process.
However, Disputes relating to infringement of CONSIM intellectual property rights, which CONSIM may elect to have resolved by means other than arbitration. Notwithstanding the above, both the parties agree that in connection with any Dispute, our rights will be determined by an independent arbitrator and not my any Jury, Judge or a Court. The arbitrator disputes will be according to the rules of Arbitration and Conciliation Act, 1996 with Chennai, Tamil Nadu, India as the venue of Arbitration. The Language of Arbitration shall be in Engllish.
Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
28. Limitation of Time Period to Commence a Dispute.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
29. You hereby, unconditionally and irrevocably confirm that you have read terms and conditions and agree to abide by them and the information provided by you is true and correct.