This Membership and Payment Agreement (“Agreement”) is entered into between SHAMBHAVI MARRIAGE SMILE INDIA (OPC) PRIVATE LIMITED, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at We Work Prestige Central
36, Infantry Road Bangalore Karnataka (hereinafter referred to as the “Company”, “We” or “Us”, as the context may require), and any individual user (hereinafter referred to as “You” or the “Member”) who accesses or avails matrimonial services through our proprietary digital platform accessible at marriagesmile.com
By subscribing to, registering with, or using any membership services on the Platform, the Member agrees to be legally bound by the terms and conditions set out herein, as well as the Privacy Policy, Terms of Usage, and such other terms as may be published from time to time on the Platform.
Membership
The Company provides various membership options ranging from complimentary access with limited features to paid subscriptions that provide enhanced functionalities such as increased visibility, direct messaging options, and personalized assistance. These membership plans, details of which are made available on the Platform and can be found at SHAMBHAVI MARRIAGE SMILE INDIA (OPC) PRIVATE LIMITED (“Membership Plans”), are strictly personal and non-transferable. Any upgrades, promotional features, or additional services made available as part of any membership, whether free of charge or otherwise, are provided solely as a goodwill gesture and on an “as-is” basis. The Member acknowledges that such discretionary benefits do not form a contractual obligation and may be modified or discontinued at any time at the Company’s sole discretion, without incurring any liability.
Payments
All fees payable for memberships are denominated in Indian Rupees (INR) and are inclusive of applicable statutory taxes, including Goods and Services Tax (GST) as prescribed under Indian law. Payment processing shall be carried out exclusively through third-party payment aggregators or gateways that are compliant with prevailing legal and regulatory standards, including the PCI-DSS norms and applicable Reserve Bank of India guidelines under the Payment Aggregator and Credit Aggregator frameworks. By furnishing payment information, the Member expressly authorizes the relevant payment processor to debit the applicable amount. The Company disclaims all responsibility for any delay, denial, or disruption in payment processing attributable to such third-party intermediaries.
The Company does not itself act as a payment aggregator or payment system operator and shall not be deemed responsible for any transaction-level issue, refund dispute, or failure on part of such entities. The Member is advised to refer to the individual terms and dispute redressal mechanisms of such payment processors for resolution of any transaction-related grievances.
Refunds shall be admissible only under limited and specific conditions. Refunds shall not be issued for mid-term cancellations, plan downgrades, misuse, or where a termination has been effected due to breach of this Agreement by the Member.
Any disputes regarding payment transactions, including unauthorized charges, refunds, or chargebacks, must be raised directly with the payment aggregator or financial institution in accordance with their procedures. The Company will cooperate in such investigations but does not control or guarantee the resolution of such disputes
Payments made under this Agreement are non-transferable and non-refundable except as expressly stated. Membership benefits cannot be assigned, transferred, or shared with third parties.
Member Obligations
The Member shall at all times be solely responsible for maintaining the confidentiality and security of their login credentials and shall be fully accountable for all activities conducted through their registered account.
The Member agrees to promptly notify the Company’s support team of any unauthorised access, use, or suspicious activity related to their account.
By subscribing, the Member solemnly declare that your profile is created with bona fide intention of marriage and contains no false information. Misrepresentation of marital status, age, or intent constitutes fraud under applicable law and will result in immediate termination with forfeiture of all fees.
The Platform strictly prohibits any solicitation or negotiation of dowry through its services. Any member found discussing, demanding, or offering dowry (cash, gifts, or property) will have their account terminated and may be reported to authorities under the Dowry Prohibition Act, 1961.
Any use of the Platform for commercial solicitation, impersonation, misrepresentation, data harvesting, or any conduct that violates applicable laws, regulations, or public morals shall constitute a material breach of this Agreement and may result in immediate suspension or termination of the Member’s account, in addition to any civil or criminal proceedings that may be initiated against the Member.
The Member bears sole responsibility for the truthfulness, accuracy, completeness, and legality of all information, profiles, photographs, and other content submitted to the Platform. The Company expressly disclaims any liability arising from false, misleading, or fraudulent user information or claims.
All members opting for premium services must complete mandatory identity verification through government-issued ID and live photo verification. The Company reserves the right to conduct periodic reverification and suspend unverified accounts without notice.
While the Company may offer optional verification features, including but not limited to phone or email verification and identity document uploads, it does not conduct any background verification, criminal record checks, or marital status screenings. The Member expressly acknowledges and agrees that they must undertake their own independent due diligence prior to initiating or continuing any communication or meeting with any other user of the Platform.
The Member acknowledges and agrees that all personal data provided to and processed by the Company shall be handled in accordance with the Company’s Privacy Policy .
Furthermore, the Company makes no representation or warranty regarding the accuracy, reliability, compatibility, or continuous availability of any member profiles or communications. The Platform functions solely as a facilitator of introductions and matchmaking opportunities and does not guarantee or assure any particular outcome, including successful communication, compatibility, matchmaking, or matrimonial alliance. The Member expressly releases the Company from any responsibility or liability for personal decisions, actions, or consequences arising from interactions facilitated through the Platform.
Either the Company or the Member may terminate this Agreement by providing written or electronic notice. The Member may cancel their subscription at any time using the account dashboard. However, unless specifically provided for under the refund clause above, no refund shall be payable for the unused portion of any active membership plan. The Company reserves the right to unilaterally suspend or terminate access to the Platform or any of its services in the event of misconduct, breach, or any activity deemed injurious to the reputation or interests of the Company or its other users.
Indemnification and Liability
To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties, express or implied, relating to the quality, accuracy, reliability, or completeness of the content or services offered via the Platform. The Company does not guarantee the success of any matrimonial match or outcome, nor does it verify or validate the accuracy, financial status, criminal background, or marital history of any registered user. All interactions and engagements between users are undertaken at their own discretion and risk. The Company’s liability for any claims, losses, or damages arising out of the use or inability to use the Platform or its services, whether direct, indirect, incidental, or consequential, shall in no event exceed the total subscription fees actually paid by the Member for the relevant membership term
The Member hereby agrees to indemnify and hold harmless the Company, its officers, employees, agents, affiliates, and licensors from and against any and all third-party claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Member’s use of the Platform, any content posted or submitted by the Member, or any violation of this Agreement or applicable law.
The total liability of the Company, whether in contract, tort (including negligence), equity, or otherwise, shall not in any circumstance exceed the total fees actually received by the Company from the Member during the term of the relevant membership plan. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
General Provisions
This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes or differences arising hereunder shall first be attempted to be resolved amicably through mutual negotiation. If such resolution fails, the dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, India, and the proceedings shall be conducted in the English language. Subject to the foregoing, the courts at Bengaluru shall have exclusive jurisdiction in all matters arising out of or in connection with this Agreement.
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay is caused by events beyond its reasonable control, including without limitation acts of god, natural disasters, epidemics, war, terrorism, internet outages, cyberattacks, and actions of governmental authorities.
The Member’s personal information shall be collected, stored, and processed strictly in accordance with applicable data protection laws and the Company’s Privacy Policy. The Member consents to receive transactional, administrative, and promotional communications via email, SMS, in-app messages, and other permitted channels. Opt-out mechanisms shall be made available for marketing communications.
This Agreement constitutes the entire understanding between the parties and supersedes all prior representations, communications, or agreements, whether oral or written, with respect to the subject matter herein. Any modifications shall be effective only upon being published on the Platform. The Member’s continued use of the services following such publication shall be deemed to constitute acceptance of the revised terms.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
For any concerns, complaints, or legal notices, the Member may contact the Company’s designated Grievance Officer, whose name and contact details are published on the Platform and updated in accordance with applicable regulatory guidelines.
This document is an electronic record generated by a computer system and does not require any physical or digital signature under the Information Technology Act, 2000 or any rules made there under.
