Welcome to Shuba Muhurtham (herein referred as SMM).
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 as your use of the Website and associated SMM Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of website, You also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/SMM member subscribe to or use the SMM Services. If you do not want to be bound by the Terms and Conditions, you must not use the Website or App-Applications or the SMM Services.
Shuba Muhurtham [SMM] 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 SMM's already registered users, for seeking prospective lawful matrimonial alliances for themselves.
SMM Members are provided with free/paid access for searching profiles from the database of SMM, as per the partner preference set by you (on the Website/Applications - (App) and you shortlist the prospective alliances yourself.
SMM Membership is guided by the terms and conditions mentioned herein below. By using or accessing the CM Services, you agree to be bound by all the terms and conditions ("Agreement"):
SMM does not authenticate any information of any profile and hence you as a user need to verify the credentials and information provided by other users.
a) SMM 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.
b) Further in capacity as SMM 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. Legally competent to marry as per the law applicable to you (however you may register on our website/App by stating "Awaiting Shuba Muhurtham"), and
III. Not prohibited or prevented by any applicable law for the time being in force from entering into a valid marriage.
a. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal information's to SMM. You would appreciate that efficient and effective match making through our automated system depend upon yourself furnishing true, accurate, current, complete information and photos etc. 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. You further undertake that you alone shall be responsible or liable for any information provided to SMM. In order to serve you better if SMM requires additional details you agree to provide it. SMM shall reproduce the registered member details on "as is as available" basis to other registered members, and SMM members shall be solely liable for the information given by such SMM member.
b. If at any point of time SMM 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 then SMM shall have full right to suspend or terminate (without any notice) your SMM membership and forfeit any amount paid by you towards SMM membership fee and refuse to provide CM service to you thereafter.
c. SMM Membership is restricted strictly to the registered SMM individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of SMM and nor use the SMM Service or SMM members data for any commercial purpose, and SMM reserves its right to initiate appropriate legal action for breach of these obligation.
3. Role and Responsibility of CM
a) SMM is an endeavor to help you find your dream life partner (prospect) through of process of automated searching, shortlisting and contacting prospects amongst our registered members.
b) SMM reproduces your details once you register on our website /App on "as is as available" basis and also share your profile with other registered SMM members within our consortium of website(s).
c) SMM's obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance from third party / persons from amongst the other registered members of the Website/App. You agree that the system generated search results of SMM are only of the profiles registered members on Website/App.
d) SMM's automated system offers match making profiles between its registered members based on the partner preference set by each such SMM member.
e) The search conducted by any SMM member and the results thereof are automatically generated, and based on the partner preference set by you. In the event SMM member changes their partner preference on the Website/App, then the automated system generated prospect results of the Website/App may also undergo corresponding change.
f) SMM 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 SMM servers
4. Role and Responsibility of SMM Member
a. To protect the broader interest of the registered SMM member and increase the efficiency, SMM members ensure to keep their username and password safe and confidential for using the SMM services.
b. Any additional information / data required by SMM for using the CM services shall be provided by the SMM Member, as and when so sought by SMM.
c. In case partner preference is modified by SMM member, then the automated system generated prospect search results in website /App may also undergone corresponding changes.
d. SMM members are requested to exercise due care and caution while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. SMM shall not be liable for short coming due to any misrepresentations made by any of its SMM members.
e. SMM Members are expected to verify the credentials of the prospect such as family status, marital status, educational qualifications, financial status, occupation, character, health status, etc.
f. To get better search results, SMM Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs/ photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and SMM shall retain their right under clause 2 (b) of this terms and conditions.
g. CM Members are expected to refrain from :
i. Entering into any financial transactions with prospects.
ii. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
iii. Entering into physical relationship with any prospect before marriage.
iv. Violating any law for the time being in force.
v. From mentioning details of other matrimonial services while sending personalized messages.
h. SMM Members are expected to be cautious of prospects who ask for favors, 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.
i. The SMM 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 SMM member.
j. You also agree that while accessing / using the Website/App, you will be guided by the terms and conditions of the Website/App including, viewing horoscope of prospects, enhancing privacy settings (photo/horoscope/phone number) .
k. SMM member shall not assign or transfer your SMM membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and SMM shall retain their right under clause 2 (b) of this terms and conditions.
l. If the SMM Member fails to inform SMM, about any change in the particulars furnished by SMM member to other SMM member, then the SMM membership may be suspended by SMM at its sole discretion
m. SMM Members agree to use secure devices, software and networks for accessing the CM services.
o. SMM Members shall not probe, scan or test the vulnerabilities of the CM Website/App or any network connected to the Website/App nor breach the security measures instituted by CM.
5. Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact us:
Email ID : [email protected]
Contact No :+91 9940881778
Shuba Muhurtham Matrimony,
No 5/17, Uma Nagar, , Hasthampatty ,
Salem, Tamil Nadu- 636007
I. SMM has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the prospect furnished by SMM members and SMM may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, SMM/SMM member may divulge such information if required by law.
II. Any feedback you provide to SMM shall be deemed to be non-confidential. SMM 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) SMM 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 SMM for the feedback under any circumstances.
III. You agree that SMM has all the right to process your data through the automated process to serve you with suitable profiles (based on your set partner preference) from SMM or its consortium of websites and may also send you communication in this regard.
7. Privacy of Membership
SMM has taken reasonable steps to protect the SMM member's privacy and shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by SMM and that SMM will have no liability for any such act. SMM member understand and agree that SMM will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.
You agree that, when you use third party services through Website/App, you hereby grant SMM the right to share your information needed for providing such third party services to you or in relation to processing your information for office use of CM/its payment gateway and/or such third party service providers.
8. Disputes between Members
i. You and the prospect are both registered SMM members and are bound by these terms and condition. We request you give truthful information about yourself on the Website/App to avoid dispute between you and the prospect.
ii. SMM is not a broker or the agent of any SMM member and SMM does not partake in the exchange of any kind of discussion between the SMM members and prospects or the results of their discussion.
iii. SMM Member's are solely responsible for the communications (through any medium) with prospect or vice versa. SMM expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any SMM members inter se via e-mail, chat, interaction or any other medium of communication between SMM members either using website /App or otherwise.
iv. SMM has no obligation, to monitor any such disputes arising between the SMM members, and SMM shall not be party to any such dispute/litigation etc.
9. Content Right
I. shubamuhurthammatrimony.com is a domain registered in the name of shubamuhurthammatrimony.com. You agree that all content of SMM excluding your or third party content including advertisement on the Website/App for which CM has requisite license/right in terms hereof to display the same on our Website/App.
II. You acknowledge that you are responsible 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 SMM profile or subsequently modified by you and also for all the post and communication 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 SMM, you hereby grant SMM 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 SMM'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. SMM 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 data entered by the SMM members in their profile.
III. While SMM does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms, then SMM 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 SMM may at its sole discretion put restriction on any SMM member to other member's communications.
IV. SMM reserves the right to suspend/delete the profile of the users who appropriate the name, likeness, email address, contact no or other personally identifiable information of another individual and SMM also reserves its right to initiate appropriate legal action against such individual/organization, as and when SMM get the knowledge of the same.
V. In the event we get a 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.
10. Third Party website
b) The SMM members agrees and understands that SMM may also allow third parties to provide SMM members services on the website/App like horoscope matching etc., and SMM may also collect the payment for such third party services to you, and SMM in this regard can have revenue sharing arrangement with the such third party, however in no event shall SMM be liable to you for such third party services.
c) SMM reserves the right to add/delete/alter/modify/suspend any or all the SMM Services at any time as it may deem fit, without notice. The SMM members are expected to see the change on the Website/App.
11. Limitation of liability
a) SMM likes to inform you that the exchange of profile(s) through or by SMM should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the SMM member, from/ or by SMM.
b) Notwithstanding anything to the contrary contained herein, SMM'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 SMM, for any specific SMM paid package, and no further.
c) SMM will not be liable in case of any wrong match made due to any available data/profiles from the SMM.
d) SMM or its office bearers shall under no circumstances be liable, if any, SMM member enter into financial transaction with any prospect or third party.
f) SMM or its office bearers shall under no circumstances be liable, if any SMM member's approaching other SMM members for the matrimonial alliance, is not responded/reciprocated by the other registered SMM member(s).
12. Class Action Suits
You and SMM acknowledge that neither of us will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor SMM agrees to class arbitration.
i. The SMM Website/App shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof.
ii. SMM website/App act's as an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
iii. 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 SMM services as per clause 2 (b) of these terms and conditions.
iv. Notwithstanding anything contained herein, SMM reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on SMM/website/App (once such instance come to SMM notice) in order to ensure compliance with the rules of such placement, 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. SMM 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.
v. In case of conflict between the terms and condition of Website/App and terms and the terms and condition of SMM Website/App shall prevail for the service provided through this Website/App.
vi. After the expiry of the SMM paid package, the SMM member's profiles shall remain on SMM, until the CM member intimate the finalization of his/her marriage/existence of the Website and intimates the website for removal/deletion of once profile.
a. Your access to and use of the SMM Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SMM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, SMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMM does not warrant that the Website/App, its servers, or e-mail sent from SMM are free of viruses or other harmful components. SMM will not be liable for any damages of any kind arising from the use of this SMM Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
b. SMM 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 CM services (both paid and free).
c. Notwithstanding anything contrary contained anywhere, under no circumstances, SMM shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by SMM/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 SMM);
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 cybercrime 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.. SMM Members are expected to counter check the veracity of the documents submitted by the prospects while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. SMM do not claim the authenticity or ownership of the home or office address scheduled for an appointment as being the member's actual or legal place of residence or employment respectively. SMM Members are requested to exercise due care and caution while shortlisting the prospect and satisfy themselves before making a choice of your match through adequate efforts, initiatives and due diligence. SMM will not be liable for any damages of any kind arising from the use of this Website/App including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
ix. You 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.
xi. You expressly agree that your use of this Website/App is at your sole risk.
By using our SMM services you agree to defend, indemnify, and hold harmless SMM, 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 SMM. This defense and indemnification obligation will survive in perpetuity.
You agree that if we receive feedback/ complaints against your profile in relation to the facts that you are seeking physical / financial favors from our other registered members or have provided incorrect information on our website/App or committed any unlawful/illegal activities through the use of our website/App or 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, then we/SMM in good faith reserve our right to suspend/delete your profile at our sole discretion without any notice to you, we also reserve to stop all SMM services to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions.
SMM reserves the right to forthwith terminate your SMM membership, block/delete your profile and forfeit entire amount paid as membership fee; if at any time SMM, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions of use. We also reserve our right to file appropriate police complaint against you, if the breach of these terms and conditions is/are criminal in nature.
a. Unless otherwise provided in these Terms and Conditions, SMM membership may be terminated by SMM / you without assigning any reasons by serving 7 days written notice on the other, all amount paid till date by you to SMM shall be forfeited.
b. Upon termination / suspension of SMM membership, your right to use or access the SMM Website/App SMM 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 SMM Services shall not relieve you of any obligations arising or accruing prior to such termination.
18. Mode of Payment
a. All payments to SMM shall be by way of Cash/Cheque/Credit/Debit Cards/Netbanking/RTGS/mobile wallets/UPI with the prevailing RBI guidelines. Activation of paid CM 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 CM service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.
b. SMM uses third party payment gateways for collection of credit/debit card or other payment instruments. In case of payment gateway failure the same would be communicated to the SMM member by the payment gateway provider. SMM shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, SMM offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateway.
A. All SMM paid package users can renew the paid package.
B. The payments made by SMM member to SMM by way of registration / membership / renewal fee / auto renewal is/are treated as non-refundable. Payment once made for CM services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.
C. SMM members cannot put the paid SMM service on hold even temporarily, for any reason whatsoever. Based on the tenure of paid SMM service and date of payment taken, the expiry of paid SMM service will automatically happen on expiry of the applicable paid package taken by you.
i) 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. We would send an electronic mail to your id registered with us for your automatic renewal.
ii) 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 cost prevailing at that point of renewal shall be applicable.
After availing our services and if you opt for chargeback, we will have the right to suspend your profile and take action against you as we deem fit without any notice to you.
21. Your Mobile network
a) You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the app. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the app or any such third party charges as may arise. You accept responsibility for any such charges that arise.
b) This app is available to handheld mobile devices running Android Operating System / Apple Operating System. We will use reasonable efforts to make the app available at all times. However you acknowledge the app is provided over the internet and mobile networks and so the quality and availability of the app may be affected by factors outside our reasonable control. We reserve the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice.
c) It is our discretion to update/maintain our app or to remove any features from our app as we may think fit. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld 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, handheld device or mobile telephones as a result of the installation or use of the app.
22. Jurisdiction and Applicable Law
a) The registration of SMM membership and all SMM services are deemed to have been entered into within the territorial Jurisdiction of Chennai, India.
b) The SMM 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.
23. Arbitration of Disputes.
The Parties shall discuss among themselves and resolve any disputes informally. SMM is always 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 days from the date of such dispute, then such dispute may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. Please go through this link for Arbitration process.
However, Disputes relating to infringement of SMM intellectual property rights, which SMM may elect to have resolved by means other than arbitration. Notwithstanding the above, both the parties agree that in connection with any Dispute, our rights will be determined by an independent arbitrator and not my any Jury, Judge or a Court. The arbitrator disputes will be according to the rules of Arbitration and Conciliation Act, 1996 with Chennai, Tamil Nadu, India as the venue of Arbitration. The Language of Arbitration shall be in Engllish.
Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
25. Limitation of Time Period to Commence a Dispute.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
You hereby, unconditionally and irrevocably confirm that you have read terms and conditions and agree to abide by them and the information provided by you is true and correct.