Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE VIVAHANEPAL WEBSITE OR SERVICES.

1. ACCEPTANCE OF TERMS

Welcome to VivahaNepal ("Company," "we," "us," or "our"). By accessing or using our website located at https://vivahanepal.com (the "Website") and any related services, features, content, or applications offered by us (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and VivahaNepal. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. ELIGIBILITY

By using the Services, you represent and warrant that:

  • You are at least 20 years of age. The Services are intended solely for persons who are 20 years old or older. Any access to or use of the Services by anyone under 20 is expressly prohibited.
  • You are legally eligible to marry under the laws of your jurisdiction.
  • You have the full power and authority to enter into this agreement.
  • You are not a convicted sex offender or otherwise prohibited by law from using dating or matrimonial services.
  • You will provide true, accurate, current, and complete information about yourself as prompted by the Services' registration process (the "Registration Data"). You are responsible for maintaining the confidentiality of your account and password.

3. ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Services, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain and promptly update your Registration Data to keep it accurate, current, and complete.
  • Be responsible for all activities that occur under your account.
  • Notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
  • Not create more than one account, or create an account for anyone other than yourself.

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

4. DESCRIPTION OF SERVICE

VivahaNepal provides an online platform designed to help individuals find a compatible partner for marriage. The Services include, but are not limited to:

  • Creating a personal profile ("Profile").
  • Searching for and viewing profiles of other users based on specified criteria.
  • Communicating with other users through our internal messaging system.
  • Receiving match suggestions and partner recommendations.

We do not conduct criminal background checks or verify the information provided by users. We make no representations or warranties as to the conduct of users or their compatibility with any current or future users.

5. MODIFICATIONS TO SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

6. PAYMENTS, SUBSCRIPTIONS, AND REFUNDS

6.1 General Billing.

Certain aspects of the Services may be provided for a fee ("Paid Services"). You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for the Paid Services at any time.

6.2 Subscriptions.

Some Paid Services may consist of an automatically recurring payment subscription ("Subscription"). By subscribing, you authorize us to charge the applicable subscription fees to the payment method you provide. The subscription will automatically renew at the end of each term unless you cancel it through your account settings before the renewal date.

6.3 Refunds.

All fees paid for the Services are non-refundable, except as required by applicable law or as expressly stated in a separate written policy. We do not provide refunds or credits for any partial subscription periods or unused services. If you believe you are entitled to a refund, please contact our support team at vivahanepal@gmail.com.

7. USER CONDUCT AND PROHIBITED ACTIVITIES

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") that you upload, post, publish, or display (hereinafter, "post") or email or otherwise transmit via the Services. You agree not to use the Services to:

  • Post any false, inaccurate, misleading, or deceptive Content.
  • Post any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Post, upload, or transmit any Content that depicts, promotes, or seeks to facilitate child sexual abuse or exploitation (CSAE), including but not limited to any sexually explicit or suggestive material involving individuals who appear to be under the age of 18, or any content that sexually victimizes or endangers minors.
  • Attempt to use the Services to solicit, groom, or engage in inappropriate communications with any minor, or to share information with the intent to commit a sexual offense against a child.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Post any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
  • Post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Post any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Intimidate or harass another user.
  • Solicit personal information from anyone under 18.
  • Use the Services for any commercial purpose without our express written consent.
  • Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services.
  • Use another user's account.
  • Develop, support, or use software, devices, scripts, robots, or any other means or processes to scrape, crawl, or otherwise copy profiles and other data from the Services.

8. CONTENT POSTED ON THE SITE

Ownership: You retain all ownership rights in the Content you post. By posting Content, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the Services and our business.

Profile Visibility: Your profile and certain other Content you post may be visible to other users of the Services.

Monitoring: We have the right, but not the obligation, to monitor the Content posted on the Services. We have the right to remove any Content that violates these Terms or is otherwise objectionable, in our sole discretion.

Disclaimer: We are not responsible for the Content posted by users. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

9. COPYRIGHT AND INTELLECTUAL PROPERTY

The Services, including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, and other content, and the selection and arrangements thereof, are the proprietary property of VivahaNepal or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, distribute, republish, download, perform, display, post, transmit, or create derivative works from any of our content without our express prior written permission.

VivahaNepal and its logo are trademarks of the Company. You agree not to display or use these trademarks in any manner without our prior written permission.

10. COPYRIGHT INFRINGEMENT (DMCA NOTICE)

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent:

  • Email: vivahanepal@gmail.com

Your notice must comply with the Digital Millennium Copyright Act (DMCA) requirements.

11. LINKS TO THIRD-PARTY SITES

The Services may contain links to third-party websites or services that are not owned or controlled by VivahaNepal. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.

12. PRIVACY

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully to understand our practices regarding your personal information.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. WE ARE NOT LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH YOUR USE OF THE SERVICES.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVAHANEPAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless VivahaNepal and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party.

16. DISPUTE RESOLUTION AND ARBITRATION

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

16.1 Informal Dispute Resolution.

We want to address your concerns without needing a formal legal case. Before filing a claim against VivahaNepal, you agree to try to resolve the dispute informally by contacting vivahanepal@gmail.com. We will try to resolve the dispute informally by contacting you. If a dispute is not resolved within 60 days of submission, you or VivahaNepal may bring a formal proceeding.

16.2 Agreement to Arbitrate.

You and VivahaNepal agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services, shall be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16.3 Arbitration Rules.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered in any court having jurisdiction.

16.4 Class Action Waiver.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor VivahaNepal will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. YOU AND VIVAHANEPAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.

17. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

18. TERMINATION

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Services or follow the account deletion instructions provided in your account settings. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. GENERAL

  • Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and VivahaNepal concerning the Services.
  • Waiver and Severability. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  • Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
  • Notices. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.

20. REPORTING CHILD SEXUAL ABUSE AND EXPLOITATION

VivahaNepal has a zero-tolerance policy towards child sexual abuse and exploitation. If we become aware of any Content or user behavior that appears to involve CSAE, we will:

  1. Remove the Content and terminate the offending user's account immediately.
  2. Report the incident and all relevant user information (including IP addresses and identifying details) to the appropriate law enforcement authorities and relevant reporting bodies (such as the National Center for Missing & Exploited Children).

If you become aware of any Content or behavior on our platform that involves the abuse or exploitation of children, you must report it to us immediately at vivahanepal@gmail.com. You may also report it directly to your local law enforcement agency.

21. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

vivahanepal@gmail.com