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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the terms and conditions for access or usage of www.maritalsculptures.com (the "Website").
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 or the Services. The Terms and Conditions also includes 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 "Prime Member" shall mean the end user accessing the Website/ services, its contents or using the Services offered and ‘Standard Member’ shall mean the end user introduced by the prime member or voluntarily accessing the Website/ services, its contents or using the Services offered. The ‘Standard 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 for "Prime member"/ “Standard Member” . " Services" means a collective reference to the Marital Sculptures Matrimony service provided by mass app “”.
Scope
You understand and acknowledge that Marital Sculptures acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. Marital Sculptures is a brand owned by mass app which/who owns, retains and has complete rights in Marital Sculptures and the Website /App/ Services.
Marital Sculptures acts as a platform to enable any end 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 Marital Sculptures’ already registered users, to crate their professional profiles and add their albums( Only applicable to prime members) , for seeking prospective lawful matrimonial alliances for themselves/ introduced members. Marital Sculpture helpline may also be able to assist you to create your profile, however, you must have a valid/operational mobile phone number and an email id. The profiles in the database of Marital Sculptures are classified broadly on the basis of language, region and introducer for the ease and convenience of its member / customer. MARITAL SCULPTURES Members are provided with free/paid access for searching profiles from the database of MARITAL SCULPTURES , as per the partner preference set by you (on the Website/Applications -(App) and you can shortlist the profiles in which you are interested .
1. Eligibility :
A) MARITAL SCULPTURES Standard Membership and rights of admission is reserved solely for :
I. Indian Nationals & Citizens.
II. Persons of Indian Origin (PIO).
III. Non Resident Indians (NRI).
IV. Persons of Indian Descent or Indian Heritage
V. Persons who intend to marry persons of Indian Origin.
A(a) Further in capacity as MARITAL SCULPTURES Standard member you confirm that you are :
I. 18 years or above (if you are a woman) or 21 years or above (if you are a man);
II. If you have applied for Divorce, you may register on our website/App by stating "Awaiting Divorce".
III. If you are a resident of any other Country, you are legally competent to marry as per the local rules applicable to your country and you shall comply with the Indian laws for marrying a person of Indian Origin
B) In case you are a Registrant of the prospective bride/ bridegroom and has created profile in MARITAL SCULPTURES Website/App on behalf of them or is accessing the MARITAL SCULPTURES Website/App on behalf of them implies that you have taken their consent for their profile creation in MARITAL SCULPTURES and for accessing the MARITAL SCULPTURES Website/App.
C) MARITAL SCULPTURES Prime Membership and rights of admission is reserved solely for
I. Photographers registered with any recognized unions in the field in India.
II. Clause 1.B is applicable to Prime members if they introduce any user as Standard Member. All other conditions in Clause 1. are applicable to the Standard Members introduced by the Prime Members and once they are registered.
2. Registration
A. We expect that you would complete the online registration process 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/App 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 MARITAL SCULPTURES 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/App. 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/App.
B. If at any point of time MARITAL SCULPTURES 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, MARITAL SCULPTURES shall have full right to suspend or terminate (without any notice) your MARITAL SCULPTURES membership and forfeit any amount paid by you towards MARITAL SCULPTURES membership fee and refuse to provide MARITAL SCULPTURES service to you thereafter.
C. MARITAL SCULPTURES also reserves the right to block the registration of your profile on Website/App, 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 MARITAL SCULPTURES members in their profile.
D. Registration of duplicate profiles of the same person is not allowed in MARITAL SCULPTURES Website/App. MARITAL SCULPTURES shall have full right to suspend or terminate (without any notice) such duplicate profile.
E. You acknowledge and confirm that your registration with MARITAL SCULPTURES and the usage of MARITAL SCULPTURES services is with the Bonafede intention of marriage and not otherwise in case of Standard Member and advertisement of professional experience in case of a Prime Member. MARITAL SCULPTURES Standard Membership is restricted strictly to the registered MARITAL SCULPTURES individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of MARITAL SCULPTURES and nor use the MARITAL SCULPTURES Service or MARITAL SCULPTURES members data for any commercial purpose, and MARITAL SCULPTURES reserves its right to initiate appropriate legal action for breach of these obligation. MARITAL SCULPTURES Prime Membership is restricted to companies, businesses and/or individuals carrying on Photography as their profession.
3. Account Security
You are responsible for safeguarding the confidentiality of your MARITAL SCULPTURES 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 MARITAL SCULPTURES
A. MARITAL SCULPTURES reproduces your details once you register on our website /App on "as is as available" basis.
B. MARITAL SCULPTURES 's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance.
C. The profile search conducted by any MARITAL SCULPTURES member and the matches shown thereof are automatically generated by MARITAL SCULPTURES , and based on the partner preference set by you. In the event of MARITAL SCULPTURES member changing their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change.
D. MARITAL SCULPTURES does not prohibit any MARITAL SCULPTURES 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.
E. MARITAL SCULPTURES cannot guarantee or assume responsibility for any specific results from the use of the data available from the MARITAL SCULPTURES services.
F. MARITAL SCULPTURES shall safeguard sensitive user information using security standards, authentication mechanisms, access controls and encryption techniques.
G. MARITAL SCULPTURES 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 MARITAL SCULPTURES servers.
H. MARITAL SCULPTURES 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 MARITAL SCULPTURES Member
A. 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.
B. Any information / data required by MARITAL SCULPTURES for using the MARITAL SCULPTURES services shall be provided by the MARITAL SCULPTURES Member, as and when so sought by MARITAL SCULPTURES.
C. 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. MARITAL SCULPTURES shall not be liable for short coming due to any misrepresentations made by any of its MARITAL SCULPTURES members.
D. You are required to verify the credentials of the prospect and we shall not be liable for any misbehavior/ misrepresentations made by the Prospect to you during video call. Please check "Safe Matrimony" link in the website/Apps for guidance.
E. To get better search results, MARITAL SCULPTURES Standard 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 MARITAL SCULPTURES shall retain their right under clause 2 (b) of this terms and conditions. MARITAL SCULPTURES Prime Members are expected to upload photos taken by and for them in their albums. Marital Sculptures shall not be liable for any copyright infringement in case a prime member uploads any photo which is the property of any other person. Prime member shall be solely responsible for any violation of the above terms.
F. MARITAL SCULPTURES 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 MARITAL SCULPTURES shall retain their right under clause 2 (b) of this terms and conditions.
G. MARITAL SCULPTURES Members are advised to refrain from :
i. Entering into any financial transactions with prospects. MARITAL SCULPTURES Members shall not seek financial help or provide financial help from / to the other MARITAL SCULPTURES Members
ii. Using abusive language when they communicate with the other MARITAL SCULPTURES Members.
iii. being discriminative or using racial comments etc.
iv. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
v. Entering into physical relationship with any prospect before marriage.
vi. violating any law for the time being in force.
vii. From mentioning details of other matrimonial services while sending personalized messages.
viii. from copying/reproducing any photos uploaded in other members’ profile without their consent.
H. MARITAL SCULPTURES members are expected to visit URL http://www.maritalsculptures/massapp/matrimony/ for understanding the safety measures on partner search and awareness towards online safety.
I. MARITAL SCULPTURES 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.
J. The MARITAL SCULPTURES members agrees that for getting effective search results of prospects on Website/App you will regularly log in to the profile maintained in the Website/App and send expression of interest which is an automated messages to prospects as a free MARITAL SCULPTURES member, and in the event you have availed paid MARITAL SCULPTURES package, you can send personalized messages to prospects to show your expression of interest/replies. MARITAL SCULPTURES member also may review the expression of interest sent to you / read the messages sent to you by prospects and may respond suitably.
K. You also agree that while accessing / using the Website/App, you will be guided by the terms and conditions of the Website/App including but not limited to the use of feature of website /App 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.
L. If the MARITAL SCULPTURES Member fails to update in MARITAL SCULPTURES website/App, any change in the particulars furnished in their profile/ then the MARITAL SCULPTURES membership may be suspended by MARITAL SCULPTURES at its sole discretion.
M. MARITAL SCULPTURES member shall, in case of finalization of his/her/their Registrant’s marriage, delete their profile by themselves or intimate MARITAL SCULPTURES for removal/deletion of their profile.
N. MARITAL SCULPTURES Members agree to use secure devices, software and networks in a private place for accessing the MARITAL SCULPTURES services.
O. MARITAL SCULPTURES member shall not use any kind of Bots like web robots, Chatbot or any other automated processes/programs/scripts to use, communicate or respond in MARITAL SCULPTURES Website/App.
P. MARITAL SCULPTURES Members shall not probe, scan or test the vulnerabilities of the MARITAL SCULPTURES Website/App or any network connected to the Website/App nor breach the security measures instituted by MARITAL SCULPTURES.
Q. You shall also not make any payment / transfer any amount to account of any Marital Sculptures employees. All payments shall be made only to MARITAL SCULPTURES account.
R. MARITAL SCULPTURES members are expected to approach MCL to resolve their complaints and grievances and shall not air their grievance/complaints in social media.
6. Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact us: Email ID : info@maritalsculptures.com Contact No : +91-94953 31886 Address : Thrissur, Kerala.
7. Medium of Communication to MARITAL SCULPTURES Members
A. MARITAL SCULPTURES member hereby consents for receiving communication including promotional communications through any medium of communications such as electronic mails, calls, SMS or through WhatsApp messages from Marital Sculptures.
B. MARITAL SCULPTURES by its automatic system sends to its member (s) profile (s) of the prospect by way of images/ documents/ messages / links. MARITAL SCULPTURES 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. MARITAL SCULPTURES Member further confirms that even if MARITAL SCULPTURES Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from MARITAL SCULPTURES either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.
C. You are also entitled to set up your communications frequency from MARITAL SCULPTURES , like - only on weekends or fortnightly etc. You may also opt for not getting any call from MARITAL SCULPTURES by ticking the appropriate box in the Website/App, provided that, you agree to receive calls from Relationship Manager of Assisted Matrimony/ Elite Matrimony for contacting you as a shortlisted profile for their registered members.
8. Confidentiality
Any feedback you provide to MARITAL SCULPTURES shall be deemed to be non-confidential. MARITAL SCULPTURES 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) MARITAL SCULPTURES 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 MARITAL SCULPTURES for the feedback under any circumstances.
9. Privacy of Membership
To protect your privacy and understand our practices as amended from time to time , please read and follow our Privacy Policy which also governs your visit to MARITAL SCULPTURES website, the personal information / data provided to us by you during the course of usage of MARITAL SCULPTURES will be treated as confidential and in accordance with the Privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
10. Disputes between Members
A. MARITAL SCULPTURES Members are solely responsible for the communications (through any medium) with prospect or vice versa. MARITAL SCULPTURES 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 MARITAL SCULPTURES members inter se via e-mail, chat, interaction, Whatsapp or any other medium of communication between MARITAL SCULPTURES members either using website /App or otherwise.
B. MARITAL SCULPTURES has no obligation, to monitor any such disputes arising between the MARITAL SCULPTURES members, and MARITAL SCULPTURES shall not be party to any such dispute/litigation etc.
C. MARITAL SCULPTURES is not a broker or the agent of any MARITAL SCULPTURES member, and MARITAL SCULPTURES does not partake in the exchange of any kind of discussion between the MARITAL SCULPTURES members and prospects or the results of their discussion.
11. Content Right
A. You agree that all content of MARITAL SCULPTURES excluding your or third party content including advertisement on the Website/App for which MARITAL SCULPTURES has requisite license/right in terms hereof to display the same on our Website/App.
B. 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 Website/App at the time of the creation of the MARITAL SCULPTURES profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by MARITAL SCULPTURES 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 MARITAL SCULPTURES , you hereby grant MARITAL SCULPTURES 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 MARITAL SCULPTURES'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.
C. While MARITAL SCULPTURES 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, MARITAL SCULPTURES 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 MARITAL SCULPTURES may at its sole discretion put restriction on any MARITAL SCULPTURES member to other member's communications.
D. Marital Sculptures 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.
12. Third Party website
A. MARITAL SCULPTURES member understand and agree that MARITAL SCULPTURES may allow third parties to put up advertisements on the MARITAL SCULPTURES application/Website and MARITAL SCULPTURES does not control the contents of such third party advertisement on the MARITAL SCULPTURES application/Website. Third party websites to which links are given on Website/App are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. The Company does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.
B. The MARITAL SCULPTURES members agrees and understands that MARITAL SCULPTURES may also allow third parties to provide MARITAL SCULPTURES members services on the website/App like horoscope matching etc., and MARITAL SCULPTURES may also collect the payment for such third party services to you, and MARITAL SCULPTURES in this regard can have revenue sharing arrangement with such third party, however in no event shall MARITAL SCULPTURES be liable to you for such third party services.
C. MARITAL SCULPTURES reserves the right to add/delete/alter/modify/suspend any or all the MARITAL SCULPTURES Services at any time as it may deem fit, without notice. The MARITAL SCULPTURES members are expected to see the change on the Website/App.
13. Limitation of liability
A. MCL / MARITAL SCULPTURES or its Office bearers shall under no circumstances be liable or responsible to the MARITAL SCULPTURES 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 Website/App/Third Party Website/ MARITAL SCULPTURES services.
B. MARITAL SCULPTURES informs you that the exchange of profile(s) through or by MARITAL SCULPTURES should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the MARITAL SCULPTURES member, from/ or by MARITAL SCULPTURES.
C. Notwithstanding anything to the contrary contained herein, MARITAL SCULPTURES '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 MARITAL SCULPTURES , for any specific MARITAL SCULPTURES paid package, and no further.
14. MARITAL SCULPTURES or its office bearers shall under no circumstances be liable, if any, for the MARITAL SCULPTURES member entering into financial transaction with any other MARITAL SCULPTURES Member or any third party.
15. MARITAL SCULPTURES or its office bearers shall under no circumstances be liable, if any, for any MARITAL SCULPTURES members not responding/reciprocating when you approach them for matrimonial alliance
16. 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 MARITAL SCULPTURES . Further neither you nor MARITAL SCULPTURES agrees to class arbitration.
17. General : In the event you file a false complaint against another prospect on our Website /App 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 MARITAL SCULPTURES services as per clause 2 (b) of these terms and conditions.
18. Notwithstanding anything contained herein, MARITAL SCULPTURES reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on MARITAL SCULPTURES /website/App (once such instance come to MARITAL SCULPTURES 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. MARITAL SCULPTURES 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 MARITAL SCULPTURES website/App as a means of communication while sending messages to other MARITAL SCULPTURES members regarding their profile identity in other matrimonial websites.
19. Once your paid membership expires, you cannot avail the unexpired balance phone call count/ unexpired SMS . Similarly, you cannot access the already viewed MARITAL SCULPTURES member(s) contact information unless you renew your account within 30 days.
20. However on renewal, the unexpired phone call / SMS shall be carried forward to your account from the last day of expiry.
21. In case of conflict between the terms and condition of Website/App and terms and conditions of any other website including other websites of MCL, the terms and condition of MARITAL SCULPTURES Website/App shall prevail for the service provided through this Website/App.
22. Disclaimer
A. Your access to and use of the MARITAL SCULPTURES Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE MARITAL SCULPTURES SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MARITAL SCULPTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MARITAL SCULPTURES does not warrant that the Website/App, its servers, or e-mail sent from MARITAL SCULPTURES are free of viruses or other harmful components. MARITAL SCULPTURES will not be liable for any damages of any kind arising from the use of this MARITAL SCULPTURES Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
B. MARITAL SCULPTURES does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our Website/App and using MARITAL SCULPTURES services (both paid and free).
C. Notwithstanding anything contrary contained anywhere, under no circumstances, MARITAL SCULPTURES shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by MARITAL SCULPTURES /payment gateway/alliance partner etc.;
ii. any untrue or incorrect information submitted by you or on your behalf;
iii. 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 MARITAL SCULPTURES );
iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
v. any cyber crime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website.
ix. MARITAL SCULPTURES 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
x. 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.
D. You expressly agree that your use of this Website/App is at your sole risk.
E. 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.
23. Indemnity
By using our MARITAL SCULPTURES services you agree to defend, indemnify, and hold harmless MARITAL SCULPTURES , 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 MARITAL SCULPTURES . This defence and indemnification obligation will survive in perpetuity.
24. Termination
A. We/ MARITAL SCULPTURES in good faith reserve our right to terminate your MARITAL SCULPTURES 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
I. seek physical / financial favors from our other registered members or
II. have provided incorrect information on our website/App or
III. have committed any fraudulent/ unlawful/ illegal activities through the use of our website/App or
IV. have violated this Terms and conditions or
V. have misappropriated the name, likeness, email address, contact no or other personally identifiable information of another MARITAL SCULPTURES member created a profile on our website /App 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,
B. If MARITAL SCULPTURES 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.
C. Unless otherwise provided in these Terms and Conditions, MARITAL SCULPTURES membership may be terminated by MARITAL SCULPTURES / you without assigning any reasons by serving 7 ( seven) days written notice on the other, all amount paid till date by you to MARITAL SCULPTURES shall be forfeited.
D. Upon termination / suspension of MARITAL SCULPTURES membership, your right to use or access the MARITAL SCULPTURES Website/App MARITAL SCULPTURES 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 MARITAL SCULPTURES Services shall not relieve you of any obligations arising or accruing prior to such termination.
27. Jurisdiction and Applicable Law
A. The registration of MARITAL SCULPTURES membership and all MARITAL SCULPTURES services are deemed to have been entered into within the territorial Jurisdiction of Thrissur, India.
B. The MARITAL SCULPTURES Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in Chennai, Tamil Nadu, India.
28. Mode of Payment
A. Payment made by cash / cheque / RTGS/ NEFT/ would be in accordance with the prevailing RBI guidelines. Activation of paid MARITAL SCULPTURES 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 MARITAL SCULPTURES service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
29. Refund and Assignment
A. The payments made by any MARITAL SCULPTURES member to Marital Sculptures by way of membership / renewal fee / auto renewal are treated as non-refundable.
B. MARITAL SCULPTURES member shall not assign or transfer your MARITAL SCULPTURES membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and MARITAL SCULPTURES shall retain their right under clause 2 (b) of this terms and conditions.
C. Payment once made for MARITAL SCULPTURES services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
30. Renewal
A. We automatically renew all paid Memberships before the expiry of the term of the paid Membership. You agree that your account will be subject to this automatic renewal feature.
B. 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.
C. The maximum tenure of any packages will be 12 (Twelve) month. Every MARITAL SCULPTURES packages post validity period (varies from package to package), shall be renewed.
D. If you do not want your paid membership to automatically renew, you must cancel your paid membership. In case you have to mail for cancellation, mail to cancellation. info@maritalsculptures.com
31. Additional terms and conditions applicable to Non- Resident Indian customers.
A. Jurisdiction : The laws of India shall be applicable.
B. Arbitration of Disputes.
The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within 30 ( thirty ) days from the date of such dispute , then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and conciliation Act, 1996, by sole arbitrator. The seat of Arbitration shall be Thrissur, Kerala, India. We shall appoint the sole arbitrat or. The arbitration proceedings shall be conducted in the English language
C. However, Disputes relating to infringement of our intellectual property rights, which we may elect to have resolved by means other than arbitration.
D. In case of Renewal, Customer is charged the current price that prevails and renewed is done only for 3 months duration irrespective of the past package.
E. Enforcement
Any proceeding to enforce this arbitration agreement may be brought in Courts of Thrissur, Kerala, India.