INDIANMATRIMONIAL Website ‘Terms and Conditions of Use’
In these Terms and Conditions of Use (“Terms”), “us”, “we” or “our” means indianmatrimonial.com.au (ABN 62 647 546 671).
It is important that you understand these terms and conditions which govern your use of www.indianmatrimonial.com.au (the “indianmatrimonial site”). If you have any questions, please contact us at info@indianmatrimonial.com.au or via the Contact Us page on the website.
By using the indianmatrimonial site, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by these terms. If you do not agree to the Terms, please do not use the indianmatrimonial site.
These terms are governed by the laws of Australia.
1. Agreement
- 1.1. By accessing and using the INDIANMATRIMONIAL site, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the INDIANMATRIMONIAL site relating to your use of the INDIANMATRIMONIAL site (“INDIANMATRIMONIAL Terms”).
- 1.2. We may change the INDIANMATRIMONIAL Terms at any time. If we do, an amended version of the INDIANMATRIMONIAL Terms will be posted on the INDIANMATRIMONIAL site.
- 1.3. You are responsible for ensuring that you regularly review the INDIANMATRIMONIAL Terms and your continued use of the INDIANMATRIMONIAL site after any changes are made will be deemed to constitute your acceptance of those changes. If you object or do not agree to any changes to the INDIANMATRIMONIAL Terms, or otherwise become dissatisfied with your membership of the INDIANMATRIMONIAL site, your only remedy is to immediately:
- discontinue use of the INDIANMATRIMONIAL site; and/or
- terminate your subscription in accordance with the INDIANMATRIMONIAL Terms and Conditions.
2. Membership and Subscription
- 2.1. You must be at least 18 years old to become a member of the INDIANMATRIMONIAL site. You must not attempt to register if you are under 18 years of age.
- 2.2. When registering as a member of the INDIANMATRIMONIAL site, you must provide us with accurate, complete, and up-to date information as requested. It is your sole responsibility to keep us updated of any changes and provide accurate information. You may do this at any time by accessing your Account Page on the INDIANMATRIMONIAL site or by emailing us.
- 2.3. You must disclose if you are divorced or separated and if required provide evidence that you are lawfully eligible to enter into a marriage in accordance with Australian Law.
- 2.4. As a member of the INDIANMATRIMONIAL site, you are permitted to create only one personal profile for yourself on our site. You must not create multiple member profiles on our site.
- 2.5. If your parents or family member create an account on your behalf, they must ensure that they have your permission to do so. INDIANMATRIMONIAL site does not bear any responsibility.
- 2.6. INDIANMATRIMONIAL reserves the right at its sole discretion to decide when and with whom your profile will be shared and vice versa for the purpose of matrimonial alliance.
- 2.7. It is your individual responsibility to check your inbox/communication regularly received. At no point it is the responsibility of INDIANMATRIMONIAL to send you (paid members) reminders.
- 2.8. The personal profiles shared with you are solely for the purpose of matrimonial alliance. You are under no circumstances permitted to forward, share, distribute or pass on to anyone else information shared without written permission from the INDIANMATRIMONIAL. You are responsible for protecting the privacy and confidentiality of the information shared with you.
- 2.9. INDIANMATRIMONIAL reserves the right to suspend or terminate your membership at its sole discretion.
- 2.10. All personal information you provide to us will be treated in accordance with our Privacy Policy and applicable law.
3. Termination and Suspension
- 3.1. You may terminate your membership of an INDIANMATRIMONIAL site for any reason only by providing written notice by emailing us on: info@indianmatrimonial.com.au. If you decide to cancel or deactivate your account and subscription, your subscription amount will not be refunded under any circumstances.
- 3.2. We reserve the right to terminate and deactivate your membership immediately without notice if:
- You have committed a breach of any of the INDIANMATRIMONIAL Terms.
- You have misrepresented the facts while making registration/ obtaining subscription.
- You have been convicted of any offence by the courts anywhere in the world.
- You have failed to update any developments/ information occurring after your subscription.
- You have acted in indecent manner towards any of the matrimonial candidates either on phone, any social media or in person.
Account Deletion
- 3.3. You agree that if you decide to delete your account before the expiry of your membership period without seeking prior written approval from the INDIANMATRIMONIAL site, then your account cannot be re-opened for the remainder of your membership period, and your subscription fee paid to INDIANMATRIMONIAL will be forfeited. No refunds of the subscription fee will be issued at any time as you have independently decided to delete your account without the consent of INDIANMATRIMONIAL.
- 3.4. For avoidance of doubt, once your account is deleted by you and subsequently you change your mind and require that your account now be re-opened during the membership period or otherwise later, it will be considered a new membership, and you will need to pay a full subscription fee for your chosen package. No fee adjustments will be made.
4. Service and Features
- 4.1. You may become a member of the INDIANMATRIMONIAL site by signing to appropriate subscription package. As a member you will have the ability to access the features and services prescribed in your package on INDIANMATRIMONIAL site.
- 4.2. Please refer to the available payment methods on INDIANMATRIMONIAL site.
- 4.3. We reserve the right to change offered package pricing on the INDIANMATRIMONIAL site at any time.
- 4.4. Unless expressly stated otherwise, package pricing for services or features on the INDIANMATRIMONIAL site will be excluding GST.
- 4.5. We reserve the right to change or discontinue any service or subscriptions of the INDIANMATRIMONIAL site in whole or in part at any time. However, we will provide the services promised in your package till the remaining term of the package.
- 4.6. The package you have subscribed to is not transferrable in any shape or form. You are not permitted to transfer any services purchased by you to any other person.
- 4.7. Subscription once taken will not be refunded under any circumstances.
5. Collection and Use of Personal Information
- 5.1. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy and the applicable law.
- 5.2. When you register your account, we will provide you with a username and password. You are solely responsible for keeping this username and password secure and for all use and activity carried out under this username.
- 5.3. We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.
- 5.4. We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
- how we store and use, and how you may access and correct your personal information.
- how you can lodge a complaint regarding the handling of your personal information.
If you would like any further information about our privacy policies or practices, please contact us.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.
6. Secure Access
- 6.1. You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password.
- 6.2. We may at any time request a form of identification to verify your identity and/or your compliance with the INDIANMATRIMONIAL Terms.
7. Matrimonial Content
- 7.1. Any images or text (Content) that you transmit or provide on to the INDIANMATRIMONIAL site must be complete and accurate.
- 7.2. You agree not to transmit or provide on an INDIANMATRIMONIAL Content that:
- a) is false or misleading in any way;
- b) infringes the rights of any third party;
- c) you do not have a right to make available under any law orcontractual obligation;
- 7.3. You are solely responsible for Content that you transmit or provide on an INDIANMATRIMONIAL site. We are not responsible for, and accept no liability with respect to, any Content transmitted or provided to the INDIANMATRIMONIAL site, or otherwise transmitted to any member of an INDIANMATRIMONIAL site by any other means, by any person..
- 7.4. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content transmitted or provided to the INDIANMATRIMONIAL site, or otherwise to any other member of an INDIANMATRIMONIAL site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us during the course of us providing you with matrimonial services.
- 7.5. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on Content provided or transmitted to the INDIANMATRIMONIAL site, or otherwise transmitted to any other member of an INDIANMATRIMONIAL site by any other means.
8. Use of the INDIANMATRIMONIAL site and prohibited activities
- 8.1. You agree not to use the INDIANMATRIMONIAL site (or contact any other member of an INDIANMATRIMONIAL site) to:
- a) defame, abuse, harass, stalk, threaten or otherwise offend others during your dealings;
- b) engage in or promote unsolicited e-mailing or spamming;
- c) impersonate or create a profile for any person or entity;
- d) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
- e) solicit money, passwords or personal information from any person.
- 8.2. The INDIANMATRIMONIAL site are for the personal use of individual members only. The INDIANMATRIMONIAL site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the INDIANMATRIMONIAL site is prohibited.
- 8.3. We reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
9. Safe interaction, complaints and disputes
- 9.1. If you are experiencing problems with any other member of an INDIANMATRIMONIAL site and would like to make a complaint, please send us an email.
- 9.2. We may record and store any information relating to any complaint made against you.
- 9.3. We reserve the right, but have no obligation, to monitor disputes between members of an INDIANMATRIMONIAL site.
- 9.4. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of an INDIANMATRIMONIAL site.
10. Intellectual Property
- 10.1. We own and retain all proprietary rights in and relating to the INDIANMATRIMONIAL site. Proprietary rights in and relating to the INDIANMATRIMONIAL site must not be used in any way without our prior written consent.
- You warrant that any Content that you transmit and provide on theINDIANMATRIMONIAL site, or otherwise transmit to any other member of the INDIANMATRIMONIAL site by any other means, will not infringe the intellectual property rights of any third party.
- 10.3. Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
- 10.4. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content provided or transmitted to the INDIANMATRIMONIAL site, or otherwise transmitted to any member of the INDIANMATRIMONIAL site, other than their own Content, without the express written permission of the relevant owner.
11. External Activities
- 11.1. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, or other activities that may be conducted offline and may be conducted by third parties (External Activities).
- 11.2. External Activities may be subject to separate terms and conditions.
- 11.3. You acknowledge that you participate in any External Activities at your own risk.
12. Limitation of Liability
- 12.1. You acknowledge that you use the INDIANMATRIMONIAL site and provide us with your personal information at your own risk.
- 12.2. You acknowledge that, to the maximum extent permitted by law, we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the INDIANMATRIMONIAL site, marital breakdown, release of personal information including accidental, or any other members’ use of or conduct in connection with the INDIANMATRIMONIAL site, in any circumstance.
- 12.3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the INDIANMATRIMONIAL site, including but not limited to any breach by you of the INDIANMATRIMONIAL Terms and any relationship breakdown.
- 12.4. To the maximum extent permitted by law, we exclude all liability for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, defamation, data, contracts, use of money; relationship breakdown or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
- 12.5. To the maximum extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the INDIANMATRIMONIAL Terms. In particular, we do not make any representations or warranties that the INDIANMATRIMONIAL site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the INDIANMATRIMONIAL site.
13. General
- 13.1. If any provision of the INDIANMATRIMONIAL Terms is held to be invalid, the remainder of the INDIANMATRIMONIAL Terms shall continue in full force and effect.
- 13.2. For us to waive a right under these terms, the waiver must be in writing.
- 13.3. You agree that the INDIANMATRIMONIAL Terms will be governed by the laws of New South Wales.
14. Subscription terms and conditions
- 14.1. Standard and subscriptions are services that give members access to a range of services. Details of current subscription options and prices are available at the INDIANMATRIMONIAL.
From: Consenting Party – By registering on Indian Matrimonial, you agree and consent to the Use of Quote, Image and/or Recording and enter into this binding Consent to Use of Quote, Image and/or Recording (I or me)
To: Indian Matrimonial (ABN 62 647 546 671) (the Recipient)
Purpose: Only for the purposes of matrimonial matchmaking (Purpose)
- Consent to use of Relevant Works – I hereby irrevocably grant to the Recipient a perpetual, royalty-free licence to keep and use at any time, without notifying me, and in any manner or media whatsoever (including, without limitation, in the Recipient’s website and/or online social media pages) all or any part of any literary, dramatic, musical and/or artistic work – within the meaning of the Copyright Act 1968 (Cth) (Copyright Act) – created by me or by any child of whom I am a parent or guardian (my Child), including (without limitation) any:
- photograph or other image, and/or audio and/or video recording, of me or my Child (if adult, I have consent from my child to share information with Indian Matrimonial); and
- transcript of any such recording or of any verbal statement made by me or my Child (if adult, I have consent from my child to share information with Indian Matrimonial) that was or is provided by me to the Recipient in connection with the Purpose (each a Relevant Work) – including, subject to paragraph 3(b) below, permission to name and/or otherwise identify me or my Child, as applicable, as the creator of the Relevant Work – PROVIDED THAT the use is for the promotion of, or is otherwise reasonably connected with, the Purpose. I acknowledge and agree that the Recipient will not pay me for entering into this Agreement or for the use of any Relevant Work.
- Intellectual property rights – I acknowledge and agree that all intellectual property rights of any nature (including, without limitation, copyright, moral rights and rights to goodwill), whether registered or unregistered, that subsist or will subsist now or in the future in any part of the world in any Relevant Works (Relevant IP) will be owned by, and vest in, the Recipient. I hereby irrevocably and unconditionally assign, transfer and convey to the Recipient all current and future right, title and interest in all Relevant IP.I further represent and warrant to the Recipient that, if a Relevant Work created by me or my Child includes any copyright material belonging to any third party, I have permission from the copyright owner to use, and to allow the Recipient to use, that material.
- Moral rights – I hereby irrevocably and unconditionally consent to the doing of any acts, and making of any omissions, by the Recipient that infringes any of my or my Child’s moral rights (within the meaning of Part IX of the Copyright Act) in any Relevant IP, including, without limitation:
- not naming me or my Child, as applicable, as the creator of a Relevant Work; or
- amending or modifying (whether by changing, adding to and/or deleting/removing) any part of a Relevant Work, PROVIDED THAT, for any amendment/modification that materially alters the meaning or impression of the Relevant Work, neither I nor my Child, as applicable, is named or otherwise identified as the author of the amended/modified work.
- Release – I hereby irrevocably and unconditionally release the Recipient and its directors, officers, employees, consultants, agents and representatives from, and covenant not to bring or make any claim, demand or proceedings against any of them in respect of, any use of a Relevant Work in accordance with this Agreement.
- Governing law – Any disputes or claims arising out of or in connection with its subject matter or formation are governed by the laws of New South Wales, Australia. Non-Disclosure Agreement: Confidentiality Agreement By: Consenting Party – By registering on Indian Matrimonial, you agree to the terms of the Non-Disclosure Agreement: Confidentiality Agreement and are taken to have entered into this binding NDA Agreement (I or me) In favour of: Indian Matrimonial (ABN: 62 647 546 671) (the Disclosing Party) Contemplated Arrangement: The provision of services provided by the Disclosing Party to the Recipient for matrimonial matchmaking purposes (the Contemplated Arrangement)
The parties wish to investigate the Contemplated Arrangement. In the course of those investigations, it will be necessary for the Disclosing Party to disclose Confidential Information to the Recipient.
- Indian Matrimonial provides elite and bespoke matchmaking services to its clients and takes pride in providing excellent customer experience with honesty and confidentiality.
- The parties wish to disclose Confidential Information to one another and ensure that the confidentiality of such Confidential Information is maintained.
- “Confidential Information” means all information that is expressly or impliedly designated as confidential, or that a reasonable person would consider to be confidential, however recorded or preserved, that is disclosed or provided (whether in writing, orally or by any other means) by or on behalf of the Disclosing Party to the Recipient or any representative of the Recipient before, on or after the date of this Agreement in connection with the Permitted Purpose.
- The Recipient hereby irrevocably covenants with the Disclosing Party to:
- not use any Confidential Information for any purpose other than investigating, pursuing and implementing the Contemplated Arrangement relating to matchmaking services provided exclusively by Indian Matrimonial (the Permitted Purpose);
- not do anything that deliberately, recklessly or negligently prejudices the reputation of Indian Matrimonial, including making disparaging remarks either verbally or in writing to a third party;
- not disclose any Confidential Information to any person, including third parties in whole or part except as strictly necessary for the Permitted Purpose only authorised by Indian Matrimonial;
- not act in an abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or discriminatory manner towards the owner, officer or employees working for the other Party or its Clients;
- Use services for any commercial purposes other than matchmaking;
- ensure/procure that any person to which the Recipient discloses any Confidential Information:
- uses it only for the Permitted Purpose;
- does not disclose it to any other person without the prior written consent of the Disclosing Party; and
- enters into a confidentiality agreement with the Disclosing Party on terms equivalent to those in this agreement, if required by the Disclosing Party.
- Indian Matrimonial reserves all copyright and any other intellectual property rights to any material or content provided to clients as part of the matrimonial services. You must not copy or distribute any such materials or content except for the permitted purposes.
- Upon the written request of the Disclosing Party, the Recipient must:
- return all Confidential Information received in tangible form by any Receiving Entity;
- destroy any copies, Confidential Information (including derivative analysis based on Confidential Information); and
- certify in writing to the Disclosing Party that it has complied with the requirements of this agreement.
- The Recipient acknowledges that, as a result of any failure by it to comply with its covenants under clause 4, the Disclosing Party may suffer loss of profits/revenues, loss of business opportunities and loss of goodwill/intellectual property rights, and so may be entitled to injunctive relief. The Recipient hereby irrevocably indemnifies the Disclosing Party from and against any and all losses or damages that the Disclosing Party may suffer or incur as a result of any failure by the Recipient to comply with its covenants under clause 4.
- Any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of New South Wales, Australia.
INDIANMATRIMONIAL.COM.AU Privacy Policy
INDIANMATRIMONIAL.COM.AU (“INDIANMATRIMONIAL.COM.AU”, “we”, “us” or “our”) provides online website-based match-making and matrimonial coaching services (the “Services”). We are providing these services to the community at a nominal fee and as good will gesture. All parties will participate in their dealings with each other in good faith and comply with the Privacy Policy.
We are committed to protecting and maintaining your privacy and we are bound by the Australian Privacy Principles (APPs) and Privacy Act 1988 (Privacy Act). As part of our business operations, we may collect your personal information. This Privacy Policy describes the type of personal information we may collect and how we use, hold and disclose this personal information.
This Privacy Policy is in addition to the general Terms of Use governing our Services and digital properties and should be read in conjunction with such Terms of Use. In providing our wide-ranging Services, and considering the usefulness of personal information, we have established an information protection policy to protect the individual’s rights and interests, and all employees shall carry out this policy in good faith.
The term “personal information” as used in this policy shall mean any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, photo, email address, location data, online identifier or one or more factors specific to you.
1. Our data privacy principles
- a. We will collect and use appropriate personal information, giving consideration to the nature of the Services and our business contentand scale.
- b. We will specify the purpose for which we use personal information when communicating with you and take appropriate measures to ensure the use of personal information does not exceed that purpose.
- c. We will comply with applicable laws regarding the use of personal information.
- d. We will establish a system to prevent leak,loss, deletion or damage of personal information. Moreover, we will take appropriate corrective and preventive measures for accidental release of personal information. We will notify you if there has been an accidental release of your personal information. However, you acknowledge that it may not be possible to protect release of your personal information by INDIANMATRIMONIAL.
- e. We will promptly respond to requests for disclosure of, enquiries about and complaints regarding personal information.
- f. We will regularly review and appropriately improve the information security.
2. What information do we collect?
We use different methods to collect personal information from and about you including through:
- a. Personal information you give us. You may give us your personal information including your email address, and your resume, pictures profile, by filling in forms or by communicating with us by email or otherwise. This includes personal information you provide when you enquire about, or register to use our services.
- b. Personal information we collect. As you interact with our site we may automatically collect technical information about your equipment, browsing actions and patterns, the date you have accessed our site, the website you have visited before visiting our site, your browser, OS, IP address, and the domain name. We collect this personal informationby using cookies, server logs and other similar technologies. The content recorded on access logs is not used in conjunction with personal information. It is used as server operation information to assist in improving our site and Services, and to actively prevent misuse of our Services.
3. Regarding Cookies
Like many websites, we use ‘Cookies’ to make our site more convenient to our customers. Cookies are small pieces of data that are transferred between a Web server and your Web browser, and stored on your computer or mobile device as a file.
We mainly use Cookies for the following purposes:
- a. On our site and Services, we use Cookies to deliver personalisedexperiences to our customers.
- b. Cookies are used for analytic practices to help us understand ourcustomers’ activities on our site.
- c. You may disable the function of Cookies by choosing the browser’s configuration. Please note that this may result in you not being able to use all or part of the Services.
4. How do we process information?
We will use your personal information for the following purposes:
- a. To confirm your identity;
- b. To contact you by phone or email;
- c. To respond to your questions and provide related customer services;
- d. To detect and prevent fraud or other crime;
- e. To monitor and protect the security of our information, systems andnetwork;
- f. To inform you of changes made to our site and our Services;
- g. To ensure that content from our site is presented most effectively foryou and your computer;
- h. To display content customised to your interests;
- i. Assess your needs and interests
- j. Improve our site.
5. How do we share information?
Your personal information will be treated as strictly confidential. We may share your personal information with the parties set out below for the purposes set out in this policy:
- a. Other members of our group with your permission for the purpose of prospective matrimonial alliance (either verbal or in writing);
- b. Our professional advisors such as lawyers, etc.;
- c. Provide data storage, maintenance services, database management,web analytics and payment processing;
- d. Third parties to whom we may choose to sell, transfer, or merge partsof our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Policy. We may also disclose your personal information as required by law, such as to comply with a subpoena, or a similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, and to any other third party with your prior consent to do so, unless notification is prohibited by the applicable law.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
6. How long do we retain information?
We will store your personal information, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the personal information is processed.
We may use your personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements and rights, or if it isnot technically and reasonably feasible to remove it. In any other case, we will seek to delete your personal information within a reasonable timeframe upon request.
7. Contact Us
If you have any questions regarding our policy or privacy practices, please contact us by email: info@indianmatrimonial.com.au
8. Changes to this Policy
We may update this policy to reflect changes to our information practices. If we make any material changes we will notify you by means of a notice on our site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.