Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IMPLIES YOUR AGREEMENT TO BE BOUND BY ALL THESE TERMS AND CONDITIONS ("Agreement"). If you do not want to be bound by the Terms and Conditions, you must not use the Website. The Terms and Conditions also include the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
In these Terms, references to " Member" shall mean the end user accessing the Website/CONSIM Websites, its contents or using the CONSIM Services offered. Member also includes persons such as father, mother, brother, sister, relative or a friend ("Registrant") of the prospective bride/ bridegroom. The terms "You" and "User" shall be interchangeably used in the context of "Member".
You understand and acknowledge that Consim acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. Consim info USA Inc ("Consim/ Company") is a wholly owned subsidiary of Matrimony.com Limited, a company registered under the Companies Act of India .Consim has received consent from Matrimony.com Limited to use the domain(s) of community based names which is peculiar to India. CBS Websites (Community based websites) are owned by Matrimony.Com Limited (MCL) which owns, retains and has complete rights in CBS and the CBS Website /CBS Service.
CBS Websites 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 CBS already registered users, for seeking prospective lawful matrimonial alliances for themselves. The profiles in the database of CBS are classified broadly on the basis of language and region for the ease and convenience of its member / customer. CBS Members are provided with free/paid access for searching profiles from the database of CBS, as per the partner preference set by you (on the Website/ / WAPlications /WAP and you can shortlist the profiles in which you are interested.
- Membership and rights of admission in CBS Websites is reserved solely for :
- Persons of Indian Origin (PIO).
- Non Resident Indians (NRI).
- Persons of Indian Descent or Indian Heritage
- Persons who intend to marry persons of Indian Origin.
- Further in capacity as Member you confirm that you are :
- 18 years or above;
- Legally competent to marry as per the local laws applicable to you, and
- Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.
- 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.
- 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.
- We expect that you would complete the online registration process in CBS Websites with fairness and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you which will help you to meet your parameters. 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/or repeating your details in another fields, after filling them once in the relevant fields or others photographs. In order to serve you better if Consim requires additional details you agree to provide it. 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/WAP/. 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/----/ WAP/. Consim may also reproduce your profile information in other matrimonial websites owned by MCL including CBS Websites to provide better matching Profiles to you.
- If at any point of time Consim 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, Consim shall have full right to suspend or terminate (without any notice) your Membership and forfeit any amount paid by you towards Membership fee for CBS Websites and refuse to provide Consim service to you thereafter.
- Consim also reserves the right to block the registration of your profile on CBS Website// WAP, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in any data entered by the Consim Members in their profile.
- Registration of duplicate profiles of the same person is not allowed in CBS Website/ WAP. Consim shall have full right to suspend or terminate (without any notice) such duplicate profile.
- You acknowledge and confirm that your registration with CBS Websites and the usage of Consim services is with the bonafide intention of marriage and not otherwise. Membership in CBS Websites is restricted strictly to the registered 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. Account Security
You are responsible for safeguarding the confidentiality of your CBS Website login credentials such as your user id, password, OTP, etc., and for restricting access to your computer/mobile to prevent unauthorized access to your account. We, as a Company do not ask for Password and you are cautioned not to share your password to any persons. You agree to accept responsibility for all activities that occur under your account.
4. Role and Responsibility of Consim
- Consim reproduces your details once you register on our Website/ WAP---- on "as is as available" basis and also share your profile with other registered Members within website(s) of MCL.
- CBS obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance.
- The profile search conducted by any CBS member and the matches shown thereof are automatically generated and are based on the partner preference set by you. In the event of Consim Member changing their partner preference on the CBS Website/WAP, then the automated system generated prospect results of the Website/WAP may also undergo corresponding change.
- Consim does not prohibit any Member from sending interest to your profile or communicating to you based on their partner preference. But you are at the liberty to deny their interest or proceed further if you are interested.
- Consim cannot guarantee or assume responsibility for any specific results from the use of the data available from the Consim service or from other matrimonial websites owned by MCL including CBS Websites.
- Consim shall safeguard sensitive user information using security standards, authentication mechanisms, access controls and encryption techniques.
- 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 CBS servers.
- Consim do not authenticate/endorse any information of any profile and hence you as a user need to verify the credentials and information provided by other users.
5. Role and Responsibility of Consim Member
- You shall safeguard your profile information by creating a strong password during profile creation with combination of alphabets, both upper and lower case and numbers.
- Any information / data required by Consim for using its services shall be provided by the Member, as and when so sought by Consim.
- You are requested to verify the credentials of the prospect, exercise due care and caution regarding their profile information which includes marital status, educational qualifications, financial status, occupation, character, health status, etc. and satisfy yourself before making a choice of your match. Consim shall not be liable for short coming due to any misrepresentations made by any of its Members.
- To get better search results, Members are expected to provide latest photograph which should not be more than 3 (three) months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and Consim shall retain their right under clause 2 (b) of this terms and conditions.
- CBS 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 CBS shall retain their right under clause 2 (b) of this terms and conditions.
- Members are advised to refrain from :
- Entering into any financial transactions with prospects. Members shall not seek financial help or provide financial help from / to the other Members
- Using abusive language when they communicate with the other Members
- being discriminative or using racial comments etc.
- Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
- Entering into physical relationship with any prospect before marriage.
- violating any law for the time being in force.
- From mentioning details of other matrimonial services while sending personalized messages
- CBS members are expected to visit the URL https://www.communitymatrimony.com/safematrimony/ for understanding the safety measures on partner search and awareness towards online safety.
- Members are expected to be cautious of prospects who ask for favours, money etc or 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.
- Members agrees that for getting effective search results of prospects on Website/WAP you will regularly log in to the profile maintained in the Website/ WAP and send expression of interest which is an automated messages to prospects as a free Member, and in the event you have availed paid CBS package, you can send personalized messages to prospects to show your expression of interest/replies. Members also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably.
- You also agree that while accessing / using the Website/ WAP, you will be guided by the terms and conditions of the Website/ WAP including but not limited to the use of feature of Consim Website /WAP 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.
- If the Member fails to update in CBS Website/ WAP, any change in the particulars furnished in their profile/ then the Membership may be suspended by Consim at its sole discretion.
- Member shall, in case of finalization of his/her/their Registrant's marriage, delete their profile by themselves or intimate Consim for removal/deletion of their profile.
- Members agree to use secure devices, software and networks in a private place for accessing the CBS Website/ WAP and Consim services.
- Members shall not use any kind of Bots like web robots, Chatbot or any other automated processes/programs/scripts to use, communicate or respond in CBS Website/ WAP.
- Members shall not probe, scan or test the vulnerabilities of the CBS Website/ WAP or any networks neither connected to the CBS Website/WAP nor breach the security measures instituted by Consim.
- You shall also not make any payment / transfer any amount to account of any Consim employees. All payments shall be made only to Consim account.
- Members are expected to approach Consim to resolve their complaints and grievances and shall not air their grievance/complaints in social media.
6. Medium of Communication to Members
In the event you come across any concerns in our service, then please be free to contact us: Email ID : email@example.com
Contact No : 732 301 5806Address : CONSIM INFO USA INC220 davidson ave ste 315Somerset, New Jersey 08873-4148
7. Role and Responsibility of Consim
- Members hereby consents for receiving communication including promotional communications through any medium of communications such as electronic mails, calls, SMS or through Whatsapp messages from Consim or other portals owned by Consim or their alliance partners.
- Consim by its automatic system sends to its member (s) profile (s) of the prospect by way of images/ documents/ messages / links. Member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. Member further confirms that even if Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from Consim either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.
- You are also entitled to set up your communications frequency from Consim, like - only on weekends or fortnightly etc.
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) 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.
9. Privacy of Membership
10. Grievance Officer
In the event you come across any violation by another user including but not limited to having content in the Website 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 or email us with digital signature to:
Grievance officer Mr. Akilan Paneerselvam
The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the CBS Website/WAP that -
- belongs to another person and to which the User does not have any right to;
- 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;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
11. Disputes between Members
- Members are solely responsible for the communications (through any medium) with prospect or vice versa. Consim expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any Members inter se via e-mail, chat, interaction, Whatsapp or any other medium of communication between Members either using Website / WAP or otherwise.
- Consim has no obligation, to monitor any such disputes arising between the Members, and Consim shall not be party to any such dispute/litigation etc.
- Consim is not a broker or the agent of any Member, and Consim does not partake in the exchange of any kind of discussion between the Members and prospects or the results of their discussion.
12. Content Right
- You agree that all content of CBS Website/ WAP belongs to Matrimony.com Ltd excluding your or third party content including advertisement on the CBS Website/ WAP for which Consim has requisite license/right in terms hereof to display the same on our Website/ WAP.
- You acknowledge that you alone are responsible and liable 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 CBS Website/ WAP 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 CBS Website/ WAP, you hereby grant Consim 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 CBS '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.
- While Consim does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms and conditions, Consim 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 may at its sole discretion put restriction on any Member to other member's communications.
- 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.
13. Third Party website
- The Members agrees and understands that Consim may also allow third parties to provide Members services on the CBS Website/WAP 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 such third party, however in no event shall CBS be liable to you for such third party services.
- Consim reserves the right to add/delete/alter/modify/suspend any or all the CBS Services at any time as it may deem fit, without notice. The Members are expected to see the change on the Website/WAP.
14. Limitation of liability
- Consim or its Office bearers shall under no circumstances be liable or responsible to the Member or his/her authorized Representative or Registrant or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our CBS Website/WAP/Third Party Website/ CBS services.
- Consim informs you that the exchange of profile(s) through or by CBS Website/WAP should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the Member, from/ or by Consim.
- Notwithstanding anything to the contrary contained herein, Consim 's 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 any specific CBS paid package, and no further.
15. Consim will not be liable in case of any wrong/improper match made due to unavailability of profiles from Consim owned other websites.
16. Consim or its office bearers shall under no circumstances be liable, if any, for any Members not responding/reciprocating when you approach them for matrimonial alliance
17. Consim will not be liable in case of any wrong/improper match made due to unavailability of profiles from Consim owned other websites.
18. Class Action Suits.
You acknowledge and confirm that you will not bring or participate in any class action or other class proceeding in connection with any dispute with Consim. Further neither you nor Consim agrees to class arbitration.
In the event you file a false complaint against another prospect on our CBS Website/WAP and consequently we have suspended/deleted that prospects profile based on your complaint, then we reserve our right to initiate appropriate legal (Civil/Criminal) action against you and claim any and all costs expenses from you, for such irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right to suspend your profile and forfeit any and all amounts paid by you for the CBS services as per clause 2 (b) of these terms and conditions.
20. Notwithstanding anything contained herein, Consim reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on CBS Website/WAP (once such instance come to Consim notice) in order to ensure, that proper consent has been obtained by you , prima facie accuracy and the prevailing laws in force for the time being, especially those relating to providing any obscene, libelous, blasphemous, slanderous, defamatory or invasive of another person's (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, nationality, gender or otherwise unfit for reproduction; or suggests or encourages unfair or illegal /indecent, unlawful activity. Consim also reserves the right to block/ delete / suspend the profile which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered prospects or using our CBS Website/----/WAP as a means of communication while sending messages to other Members regarding their profile identity in other matrimonial websites.
21. Once your paid membership expires, you cannot avail the unexpired balance phone call count/ unexpired SMS . Similarly, you cannot access the already viewed Member(s) contact information unless you renew your account within 30 days
22. However on renewal, the unexpired phone call / SMS shall be carried forward to your account from the last day of expiry.
23. In case of conflict between the terms and condition of Website and terms and conditions of any other website including CBS Website/ WAP, the terms and condition of CBS Website/WAP shall prevail for the service provided through this Website/ WAP.
- Your access to and use of the CBS Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE CBS SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, CONSIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Consim does not warrant that the CBS Website/WAP, its servers, or e-mail sent from Consim are free of viruses or other harmful components. Consim will not be liable for any damages of any kind arising from the use of this CBS Website/WAP, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Consim does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our CBS Website/WAP and using CBS services (both paid and free).
- Notwithstanding anything contrary contained anywhere, under no circumstances, Consim shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
- any act or omission done by CBS /MCL/payment gateway/alliance partner etc.;
- any untrue or incorrect information submitted by you or on your behalf;
- any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from CBS );
- any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
- any cyber crime attempted or committed by anyone and
- any incident of force-majeure or 'act of god'.
- Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
- Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website.
- CBS shall not be liable for the outcome of during any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
- Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.
- You expressly agree that your use of CBS Website/WAP is at your sole risk.
- We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the app. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the app.
By using our CBS services you agree to defend, indemnify, and hold harmless Consim, 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. This defense and indemnification obligation will survive in perpetuity.
- Consim in good faith reserve our right to terminate your Membership or suspend/delete your profile at our sole discretion without any notice to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions, in case you
- seek physical / financial favors from our other registered Members or
- have provided incorrect information on CBS Website/WAP or
- have committed any fraudulent/ unlawful/ illegal activities through the use of our Website/WAP or
- have violated this Terms and conditions or
- have misappropriated the name, likeness, email address, contact no or other personally identifiable information of another Member created a profile on CBS Website / WAP by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person who's profile is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner,
- If Consim receives any 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.
- Unless otherwise provided in these Terms and Conditions, Membership may be terminated by Consim/ you 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.
- Upon termination / suspension of Membership, your right to use or access the CBS Website/----/ WAP/CBS 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 CBS Services shall not relieve you of any obligations arising or accruing prior to such termination.
27. Jurisdiction and Applicable Law
- Consim is governed by the laws relating to India and the Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India. The appropriate courts at Chennai shall be the competent courts of Law for disputes in any jurisdiction.
- The registration of Membership and all CBS services are deemed to have been entered into within the territorial Jurisdiction of Chennai, India.
28. Mode of Payment
- Payment made by cash / cheque / Net Banking / Debit / Credit Card/ Paypal/ RTGS/ NEFT/ would be in accordance with the prevailing RBI guidelines. Activation of paid CBS service shall be subject to realization of the said payment. In case of dishonor of Cheque/demand draft; you shall be liable to pay applicable bank's cheque/DD bouncing charges. Further Consim service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
- Consim uses third party payment gateways for collection payment through credit/debit card or other payment instruments.
29. Refund and Assignment
- The payments made by any Member to Consim by way of membership / renewal fee / auto renewal are treated as non-refundable.
- Member shall not assign or transfer your 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.
- Payment once made for CBS services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
- We automatically renew for users that pay through certain payment methods like Credit/ Debit Cards, Apple Pay before the expiry of the term of the paid Membership. You agree that your account will be subject to this automatic renewal feature
- When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the last paid price.
- Every CBS packages post validity period ( depending on the package), shall be renewed by the customer if it is so required.
- If your premium membership is auto-renewed by us and if you do not want automatic renewal for your paid membership , you can cancel your paid membership. In case you have to mail for cancellation, mail to firstname.lastname@example.org