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TERMS AND CONDITIONS
Date: Sunday(2017-06-25), Time: 10:39 AM

Welcome to www.bharatmatrimony.com (BM) an platform to enable any user to register on it for seeking prospective lawful matrimonial alliances.  www.bharatmatrimony.com is a website owned 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 and business operation in USA and other overseas markets which comprise the NRI Business is licensed to Consim USA Inc., a New Jersey Corporation at 220, Davidsons Avenue, Suite 315, Somerset, New Jersey, USA." This is a legal agreement ( "Agreement") between you and Consim USA Inc. ( CONSIM), a New Jersey Corporation at 220, Davidson Avenue , Suite 315, Somerset , New Jersey USA

By accessing this web site, currently located at www.bharatmatrimony.com (CONSIM/BM"Site"), and using any of the CONSIM Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services

Please read the following terms and conditions very carefully as your use of the Website and associated CONSIM 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/ member subscribe to or use the web Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or the CONSIM Services.

Scope

www. Bharat Matrimony.com (CONSIM /BM )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 CONSIM's already registered users, for seeking prospective lawful matrimonial/ marriage alliances for themselves.

The profiles in the database of BM are classified broadly on the basis of language and region for the ease and convenience of its member / customer.

CONSIM Members are provided with free/paid access for searching profiles from the database of BM, as per the marriage partner preference set by you(on the Website) and you shortlist the prospective alliances for marriage.

CONSIM Membership is guided by the terms and conditions mentioned herein below. By using or accessing the CONSIM Services, you agree to be bound by all the terms and conditions :

1. Eligibility :

A) CONSIM Membership and rights of admission is reserved solely for :

I. Persons of Indian Origin (PIO).

II. Non Resident Indians (NRI).

III. Persons of Indian Descent or Indian Heritage

IV. Persons who intend to marry persons of Indian Origin.

B) Further in capacity as CONSIM 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 by stating "Awaiting Divorce"), and

III. Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.

IV. Representing and warranting that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. However, CONSIM may conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. You hereby authorize such check.

V. Representing that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited.

2. Registration

A. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal informations to CONSIM/BM. 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/ applications) 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 CONSIM/BM. In order to serve you better if CONSIM requires additional details you agree to provide it. CONSIM/BM shall reproduce the registered member details on "as is as available" basis to other registered members, and CONSIM/BM members shall be solely liable for the information given by such CONSIM/BM 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. 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.

If at any point of time CONSIM/BM 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 CONSIM/BM shall have full right to suspend or terminate (without any notice) your CONSIM/BM membership and forfeit any amount paid by you towards CONSIM/BM membership fee and refuse to provide CONSIM/BM service to you thereafter.

B. CONSIM Membership is restricted strictly to the registered CONSIM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of CONSIM and nor use the CONSIM Service or CONSIM members data for any commercial purpose, and CONSIM reserves its right to initiate appropriate legal action for breach of these obligation.

3. Role and Responsibility of CONSIM

a) CONSIM 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. You agree that the system generated search results of CONSIM are only of the profiles registered members on Website.

b) CONSIM automated system offers match making profiles between its registered members based on the partner preference set by each such CONSIM member.

c) The search conducted by any CONSIM member and the results thereof are automatically generated, and based on the partner preference set by you. In the event CONSIM member changes their partner preference on the Website, then the automated system generated prospect results of the Website may also undergo corresponding change.

d) CONSIM cannot guarantee or assume responsibility for any specific results from the use of the data available from the CONSIM service

e) CONSIM members agrees and understands that CONSIM may also allow third parties to provide CONSIM members services on the website like horoscope matching etc., and CONSIM may also collect the payment for such third party services to you.

f) CONSIM shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques.

g) CONSIM 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 CONSIM servers

4. Role and Responsibility of CONSIM Member

a. CONSIM 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. CONSIM shall not be liable for short coming due to any misrepresentations made by any of its CONSIM members.

b. CONSIM 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.

c. To get better search results, CONSIM 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.

d. CONSIM 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 CONSIM shall retain their right under clause 2 (b) of this terms and conditions.

5. CONSIM 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.

6. CONSIM Members are expected to be cautious of prospects who 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.
7. CONSIM members agrees that for getting effective search results of prospects on Website, you will regularly log in to the profile maintained in the Website and send expression of interest which is an automated messages to prospects as a free CONSIM member, and in the event you have availed paid CONSIM package, you can send personalized messages to prospects to show your expression of interest/replies. CONSIM member also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably.
8. You also agree that while accessing / using the Website, you will be guided by the terms and conditions of the Website including but not limited to the use of feature of website 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.
9. CONSIM member shall not assign or transfer your CONSIM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and CONSIM shall retain their right under clause 2 (b) of this terms and conditions.
10. If the CONSIM Member fails to inform CONSIM about any chage in the particulars furnished by CONSIM member to other CONSIM member, then the CONSIM membership may be suspended by CONSIM at its sole discretion
11. CONSIM Members agree to use secure devices, software and networks for accessing the CONSIM services.
12. CONSIM Members shall not probe, scan or test the vulnerabilities of the CONSIM Website or any network connected to the Website nor breach the security measures instituted by CONSIM.
13. CONSIM Member is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website that

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) 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) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(i) is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;

(j) contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first; contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

(k) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

(l) intended to defraud, swindle or deceive other users of the Services;

(m) contains viruses, time bombs, trojan horses, bots, worms or other harmful, or disruptive codes, components or devices;

(n) promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

(o) disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

(p) is irrelevant, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;

(q) solicits gambling or engages in any gambling or similar activity;

(r) uses the Site or Services for chain letter, junk mail or spam e-mails;

14. Medium of Communication to CONSIM Members

a. CONSIM member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls.

b. CONSIM may contact the CONSIM member through any of the above media to share the profile of the prospect by way of internal messages / links. CONSIM member confirms that the mobile number submitted to it for verification or alternative number if any provided,

c. You are also entitled to set up your communications frequency from CONSIM, like - only on weekends or fortnightly etc. You may also opt for not getting any call from CONSIM by ticking the appropriate box in the Website, provided that, you agree to receive calls from Relationship Manager of Assisted Service/ Elite Matrimony for contacting you as a shortlisted profile for their registered members.

15. Confidentiality

a. CONSIM 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 CONSIM members and CONSIM may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, CONSIM/CONSIM member may divulge such information if required by law.

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

c. You agree that CONSIM 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 CONSIM or its consortium of websites and may also send you communication in this regard.

16. Privacy of Membership

a. CONSIM has taken reasonable steps to protect the CONSIM 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.

b. 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 CONSIM and that CONSIM will have no liability for any such act. CONSIM member understand and agree that CONSIM will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

c. You also agree to keep your username and password confidential, to avoid any misuse of your profile at our Website.

d. Please read and comprehend our Privacy Policy, which also governs your visit to CONSIM, to understand our practices. CONSIM members agree that their profile(s) may be crawled and indexed by search engines, where CONSIM and its network does not have any control over the search engines behavior and CONSIM shall not be responsible for such activities of other search engines/third party websites.

e. You agree that, when you use third party services through Website, you hereby grant CONSIM 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 CONSIM/its payment gateway and/or such third party service providers.

17. Content Right

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

b. 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 at the time of the creation of the profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by 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 CONSIM/BM you hereby grant CONSIM/BM 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 BM'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. CONSIM/BM also reserves the right to block the registration of your profile on website, 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 BM members in their profile.

c. While CONSIM/BM 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 CONSIM/BM 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 CONSIM/ BM may at its sole discretion put restriction on any CONSIM/BM member to other member’s communications.

d. CONSIM/BM 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 CONSIM/BM also reserves its right to initiate appropriate legal action against such individual/organization, as and when BM get the knowledge of the same.

e. CONSIM 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.

f. 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.

18. Communication for violation of the terms.

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 to

Consim USA Inc.,
220, Davidson Avenue,
Suite 315, Somerset New Jersey
USA.

19. Disputes between Members

a. You and the prospect are both registered CONSIM members and are bound by these terms and condition. We request you to follow the guidelines of safe matrimony see URL https://www.bharatmatrimony.com and give truthful information about yourself on the website to avoid dispute between you and the prospect.

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

c. CONSIM Member’s are solely responsible for the communications (through any medium) with prospect or vice versa. CONSIM expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any CONSIM members inter se via e-mail, chat, interaction or any other medium of communication between CONSIM members either using website or otherwise.

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

20. Third Party website

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

b) The CONSIM members agrees and understands that CONSIM may also allow third parties to provide CONSIM members services on the website like horoscope matching etc., and CONSIM may also collect the payment for such third party services to you, and CONSIM in this regard can have revenue sharing arrangement with the such third party, however in no event shall CONSIM be liable to you for such third party services.

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

21. Limitation of liability

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

b) In no event , CONSIM, its licensor or service providers ,business partners will be liable to you or to any third party for any indirect, reliance , consequential, exemplary, incidental, special or punitive damages including without limitation , damages for loss or corruption of data or programs, service interruptions even if CONSIM or its licensors has been advised of the possibility of damages.

c) Notwithstanding anything to the contrary contained herein CONSIM 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 CONSIM for the service during the term of membership.

22. Class Action Suits

You and CONSIM acknowledges that neither of us will bring or participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor CONSIM agrees to class arbitration.

23. Payment

All payments to CONSIM shall be by way of Cash/Cheque/Credit/Debit Cards

24. Renewal

A. All CONSIM subscription will be subject to automatic renewal and if you do not wish to renew your account automatically ,you have to follow the direction so as to not to renew your account.

B. You also authorize CONSIM to charge you for any sales or similar taxes that may be imposed on your subscription.

25. Indemnity

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

26. Termination

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

b. Upon termination / suspension of CONSIM membership, your right to use or access the BM Website/ CONSIM /BM 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 CONSIM/ BM Services shall not relieve you of any obligations arising or accruing prior to such termination.

27. Jurisdiction

The laws in the State of New Jersey , USA will be applicable .

28. Arbitration

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 an Court. The arbitrator disputes will be according to the rules of American Arbitration Association ( AAA) in accordance with its Commercial Arbitration Rules.

Enforcement : Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.

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.

Date: Sunday(2017-06-25), Time: 10:39 AM
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