Smart Matrimony Ltd
Terms and Conditions
1. Description of the scope of service
1. Smart Matrimony operates an Internet online dating and matchmaking platform. It also organises events where its members can meet. Smart Matrimony provides customers with both free and paid services. The customer receives access to the Smart Matrimony database and may receive access to other website databases owned by Smart Matrimony or its affiliates that contain profiles and information about other members.
2. All customers can register for free, create a profile and browse other user profiles with the "standard membership".
3. Standard members still have the option to subscribe for "paid membership". However, an obligation to pay only arises when the customer confirms the order of the paid membership and associated payment by first selecting the desired membership plan and completing the payment by clicking the “Process Payment” button from the payment page. Prior to taking out a subscription, members are informed about all Terms and Conditions regarding this payment including membership features, price and duration. Upon confirming the order of the paid membership the customer agrees to the Terms and Conditions of the paid membership.
4. Smart Matrimony is entitled to engage third party service providers and/or agents for the whole, or any part of the, spectrum of the Smart Matrimony service.
5. Smart Matrimony cannot guarantee successful communication with other, or between, members. Smart Matrimony is not responsible if, during the contract period, no successful contact is made with other users or members. Smart Matrimony refers you to the FAQs where suggestions are available for members which may help to increase the chances of successful communication with other members.
6. Smart Matrimony has the right, in its sole discretion, to block or remove from its site any offensive, incorrect or inappropriate communication or information, and any communication or information which it reasonably suspects infringes any applicable laws, regulations or third party rights (including, but not limited to, material which may be considered obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) that becomes known to it. Smart Matrimony has no obligation to customers, and undertakes no responsibility, to review any communication or information provided by customers for incorporation into the Smart Matrimony service.
7. All reasonable measures are taken by us to ensure that the Smart Matrimony website (the “Website”) and any other website databases owned by Smart Matrimony or its affiliates is operational all day, every day. However, occasionally technical issues may result in some downtime where services may become unavailable to members. Accordingly, we (Smart Matrimony) will not be liable if the Website or any other website databases owned by Smart Matrimony or its affiliates are unavailable at any time. Where possible we will endeavour to give advance warning of any maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
9. Our database of users is comprised of individuals from various countries. If you would like to avoid matches from outside your country, please set your matching preferences to reflect this.
10. Throughout the Website you may find links to third party websites. The provision of a link to such third party websites does not mean that we endorse, or undertake any responsibility for, such website. If you visit any website via a link on the Website, you do so at your own risk and discretion.
11. Any party wishing to link to the Website is entitled to do so provided that the following conditions below are observed in their entirety:
(a) you do not seek to imply that we are endorsing, or undertaking any responsibility for, the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with the Website; and
(c) the website from which you link to the Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
12. Any third party who links to the Website in breach of clause 11 above (the “Defaulting Party”) shall indemnify Smart Matrimony and its affiliates, and each of its and their directors, officers, managers, employees, agents, representatives, successors and assigns (collectively, the “Indemnitees”), from and against any and all claims, legal actions, demands, settlements, losses, judgments, fines, penalties, damages, liabilities, costs and expenses of any nature whatsoever, including,all lawyers' fees, suffered by the Indemnitees or to the Website as a result of such linking or breach. The Defaulting party further agrees to indemnify the Indemnitees for any lawyers’ fees or other cost the Indemnitees incur to enforce their respective rights hereunder.
13. All material contained on the Website is provided without any warranty of any kind. You use the material on the Website at your own risk and discretion.
14. You use the Website at your own risk and discretion.
2. Access / Contract Confirmation
1. In order for customers to access Smart Matrimony services they must register using the appropriate links on the Website.
2. To register, customers must:
(a) have a valid e-mail address;
(b) be at least 18 years of age; and
(c) have a permanent address in the United Kingdom. Smart Matrimony cannot guarantee full functionality outside of this area.
3. Once registration is successfully completed, as confirmed by Smart Matrimony, the registered user (customer) then enters into a contractual relationship with Smart Matrimony for a free membership. This is governed by the provisions set out in these Terms and Conditions.
4. After registration, the customer receives a notification via e-mail confirming the contract for the free membership.
5. An order for paid membership is confirmed once the registered customer clicks the final payment button (“Process Payment”), after entering their payment information. This customer then enters into another contractual relationship with Smart Matrimony, in addition to the free membership.
6. The customer will be informed, before the conclusion of a fee-based contract, about the features of each chargeable service, prices and duration.
7. The contract for the paid membership comes into effect upon the sending of the payment receipt confirmation e-mail sent by Smart Matrimony.
8. In the confirmation e-mail the customer is sent, for their own records, an electronic copy of the contract data (membership information), as well as the time of registration and applicable terms and conditions. The customer therefore has the opportunity to save or print the contract data as well as the terms and conditions. The contract information is also stored by Smart Matrimony.
3. Terms of Payment
1. The following payment methods are accepted: credit or debit card.
4. Data Collection, Data Use and Data Sharing
1. Smart Matrimony takes care to respect the relevant data protection regulations.
5. Cancellation and Termination
1. Cancellation of the free membership (deleting the profile) is possible at any time. To do this, click on "My Profile" from your Home Page and select "Delete Profile".
2. After the expiry of the paid membership, in line with the original duration of the paid membership subscription period, the status of the customer automatically reverts back to the “standard membership” (i.e. free membership) with the resulting limited scope of use.
3. Both parties retain the right to terminate paid and unpaid memberships if an Event Outside Our Control takes place. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. Smart Matrimony will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
4. Once Smart Matrimony has begun providing the services, either party may terminate the contract with immediate effect by giving written notice to the other party (by using the Contact Us form found on the website where the customer is the terminating party) if either party has breached its obligations under the contract in a material way and the offending party does not fix, remedy or correct the situation within 14 days of the innocent party asking the offending party in writing to fix, remedy or correct the situation.
5. We are not obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration body.
6. Liability of Smart Matrimony
1. Smart Matrimony is not responsible for any losses, penalties, damages, liabilities, costs and expenses of any nature whatsoever the customer may suffer that is not foreseeable. Losses, penalties, damages, liabilities, costs and expenses are only considered foreseeable if they were an obvious and direct consequence of Smart Matrimony‘s breach of these Terms and Conditions or if they were contemplated by the customer and Smart Matrimony at the time the parties entered into the contract.
2. Smart Matrimony does not exclude or limit in any way its liability for:
i) death or personal injury caused by Smart Matrimony‘s negligence;
ii) fraud or fraudulent misrepresentation (not including, in any way, fraud or fraudulent misrepresentation by any of its registered users or customers);
iii) any other liability which cannot be limited or excluded by applicable law.
3. The foregoing limitation of liability shall apply to all officers, employees and agents of Smart Matrimony.
7. Responsibilities and Obligations of the Customer / Prohibited Practices / Exemption
1. The customer alone is responsible for the content of their application and therefore for the information he/she provides about himself/herself. Smart Matrimony will not be responsible or held liable for any incorrect information provided by customers.
2. The customer assures and warrants that the data given is true and accurate and describes him/her personally and accurately. Both parties agree that Smart Matrimony has the right, but not the obligation, to verify the accuracy of the data if necessary.
3. To ensure the integrity of the Smart Matrimony service, the customer assures and warrants that he/she is using the service of Smart Matrimony with the intention of seeking a partner for marriage and is not in a relationship during their period of membership.
4. The customer assures and undertakes that he/she does not pursue any commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes (see point 8 below).
5. The customer assures and undertakes that he/she will not use any photographs, text, software or any other copyrighted information of Smart Matrimony without having the necessary rights or consents for them and their usage.
6. The customer shall comply with all applicable laws for registration and the use of the contact portal.
7. The customer may not, under any circumstances carry out any of the following actions (prohibited conduct):
(a)intentionally declare the data of third parties (including email address) as their own. In particular, he/she must not provide the bank account or credit card information of third parties;
(b)make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo/video data and/or URLs known to third parties without the consent of its respective owner;
(c)distribute defamatory, offensive, or otherwise unlawful material or such information;
(d)threaten or harass other people or users, or harm the rights (including personality rights) of any third party;
(e)upload data containing a virus or malware (infected software) of any form;
(f)use the service in a way which adversely affects the availability of offers for other customers, including writing proprietary profile information in a language other than English;
(g)intercept e-mails or try to intercept them;
(h)carry out advertising for other contact portals;
(i)send chain letters;
(j)name in the personal description (profile) names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services; and
(k)give logins and personal passwords to third parties or share those with third parties.
8. The following commercial or business uses of the Website are not permitted under any circumstances:
(a)the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
(b)the usage of commercial internet sites for advertising, particularly such sites which offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;
(c)linking (directly or indirectly) to the contact portal of another operator;
(d)the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) under this contact portal;
(e)the contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 0900 numbers;
(f)the search for employees, models, etc. for agencies or for chargeable service providers;
(g)the business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;
(h)to make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.
9. If the customer breaches any of the obligations listed in this section 7, the customer shall indemnify Smart Matrimony and its affiliates, and each of its and their directors, officers, managers, employees, agents, representatives, successors and assigns (collectively, the “Indemnitees”), from and against any and all claims, legal actions, demands, settlements, losses, judgments, fines, penalties, damages, liabilities, costs and expenses of any nature whatsoever, including, all lawyers' fees, for any loss or damage suffered by the Indemnitees or to the Website as a result of such breach. The customer further agrees to indemnify the Indemnitees for any lawyers’ fees or other cost the Indemnitees incur to enforce their respective rights hereunder.
8. Blocking on Suspicion
1. Smart Matrimony is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these Terms and Conditions, to delete the member’s content which has given rise to this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for Smart Matrimony to terminate the member’s contract. For a termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
2. If a warning is deemed reasonable by Smart Matrimony, Smart Matrimony must give the customer the opportunity to eliminate the suspicion or to remedy the situation before the content is blocked or removed. If a warning is not reasonable, for example because the blocking or removal is required to prevent possible damage to Smart Matrimony or another customer, Smart Matrimony will inform the customer immediately after the blocking or removal of such customer’s content. Smart Matrimony shall then give such customer the opportunity to comment and request for assistance.
3. Smart Matrimony has the sole discretion to delete the customer’s content or keep the profile blocked if Smart Matrimony is requested to do so by a court, regulators or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent any imminent harm to Smart Matrimony or another customer.
4. If the customer's access to the paid membership was blocked and such blocking proves to be unwarranted, the duration of the paid membership will be extended accordingly. If an extension is not possible, Smart Matrimony will reimburse the membership fee for such period that the paid membership was blocked, as calculated on a pro rata basis.
9. Law and Jurisdiction
1. These Terms and Conditions are governed and construed in accordance with the laws of England. Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.