Smart Matrimony Ltd
Matchmaker Terms and Conditions
If you (the matchmaker
hereinafter “Matchmaker” or “Customer”) have any questions, please contact
our customer care team via the
Contact
Us
form found on the website.
The following
information, together with the Matchmaker
Privacy Policy
defines
the conditions under which the use of Smart Matrimony, by Matchmakers, is
operated by Smart Matrimony Limited, a company registered in England and Wales with company number 10684586, (hereinafter "Smart Matrimony").
Only these Terms
and Conditions apply to any contract made between us (denoting Smart Matrimony
and the Matchmaker) in relation to services provided by Smart Matrimony. These
conditions are accepted by the entirety of our Matchmaker community (defined as
the population of registered Matchmakers) during the registration stage. Any
deviations from these specified conditions are not accepted under any
circumstances.
We also advise all Matchmakers
within our Matchmaker community to review the general Terms and Conditions and
the Privacy Policy which apply to our community of registered users. Both can
be found on the Smart Matrimony website.
1. Description of the scope of service
1. Smart Matrimony
operates an Internet online dating and matchmaking platform. It also organises
events where its members can meet.
The matchmaking
platform is akin to a CRM (Client Relationship Management) platform. The
platform:
·
Aims to help Matchmakers manage their clients in an efficient and
effective manner.
·
Provides Matchmakers with access to other registered Matchmakers within
the Smart Matrimony community.
·
Provides Matchmakers with access to Smart Matrimony’s community of
registered users.
2. Before gaining
access to the Smart Matrimony platform all matchmakers first apply to join the Smart
Matrimony Matchmaker network. Smart Matrimony will then assess each application
on its own merit. Smart Matrimony will assess the suitability of the Matchmaker
taking into consideration such factors as the number of clients and the
location of both the Matchmaker and his/her clients. Smart Matrimony may also
leverage publicly available information about the applicant as part of the
assessment process. Smart Matrimony, in its sole discretion, will accept or
reject such applications.
3. Upon a
successful application the Matchmaker will be granted access to the Smart
Matrimony matchmaking platform.
4. The following
table summarises the key matchmaker platform features:
Features |
Create and manage
your matchmaker profile |
Create and manage
your client profiles |
Search and view
clients of other matchmakers |
Search and view
other matchmakers |
Interact with and
message other matchmakers |
Search and view Smart
Matrimony “Gold” users |
Interact with and
message Smart Matrimony matchmakers |
5. The Matchmaker may
be required to upgrade to a paid membership plan to unlock all the matchmaker
platform features described. An obligation to pay only arises when the Matchmaker
confirms the order of the membership and associated payment by completing the
payment. This is done by clicking the “Process Payment” button from the payment
page. Prior to taking out a membership, Matchmakers are informed about all
Terms and Conditions regarding this payment including membership features,
price and duration. Upon confirming the order of the membership, the Matchmaker
agrees to the Terms and Conditions of the paid membership.
6. Smart Matrimony
may, in its sole discretion, waive any membership fees for individual Matchmakers.
7. Under no
circumstances are:
- Matchmaker profiles or contact
information visible to registered users of Smart Matrimony
- Personal information or contact
information of Matchmaker clients visible to other Matchmakers.
- Personal information or contact
information of Matchmaker clients visible to registered users of Smart
Matrimony.
For more
information on what information is visible to other users and Matchmakers refer
to the Matchmaker Privacy Policy.
8. Smart Matrimony
is entitled to engage third party service providers and/or agents for the
whole, or any part, of the spectrum of the Smart Matrimony service.
9. Smart Matrimony
cannot guarantee that Matchmakers will find compatible matches for their
clients through the use of the Smart Matrimony platform. Smart Matrimony is not
responsible if, during the contract period, no successful matches are found. Smart
Matrimony refers you to the Matchmaker Guidelines where suggestions are
available for Matchmakers which may help to increase their chances of success.
10. Smart Matrimony
has the right, in its sole discretion, to block or remove from its site any
offensive, incorrect or inappropriate communication or information, and any
communication or information which it reasonably suspects infringes any
applicable laws, regulations or third party rights (including, but not limited
to, material which may be considered obscene, indecent, pornographic,
seditious, offensive, defamatory, threatening, liable to incite racial hatred,
menacing, blasphemous or in breach of any third party intellectual property
rights) that becomes known to it. Smart Matrimony has no obligation to Matchmakers,
and undertakes no responsibility, to review any communication or information
provided by Matchmakers for incorporation into the Smart Matrimony service.
11. All reasonable
measures are taken by us to ensure that the Smart Matrimony website (the
“Website”) and any other website databases owned by Smart Matrimony or its
affiliates is operational all day, every day. However, occasionally technical
issues may result in some downtime where services may become unavailable to
members. Accordingly, we (Smart Matrimony) will not be liable if the Website or
any other website databases owned by Smart Matrimony or its affiliates are
unavailable at any time. Where possible we will endeavour to give advance
warning of any maintenance issues that may result in Website down time but we
shall not be obliged to provide such notice.
12. To be able to
use the Smart Matrimony service in full, the Matchmaker should use the latest
(browser) technologies and make sure the necessary settings and installations
for use are in place (e.g. activation of JavaScript, cookies). When using older
or not commonly used technologies, free and paid members may experience only a
limited use of the Smart Matrimony service.
13. Throughout the
Website you may find links to third party websites. The provision of a link to
such third-party websites does not mean that we endorse or undertake any
responsibility for such website. If you visit any website via a link on the
Website, you do so at your own risk and discretion.
14. Any party
wishing to link to the Website is entitled to do so provided that the following
conditions below are observed in their entirety:
(a) you do not seek
to imply that we are endorsing, or undertaking any responsibility for, the
services or products of another party unless this has been agreed with us in
writing;
(b) you do not
misrepresent your relationship with the Website; and
(c) the website
from which you link to the Website does not contain offensive or otherwise
controversial content or, content that infringes any intellectual property
rights or other rights of a third party.
15. Any third party
who links to the Website in breach of clause 14 above (the “Defaulting Party”)
shall indemnify Smart Matrimony and its affiliates, and each of its and their
directors, officers, managers, employees, agents, representatives, successors
and assigns (collectively, the “Indemnitees”), from and against any and all
claims, legal actions, demands, settlements, losses, judgments, fines,
penalties, damages, liabilities, costs and expenses of any nature whatsoever,
including,all lawyers' fees, suffered by the Indemnitees or to the Website as a
result of such linking or breach. The Defaulting party further agrees to
indemnify the Indemnitees for any lawyers’ fees or other cost the Indemnitees
incur to enforce their respective rights hereunder.
16. All material
contained on the Website is provided without any warranty of any kind. You use
the material on the Website, and the Website. at your own risk and discretion.
2. Access / Contract Confirmation
1. In order for matchmakers
to access Smart Matrimony services they must first apply to join the matchmaker
network using the appropriate links on the Website.
2. To register, matchmakers
must:
(a) have a valid e-mail address;
(b) be at least 18 years of age; and
(c) have a
permanent address in the United Kingdom. Smart Matrimony cannot guarantee full
functionality outside of this area.
3. Once
registration is successfully completed, as confirmed by Smart Matrimony, the
registered Matchmaker then enters into a contractual relationship with Smart
Matrimony for a free membership. This is governed by the provisions set out in
these Terms and Conditions.
4. After
registration, the Matchmaker receives a notification via e-mail confirming the
contract for the free membership.
5. An order for
paid membership is confirmed once the registered Matchmaker clicks the final
payment button (“Process Payment”), after entering their payment information. This
Matchmaker then enters into another contractual agreement with Smart Matrimony,
in addition to the free membership.
6. The Matchmaker will
be informed, before the conclusion of a fee-based contract, about the features
of each chargeable service, prices and duration.
7. The contract for
the paid membership comes into effect upon the sending of the payment receipt
confirmation e-mail sent by Smart Matrimony.
8. In the
confirmation e-mail the Matchmaker is sent, for their own records, an electronic
copy of the contract data (membership information), as well as the time of
registration and applicable terms and conditions. The Matchmaker therefore has
the opportunity to save or print the contract data as well as the terms and
conditions. The contract information is also stored by Smart Matrimony.
3. Terms of Payment
1. The following
payment methods are accepted: credit or debit card.
4. Data Collection, Data Use and Data Sharing
1. Smart Matrimony
takes care to respect the relevant data protection regulations.
2. For information
about the handling of personal information within the Smart Matrimony service
please see the Matchmaker Privacy Policy and the Privacy Policy.
5. Cancellation and Termination
1. Cancellation of
the free membership (deleting the profile) is possible at any time. To do this,
click on "My Account" from your Home Page and select "Delete
Profile".
2. After the expiry
of the paid membership, in line with the original duration of the paid
membership subscription period, the status of the Matchmaker automatically
reverts back to the “standard membership” (i.e. free membership) with the
resulting limited scope of use.
3. Both parties
retain the right to terminate paid and unpaid memberships if an Event Outside
Our Control takes place. An “Event Outside Our Control” means any act or event
beyond our reasonable control, including without limitation strikes, lock-outs
or other industrial action by third parties, civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or not)
or threat or preparation for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of public or private
telecommunications networks. Smart Matrimony will not be liable for any failure
to perform or any delay in performance of, any of its obligations under these
Terms and Conditions that is caused by an Event Outside Our Control.
4. Once Smart
Matrimony has begun providing the services, either party may terminate the
contract with immediate effect by giving written notice to the other party (by
using the Contact Us form found on the website where the Matchmaker is the
terminating party) if either party has breached its obligations under the
contract in a material way and the offending party does not fix, remedy or
correct the situation within 14 days of the innocent party asking the offending
party in writing to fix, remedy or correct the situation.
5. We are not
obliged nor willing to participate in a dispute settlement procedure before a
consumer arbitration body.
6. Liability of Smart Matrimony
1. Smart Matrimony
is not responsible for any losses, penalties, damages, liabilities, costs and
expenses of any nature whatsoever the Matchmaker may suffer that is not
foreseeable. Losses, penalties, damages, liabilities, costs and expenses are
only considered foreseeable if they were an obvious and direct consequence of Smart
Matrimony‘s breach of these Terms and Conditions or if
they were contemplated by the Matchmaker and Smart Matrimony at the time the
parties entered into the contract.
2. Smart Matrimony
does not exclude or limit in any way its liability for:
i) death or
personal injury caused by Smart Matrimony‘s
negligence;
ii) fraud or
fraudulent misrepresentation (not including, in any way, fraud or fraudulent
misrepresentation by any of its registered users or Matchmakers);
iii) any other
liability which cannot be limited or excluded by applicable law.
3. The foregoing
limitation of liability shall apply to all officers, employees and agents of Smart
Matrimony.
7. Responsibilities and Obligations of the Matchmaker / Prohibited
Practices / Exemption
1. The Matchmaker alone
is responsible for the content of their application and therefore for the
information he/she provides about himself/herself. Smart Matrimony will not be
responsible or held liable for any incorrect information provided by Matchmakers.
The Matchmaker assures and warrants that the data given is true and accurate
and describes him/her personally and accurately. Both parties agree that Smart
Matrimony has the right, but not the obligation, to verify the accuracy of the
data if necessary.
2. The Matchmaker
alone is responsible for the content of their client profiles and therefore for
the information provided about his/her clients. Smart Matrimony will not be
responsible or held liable for any incorrect information provided by Matchmakers.
The Matchmaker assures and warrants that the data given is true and accurate
and describes his/her clients personally and accurately. Both parties agree
that Smart Matrimony has the right, but not the obligation, to verify the
accuracy of the data if necessary.
3. To ensure the
integrity of the Smart Matrimony service, the Matchmaker assures and warrants
that he/she is using the service of Smart Matrimony with the intention of
seeking suitable marriage partners for their clients. The Matchmaker assures
and warrants that her/his clients are aware of the existence of their profiles
on the Smart Matrimony platform and that none of the Matchmaker’s clients are
in a relationship during the Matchmaker’s period of membership.
4. The Matchmaker
assures and undertakes that he/she does not pursue any commercial and/or
business purposes in connection with their membership aside from that listed in
paragraph 3 above only. She/he agrees not to use the Website for any other
commercial or business purposes (see point 8 below).
5. The Matchmaker
assures and undertakes that he/she will not use any photographs, text, software
or any other copyrighted information of Smart Matrimony without having the
necessary rights or consents for them and their usage.
6. The Matchmaker
shall comply with all applicable laws for registration and the use of the Website.
7. The Matchmaker
may not, under any circumstances carry out any of the following actions
(prohibited conduct):
(a)intentionally
declare the data of third parties (including email address) as their own. In
particular, he/she must not provide the bank account or credit card information
of third parties;
(b)make personal
information, such as names, telephone and fax numbers, residential and e-mail
addresses, photo/video data and/or URLs known to third parties without the
consent of its respective owner;
(c)distribute
defamatory, offensive, or otherwise unlawful material or such information;
(d)threaten or
harass other people or users, or harm the rights (including personality rights)
of any third party;
(e)upload data containing a virus or
malware (infected software) of any form;
(f)use the service
in a way which adversely affects the availability of offers for other users and
Matchmakers, including writing proprietary profile information in a language
other than English;
(g)intercept e-mails or try to
intercept them;
(h)carry out advertising for other Websites;
(i)send chain
letters;
(j)name in the
personal description (profile) names, addresses, telephone or fax numbers,
e-mail addresses, user names, or other contact data from messenger services or
other Internet services; and
(k)give logins and
personal passwords to third parties or share those with third parties.
8. The following
commercial or business uses of the Website are not permitted under any circumstances:
(a)the provision of
goods or services in return for payment of any kind, the solicitation of making
an offer, or a reference to an attainable offer elsewhere;
(b)the usage of
commercial internet sites for advertising, particularly such sites which offer
chargeable goods or services that are used for displaying or advertising
companies or for advertising other commercial web sites. This is especially
true for advertising in the form of pop-ups, banner ads or flashy or
particularly highlighted links;
(c)linking
(directly or indirectly) to the contact portal or website of another operator;
(d)the naming of
value-added service numbers (in particular 0900 numbers) or value-added SMS
numbers (premium SMS) under this Website;
(e)the contact for
the purpose of subsequent profit, especially by subsequent reference to
value-added SMS or 0900 numbers;
(f)the search for
employees, models, etc. for agencies or for chargeable service providers;
(g)the business of
collecting profile data that is accessible within the Website or asking about
data (e.g. telephone/mobile number) of other users or Matchmakers, e.g. for the
purpose of commercial exploitation, or promotion or resale;
(h)to make
advertising to other clients of the service or to other Matchmakers in any form
for business offers and the sending of messages that serve a business purpose.
This relates in particular to the setting of relevant links in the data
profiles or sending messages with the internal communication systems.
(i) to contact, or
attempt to contact, clients of other matchmakers with the intention of
acquiring said clients for their own commercial purposes.
9. If the Matchmaker
breaches any of the obligations listed in this section 7, the Matchmaker shall
indemnify Smart Matrimony and its affiliates, and each of its and their
directors, officers, managers, employees, agents, representatives, successors
and assigns (collectively, the “Indemnitees”), from and against any and all
claims, legal actions, demands, settlements, losses, judgments, fines,
penalties, damages, liabilities, costs and expenses of any nature whatsoever,
including, all lawyers' fees, for any loss or damage suffered by the
Indemnitees or to the Website as a result of such breach. The Matchmaker
further agrees to indemnify the Indemnitees for any lawyers’ fees or other cost
the Indemnitees incur to enforce their respective rights hereunder.
8. Blocking on Suspicion
1. Smart Matrimony
is entitled, in the case of a complaint from a third party, and on suspicion of
a violation or breach of these Terms and Conditions, to delete the Matchmaker’s
content which has given rise to this suspicion or complaint. The complaint
itself, however, does not serve as justifiable grounds for Smart Matrimony to
terminate the Matchmaker’s contract. For a termination of the contract, a
breach of the conditions specified in these Terms and Conditions has to be
identified.
2. If a warning is
deemed reasonable by Smart Matrimony, Smart Matrimony must give the Matchmaker
the opportunity to eliminate the suspicion or to remedy the situation before
the content is blocked or removed. If a warning is not reasonable, for example
because the blocking or removal is required to prevent possible damage to Smart
Matrimony or another Matchmaker, Smart Matrimony will inform the Matchmaker
immediately after the blocking or removal of such Matchmaker’s content. Smart
Matrimony shall then give such Matchmaker the opportunity to comment and
request for assistance.
3. Smart Matrimony
has the sole discretion to delete the Matchmaker’s content or keep the profile
blocked if Smart Matrimony is requested to do so by a court, regulators or by
state authorities, or if the contract is terminated in accordance with these
Terms and Conditions. The same applies if the cancellation or revocation is
necessary to prevent any imminent harm to Smart Matrimony or another user or Matchmaker.
4. If the Matchmaker's
access to the paid membership was blocked and such blocking proves to be
unwarranted, the duration of the paid membership will be extended accordingly.
If an extension is not possible, Smart Matrimony will reimburse the membership
fee for such period that the paid membership was blocked, as calculated on a
pro rata basis.
9. Law and Jurisdiction
1. These Terms and
Conditions are governed and construed in accordance with the laws of England. Any
dispute arising in connection with these Terms and Conditions shall be subject
to the exclusive jurisdiction of the Courts of England and Wales.