Matchus.com (the “Site”) (including all associated media and online or electronic documentation) (“the Application”), are owned and operated by MatchUs India (“Proprietorship”).
The proprietorship makes available its services and products to you, through the Site on the condition that you abide by these Terms and Conditions, as updated from time to time. If you do not accept the Terms and Conditions or you do not meet or comply with their provisions, you should not use or access the Site and/or avail of the proprietorship’s services or products via the Site.
The Site is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. Visitors to the Site are granted a nonexclusive, limited license to use and access the content and services offered in accordance with these Terms and Conditions (the "License").
A Visitor to the Site, whether or not he/she has made any payment for availing access and/or services on the Site, including the general browsers of the Site, whether registered or not, are hereinafter referred to as “User/Users”.
BY THE POSITIVE ACTS OF A USER ACCESSING THE Site, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (“Terms”). IF A USER DOES NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, HE/SHE SHOULD NOT ACCESS OR USE THE Site.
1. The Site is owned and operated by Matchus India (hereinafter referred to as ”proprietorship”), which term shall, for the purposes hereof, be deemed to include its subsidiaries, affiliates, directors, executives, officers, employees, agents, attorneys, accountants and any person vested with any responsibility for any task relating to the affairs of the proprietorship), with its registered office currently located at GF H-146, Sushant Arcade, Gurgaon - 122001.
2. The Site is intended only to serve as a preliminary medium of contact and information for Users who have a bona fide intention to find out their matching compatibility based on birth details entered by them (“Purpose”).
3. Proprietorship under no circumstances shall be responsible for any loss or damage resulting from anyone's use of the Site or the services offered on the Site and / or any content posted on the Site or transmitted to Users. The provision of matching score should not be construed as a recommendation from or by the proprietorship to enter into any personal alliance for persons whose horoscopes are matched. proprietorship shall not be responsible for any loss or damage to any individual arising in/out of, or subsequent to relations established pursuant to use of the service provided by proprietorship.
4. proprietorship collects information / data including, without limitation, e-mail id, first name, last name, telephone/mobile number, date of birth, time of birth, place of birth, gender, general geographical location (“User Data”) from Users in order to enable them to on the Site. The User Data so collected is entered in a program especially devised for matching profiles and to provide matches for Users based on proprietory algorithm to match horoscopes. User Data is displayed only after taking prior consent of Users. proprietorship does not collect financial information of Users such as credit card/debit card numbers/bank accounts numbers etc. proprietorship shall not be able to provide access to the Site and/or create profiles of Users if the requisite User Data is not provided by the Users. User hereby consents to usage of his/her User Data to be displayed to other Users on the Site.
Users hereby give us permission to use the information about their activities and actions that they have taken on the Site in connection with ads, offers and other sponsored content that the proprietorship displays on the Site, without charging any fees to the Users. The proprietorship uses data and information about Users to make relevant suggestions and recommendation to its Users.
5. The User Data is uploaded by the Users themselves on the Site. proprietorship may, at its sole discretion, include all or any portion of the listing intimated by a User for display on the Site in any other media including the matrimonial sections of other Sites including but not limited to print media, community associations, websites, television shows, DTH/IPTV Services, mobile wap sites etc. at no extra costs to the Users and proprietorship shall not be held liable for usage/publicity of such information / data.
6. Users undertake not to duplicate, download publish, modify and distribute material on the Site unless specifically authorized by the proprietorship in writing. Users undertake not to establish any deep link or other connection to any specific page of the Site without obtaining prior written consent of the proprietorship.
7. Users undertake to use the Site for their personal purposes. Using content from the Site for creating derivative works with a commercial motive without prior written consent from the proprietorship is strictly prohibited.
8.The proprietorship takes measures including technological means on the Site to exclude robots, scripts, programs etc. from crawling or scraping content on the Site. Users undertake not to circumvent these methods.
9. Any advice, counseling, recommendations or information provided on the Site including information of Users may not be necessarily correct, true or reliable, and that any reliance placed thereon and any action taken on the basis thereof shall be entirely / solely at the risk of the concerned User. Users hereby agree that access to the content available on the Site is provided by proprietorship to Users on an ‘AS-IS’ and ‘AS-AVAILABLE’ basis.
10. Users of the Site are prohibited from uploading, posting, transmitting, updating or sharing any information that:
a) violates any law for the time being in force
b) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site .
proprietorship may, without notice in its sole discretion, and at any time, terminate or restrict a User’s usage or access to the Site (or any part thereof) and/or take down any content uploaded by a User for any reason, including, without limitation, that proprietorship based on its judgement and perception believes the a User has violated or acted inconsistently with the letter or spirit of these Terms.
11. proprietorship is an online service provider for Users to create their own/unique profiles envisaging certain personal (optional) information(s) and User Data are to be displayed on the Site, which information is used by Users for the Purpose. proprietorship does not share User Data with other Users or third parties with the prior consent of the User. Although proprietorship shall take all reasonable precautions, proprietorship shall not be responsible in case such User Data so displayed on the Site being unauthorisedly copied / printed / published / forged / superimposed / manipulated etc. or misused by any User. Users shall indemnify proprietorship from all kind of losses / damages which proprietorship may suffer from any activities carried out by them through improper use of the Site/service provided by proprietorship.
12. By using the services of this site the concerned User, shall be deemed to have agreed to hold proprietorship harmless and protected against any suit or complaint, civil, pecuniary or criminal, and against any claims or damages (including, without limitation, interests, fines and penalties) which may be brought against or levied on proprietorship on account of any matter arising out of, or relating to, such posting / listing or response received from such posting/listing.
13. proprietorship reserves the right to remove / delete any content / profile or cancel the registration / membership of a User either upon a complaint received from another User or upon discovery of the same on its own or based on its sole judgment and perception and it shall without notice stop providing the service entitled to a User and forfeit all other incidental service(s) with immediate effect along with the fee/tenure of registration as well as take appropriate legal action against such User. By listing a profile on the Site, it is deemed that the said User agrees not to use the site for any commercial purposes; or interfere with or disrupt the operation of this site, or disobey any reasonable requirements, procedures or policies imposed by proprietorship from time to time.
14. Nothing comprised in the contents of the Site is intended or meant to induce or persuade or convince or invite any person whatsoever to perform any action or do any such thing, or not to perform or do, where such performance or doing, or non-performance or not doing, constitute any contravention of any law or regulation in force for the time being to which such person or action may be governed.
15. Websites to which links are given on the Site and the contents thereof are the sole responsibility of the promoters of such websites and proprietorship does not, in any manner whatsoever, recommend, authenticate, endorse, verify or certify these websites or any contents or links there. proprietorship does not take any responsibility for the privacy practice adopted by such other websites and therefore proprietorship recommends Users to read the privacy statement of each and every website that they visits. proprietorship also does not take any responsibility or endorse the authenticity of the other online services displayed on the Site which may offer various services like a lucky draw, win a free trip, win free tickets, astrology, palmistry, numerology etc. User of the Site shall at its sole risk and responsibility click and surf on to such other website(s) / links which is/are being displayed on the Site. Users shall always bear in mind that at a single stroke/click of the mouse on such links/website, it gets connected through the Transmission Control Protocol (TCP) / Internet Protocol (IP) network of the said Users and not through the IP of the Site. proprietorship also does not suggest/encourage Users to furnish personal information and specially the Profile ID / User Name of the User on the Site to such or any other website(s).
17. proprietorship hereby specifically disclaims any liabilities or warranties or guarantees, express, specific or implied, which may be attributable, in any manner whatsoever, to the existence, promotion, canvassing, contents, links, information or discontinuance of the Site. No claims for damages, restitution, loss-of-profits, or any other pecuniary, civil or criminal plaints, which may be said to arise out, or on account, of any matter contained or related to the Site, shall lie or be deemed to be sustainable against proprietorship.
18. proprietorship assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User communications. proprietorship is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials /information from the Site.
19. Users who visit the Site are classified by proprietorship as Users with incomplete or complete profiles. Both these types could further be free members or paid members. proprietorship reserves the absolute right to modify, amend, change, curtail or expand any privileges, rights, benefits, liabilities or responsibilities of all types of paid Users or free Users as it deems fit and these will be instantly applicable to all past, present and future Users. proprietorship allows free Users certain benefits The quantum of these benefits and even the benefits in totality will be at the sole discretion of proprietorship..
20. Payments for the services offered on the Site shall be on a 100% advance basis. The payment for service once subscribed to by the User is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the proprietorship and it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. proprietorship gives no guarantees of server uptime or applications working properly. All is on a best effort basis and proprietorship’s liability for losses, damages and claims hereunder is limited to refund of amount only. proprietorship undertakes no liability for free services. proprietorship reserves its right to amend / alter or change all or any disclaimers or these Terms at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them. The continued usage of the Site by a User shall constitute deemed acceptance by the User of the amended Terms.
21. The User is solely and exclusively responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his/her user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and proprietorship assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / offline. proprietorship uses reasonable care as is necessary to ensure that all or any data / information does not fall in the wrong hands. The weak link in credit card transaction is securely storing the data once received; therefore proprietorship does not store or keep credit card/debit card/bank account. For the purposes of ensuring the maximum security for the financial information of a user (such as credit card/debit card/internet banking data) all such online payment transactions are carried out directly on the secured Sites of payment gateways and not on the Site.
22. proprietorship does not warrant that the Site will be uninterrupted or error-free. proprietorship provides the service on an "as is" basis. However, proprietorship will take all reasonable steps to provide its users with error free, uninterrupted user experience. There may be delays, omissions, and interruptions in the availability of the Site. Users acknowledge that use of the Site is solely at their cost and risk. proprietorship is not responsible for suspension of the services on the Site, irrespective of the reason for such interruption / suspension. proprietorship may discontinue or change the services on the Site or its availability at any time, and the User is also free to stop availing the services on the Site at any time.
23. The proprietorship uses third party payment gateways on the Site and failures in these gateways would be communicated to the users as it is. Extra currency/conversion charges/deductions/error issues from payment gateway shall not be the responsibility of the proprietorship.
24. proprietorship has complete rights in the Site and the services provided thereunder. The Site contains to the extent protected by applicable laws, copyrighted material, trademarks, and other proprietary information of its owners and its licensors. Except for that information which is in the public domain or for any other information/display for which permission have not been obtained from proprietorship, proprietorship reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement of the said proprietary rights for illegal copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information.
25. proprietorship reserves the right to verify the authenticity of Content posted on the site. proprietorship if circumstances warrant may call for / ask any of its Users to provide documentary or other form of evidence supporting the information / User Data posted on the Site and the User, without any protest shall produce such documentary / other evidence in support of such information and if the User fails to produce such information within a reasonable or stipulated time frame, proprietorship may, in its sole discretion, terminate the profile/access to the Site and forfeit the advance without a refund and take appropriate steps under the provisions of law. proprietorship also reserves the right to investigate and take appropriate legal action without limitation at its sole discretion against any User who violates / misuses the online services and terminating the profile/access to the Site of such violators without prior intimation who utilise the Site in any manner which brings into disrepute or impairs the interests and functioning of Site or the proprietorship.
26. proprietorship does not take the responsibility of any information posted by its Users on the Site, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and in case proprietorship receives/discovers any such infringement, the said User may be called for / asked to furnish / provide evidence / relevant information in support of such display like an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or a description of the copyrighted work that may have been infringed or information or a written statement that the User under bona-fide faith belief that the disputed information does not lead to any authorized use or infringement of copyright etc, under the law or a statement that the User is liable to penalty of perjury in case any of the information/statement furnished is proved otherwise or a declaration that the information displayed/posted is accurate and the User is itself the copyright owner or authorized to act on the copyright owner's behalf.
27. proprietorship has no obligation to monitor the activities of its Users. However, proprietorship has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its Users. proprietorship also reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or violative of provision of law.
28. The usage of this Site and any disputes/issues arising out of it shall be subject to the applicable laws in force for the time being in the NCT of Delhi irrespective of conflicting provisions of law and to the exclusive jurisdiction of courts located in New Delhi.
29. In case proprietorship receives any incriminating evidence/complaint against any User from other Users of the Site or if proprietorship, through data available to it from its servers, suspects misbehavior on any User’s part, it reserves the right to impose restrictions on the User’s account which include but may not be confined to preventing the User under question from making multiple contacts and restricting the user to only contact members whose desired partner profile the User satisfies.
30. All services which are defined by time period indicated in months shall imply 1 month to be equal to 30 days and for any longer durations service the total duration in days will be the number of months multiplied by 30.
31. Users of the Site are consenting for receiving
a) Membership Emails: Emails conveying the benefits of paid membership to Users. These are sent to the Email address mentioned by the Users in their profile.
b) Important Notifications from the Site – Messages/notifications are sent to Users to inform them of various alerts related to usage of the Site. . These will be communicated to the Users by Email/app notifications etc. or on their Landline/Mobile from a non-140 number via SMS/MMS/VMS/USSD/IVR/Calls etc.
c) Membership SMSes/Calls: SMSes or phone calls shall be sent conveying the benefits of paid membership to Users. Users will receive these calls or SMS on any of the phone numbers mentioned by Users on their profile, if they have subscribed to calls/ SMS in their alert manager settings.
32. Promotional Mails - . Promotional emails are sent to members on their Email ids, if they have subscribed to promotional emails in their alert manager settings.
33. If a member does not wish to receive communication from the proprietorship then he needs to go to the "Settings" section in his profile and choose/disable for the modes (Emails / SMS / Calls / USSD / Messenger messages / IVR) and types of communication which User either wants to or does not want to receive. Types of communication are the specific messages based on profile attribute or Site interactions between members. Site may also provide for different message types and modes, other alternative ways to unsubscribe".
34. Creation of duplicate profile on Matchus is prohibited. In case the user has forgotten his password he can use the password retrieval option. Forgetting password, User ID, reaching contact limits or any other reason for creating a 2nd profile on Matchus is not allowed. Info Edge reserves the right to delete/block this profile or restrict access of this profile to use the Site. Info edge at its own discretion can decide to delete/block/restrict access of 2nd profile or the original profile or both profiles in all cases where duplicate profiles have been found.
35. Paid Membership is co-extensive with the profile, membership expires as soon as the profile is deleted and cannot be reactivated.
36. Any profile deleted by the profile user cannot be retrieved under any circumstances.
37. Coupons generated for referrals on Matchus have an expiry date of one year from the date of generation. Coupons will only be awarded to the referrer and the referee if the referee registers from the link sent by Matchus (on Email or through share options). However, coupons are not valid for USD Payments, coupon code discounts cannot be combined with any other offer on the Site.
38. Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of proprietorship (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon proprietorship.
Restriction / Prohibitions
The following actions will inter alia constitute a misuse of the Site and are strictly prohibited:
Users are expressly prohibited from using or exploiting the Site and/or any content or data provided therein for:
(a) any commercial purposes such as creating alternate databases, extending access to the Site to third parties without prior written consent of the proprietorship; and/or
(b) undertaking any business activity which is in competition with the business of the proprietorship; and/or
(c) for seeking fees in any name whatsoever; and/or
(e) Sharing access with persons who are not contracted with the proprietorship.
(f) Reselling the products/services offered by the proprietorship.
(ii) (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from the Site;
(iii) Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to:
(a) any portion or feature of the Site or any of the services or products offered on or through the Site which are not intended for you;
(b) any server, website, program or computer systems of the proprietorship or any other third parties and/or Users;
(iv) Modifying the services provided through the Site or their appearance using any technology or overlay any additional offering on top of such services or simulate the Site’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approaching us at legal@Matchus.com.
(v) Accessing the Site through interfaces other than those expressly provided by proprietorship;
(vi) Attempting to breach or breaching any security or authentication measures set up by the proprietorship in relation to the Site and/or attempting to probe, scan or test the vulnerability of the proprietorship’s system or network;
(vii) Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from the Site (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the proprietorship;
(viii) Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
(ix) Circumventing or attempting to circumvent any technological protections used or employed by the proprietorship or by any third party in order to protect the content on the Site and/or to exclude robots, spiders etc. from crawling and /or scraping content from the Site.
(x) Bypassing or Circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
(xi) Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of the Site or any computer networks connected to the Site, by any other User;
(xii) Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from the Site without explicit consent obtained in writing by approaching us at legal@Matchus.com;
(xiii) Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
(xiv) Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
(xv) Stalking, threatening, or in any manner harassing any other User;
(xvi) Imposing an unreasonable or disproportionately large load on the Site infrastructure;
(xvii) Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site (or any part thereof) and providing deeplinks into this Site (or any part thereof) without prior permission of proprietorship;
(xviii) Spamming the Site/proprietorship or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.