Terms and Conditions Governing Membership
[Subject to revision by Abhinav Vivah from time to time]
DEAR USER:
PLEASE READ THESE TERMS AND CONDITIONS BEFORE REGISTRATION.
1. Governing Act:
1.1) This document of Terms and Conditions is an electronic record in the terms of the Information Technology Act, 2010, and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2010. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2) This document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of www.abhinavvivah.com website.
2. Third Party / intermediately:
2.1) The customer hereby acknowledges and accepts that www.abhinavvivah.com is only a website and which is providing the information uploaded by the other users on it.
2.2) The customer hereby acknowledges and accepts that Abhinav and its website are only intermediary and act as a platform to enable any user to themselves register on it (by filling in the mandatory fields and optional fields, if any) to voluntarily search for profiles from the database of already registered users of Abhinav, for seeking prospective lawful matrimonial alliances either for self or for the daughter of customer or son of the customer, etc. The registered office of Abhinav along with its various franchisees/branches also may help the customer to create your profile, however, for the same, the customer is aware that he/she needs to provide the correct and true information including your operational and valid phone number and e-mail address, etc.
3. General Conditions:
3.1) The customer agrees and acknowledges that his intention is to seek prospective lawful matrimonial alliances for him/her.
3.2) The customer must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before the customer may become a member of Abhinav. The customer agrees and acknowledges that when he becomes a member of Abhinav, the period of membership shall be of one year only unless he chooses to renew his membership for another one year and so on.
3.3) By using and or accessing the services of Abhinav and the website, the customer has agreed to be bound by all the terms and conditions.
3.4) The customer must provide his/her full legal name along with ID (Identity) proof, current address, address proof, income proof, education proof, a valid email address, valid mobile phone number, and all such other information and documents needed to complete the signup process at the time of registration.
3.5)The customer hereby acknowledges and accepts that Abhinav will use the email address and mobile phone number provided by him/her as the primary method of communication.
3.6) The customer is responsible for keeping the password secure. Abhinav cannot and will not be liable for any loss or damage for his/ her failure to maintain the security of the account and password.
3.7) The customer shall not transmit any worms or spam or viruses or any code of a destructive nature.
3.8) The customer shall not use the services provided by Abhinav for any illegal or unauthorized purpose nor shall he/she, in the use of the Service, violate any laws in your jurisdiction.
3.9)Any person who disagrees, with any of the terms and conditions mentioned herein, shall not access and use this website.
3.10) The customer agrees and acknowledges that he is aware of the policy of Abhinav that multiple profiles of the same person are on the website. Abhinav reserves its rights to deactivate/block such additional profiles without any notice and refund of fees.
3.11) The customer shall not use the website to promote other matrimonial services, websites, matrimonial apps, matrimonial companies, etc.
3.12) The customer agrees and acknowledges that the website shall be used only for non-commercial use.
3.13)The customer agrees and acknowledges that Abhinav primarily caters to a community of Maharashtrian origin and also to those communities that are residing in Maharashtra and can speak Marathi fluently.
4. Security Policy
4.1) The security of the personal information of customers is important to Abhinav
4.2) To secure the bank details of the customer, Abhinav is providing the best possible third-party payment gateway on the website. The customer must go through the terms and conditions of the payment gateway, in case of any doubts.
4.3) Abhinav has reasonable processes and systems in place to maintain the confidentiality of all personal information other than those meant for sharing with prospects furnished by customers.
4.4)However, any feedback provided by the customer to Abhinav shall be deemed to be non-confidential. The customer acknowledges and accepts that Abhinav shall be free to use such feedback without any restriction. Further, by submitting feedback, the customer also acknowledges and accepts that it does not contain any confidential information of yourself and or any third party/ies. Therefore, the customer acknowledges and accepts that he/she is not entitled to claim any compensation or damages or reimbursement, etc. of any kind from Abhinav for the feedback.
4.5) The customer acknowledges and accepts that Abhinav has all the rights to process the information provided by the customer through the automated process so that Abhinav will be in a position to provide suitable matches to the profile of the customer from the database of Abhinav and Abhinav may also send communication to the customer in this regard.
4.6) Please read and comprehend the privacy policy of Abhinav, which also governs the visit of the customer to the website, to understand our practices.
5. Content Policy
5.1) Abhinav does not warrant that any information, documents, etc. uploaded by other customers on the website will meet your expectations. The primary work of Abhinav is to work as an ‘intermediary’ between its customers and provide a platform to find prospective lawful alliances. The website provides only a platform and contains various profiles containing the information provided and uploaded by the customer themselves.
6. Payment of Fees and Mode of payment
6.1) The payment made by debit card/credit card / NEFT / Net banking etc. would be by the prevailing RBI guidelines.
6.2) However, the said payment made to the ‘intermediary’ Abhinav is only to access the profiles which are uploaded by other users on the website.
6.3) For the convenience of the customer, the facility of third-party payment gateway is provided on the website so that the customer can pay online for the intermediary services of Abhinav.
6.4) Activation of services of Abhinav is subject to the realization of the payment.
6.5) The membership payment once paid by the subscriber is not refundable.
7. Information uploaded by customers
7.1) Member shall provide ID proof at the time of registration. If this document is not provided then members will not be allowed to access Abhinav features available on the website as well as the app. This is a mandatory term and condition.
7.2) Providing the following documents at the time of registration Address proof, income details, education details, and a valid mobile number, etc. shall be provided by the member at the time of registration in any case. This is a mandatory term and condition. If the documents are not provided, Abhinav reserves its right to block/permanently delete that profile immediately without any refund or notice.
7.3) In no case, the customer shall hold Abhinav responsible, for the information uploaded by other customers.
7.4) The customer shall complete the procedure of registration with complete honesty and fairness.
7.5) The customer acknowledges and accepts that Abhinav is providing the services for helping its members to find their life partner through the process of automated searching, shortlisting, and contacting prospects among the registered members of Abhinav.
7.6) The customer acknowledges and accepts that only after the customer registers himself on the website after making payment of the membership fees, he will become a member of Abhinav.
7.7) The customer acknowledges and accepts that at the time of registering himself/herself on Abhinav, he/she must select/choose the various options given under various heads as applicable to him/her. The customer further acknowledges and accepts that the said information so selected/chosen by him/her must be completely true and correct. The customer further acknowledges and accepts that, as per the said information selected/chosen by the customer under various heads, the particular membership package will be applied to his/her profile.
7.8) The customer acknowledges and accepts that, after the said registration, if the customer chooses to change the information which has been previously selected by the customer under any of the heads, the membership charges can vary. The customer acknowledges and accepts that, in that case of such change, if the membership charges stand increased, then the customer shall immediately have to make the payment of the difference amount to Abhinav. However, if the membership charges stand decreased then Abhinav shall be duty-bound to refund the difference amount to the customer.
7.9) The website is only to provide the interface to the registered members so that they can search for their life partners without any help from third parties.
7.10) The customer agrees and acknowledges that the system-generated search results are only of the profiles of registered members of Abhinav.
7.11) The customer agrees and acknowledges that automated system-generated results of matches are based on the partner preference set by each such member of Abhinav in comparison with the profile of the customer.
7.12) The customer agrees and acknowledges that Abhinav cannot guarantee or assume any responsibility for any specific results from the use of data available from the services of Abhinav or from the consortium of website.
7.13) The customer agrees and acknowledges that Abhinav may allow third parties to provide services like ‘kundali’, horoscope, etc. However, the customer agrees and acknowledges that in no case, Abhinav shall be held responsible for the services provided by the third parties. Abhinav may also collect payment for such third-party services from the customer on behalf of the third parties.
8. Responsibility of the customer
8.1) The customer shall keep their username and password safe and shall not share the same with any third persons.
8.2) In case of any modification in the profile of the customer, the automated system-generated results may also change, due to the same.
8.3) The customers shall take due care and precaution while relying on the information provided by the members of Abhinav and before shortlisting the liked profiles. The customer shall satisfy himself through due diligence, and adequate efforts before making a choice of match.
8.4) The customer agrees and acknowledges that in no case, Abhinav shall be held responsible for any misrepresentation made by its other members.
8.5) The customer agrees and acknowledges that Abhinav has not done any verification before uploading the information provided by its other members and the customer is expected to verify the contents and credentials of the prospects like family background, annual income, degree, educational background, character, occupation, health status, marital status, location, etc.
8.6) The customer agrees and acknowledges that they shall provide their latest photograph for better results. The customer agrees and acknowledges that photographs of third parties shall not be uploaded in any case.
8.7) The customer agrees and acknowledges that the purpose of registration with Abhinav is to find matrimonial prospects only and nothing else.
8.8) The customer agrees and acknowledges that every member after marriage is fixed, shall inform about the same to Abhinav by way of visiting Abhinav’s office personally or by sending a letter or email.
8.9) The customer agrees and acknowledges that the profile of the member will be deleted after the marriage of that member is fixed.
8.10) The customer agrees and acknowledges that the member shall try to find a marriage proposal for the registered member only and not for any third person. In case any discrepancy is found, Abhinav shall take any action including terminating the membership of such member, with immediate effect.
9. Featured advertisements
9.1) Abhinav may offer a service known as "Featured Ads" where other service providers etc. may pay a non-refundable fee to have their ads posted in selected locations on the website, thus potentially increasing an ads' visibility.
9.2) However, Abhinav shall not be held liable for any of the featured ads’, uploaded by other service providers, etc., that do not satisfy the expectations of the customer. Website featuring any advertisement shall in no case imply that it is guaranteeing the quality of its product /s or service/s and or that Abhinav is in support of the said advertisements.
10. Intellectual Property Rights
10.1) Abhinav is the owner of the Intellectual property rights other than the content which is uploaded and posted by the customer himself. Therefore, Abhinav shall take necessary legal action, in case of any infringement of the same.
10.2) The customer, hereby agrees, not to get engaged in any of the activities that would commit an infringement of the Intellectual Property Rights owned and possessed by Abhinav.
11. Communication with members
11.1) The customer agrees and acknowledges that Abhinav shall use the e-mail address, phone number, etc. provided by the customer as a medium of communication with the customer.
11.2) The customer agrees and acknowledges that Abhinav may by way of e-mail, voice call, recorded call, SMS, etc. provide information of additional/new services, other activities of Abhinav, etc. The customer agrees and acknowledges that the mobile number provided by the customer is not registered with the do not disturb category.
11.3) The customer agrees and acknowledges that immediately after registering with Abhinav, he has given his consent to such e-mails, voice calls, recorded calls, SMS, etc. stated hereinabove, and in case of such communication by Abhinav, the customer shall not make any complaint to any authority. Such voice calls, recorded calls, emails, SMS, etc. shall not be treated as promotional calls, etc.
12. About chat
12.1) In no case the customer shall hold Abhinav responsible for the information provided, Language used by any prospect with the customer.
12.2) The customer acknowledges and accepts that Abhinav has no control over the information provided, or language used by any prospect with the customer.
12.3) The language used in the profile, chats, etc Use of Improper, derogatory, offensive language is completely prohibited. In case, Abhinav finds that the member is using/ has used/had used such derogatory, improper, and or offensive language, in the profile description and or chat and or anywhere on the Abhinav portal/website, Abhinav is having the power to block/permanently delete that profile immediately without any refund without any notice.
13. Legally separated/ Divorced/ Awaiting Divorce
Abhinav has added the herein mentioned three new categories for customers looking for re-marriage. The following terms and conditions are applicable to the customers looking for re-marriage only, along with other terms and conditions. However, these terms and conditions shall, in no case, apply to customers looking for their first marriage.
13.1) Legally separated
i. Customer agrees and acknowledges that the customer who has applied under this head shall provide a certified copy of the court order of separation to Abhinav.
ii. Customer agrees and acknowledges that in no case Abhinav shall be held responsible for the authenticity of such order.
iii. Customer agrees and acknowledges that it is the responsibility of the customer to check the authenticity of the said certified order provided by the prospect.
13.2) Divorced
i. Customer agrees and acknowledges that the customer shall provide a valid certified copy of the Decree of Divorce & Judgement issued to him/her by an appropriate court.
ii. Customer agrees and acknowledges that in no case Abhinav shall be held responsible for the authenticity of the Decree of Divorce.
iii. Customer agrees and acknowledges that it is the responsibility of the customer to check the authenticity of the said certified Decree of Divorce.
13.3) Awaiting Divorce
i. Customer agrees and acknowledges that the customer applying under this head shall provide the certified copy of the petition (Exhibit 1) and certified copy of the list of documents (Exhibit 3) passed by the Hon’ble court.
ii. Customer agrees and acknowledges that in no case Abhinav shall be held responsible for the authenticity of the certified copy of the petition (Exhibit 1) and certified copy of the list of documents (Exhibit 3).
iii. Customer agrees and acknowledges that it is the responsibility of the customer to check the authenticity of the said certified copy of the petitioner (Exhibit 1) and certified copy of the list of documents (Exhibit 3) provided by the prospect.
14. Indemnify
The customer agrees to defend, indemnify and hold harmless Abhinav, its officers, assigns and employees, from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i. use of the customer and access to the website and/or the Services; and or
ii. violation of any of the above-mentioned term/s by the customer; and or
iii. violation of any third-party right, including the privacy right of the customer; This clause will survive termination, modification, or expiration of these Terms and conditions which means that the said violation shall not relieve the customer of the obligations arising or accruing prior to such violation.
15. Ability to accept these terms and Conditions
15.1) The customer using the website should abide by the membership eligibility criteria, that of being above 18 years of age if the customer is a woman and 21 years of age if the customer is a man.
15.2) The customer shall be of sound mind.
15.3) The customer shall be eligible to enter into a valid contract.
15.4) In case, the customer is in violation of this term and condition, Abhinav shall not be held responsible in any case.
16. Rights of Admission
16.1) The customer using the website should abide by the membership eligibility criteria, that of being above 18 years of age if the customer is a woman and 21 years of age if the customer is a man.
16.2) The customer shall be legally competent to marry as per the law applicable to the customer.
16.3) The customer agrees and acknowledges that he is not prohibited, prevented by any law, applicable for the time being in force, from entering into a valid marriage.
16.4) The customer shall not use any images or information provided on the site for any recreational or pornographic purposes or repost any advertisement of this particular site to any other mediums claiming it as their own and utilize its benefits.
17. Indian Currency
17.1) For the online payment options, kindly read the terms and conditions of our payment gateway.
18. Renewal Policy
18.1) The customer agrees and acknowledges that 15 days prior to the expiry of the period of membership, the renewal option is kept open.
18.2) The customer agrees and acknowledges that if the membership is renewed, after the period of 15 days from the date of expiry of the membership, it may be treated as new membership.
18.3) The customer agrees and acknowledges that during the period of membership, the customer cannot keep the said membership on hold in any event or circumstance.
19. Dispute between Members
19.1) The customer agrees and acknowledges that he/ she, in no case, shall hold Abhinav responsible, for any dispute that has arisen, with other member/s.
19.2) The customer agrees and acknowledges that he is solely responsible for the acts and communications, done by him on the website.
19.3) The customer agrees and acknowledges that Abhinav and the website are not acting as a broker of any of the customers (prospect, match, etc.)
19.4) Customer agrees and acknowledges that he does not want that Abhinav has any obligation to monitor such disputes. The customer also agrees and acknowledges that Abhinav shall not be made a party in case of such disputes.
19.5) Abhinav has no obligation of whatsoever nature, to monitor such disputes and Abhinav shall not be added as a party to the same.
20. Jurisdiction and applicable law
20.1) The customer registered with Abhinav and availing any of the services of Abhinav including the website is deemed to have entered within the territorial jurisdiction of Pune, Maharashtra, India only.
20.2) The customer acknowledges and accepts unconditionally that in case of any dispute, or differences, they shall be governed by the laws of the Republic of India and shall have exclusive jurisdiction of the appropriate court of law in Pune, Maharashtra, India only.
21. Content Rights
21.1) The customer agrees and acknowledges that abhinavvivah.com is a domain registered in the name of Mr. Shridhar Shriram Rode. The customer agrees and accepts that the content appearing on the website, excluding content provided by customers and advertisements, belongs to Abhinav.
21.2) The customer agrees and acknowledges that the customer is responsible for the content (options and mandatory) provided by him / appearing on the website in his profile including all the posts and communication with other customers. The customer agrees and acknowledges that he alone is the owner of all the content appearing on his profile on the website.
21.3) However, the customer also agrees and acknowledges that he has given a license to Abhinav to use such content, by submitting such content on the website, to use the same anywhere worldwide. The customer also agrees and acknowledges that such a worldwide license, given to Abhinav is royalty-free and transferable to any other licensee. The customer also agrees and acknowledges that Abhinav shall be free to publish, display, advertise such content anywhere, make a public display of the same, distribute the same, etc. The customer also agrees and accepts that Abhinav, if needed shall provide such content to law enforcing agencies, produce it before a court of law, etc.
21.4) Abhinav reserves its rights to initiate appropriate legal proceeding against the customer for infringement of the proprietary rights of Abhinav. In case, proprietary information of the Abhinav is copied, modified, transmitted, published, distributed, used, etc. in any manner whatsoever nature, by the customer, and or used the same for commercial purposes of any nature, in such case, Abhinav reserves its rights to take appropriate legal action against such customer.
21.5) The customer also agrees that the content provided by the customer, if required, shall be deleted by Abhinav, without any notice which might be offensive, harmful, illegal, defamatory, obscene, or against public policy.
22. Breach
22) The customer agrees and acknowledges that Abhinav suo moto and or if, Abhinav receives any complaint from other customers that the customer is using the profile for the purposes other than for finding prospective lawful matrimonial alliance like physical favor, financial help, any type of personal relationship other than marriage, or that the information provided on the profile of the customer is not true, fake, false or that the information of the customer is misrepresenting, in such case Abhinav has all the rights to terminate your membership and deactivate the account/ profile, without any notice to the customer and in such case, the provisions stated in clause no. 25 ‘termination’ shall apply to the customer.
23. Customer care
23.1) If you have any doubts, queries, or complaints regarding our services, packages, etc. kindly feel free to call us at the following Phone number/s:
Grievance Officer:
Shridhar Shriram Rode
9168113311
Office: B105, Pebbles Urbania, Siddharth Nagar, Bavdhan BK, Pune, Maharashtra, 411021
You can call from 10.30am to 7pm on any day of the week except Sunday.
You can place your doubt, query, etc. by sending us an e-mail at info@abhinavvivah.com
24. Limited liability
24.1) The customer agrees and acknowledges that Abhinav is a third party and in case of the exchange of profiles through Abhinav and or by Abhinav shall not, in any case, be held as matrimonial offer advice and or recommendation and or suggestion and or any kind of guarantee to the customer by Abhinav.
24.2) In no case, Abhinav, its director/s, any of the officer bearers, staff, employees, Power of Attorneys, authorized representatives, etc. shall be held responsible for any direct, indirect, incidental, and or consequential damage resulting from the use of the website, services provided by Abhinav.
24.3) In no case, the liability of Abhinav shall be held as more than the amount paid by the customer to Abhinav for the membership.
24.4) The customer agrees and acknowledges that Abhinav shall not be held responsible in case of a wrong match or case, the couple gets divorced after marriage, etc.
24.5) The customer agrees and acknowledges that the employees, office bearers, staff, etc. of Abhinav shall not be held responsible if a staff member/s approaches another member/s with the proposal of marriage and the other member/s does not respond back.
24.6) The customer agrees and acknowledges that the employees, office bearers, staff, etc. of Abhinav shall not be held responsible, the customer enters into an agreement with other member/s of Abhinav.
25. Verification
25.1) The customer agrees and acknowledges that Abhinav may provide a ‘verification tick’ on the profile after comparing the documents provided by the customer to Abhinav with the information provided by the customer in his profile appearing.
25.2) The customer agrees and acknowledges that the said verification is only limited to the documents provided by the customer. The customer agrees and acknowledges that the said verification will not extend to the information of which no documentation is provided by the customer.
25.3) The customer agrees and acknowledges that Abhinav has accepted the documents provided by the customer. In no case, Abhinav shall be held responsible if the said documents, provided by the customer are forged, false, incorrect, tampered, etc.
25.4) The customer agrees and acknowledges that it is not the responsibility of Abhinav to investigate and or check the validity of such documents provided by the customer
25.5) The customer agrees and acknowledges that the ‘verification tick’ is in no way any kind of guarantee or surety etc. by Abhinav.
25.6) The customer agrees and acknowledges his / her responsibility to cross-check the validity of the documents with the information provided by the other member, even if such member is having ‘verified tick’ in front of his profile. Documents shall not be provided to any other person by Abhinav.
26. Event / Melawas
The customer agrees and acknowledges that Abhinav conducts various events/Melawas for its customers. The said Melawas are conducted by Abhinav regularly. Abhinav intimates its customers about the same through e-mail notifications etc. Abhinav also provides registration forms for the said events/Melawas. These registration forms are provided by Abhinav by way of online as well as offline forms.
26.1) The customer agrees and acknowledges that he /she shall read all criteria such as Age, Marital Status, Caste, Who can participate, etc. before registering for any event/Melawa Conducted by Abhinav.
26.2) The customer agrees and acknowledges that once he /she Registers for the said event/ Melawa conducted by Abhinav by making payment for the same, he/she shall not be refunded the said amount.
26.3) The customer agrees and acknowledges that the registration is non-transferable, i.e. no other person shall use the said registration entry made by the customer and only the customer shall use the same.
26.4) The customer agrees and acknowledges that he /she shall reach 15 mins before the scheduled program at the Venue Scheduled/Fixed by Abhinav for the same.
26.5) The customer agrees and acknowledges that he /she shall carry a valid ID proof along with him/her while attending the event/Melawa conducted by Abhinav.
26.6) The customer agrees and acknowledges that he/she shall be notified by e-mail/s in case of any more terms and conditions, in addition to this, are to be informed.
27. Termination
27.1) The customer agrees and acknowledges that Abhinav has every right to terminate his / her membership, in case of failure on the part of the customer, to follow any of the terms and conditions, without any notice and without furnishing any reason and in case of termination, the customer agrees and acknowledges that all the amount paid by him/her to Abhinav shall be forfeited.
27.2) The customer agrees and acknowledges that in case of termination, the right to use the services of Abhinav including the website shall be ceased immediately.
27.3) This clause will survive termination, modification, or expiration of these Terms and conditions which means that the said termination shall not relieve the customer of the obligations arising or accruing prior to such termination.
28. Right to modify terms and conditions
28.1) Abhinav reserves the right to modify the terms and conditions, at any time without any notice, so please review it frequently. If we make material changes to this policy, we will notify you here only.
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