Scope

You understand and acknowledge that Vivaaha.lk acts as an "Intermediary" platform that enables 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 Vivaaha.lk already registered users, for seeking prospective lawful matrimonial alliances for themselves. However, you must have a valid / operational mobile phone number and an email ID to create a profile.

1.Eligibility

a) Further in capacity as Vivaaha.lk member you confirm that you are,

I. 18 years or above.

II. Legally competent to marry as per the law applicable to you and.

III. Not prohibited or prevented by any applicable law for time being in force.

c) In case you are a Registrant of the prospective bride / bridegroom and has created a profile in Vivaaha.lk Website on behalf of them or is accessing the website on behalf of them implies that you have taken their consent for their profile creation in Vivaaha.lk and for accessing the Website.

2.Registration

A. We expect that you would complete the online registration process with fairness and honesty while furnishing your personal information's to Vivaaha.lk. You would appreciate that efficient and effective match making through our website depends 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) or repeating your details in another fields, after filling them once in the relevant fields or other person's photographs. You further undertake that you or the registrant alone shall be responsible for any information provided to Vivaaha.lk. In order to serve you better if Vivaaha.lk requires additional details you agree to provide it. Vivaaha.lk shall reproduce the registered member details on "as is as available" basis to other registered members, and Vivaaha.lk members shall be solely liable for the information given by such Vivaaha/lk member. You may also call us on hotline if you need assistance in getting your profile registered on our website. Further you may fill in your email id and phone number in any of our registration campaigns appearing in various websites as part of our advertisements, basis which you may receive call from our Customer Service Center and assist you in getting your profile registered on our website.

B. If at any point of time Vivaaha.lk 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 we shall have full right to suspend or terminate (without any notice) your Vivaaha.lk membership and forfeit any amount paid by you towards Vivaaha.lk membership fee and refuse to provide our services to you thereafter.

C. Vivaaha.lk also reserves the right to block the registration of your profile on Website, if any, in the case of your contact details / links being entered in irrelevant fields or if there are errors in any data entered by the Vivaaha.lk members in their profile.

D. Registration of duplicate profiles of the same person is not allowed in Vivaaha.lk Website. Vivaaha.lk shall have full right to suspend or terminate (without any notice) such duplicate profile.

E. You acknowledge and confirm that your registration with Vivaaha.lk and the usage of our services is with the bonafide intention of marriage and not otherwise. Vivaaha.lk Membership is restricted strictly to the registered Vivaaha.lk individual members only. Organizations, companies, businesses and / or individuals carrying on similar or competitive business cannot become Members of Vivaaha.lk and nor use the our service or our members data for any commercial purpose, and Vivaaha.lk reserves its right to initiate appropriate legal action for breach of these obligation.

3.Account Security

You are responsible for safeguarding the confidentiality of your Vivaaha.lk login credentials such as your user id, password, OTP, etc., and for restricting access to your computer / mobile to prevent unauthorized access to your account. We do not ask for password and you are cautioned not to share your password to any persons. You agree to accept responsibility for all activities that occur under your account.

4.Role and Responsibility of Vivaaha.lk

A. Vivaaha.lk reproduces your details once you register on our website on "as is” and also share your profile with other registered members within our website.

B. Vivaaha.lk obligation is only to provide an interface to its registered members to search their prospect themselves without any assistance.

C. The profile search conducted by any member and the results thereof are automatically generated, and based on the partner preference set by you. In the event Vivaaha.lk member changes their partner preference on the Website, then the automated system generated prospect results of the Website may also undergo corresponding change.

D. Vivaaha.lk does not prohibit any member from sending interest to your profile or communicating to you based on their partner preference. But you are at the liberty to deny their interest or proceed further if you are interested.

E. Vivaaha.lk cannot guarantee or assume responsibility for any specific results from the use of the data available from the Vivaaha.lk service.

F. Vivaha.lk shall safeguard sensitive user information using security standards, authentication mechanisms, access controls and encryption techniques.

G. Vivaaha.lk 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 Vivaaha.lk server.

H. Vivaaha.lk do not authenticate / endorse any information of any profile and hence you as a user need to verify the credentials and information provided by other users.

5.Role and Responsibility of Vivaaha.lk Member

A. You shall safeguard your profile information by creating a strong password during profile creation with combination of alphabets, both upper and lower case and numbers.

B. To protect the broader interest of the registered Vivaaha.lk member and increase the efficiency, members ensure to keep their username and password safe and confidential for using our services.

C. Any information / data required by Vivaaha.lk for using our services shall be provided by the Vivaaha.lk member, as and when so sought by us.

D. You are requested to verify the credentials of the prospect 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. Vivaaha.lk shall not be liable for short coming due to any misrepresentations made by any of its members.

E. Vivaaha.lk members are expected to verify the credentials of the prospect such as family status, regarding their profile information which includes marital status, educational qualifications, financial status, occupation, character, health status, etc. and satisfy yourself before making a choice of your match. Vivaaha.lk shall not be liable for short coming due to any misrepresentations made by any of its members. To get better search results, members are expected to provide latest photograph which should not be more than 3 (three) months old. Providing old photographs / photographs of others, inaccurate / false information shall be treated as violation of terms and conditions and Vivaaha.lk shall retain their right under clause 2 (b) of this terms and conditions.

F. Vivaaha.lk members are expected to disclose their health records during profile enrolment which includes any pre-existing illness, physical disability etc. Non- disclosure at the time of enrolment shall be treated as violation of the terms and conditions and SM shall retain their right under clause 2 (b) of this terms and conditions.

G. Vivaah.lk members are expected to refrain from:

i. Entering into any financial transactions with prospects. Members shall not seek financial help or provide financial help from / to the other Vivaaha.lk members.

ii. Using abusive language when they communicate with the other members.

iii. Being discriminative or using racial comments etc.

iv. Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.

v. Entering into physical relationship with any prospect before marriage.

vi. Violating any law for the time being in force.

vii. From mentioning details of other matrimonial services while sending personalized messages.

viii. Vivaaha.lk members are expected to be cautious of prospects who ask for sexual favours, 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.

ix. The Vivaaha.lk members agrees that for getting effective search results of prospects on Website you will regularly log in to the profile maintained in the Website and send expression of interest which is an automated messages to prospects as a member to show your expression of interest/replies.

x. You also agree that while accessing / using the Website, you will be guided by the terms and conditions of the Website including but not limited to the use of feature of Website like viewing horoscope of prospects, enhancing privacy settings (photo / horoscope / phone number).

H. If the Vivaaha.lk member fails to inform us, about any change in the particulars furnished by the member to other member, then the membership may be suspended by us at its sole discretion.

I. Vivaaha.lk member shall, in case of finalization of his/her/their registrant's marriage, delete their profile by themselves or intimate Vivaaha.lk for removal / deletion of their profile.

J. Vivaaha.lk Members agree to use secure devices, software and networks for accessing the our services.

K. Vivaaha.lk member shall not use any kind of Bots like web robots, Chatbot or any other automated processes / programs / scripts to use, communicate or respond in Vivaaha.lk Website. Members shall not probe, scan or test the vulnerabilities of the our Website or any network connected to the Website nor breach the security measures instituted by Vivaaha.lk.

L. You shall also not make any payment / transfer any amount to account of any employees. All payments shall be made only to Vivaaha.lk account.

M. Vivaaha.lk members are expected to approach us to resolve their complaints and grievances and shall not air their grievance / complaints in social media.

6.Customer Care / Customer Service

In the event you come across any concerns in our service, then please be free to contact us:

Email ID : hello@vivaaha.lk

Contact No : +94 779 112 232

Registered office Address :

Vivaaha.lk

56A Chitra Lane,

Colombo 05.

A. Vivaaha.lk member hereby consents for receiving communication including promotional communications through any medium of communications such as electronic mails, calls, SMS or through Whatsapp messages from us.

8.Confidentiality

Any feedback you provide to Vivaaha.lk shall be deemed to be non-confidential. Vivaaha.lk 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) 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 Vivaaha.lk for the feedback under any circumstances.

9.Privacy of Membership

To protect your privacy and understand our practices as amended from time to time, please read and follow our Privacy Policy, which also governs your visit to Vivaaha.lk, the personal information / data provided to us by you during the course of usage of Vivaaha.lk will be treated as confidential and in accordance with the Privacy policy and applicable laws and regulations.

You agree that, when you use third party services through Website, you hereby grant Vivaaha.lk 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 Vivaaha.lk / its payment gateway and/or such third party service providers.

10.Complaints

In the event you come across any violation by another user including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating etc. you may then please be free to provide your concerns in writing or email us with digital signature to::

Email: complaints@vivaaha.lk

i) Vivaaha.lk shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website that -

a) belongs to another person and to which the User does not have any right to;

b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c) harm minors in any way;

d) infringes any patent, trademark, copyright or other proprietary rights;

e) violates any law for the time being in force;

f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g) impersonate another person;

h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i) threatens the unity, integrity, defence, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

11.Disputes between Members

A. Vivaaha.lk Members are solely responsible for the communications (through any medium) with prospect or vice versa. Vivaaha.lk expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any Vivaaha.lk members inter se via e-mail, chat, interaction, Whatsapp or any other medium of communication between members using website or otherwise.

B. Vivaaha.lk has no obligation, to monitor any such disputes arising between the members, and we shall not be party to any such dispute/litigation etc.

C. Vivaaha.lk is not a broker or the agent of any member, and we do not partake in the exchange of any kind of discussion between the members and prospects or the results of their discussion.

12.Content Right

A. You agree that all content of Vivaaha.lk belong to Vivaaha.lk excluding your or third party content including advertisement on the Website for which Vivaaha.lk has requisite license/right in terms hereof to display the same on our Website.

B. You acknowledge that you are responsible and liable 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 at the time of the creation of the Vivaaha.lk profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by Vivaaha.lk paid members) 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 Vivaaha.lk, you hereby grant Vivaaha.lk 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 Vivaaha.lk'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.

C. While Vivaaha.lk does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms and conditions, Vivaaha.lk 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 Vivaaha.lk may at its sole discretion put restriction on any member to other member's communications.

D. Vivaaha.lk reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.

13.Third Party website

A. Vivaaha.lk member understand and agree that Vivaaha.lk may allow third parties to put up advertisements on the Vivaaha.lk Website and we do not control the contents of such third party advertisement on the Vivaaha.lk Website. Third party websites to which links are given on Website are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. The Company does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.

B. The Vivaaha.lk members agrees and understands that we may also allow third parties to provide members services on the website like horoscope matching etc., and Vivaaha.lk may also collect the payment for such third party services to you, and Vivaaha.lk in this regard can have revenue sharing arrangement with the such third party, however in no event shall Vivaaha.lk be liable to you for such third party services.

C. Vivaaha.lk reserves the right to add/delete/alter/modify/suspend any or all the Services or the Terms and conditions at any time as it may deem fit, without notice. Vivaaha.lk members are expected to see the change on the Website.

14.Limitation of liability

A. Vivaaha.lk or its Office bearers shall under no circumstances be liable or responsible to the Vivaaha.lk member or his/her authorized Representative or Guardian or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of our Website or services.

B. Vivaaha.lk informs you that the exchange of profile(s) through or by Vivaaha.lk should not in any way be construed as a matrimonial offer and/or recommendation and / or advice or guarantee given to the member, from/ or by Vivaaha.lk.

C. Notwithstanding anything to the contrary contained herein, Vivaaha.lk'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 Vivaaha.lk, for any specific paid package, and no further.

D. Vivaaha.lk will not be liable in case of any wrong/improper match made due to unavailability of profiles from Vivaaha.lk website.

E. Vivaaha.lk or its office bearers shall under no circumstances be liable, if any, for the Vivaaha.lk member entering into financial transaction with any other Member or any third party.

Vivaaha.lk or its office bearers shall under no circumstances be liable, if any, for the Vivaaha.lk members not responding/reciprocating when you approach them for matrimonial alliance.

15.Class Action Suits

You acknowledge and confirm that you will not bring or participate in any class action or other class proceeding in connection with any dispute with Vivaaha.lk. Further neither you nor Vivaaha.lk agrees to class arbitration.

16.General

In the event you file a false complaint against another prospect on our Website 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 Vivaaha.lk services as per clause 2 (b) of these terms and conditions.

17. Notwithstanding anything contained herein, Vivaaha.lk reserves the absolute right to delete, in any manner as it deems fit, any content of any profile listing placed on the Vivaaha.lk website (once such instance come to our notice) in order to ensure, that proper consent has been obtained by you 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. Vivaaha.lk 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 or using our website as a means of communication while sending messages to other Vivaaha.lk members regarding their profile identity in other matrimonial websites.

18. Once your paid membership expires, you cannot access the already viewed Vivaaha.lk member(s) contact information unless you renew your account within 30 days.

19. In case of conflict between the terms and condition of Website, the terms and condition of Vivaaha.lk Website shall prevail for the service provided through this Website.

20.Disclaimer

A. Your access to and use of the VIVAAHA.LK Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE VIVAAHA.LK SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, VIVAAHA.LK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Vivaaha.lk does not warrant that the Website, its servers, or e-mail sent from Vivaaha.lk are free of viruses or other harmful components. Vivaaha.lk will not be liable for any damages of any kind arising from the use of it’s website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

B. Vivaaha.lk does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on our Website and using it’s services (both paid and free).

C. Notwithstanding anything contrary contained anywhere, under no circumstances, Vivaaha.lk shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with,

a. any act or omission done by Vivaaha.lk payment gateway/alliance partner etc.

i. any untrue or incorrect information submitted by you or on your behalf;

ii. 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 Vivaaha.lk );

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 Vivaaha.lk );

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. Using/availing of third party services namely horoscope matching services etc. and for paying them through the Website.

ix. Vivaaha.lk 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.

D. You expressly agree that your use of this Website is at your sole risk.

E. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the website.

21.Indemnity

By using Vivaaha.lk services you agree to defend, indemnify, and hold harmless Vivaaha.lk, 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 Vivaaha.lk. This defence and indemnification obligation will survive in perpetuity.

22.Termination

A. We/ Vivaaha.lk in good faith reserve our right to terminate your membership or suspend/delete your profile at our sole discretion without any notice to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions, in case you

i. seek physical / financial favors from our other registered members or

ii. have provided incorrect information on our website or

iii. have committed any fraudulent/ unlawful/illegal activities through the use of our website or

iv. have violated this Terms and conditions or have misappropriated the name, likeness, email address, contact no or other personally identifiable information of another Vivaaha.lk member on our website 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,

v. If Vivaaha.lk receives any 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. Unless otherwise provided in these Terms and Conditions, Vivaaha.lk membership may be terminated by Vivaaha.lk / you without assigning any reasons by serving 7 (seven)days written notice on the other, all amount paid till date by you to Vivaaha.lk shall be forfeited.

vi. Upon termination / suspension of Vivaaha.lk membership, your right to use or access the our Website or 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 Services shall not relieve you of any obligations arising or accruing prior to such termination.

23.Mode of Payment

a. Payment made by online payment gateway or bank transfer would be in accordance with the prevailing CBSL guidelines. Activation of paid Vivaaha.lk service shall be subject to realization of the said payment. Further Vivaaha.lk service to your account will be deactivated / suspended until you settle the value of the payment and applicable bank charges in cash.

b. Vivaaha.lk uses third party payment gateways for collection of payment through credit/debit card or other payment instruments.

24.Refund and Assignment

a. The payments made by members to Vivaaha.lk by way of membership / renewal fee / auto renewal are treated as non-refundable.

b. Vivaaha.lk members shall not assign or transfer your membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and Vivaaha.lk shall retain their right under clause 2 (b) of this terms and conditions.

c. Payment once made for Vivaaha.lk services cannot be assigned to any person/party or adjusted towards any other product or packages provided by the Company.

25.Renewal

a. Vivaaha.lk will inform your via email 03 days prior to your subscribe for your paid Membership expires so that you could renew it if you wish.

26.Additional terms and conditions applicable to Non- Resident Sri Lankan customers.

A. Jurisdiction and Applicable Law

The laws of India Sri Lanka will be applicable.

B. Arbitration of Disputes.

The Parties shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration.

C. However, Disputes relating to infringement of our intellectual property rights, which we may elect to have resolved by means other than arbitration.