TERMS OF USE AGREEMENT

Please read these terms of use agreement (‘Agreement’) carefully. The use of this application is conditional upon your acceptance of the agreement. You will be deemed to have accepted these terms of use by continuing to use this application, regardless of whether or not you register as a member. If you do not agree to all of these terms, do not access or use our sites or our services.

The site is intended for users between the age of 18 and 50 years. Persons under the age of 18 are not permitted to register for the application.

Our services only facilitate lawful marriages between persons who are legally competent to marry under the laws to which they are subject.

1. INTRODUCTION

1.1. This Agreement is a legal agreement that governs the relationship with Users that interact with www.myswayamabar.com (the “Site”) owned by Gurumanjari Group Pty Ltd, a company incorporated in New South Wales, Australia under the Corporations Act 2001, and its subsidiaries and affiliates (“Company”, “My Swayamabar”, “we,”, “our” or “us”) in connection with the use of our Site and Services.

1.2. Our Services include the online platform, website, blog, social media accounts, Applications or software program developed by Service Provider from time to time pertaining to matrimonial service only (the Sites, the applications, the downloadable products and all products, services and features provided by us in connection therewith shall be referred to collectively as, the “Services”). We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

1.3. All visitors to or users of our Site or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.

1.4. This Agreement and any policy or guideline of the Services may be modified by us at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Site. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

1.5. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.6. By creating an account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you) and Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

1.7. We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. ELIGIBILITY

2.1. By accessing or using the Services, you represent and warrant that:

2.1.1. You are at least 18 years old.

2.1.2. You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2.1.3. You have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity.

2.1.4. You have not previously been suspended or removed from the Services or by any other like service provider.

2.1.5. Members who are divorced are allowed to create a profile on the Site subject to uploading a certified copy of divorce decree/s issued by a competent court.

2.1.6. The Services are not bound under any visa process. No migration visa will be processed.

2.1.7. All registration information you submit will be true, accurate, current, and complete. User undertakes and acknowledges that they are solely responsible for the Content that they post, enter, publish, transmit, photos, emails, messages, chats or profile details on the Site.
2.1.8. You will maintain the accuracy of such information and promptly update such registration information as necessary;

3. USER REGISTRATION

3.1. You may be required to register with the Site in order to access the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. REGSITRATION AND PAYMENT (Membership: Term, Fee and Security)

4.1. The Applicationpresumes that each and every User, who logs on to the Application has an intention to get married and enter into a matrimonial alliance and not otherwise.

4.2. We are under no circumstances responsible for any loss or damage resulting from anyone’s use of the Site and/or any content posted on the Site or transmitted to Users. There can be exchange of matrimonial profile(s) through or by the Site. The Site shall not be responsible for any loss or damage to any individual arising in/out of, or subsequent to, matrimonial relations established pursuant to use of the Services.

4.3. User can register as a Member of the Site at no cost. As a non-paying Member, User will have no access to the features and services of the Site. In order to activate the profile, User will have to pay a service fee. For purpose of this Agreement the term “Member” also includes subscribers, unless where its usage indicates otherwise. From time-to-time the Site may remove the profiles of non-active subscribers without any prior notice.

4.4. Method of payment includes, bank transfer, cheque, Mastercard and PayPal

5. SAFETY; YOUR INTERACTIONS WITH OTHER MEMBERS

Though My Swayamabarstrives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members.

You are solely responsible for your interactions with other members. You understand that my swayamabar does not conduct criminal background checks on its members or otherwise inquire into the background of its members. My swayamabarmakes no representations or warranties as to the conduct of members.

6. OTHER MEMBER’S CONTENT

Although My Swayamabarreserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and My Swayamabar cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.

7. USE OF THE SERVICES

7.1. You acknowledge that your use of the Service and the Application is solely at your own risk.

7.2. You must ensure that your access to the Application and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.

7.3. You are solely responsible for your interaction with other members of the Services.

7.4. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

7.5. You agree that any material or information provided by you, including Personal Data (which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with any applicable laws. Specifically, you consent to the Company using material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant sites owned and operated by the Company. You acknowledge that any such material or information provided by you will be available for other members or users of the Application to read.

7.6. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.

8. MAIL ORDER BRIDE MARRIAGES

8.1. This Application does not, and must not be taken to, in any way, aid, procure, promote or provide “mail order bride” marriage-matching services to its users.You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages.

8.2. If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Applicationfor any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 17 will apply to your breach of any legislation prohibiting marriage-matching.

9. PROHIBITED ACTIVITIES

9.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

9.2. you will not disclose any information provided to you through the Services to anyone without the prior permission of the person who provided it to you;

9.3. you will not use the Services to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libellous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights);

9.4. you will not use the Services to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence;

9.5. you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;

9.6. you will not harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the services to transmit “spam”, chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;

9.7. you will not use the Services or the Application for any unauthorized commercial purposes;

9.8. you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Application;

9.9. you will not send money or provide financial information to any person that you have communicated with or met via the Application. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behaviour. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the “report abuse” function on the member’s profile;

9.10. you will not solicit or attempt to solicit passwords from other members;

9.11. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;

9.12. you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;

9.13. you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;

9.14. you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;

9.15. you will not use non-human or automated bots to login to the Service;

9.16. when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive (Offensive Conduct). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;

9.17. you are over 18. All members of our Application are required to be over 18. Company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate law enforcement agency.

10. INTELLECTUAL PROPERTY OWNERSHIP

The Company retains all rights, titles, and interests in the Services and the Site and the corresponding intellectual property rights and reserves all rights not expressly granted.

10.1. Copyright: Copyright in the Services and the Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:

10.1.1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Application; or

10.1.2. Commercialize any information, products or services obtained from any part of the Service or the Application;

without our prior written permission.

10.2. Trademarks: Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trademarks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trademarks:

10.2.1. in or as the whole or part of your own trademarks;

10.2.2. in connection with activities, products or services which are not ours;

10.2.3. in a manner which may be confusing, misleading or deceptive; or

10.2.4. in a manner that disparages us or our information, products or services (including without limitation, the Service and the Application).

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1. Consumer rights under Australian Consumer Law

11.1.1. For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).

11.2. Guarantees for goods and services for personal, domestic or household use or consumption

11.2.1. In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.

11.3. Guarantees for goods and services that are not for personal, domestic or for household use or consumption

11.3.1. In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:

11.3.1.1. in the case of goods:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the replacements of such goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; and

11.3.1.2. in the case of services:

(a) the supply of the service again; or
(b) the payment of the cost of having the services supplied again.

11.4. No warranties as to accuracy

11.4.1. Subject to clause 9.2 and 9.3, we do not make any representations or warranties that the material or information provided through the Services or on the Site (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Services or the Site will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Services or on the Site. You should make your own enquiries before acting or relying on any information or material which appears on the Site. You acknowledge that any reliance upon any such material or information shall be at your own risk.

11.5. No warranties as to availability

11.5.1. Subject to clause 9.2 and 9.3, we do not warrant that the Services or the Site will be uninterrupted or error-free. The Services is distributed on an “as is” basis. There may be delays, omissions, and interruptions in the availability of the Services or the Site. Where permitted by law, you acknowledge that the Services (and the availability of the Site) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

11.6. Implied warranties excluded

11.6.1. To the extent permitted by law and subject to clause 9.2 and 9.3, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

11.6.1.1. if the breach relates to goods:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; and

11.6.1.2. if the breach relates to Services:

(a) the supply of the Services again; or
(b) the payment of the cost of having the services supplied again.

11.7. No liability for loss

11.7.1. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Application or any Linked Applications or Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service, Application or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:

11.7.1.1. The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Application or with any delay or inability to use the Service or the Application, or for any information, products and other services obtained through the Service or the Application, or otherwise arising out of the use of the Application, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;

11.7.1.2. The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Application nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Application by other members or users;

11.7.1.3. The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.

12. SPECIFIC WARNINGS REGARDING ONLINE MATRIMONIAL SERVICES AND DATING SITES

12.1. Risks

12.1.1. You acknowledge that there are risks involved in engaging in Services such as provided by us, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person.

12.2. No warranty as to identity of members

12.2.1. You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Services is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Application.

13. Indemnity

13.1. To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:

13.1.1. any breach by you of these terms;

13.1.2. any unauthorised use of the site that can be connected or associated to you;

13.1.3. any breach by you of any law; and

13.1.4. any act or omission that you may do in connection with the site.

14. GOVERNING LAW

14.1. This Agreement is governed by the laws in force in New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.

15. Licensed Application on End user Licence agreement

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

16. General

16.1. Failure to Comply: The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

16.2. No Waiver: If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

16.3. Severability: If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.

16.4. Language of Agreement: The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.

16.5. Variation: We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Application. Your continued use of the Application following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

16.6. Assignment: You must not assign any of your rights under this Agreement or in respect of the Services or Site to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company’s obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.

16.7. Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Application.