This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Application is created and operated by UrbanMatch LLP, (hereinafter referred to as “We”, “Our”, “Us” and “App”) having its registered address at ‘Basement Floor Plot, 316 Chandermukhi Building, Barrister Rajani Patel Marg, Nariman Point, Mumbai, Maharashtra, India’, and operating under the brand name “UrbanMatchTM” (“Brand Name”). We intend to ensure your steady commitment to the usage of this App and the services provided by us through our App “UrbanMatchTM” (“Application”)
b. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Application provided by us and who is competent to enter into binding contracts, as per Indian laws.
c. “Third Parties” refer to any Application or individual apart from the Users and the creator of this Application.
Registration on the App is mandatory for Users of the App. The Users can register by providing the following information:
The Users cannot link their social media accounts on the App.
This App is an online matrimonial application with a vision for prospective bride and groom to be their own matchmaker and make a connection with a potential partner before tying the knot. We believes that getting to know someone before marrying is a must and also that diving into the dating scene with the intention of settling down may not be that fruitful. The App operates with the like-minded users to find someone they can spend their life with. The App allows the Users to find a prospective match having the same frequency as they searched for. The App strictly focuses for the matrimonial relationship by hosting verified profiles of the users looking to tie the knot and is not in any manner is a dating platform. The Users on the App can create a custom search to look for someone compatible and in any chance of a mutual feeling, the Users can get into a conversation/meet before deciding.
The functionalities of the App works when Users register and make their profiles by entering their personal and professional details also by uploading photos/videos. The Users can send connection request to other profiles and chat with them, if accepted. Also, Users can verify themselves by Artificial Intelligence Face Match verification method in which User open their front-end camera and AI algorithm-based tech will scan their face and the platform will see if it matches with the uploaded photos. If it matches then, User profile is verified. Users can also register for the offline events organized by the platform and the User can attend the events to interact with the other Users.
For making all payments for services on the App, you shall be required to make payment for which you will be redirected to a third-party payment gateway, that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
c. You shall not use the App if you are not competent to contract, marry as per the legal age or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork(collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the App. All the Content displayed on the App is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the App and whilst feedback and comments by You can be made via the App, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the App. Further, the App reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the App or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading on the App.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the App. You shall not copy, adapt,and modify any content from the App.
a. Your use of the App,
c. Your violation of any rights of another;
e. Your conduct in connection with the App;
You agree to fully cooperate in indemnifying Us at your expense.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the App and/or the Services or materials contained therein.
1. We are not responsible for any consequences arising out of the following events:
a. If the App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
b. If you have fed incorrect information or data or for any deletion of data;
c. If there is an undue delay or inability to communicate through email;
d. If there is any deficiency or defect in the Services managed by Us;
e. If there is a failure in the functioning of any other service provided by Us.
2. The App accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the App or any service availed of by Us through the App. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the App.
4. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the App.
2. You may terminate your use of the App at any time.
4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
5. It is also hereby declared that we may discontinue the Services and App without any prior notice.
6. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the App, or any portion thereof, at any time, without notice or cause.
7. We also reserve the universal right to deny access to You, to any/all of are on its App without any prior notice/explanation to protect the interests of the App and/or other Users to the App.
8. We reserve the right to limit, deny or create different access to the App and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this App and providing Your identity and contact information to Us through the App, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to App or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
You agree and acknowledges that you are a restricted User of this App and you:
a. Agree to provide genuine credentials during the process whenever required on the App. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
b. Agree to ensure the Name, Date of Birth, Gender, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
c. Agrees that the User shall be entirely responsible for all activities that the user shall undertake post making the booking with the service provider/vendor and the user shall undertake sole responsibility towards any activities including but not limited to vehicle accidents, smuggling, trafficking, any illegal or prohibited activities. Further, the user shall waive all its rights to undertake any action against us towards any breach of personally identifiable information.
(i). Agree to be solely responsible for any harm caused by venue staff, misbehave by other users on the event, physical harm, mental harm and any other things which may happen that was not intended in the offline events organized by us.
d. You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. The User represents and warrants that the User shall undertake to exclude any liability and hold Us harmless for any legal action that may arise for the Firm due to the user’s activities which may involve any type of illegal activities in which the user undertakes to use the services of the App under the influence of drugs, alcohol, or for smuggling, trafficking etc., which may or may not involve prohibited substances and commodities or if there arises any legal action against Us under the provisions of the Indian Penal Code.
e. Authorize the App to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the App. Any such use/limited use of the App will only be allowed with the prior express written permission.
h. Agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface provided by the App. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or its content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App will lead to suspension or termination of your access to the App. We disclaim any liabilities arising concerning such offensive content on the App.
i. Expressly agree and acknowledge that the Content generated by the Users and displayed on the App is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the App, at our sole discretion. You further undertake not to:
i. Engage in any activity that interferes with or disrupts access to the App or the services provided therein (or the servers and networks which are connected to the App);
ii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iii. Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the App, or any other viewer of the App, including any User account maintained on the App not operated/managed by the User, or exploit the App or information made available or offered by or through the App, in any manner;
iv. Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers, or networks connected to or accessible through the App or any affiliated or linked App.
vi. Violate any code of conduct or guideline which may apply for or to any particular service offered on the App;
vii. Violate any applicable laws, rules or regulations currently in force within or outside India;
ix. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the App;
j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the App might be directed to disclose any information (including the identity of persons providing information or materials on the App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on the App, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the App without prior intimation whatsoever.
n. You agree not to post any material on the App that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which you have no right to;
ii. 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;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any grossly harmful information, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. 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.
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the App, and/or refuse to the usage of the App, without being required to provide you with notice or cause:
b. If you have provided wrong, inaccurate, incomplete or incorrect information;
c. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
You shall not use any of the intellectual property displayed on the App in any manner that is likely to cause confusion among existing or prospective Users of the App, or that in any manner disparages or discredits the App, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the App through which You can communicate with other users and the App does not own any of the intellectual property relating to the independent content displayed on the App, apart from created graphics and specified content.
1. You further agree and undertake that you are accessing the App at your sole own risk and are that you are using the best and prudent judgment before availing of any features on the App or accessing/using any information displayed thereon.
2. You agree that any kind of information, resources, activities, recommendations obtained/availed from the App, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
3. We do not guarantee that the features and content contained in the App will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the App.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes(“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.
In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Mumbai, Maharashtra, India.