Terms and Conditions
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING MEDICAL MATRIMONY, AS THEY AFFECT EVERY USER’S LEGAL RIGHTS AND OBLIGATIONS.
1. MEDICAL MATRIMONY
2. USAGE OF MEDICAL MATRIMONY
- With the exception of content posted by Users of Medical Matrimony (“User Content”), all the proprietary content including inter alia source and object codes, software, information, database, getup, layout and graphics and other artistic features, of and relating to Medical Matrimony, and all the registered and unregistered marks including the mark Medical Matrimony are Intellectual Property Rights of Medical Matrimony. Any use of the said Intellectual Property Right, without permission of the owner, shall amount to a violation of the rights and interest thereunto and Medical Matrimony reserves its right to take appropriate legal recourse.
- The User shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, creative derivate works from, or in any way exploit any proprietary materials, or any other proprietary rights including intellectual property rights of Medical Matrimony, in whole or in part. Subject to the User’s compliance with this Agreement and any other relevant policies related to Medical Matrimony, Medical Matrimony grants the User a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use Medical Matrimony and the Proprietary Materials for the User’s own non-commercial and personal purposes consistent with the intended purpose of Medical Matrimony. The User agrees not to use Medical Matrimony for any other purpose, whatsoever.
Distribution/Uploading of Content
- The Users acknowledge and agree that the information shared by them with Medical Matrimony and the matrimonial advertisements/classifieds being posted by them on the Website and circulated amongst the agreed subscriptions are true and authentic. In the event where the information/content shared by any User is untrue, false and misleading, the Medical Matrimony on such knowledge will delete such content and the Account of the User without any notice, whatsoever. It is clarified that the User is using the services of Medical Matrimony at its sole risk and hence has no right to hold Medical Matrimony liable for any loss or damage caused to them due to this untrue information shared by another User.
- The Users are prohibited from posting on or transmitting through Medical Matrimony any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal or offensive.
- Without limiting the foregoing, the User may not post, modify, distribute, or reproduce in any way on Medical Matrimony any copyrighted material, trademarks, or other proprietary information belonging to others and/or Medical Matrimony unless the User has first obtained the prior written consent of the owner of such proprietary rights. As per Medical Matrimony’s policy, it will terminate the account of anyone who infringes the copyright or other Intellectual Property Rights of others upon receipt of proper notification from or on behalf of the rightful owner.
- By submitting and/or advertising the content or materials on Medical Matrimony, including, without limitation, uploading any materials, choosing an Account name or participation in any chats, the User automatically grants Medical Matrimony, or warrants that the owner of such content has expressly granted Medical Matrimony, the royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute the User content and/or promotional material, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and the User’s profile name, actual name, caste, advertisements, classifieds, etc in whole or in part worldwide.
- The User understands and agrees, however, that Medical Matrimony may retain, but not display, distribute, or perform, server copies of content that has been removed or deleted. Subject to these grants, the User retains any and all rights which may exist in his/her content.
- Medical Matrimony may disclose any on the User’s content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Medical Matrimony; (iii) to protect the rights or property of Medical Matrimony and its officers, directors, employees and agents; or (iv) to protect the Medical Matrimony Providers and any other user.
Representations and Warranties
- Medical Matrimony is pleased to hear from our customers and welcome their comments on Medical Matrimony. Unfortunately, however, company policy does not allow Medical Matrimony to accept or consider creative ideas, suggestions or material other than those it has specifically requested. Medical Matrimony hopes the User will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by its professionals might seem to others to be similar to their own creative work. Accordingly, Medical Matrimony must, regretfully, ask that the User does not send Medical Matrimony any original creative materials such as original artwork. While Medical Matrimony does value the User’s feedback on Medical Matrimony, it is requested that the User be specific in his/her comments and not submit any creative ideas, suggestions or materials.
- If despite Medical Matrimony’s request, the User sends it creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Unsolicited Submissions“), such Unsolicited Submissions shall be deemed and shall remain, the property of Medical Matrimony. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of Medical Matrimony, and Medical Matrimony shall not be liable for any use or disclosure of any Unsolicited Submissions.
- Without limitation of the foregoing, Medical Matrimony shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. The User waives any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions the User makes at Medical Matrimony’s specific request unless otherwise agreed in writing.
4. PAID SERVICES
5. THIRD-PARTY PROVIDERS
- Medical Matrimony will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of any information, or for ensuring the confidentiality of his/her credit/debit card information. Any separate charges or obligations the User incurs in his/her dealings with these third parties will be his/her responsibility and are not part of the fee, if any, charges.
- In addition, the User’s agreement and understanding with any such third-party service provider is solely between the User and such service provider. Medical Matrimony shall not be a party to, or in any way be responsible for, the User’s agreement with such third-party service provider.
- Any disputes the User may encounter with such third-party service provider shall be settled solely between the User and the service provider.
7. CONDUCT OF THE USER
- The User’s purchase of any services on Medical Matrimony and/or payment of subscription fee/package and/or content through Medical Matrimony constitutes the User’s representation and warranty that the User is of legal age of 18 years or above to form a binding contract and that the User is not a person barred from using Medical Matrimony by any law or decision of an authority.
- The User, under The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, hereby consents to provide any ‘Sensitive personal data or information’ such as financial information such as bank account or credit card or debit card or other payment instrument details or any other information detail, required by Medical Matrimony at any time to provide its services.
- The User hereby also agrees to use Medical Matrimony only for lawful purposes. Specifically prohibited activities include, but are not limited to:
- criminal or tortuous activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming,, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- attempting to circumvent, disable or otherwise interfere with security-related features of Medical Matrimony or features that prevent or restrict use or copying of any content or enforce limitations on use of Medical Matrimony or the content therein;
- using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
- interfering with, disrupting, or creating an undue burden on Medical Matrimony or the networks connected to Medical Matrimony;
- posting, sharing, uploading of content that includes personal or identifying information about another person without that person’s explicit consent;
- attempting to impersonate any person or entity, including, but not limited to a Medical Matrimony employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- soliciting personal information from anyone under the eighteen (18) years of age;
- using any information obtained from Medical Matrimony in order to harass, abuse, or harm another person;
- using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
- using Medical Matrimony in a manner inconsistent with any and all applicable laws and regulations
- using Medical Matrimony in a commercial manner.
8. USER ACCOUNT, SUSPENSION AND TERMINATION
- In order to access Medical Matrimony, the Users are required to register an Account. When creating/signing up for the Account, the Users are required to provide us with certain personal information, which includes but not limited to the User’s name, mobile number, birth date, time and place, email address, education background, family background, profession, caste etc. Once the User has created an Account and registered themselves with Medical Matrimony successfully, they will be able to post their matrimonial advertisements and/or classifieds post paying for the package providing services they want to avail.
- The User acknowledges that his/her account is identified and linked through his/her mobile number or email address through which he/she have registered on Medical Matrimony. In the event, where the User has more than one account linked through his/her mobile number or email address, Medical Matrimony reserves the right to remove or restrict the use of such duplicate accounts.
- The Users are responsible for: (i) keeping confidential any password that the Users created to use any aspect of Medical Matrimony requiring registration, and (ii) restricting access to the User device being used to access the services. The User agrees to accept full responsibility for all activities that occur within his/her Account. The User must notify us immediately of any breach of security or unauthorized use of his/her Account.
- Although Medical Matrimony will not be liable for the User losses caused by any unauthorized use of the User Account, whether with or without the User’s knowledge, the User shall be liable for Medical Matrimony’s losses or the losses of Medical Matrimony’s third-party licensors, content providers, advertisers, sponsors, and service providers (collectively, “Medical Matrimony Providers”) due to such unauthorized use.
- Without limiting anything in this Agreement, Medical Matrimony reserves the right, in its sole discretion, to restrict, suspend, or terminate the User’s Account and/or the User’s access to any or all parts of Medical Matrimony at any time, for any or no reason, with or without prior notice, and without liability, including in the event Medical Matrimony stops offering any aspect of its services. Medical Matrimony expressly reserves the right to restrict, suspend and/or terminate the User’s access to any part of Medical Matrimony if Medical Matrimony determines, in its sole discretion, that the User has violated any of the terms of this Agreement. Any amount paid by the User for a certain package/service shall be immediately forfeited in case of termination of the User’s Account.
- The User is subject to all the State laws in which the User resides and from which he/she accesses Medical Matrimony as well as the central laws and is solely responsible for obeying those laws.
- The User agrees that Medical Matrimony cannot be held liable if laws applicable to the User restricts or prohibits his/her usage of the services provided by Medical Matrimony.
- Medical Matrimony makes no representations or warranties, implicit or explicit, as to the User’s legal right to publish/advertise/use the services nor shall any person affiliated, or claiming affiliation with Medical Matrimony has authority to make any such representations or warranties.
- INTERACTIONS AND DEALINGS WITH OTHER USERS
- The User acknowledges and agrees that Medical Matrimony shall not be liable for any interactions between the Users on the Website. This includes, but is not limited to, information exchanged via chats and direct messages on the Website, payment, and delivery of any goods and services, and any other terms, conditions, warranties or representations associated with any interaction the User may have with other Users or third parties. These interactions and/or dealings are solely between the Users or between User and third party.
- The User agrees and acknowledges that Medical Matrimony shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or dealings. If there is a dispute between the Users, or between users and any third party, the User understands and agrees that Medical Matrimony is under no obligation to become involved in such dispute. In the event that the User has a dispute with one or more other Users, the User hereby releases Medical Matrimony, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Medical Matrimony services.
- When the User provides details of the payment settlement system mode that the User proposes to use, the User represents that he/she is the authorized user of the payment settlement system mode (Credit Cards, Debit Cards, net banking, digital payments etc.) that is used to buy the different packages and services/subscriptions being offered by Medical Matrimony. The User agrees to promptly notify Medical Matrimony of any change to his/her payment settlement system details for any reasons.
- When making a payment, the User shall ensure that the instrument (Credit Cards, Debit Cards, net baking, digital payments etc.) used to make the payment for purchasing the packages/services/subscriptions is his/her own.
- The cash/debit/credit transactions shall, at all times, be done through Indian banking systems involving Indian currency.
- Medical Matrimony, at its own discretion, offers promotions to the Users by bonuses, free subscriptions for a certain period of time and various other means.
- Medical Matrimony shall award “new user sign-up incentives” to each new User who signs up on the Medical Matrimony website. The value, type, and quantity of the incentives shall be prescribed from time to time.
- Participation in these by proxy is not permitted. Participation in these promotions shall be voluntary.
- Medical Matrimony may, at its sole and absolute discretion, disqualify any User from a Promotion if such User engages in or it is found that such User has engaged in any illegal, unlawful or improper conduct.
- Medical Matrimony reserves the right to withhold the benefits of a Promotion in the event that it determines or reasonably believes that the participating User has violated these Terms & Conditions of the Medical Matrimony.
- Medical Matrimony reserves the right to change/modify/or withdraw any of the Promotions and/or change Promotion terms without any prior notice of the same at its sole discretion and therefore, the User is advised to please visit the Medical Matrimony Website and/or App and keep himself/herself updated and informed.
- APPLICABLE LAW AND JURISDICTION
- These Terms & Conditions shall be governed by and construed in accordance with the laws of India, without giving effect to its conflict of law principles. Each of the Parties hereto consents to the exclusive jurisdiction and venue of the courts of New Delhi, India.
- The User hereby irrevocably and unconditionally consents to submit all disputes pertaining to these Terms & Conditions to the exclusive jurisdiction of a sole arbitrator appointed as per the Arbitration and Conciliation Act 1996, as amended from time to time. The seat of arbitration shall be New Delhi and the language of the proceedings shall be English.
- ELECTRONIC SERVICE PROVIDERS (ESPS)
- When the User uses Medical Matrimony, he/she will be required to send money to Medical Matrimony to be able to avail of its services. To process such financial transactions, Medical Matrimony may use third-party electronic payment processors or service providers (ESPs). As required, the User permanently authorizes Medical Matrimony to instruct such ESPs to handle Account deposits and withdrawals from the User’s account.
- The User also permanently agrees that in accordance with the User’s request as submitted, Medical Matrimony may give such instructions on the User’s behalf.
- The User agrees to be certain by the terms and conditions of use of each appropriate ESP. In the event of a conflict between these Terms & Conditions and the ESP’s terms and conditions, these Terms & Conditions shall prevail.
- NOTICE OF INFRINGEMENT
- Without limiting the foregoing, if the User believes that any content, including User Content, or other materials, posted on Medical Matrimony constitutes an infringement of User’s intellectual property rights, Medical Matrimony will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: firstname.lastname@example.org
- To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the intellectual property work claimed to have been infringed, or if multiple intellectual property works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- NO SPAM POLICY
- NON-COMMERCIAL USE
- Medical Matrimony User Account is for the User’s personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- Any use of the Medical Matrimony User Account in violation of the above provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking is prohibited.
- ELECTRONIC COMMUNICATIONS
- When the User uses Medical Matrimony Account or sends emails to us, the User is communicating with us electronically. The User consents to receive communications from us electronically. Medical Matrimony will communicate with the User by email or by posting notices on Medical Matrimony.
- The User agrees that all agreements, notices, disclosures and other communications that Medical Matrimony provides the User electronically satisfy any legal requirement that such communications be in writing.
- LIMITATIONS ON WARRANTY AND LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE WEBSITE AND THE SERVICES IS ENTIRELY AT THE USER’S SOLE RISK AND THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. MEDICAL MATRIMONY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEDICAL MATRIMONY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES. MEDICAL MATRIMONY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISED MATRIMONIAL BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDICAL MATRIMONY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PLATFORM OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USER ACKNOWLEDGES AND AGREES THAT HIS/HER SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEDICAL MATRIMONY OR ITS LICENSORS ARISING OUT OF OR RELATING TO ITS SERVICES IS TO STOP USING MEDICAL MATRIMONY, AND TO CANCEL THE USER ACCOUNT. IN NO CASE SHALL MEDICAL MATRIMONY’S OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY KNOWN AS “MEDICAL MATRIMONY AFFILIATES”) LIABILITY TO THE USER EXCEED THE AMOUNT THAT THE USER PAID TO MEDICAL MATRIMONY FOR ITS SERVICES. IN NO EVENT SHALL MEDICAL MATRIMONY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MEDICAL MATRIMONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE USER’S USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE MEDICAL MATRIMONY WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT MEDICAL MATRIMONY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. THE WEBSITE IS CONTROLLED AND OFFERED BY MEDICAL MATRIMONY. MEDICAL MATRIMONY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To reach Medical Matrimony’s customer support team, the User is required to e-mail at [*]. It will expedite the User request for assistance by providing Medical Matrimony’s representatives with all the information they need to solve the User’s problem as quickly as possible.
- Updates To Medical Matrimony
Medical Matrimony may find it necessary to update, or reset certain parameters to balance the usage of its services. These updates or “resets” may or may not cause the User setbacks within the relevant competitions and may affect profiles, advertisements or other entitlements under the User’s control. Medical Matrimony reserves the right to make these updates and is not liable to the User for these changes.
The User is requested to contact us at email@example.com for any questions regarding customer relations and any issues arising from the User activity.
- Entire Agreement
All communications between the User and Medical Matrimony shall be in written form via Electronic mail.
To contact Medical Matrimony in relation to its services, the User is required to submit a support request to customer support team to 72, Ansari Road, Dariya Ganj, New Delhi, Delhi 110002
Modified on:17 September 2018