Terms & Conditions

Please read the following terms and conditions very carefully as your use of the Website and associated Services (as defined below) is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms").

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. If you do not want to be bound by the Terms, you must not use the Website or the Services.

In these Terms, references to "You" or "User" or "Buyer" or "Customer" shall mean the end user accessing the Website, its contents or using the Services offered. "Services" means a collective reference to the photography service provided by Matrimony. com Limited ("MCL") or through a Vendor

FOR VENDORS

  1. Definitions
    1. 'Vendor' means an independent photographer/photography studio engaged by MCL for being listed on the Website.
    2. 'Successful Business' means successful engagement of a Vendor for the Service, by the Customer.
    3. 'Event' shall mean any event for which the Service is availed by the Customer.
    4. 'Vendor's Account' is a dedicated account of the respective Vendor maintained by MCL with a replenishing balance as mutually agreed by both the Parties.
  2. CRISIL verification: 'CRISIL verification' shall be obtained by MCL for each Vendor and shall be displayed along with their listings in the Website to showcase credibility of Vendor to the Customers. A stipulated amount as agreed on the Order form will be allocated for CRISIL certification and is valid for a period of one year . The balance amount will be accounted in the Vendor's account.
  3. Duty of MCL: On Customer's enquiry of the Service to MCL, it shall, on relevancy and requirement basis, provide Vendors with the details of Customers making such enquiry and the relationship manager of MCL follows up with the Customer till Successful Business of the Vendor.
  4. Commission: The Vendor shall pay commission to MCL at the mutually agreed rate on each Successful Business. The amount of commission shall be deducted from the Package Value. In case the amount of Commission payable to MCL exceeds Vendor's account balance , the balance Commission amount payable by the Vendor shall be paid to MCL within 3 (three) working days of such intimation being sent to Vendor.
  5. Taxes: GST at prescribed rates shall be payable on the Package Value. Tax deduction at source if any , shall be done at applicable rates as on date.
  6. Package Utilization: The amount relating to the agreed commission payable on Successful Business shall be deducted from the Package Value credited to the Vendor's account until the entire Package Value is fully utilized. The Commission shall be charged at the prevailing percentage rate as mentioned in the Order Form as on date.
  7. Renewal: Once the Package Value has been fully utilized, the Vendor(s) can continue to receive information on Customer enquiry by renewing the Agreement with a fresh Package Value, as may be mutually agreed between the parties.
  8. Refund: The payment made to MCL towards the Package Value shall be treated as non-refundable after 10 working days from the date of activation of listings. Payments once made cannot be assigned to any person/party or adjusted towards any other services of MCL. Any unutilised balance in Vendor's account at the end of the year shall be refunded to the Customer. No interest shall be given by MCL for the refund amount.
  9. Relation between parties: Each party shall be and act as an independent contractor and not as a partner, joint venture or agent of the other.
  10. Responsibility: MCL is neither liable nor assumes responsibility for any specific results or providing leads or Successful Business to the Vendor. It is up to the Vendor to contact the Customer and take it forward.
  11. Due care: Vendor(s) are required to exercise due care and caution while interacting with the Customer and satisfy themselves before they agree to provide Services to the Customer.
  12. Obligation: MCL has no obligation, to monitor any such disputes arising between the Vendor(s) and the Customer(s) and MCL shall not be a party to any such dispute/litigation etc.
  13. Removal of Vendor: If MCL receives feedback/complaints against Vendor's Service or in case of any fraud committed by Vendor, then MCL shall have the right to remove the Vendor(s) from the listings and shall not deal with such Vendor(s) in future.
  14. Removal of Vendor: If MCL receives feedback/complaints against Vendor's Service or in case of any fraud committed by Vendor, then MCL shall have the right to remove the Vendor(s) from the listings and shall not deal with such Vendor(s) in future.
  15. Termination: Either party can terminate the agreement by providing 30 (Thirty) days prior notice to the other party, without assigning any reasons.
  16. Modification of Terms: MCL has the right to change its terms and conditions without due notice to the Vendor(s).
  17. Confidential Information: The term 'Confidential Information' means all know-how, methods, financial, business, technical information, Customer  information disclosed by or for a party, but not including any information the Vendor(s) can demonstrate is (a) was furnished to it without restriction by a third party, (b) generally  available in public without breach of these terms or (c) independently developed by it without reliance on such information. Except for the specific rights granted by this Agreement, the Vendor(s) shall not possess access, use or disclose any of MCL's Confidential Information without its prior written consent, and shall use reasonable care to protect the Confidential Information. Promptly after any termination of these terms Vendor(s) shall return the Confidential Information, records and materials to MCL.
  18. Limitation of Liability: In no event shall MCL be liable to the Vendor(s) in connection with these terms for a) any indirect, consequential, incidental punitive, exemplary or special losses, whether arising in agreement, tort or otherwise; b) loss of data/programs, loss of profits or revenue , loss of anticipated savings or loss of goodwill, even if such losses or damages were reasonably foreseeable or where MCL has been advised of the possibility of such losses or damages.
  19. Intimation: The Vendor shall intimate MCL if they are in any way related to the Directors of MCL .
  20. Indemnity: The Vendor shall indemnify and keep indemnified MCL against all loss, damages, and claims, actions that are initiated against MCL for any act or omission by Vendor to (i) orders shared by MCL; (ii) for breach of confidentiality of these terms and Customer information; (iii) for breach of applicable law .

FOR CUSTOMERS

  1. MCL's involvement is restricted only to the visibility of the Vendors. Choosing a Vendor and booking of the Services is completely at the discretion of the Customers.
  2. The Customer acknowledges that providing their information on MCL's website indicates that they have provided consent to share the details with any of MCL's listed Vendors.
  3. By engaging the Vendor listed by MCL the Customer agrees to permit MCL, to use photographs captured by the Vendor, for posting in the Website and for other marketing purposes. No separate agreement shall be signed between the Customer and MCL regarding the commercial usage of the photographs captured by the Vendor listed by MCL.
  4. MCL has no involvement in any dispute that might arise between the Vendor and the Customer during the course of booking the Event or after the execution of the Event .

Governing Law and Jurisdiction

Both parties unconditionally agree that all such disputes and/or differences if any shall be governed by the Laws of India and submitting to the exclusive Jurisdiction of appropriate court of law in Chennai, Tamil Nadu, India.

Dispute Resolution

Any disputes arising out of or in connection with this agreement, during its subsistence and after its termination in any manner whatsoever, including the validity of this Agreement shall be referred to Arbitration of a sole arbitrator nominated by the MCL in accordance with the provisions contained in the Arbitration and Conciliation Act, 1996 or any amendment made thereto. The seat of Arbitration shall be Chennai and the language of Arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties. The Courts at Chennai shall be the jurisdiction for any disputes under this Agreement.

Miscellaneous

This agreement is subject to force majeure thereof due to act of God or act of war or any natural calamities or any promulgation of an act of the Government or statutory authorities.