TERMS OF USE / SERVICE AGREEMENT

The terms and conditions laid down herein are hereby exclusively called Instamatch's Terms and Conditions ("Terms"). This, by virtue of use of the Application/Platform/Website/Service, is in the shape, form and existence as a services contract between the user of the mobile-application / digital-platform / online-website / service (“You”) and Instamatch (“App”), which is wholly and solely owned by its parent company, namely “Dream Instamatch Private Limited”.

It is of utmost importance that the You, the user of the App, must read and understand these present Terms of Use / Terms and Conditions / Terms of Service before using the App, as once you access, view or use the App on desktop or smartphone, you will be legally bound by these Terms of Use / Terms and Conditions / Terms of Service.You can also refer to our “Privacy Policy” for further information.

This Terms of Use is published in accordance with the Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.

The App is a matchmaking platform which provides its users to define and refine their search for a match based on their requirements i.e., either
(i) Marriage
(ii) Casual dating.

Access to the Instamatch app is free. However, Instamatch offers Premium Memberships wherein one can promote his/her Profile on various Instamatch services such as subscription for higher visibility and other such similar paid/premium services available to the users on the App.

ACCEPTANCE OF TERMS OF USE AGREEMENT

In order to use Instamatch, You, the user, must register as a member on the mobile phone based application of Instamatch. It is hereby elucidated that Instamatch is only an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the App and to become a member thereof.

For purposes of this Agreement, the term "Member" means a person who voluntarily submits information to the App whether such person uses the Service as a free member, or a paid member and User shall mean a person who actively uses the App to promote his/her profile for casual dating/matchmaking purpose.

By using the App, You agree to be bound by these Terms of Use ("Agreement").

By using the App, you consent to submit your personally identifiable information including sensitive personal data such as your financial data if opted for our paid membership and/or opted for background check and verification services, Identity proofs if submitted, etc to collect, process, display and use the said information to provide the Service and to contact You by other Members of the App. If you have any objection in collecting/processing your personal data, we advise you not to register with our App.

In case you want to withdraw this consent and/or have any objection in continuous collection or storage of your personal details, it is imperative that You must discontinue using Our Service and delete your account on the App.

ELIGIBILITY

  • To register as a Member of Instamatch or use the App, you must be legally competent and of legal marriageable age as per the laws of India (currently, 18 years or over for females and 21 years or over for males).
  • Instamatch application is only to facilitate personal advertisement for casual dating and/or lawful marriage alliance between persons who are legally competent to enter into matrimony under the laws to which they are subject. Membership in the Service is void where prohibited.
  • By using the App, you represent and warrant that you have the right, consent, authority, and legal capacity to enter into this Agreement; submit relevant information to us; and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from entering into matrimony.
  • You further confirm that You, the user of the App intend to seek a casual dating partner or life partner (matrimony) and that you shall not use the matrimony service for any other purpose i.e., matrimony service shall not be used for casual dating or for any commercial use. You also agree to abide by all of the terms and conditions of this Agreement and use the service in conformity with all applicable laws. If at any time Instamatch is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation, or violated any provisions of the Terms of Use, applicable laws, Instamatch reserves the right to forthwith terminate your membership and / or your right to use the Service without any refund to you of any of your unutilized subscription fee.
  • By using the App You, the user, acknowledge that the match search results shown to you by the system are based on the partner preference details submitted by you in your profile..
  • Instamatch reserves the right to share information with third parties with regards to any promotions or offers exclusive to our members. However, we shall obtain your prior consent before sharing any of your data.

ACCOUNT SECURITY

  • You, the user, are responsible for maintaining the confidentiality of your login credentials you designate during the registration process, and you are solely responsible for all activities that occur under your account.
  • You, the user, agree to immediately notify us at security@dreaminstamatch.comof any disclosure or unauthorised access/use of your account or any other breach of security, and ensure that you log out from your account at the end of each session

TERM AND TERMINATION

  • This Agreement will be effective, valid and subsisting as long as you use Instamatch App and/or site.
  • You, the user, may terminate your membership at any time, for any reason, by deleting your profile from the App. In the event you terminate your membership, You will not be entitled to a refund of any unutilized subscription fees, if any, paid by You, except where otherwise guaranteed in writing.
  • Instamatch may terminate your access to the App and/or your membership for any reason including but not limited to the breach of the terms of use, using the service for commercial purposes, engaging in prohibited or inappropriate communication or activity, by sending notice to you at the email address as provided by you in your application for membership or such other email address as you may later provide to Instamatch. If Instamatch terminates your membership for breach of terms of this Agreement, you will not be entitled to any refund of any Subscription fees, if any, paid by you.
  • Certain provisions of this Agreement including, but not limited to Clauses 13, 15, 17 and 18 of this Agreement shall remain effective even on termination.
  • Term for the paid Membership would be in accordance with the type of membership undertaken.

NON-COMMERCIAL USE BY MEMBERS

The App is for the personal use of individual members to advertise and promote their profiles for the purpose of generating accepts from relevant matches and cannot be used in connection with any commercial endeavours. This includes providing links to other web sites as well. Organisations, companies, and/or businesses cannot become Members of Instamatch and should not use the Instamatch App or Service or Site for any purpose whatsoever. Illegal and/or unauthorised uses of the App, including unauthorised framing of or linking to the App will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

DELETING YOUR ACCOUNT

  • You'll have great connections on Instamatch, but if you ever feel the need to leave, you can delete your Account at any time by going to your Profile tab when you are logged in and clicking on the ['Settings' > ‘Account’ > "Delete"] option. Your Account will be deleted immediately and all of your account information will be immediately removed from the App. If you wish to login to your account again, you will be required to create a fresh account.
  • If you wish to deactivate your account for a break, you can click on the deactivate option from your profile by clicking on ['Settings' > ‘My Account’ > “Deactivate”]. Dream Instamatch Private Limited reserves the right at our sole discretion to suspend any Account, or make use of any operational, technological,legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give the user prior notice.
  • Certain portions of the App may not be accessible if you have not registered for a free Account but can unlock the features if you upgrade to premium.

    We do not recommend sharing your contact number or bank account details unless you wish to do so.

CONTENT ON INSTAMATCH

The types of content that You, the user shall be able to access on the App are:

  • Content that you upload and provide ("Your Content");
  • Content that other members provide ("Member Content"); and
  • Content that we provide ("Instamatch’s Content").
  • However, there are certain kinds of content that we restrict to be published and do not allow on the App, which are:

  • Content having language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person.
  • Content having obscene, pornographic, violent or otherwise offensive language or imagery which could violate human dignity.
  • Content which is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry.
  • Content which is defamatory, degrading, hurtful or libellous.
  • Content which relates to commercial activities (including sales, competitions and advertising, links to different websites or premium line phone numbers).
  • Content which involves the transmission of "junk" mail or "spam".
  • Content which contains any spyware, adware, viruses, corrupt files, worm programmes or different malicious code designed to interrupt, harm or limit the practicality of or disrupt any computer code, hardware, telecommunications, networks, servers or different instrumentation, computer virus or other material designed to wreck, interfere with, wrongly intercept or deprive any information or personal data whether or not from Instamatch or otherwise.
  • Content which itself, or the posting of that, infringes any third party's rights (including, while not limited to, material possession rights and privacy rights).

Your Content

As Your Content is unique, you are accountable and liable for Your Content and will indemnify, defend, and hold us harmless from any claims made in association with Your Content. However, if You, the user do choose to reveal any personal information about yourself, via email or otherwise, it is at your own risk. Further, as Instamatch is a public community, Your Content will be visible to other users of the App, therefore, ensure that you are comfortable sharing Your Content before you post it. By uploading Your Content on Instamatch, You, the user, warrant to us that you have all necessary rights to do so, and grant us a non-exclusive, royalty free, perpetual, nation-wide licence to use Your Content in any way and form whatsoever.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

Member Content

Due to the nature of the App, other members of Instamatch will also share content by uploading it through the App on their respective profiles. It is of utmost importance to note that Member Content belongs to the user(s) who posted the content on the app and their content is visible to the other members. It is hereby stated that You, the user, do not have any rights to other users' Member Content, and you may only use other Instamatch users' personal information to the extent that your use of it matches Instamatch's purpose of acting as an intermediary in making people interact with and meet one another. You, the user, warrant and ensure that You shall not use different users' data for industrial functions, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

Instamatch’s Content

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Instamatch are owned, controlled or licensed by us and are protected by copyright, and other intellectual property law rights. All rights, titles and interests to Our Content remains with us at all times.

That You, the user, warrant and ensure regarding Instamatch’s Content to use the same, without the right to sublicense, under the following conditions:

  • you shall not use, sell, modify Our Content except as permitted by the functionality of the App
  • you shall not use our name in metatags, keywords and/or hidden text
  • you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or
  • in part, in any way; and
  • you shall use Our Content for lawful purposes solely.

We reserve all other rights.

RESTRICTIONS

You, the user, strictly agree that you will:

  • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
  • Use your real name on your profile on the App.
  • You, the user, strictly agree that you will not:

  • Act in an unlawful manner including being dishonest, abusive or discriminatory
  • misrepresent your identity, your current or previous positions, salary, qualifications or affiliations with a person or entity
  • disclose information that you do not have the consent to disclose
  • Indulge in fraud or other similar practice on the App.

You, the user, can report any abuse or complain about Member Content by contacting us at 'safety@dreaminstamatch.com' outlining the abuse or complaint. You can also report a user directly from a profile or in chat by clicking the 'Block & Report' option.

PRIVACY

For information about how Instamatch collects, uses, and shares your personal data, please check out our Privacy Policy – this is some important stuff. When you authenticate your phone number, it is used for verification purposes & our customer success team to contact you in case it requires. Your contact number is safe with us and will not be shared with any other user. By using Instamatch, you agree that we can use such data in accordance with our privacy policy. You agree to be contacted by our team for subscribing to our premium plans or buying value added services offered by Instamatch.

THIRD PARTY STORES; PREMIUM SERVICES; IN-APP PURCHASES

In order to provide its Users the complete experience, Instamatch acts as a marketplace for vendors as well who register as users on the App. Vendors for Gifting, Events & decor, Hospitality, music, Food & drinks, Celebrity management, Florist, Jewelle, etc., are allowed to register on the App and provide their services to other Users. It is of utmost importance to note that Instamatch in no way claims responsibility, ownership or indemnifies the such Vendors. The User interacting with the Vendore and vice versa undertake that Instamatch is acting only as an intermediary while performing such functions and the the Users and Vendors are responsible for their own safety, security and well-being.

Instamatch also offers premium services to its Users, which are presented to the Users on their App interface. The User may subscribe for such service on a pay-as-you-go model. Instamatch does not warrant or ensure any specific result tht a User may expect by way of such subscription. To ease the use of the App, Instamatch offers such premium services as in-app purchases.

PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

Instamatch, by way of its functioning and in fulfilment of its purpose, offers to its users constant updates about their profile and content through notifications. User can change or amend their notification settings on the App to suit their preferences. Further, in roder to provide its services to the fullest, the App requires access to its Users location, which can also be regulated by the respective User. However, it is to be noted that the App will not function in case the User does not grant it the permission to access their location.

LENDING

Instamatch has partnered with several NBFCs offering their lending services on the App. It is to be noted that Instamatch is acting only as an intermediary while performing such functions and the the Users and Vendors are responsible for their own safety, security and well-being. Further, that such lending services of the partner NBFCs shall only be availed by the User of the App, and only for the premium services or Vendor services being offered on the App.

LIMITATION OF LIABILITY

In no event shall the company, its officers, directors and employees, or its contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if the company or an authorized representative has been advised of the possibility of such damages, arising out of or relating to (i) these terms, (ii) the app, (iii) your use or inability to use the app; or (iv) any other interactions with another user in connection with the app. If the foregoing limitation is not enforceable, the maximum liability of the company shall be ₹ 500.

COPYRIGHT POLICY

You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior writtenconsent of the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Instamatch App/Website/Portal in a way that constitutes copyright infringement, please provide us with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Site
  • Your address, telephone number, and email address
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Notice of claims of copyright infringement can be sent to us in writing to the Mumbai address located under the Help/Contact section on the site.

DISCLAIMERS

  • Instamatch is not responsible for any incorrect or inaccurate Content/listing posted on the Site or in connection with the Instamatch Service, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any User and/or Member of the Instamatch Service whether online or offline.
  • Instamatch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User and/or Member communications or any communications by Instamatch to its Members.
  • Instamatch is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer relatedto or resulting and/or in connection with the Instamatch Service.
  • Under no circumstances will Instamatch be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the Instamatch App or transmitted to Instamatch Members. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
  • The exchange of matchmaking profile(s) through or by "Instamatch" is not a matrimonial offer and/or recommendation from/by Instamatch. Instamatch shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, any relations (including but not limited to matrimonial relations) established pursuant to the use of Instamatch service.
  • The Site and the Service are provided "AS-IS" and Instamatch expressly disclaims any warranty of fitness for a particular purpose or non- infringement. Instamatch cannot guarantee and does not promise any specific results from use of the Site and/or the Instamatch Service. You understand that Instamatch makes no guarantees, either express or implied, regarding compatibility with individuals you meet through the Service.
  • Instamatch expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/listing posted on the Site / made available to Instamatch by any Members or the users of the Site or any third party.
  • Instamatch does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party.
  • All liability, whether civil or criminal arising out of any Content that is Posted on the Site will be of that Member / user / third party who has Posted such Content and Instamatch reserves its right to claim damages from such Member/ user / third party that it may suffer as a result of such Content Posted on the Site. Instamatch does not claim ownership of Content you submit or make available for inclusion on the Service.

JURISDICTION

If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Delhi, India only.

INDEMNITY

You agree to indemnify and hold Instamatch, its subsidiaries, affiliates, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or any fraudulent act on your part.

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