WOOING SERVICES PVT. LTD.
Terms & Conditions
These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Wooing Services Private Limited (hereinafter referred to as "Wooing"). Terms and Conditions state the grounds on which the User can use and/ or register with Wooing (“Mobile App”/ “Website”/ “Us”/ “We”/ “Our”/ “Wooing”).
Terms and Conditions are updated from time to time at Our sole discretion and the most updated version is available on the Site at all times along with the date of last revision. Continued use by the User of the Site after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions. By accessing the Site, and using the Services (as defined below) as offered in this Site, You become the User and become bound by, the terms and conditions of this Agreement and other Policies of Wooing for as long as you continue to use/ visit the Site or Services.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH THE SITE OR FOR THE SERVICES.
Your use, registration or participation in any manner with the Site or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.
We, at Wooing, provide matchmaking services consisting of recommendations and suggestions based on the Users’ requirements (collectively, the "Services").
Wooing may offer additional services or revise any of the Services, at its discretion at any future date in which case these Terms and Conditions shall apply to all additional services or revised Services.
All rights to cease offering any of the Services on the Site are reserved with Wooing.
Eligibility
Minimum Age: User of the Site must be at least 18 years old to use or to register at the Site for the Services. By using the Services on the Site, the User represents and warrants that he/ she is a minimum 18 years old. It is possible that certain Services may have other age requirements and such other age requirements are stated at the relevant places.
Marital Status: By requesting to use, registering to use, or using the Services, the User represents and warrants that the User is not married or is divorced. If the User is not legally divorced, then the Services will not be available for the User till the divorce is legally achieved.
Criminal History: By requesting to use, registering to use, and/or using the Service, the User represents and warrants that the User has never been convicted under any law governing us or the User. Wooing reserves the right to conduct a criminal background check, at any time and using available public records, to confirm possibility of misrepresentation. By agreeing to these Terms and Conditions, the User consents to and authorises such check.
Verification: By agreeing to the Terms and Conditions, User hereby authorises Wooing (and its third party authentication agency) to conduct verification checks on the User/ You. The verification process is critical/ important for receiving the complete set of Services offered at the Site by Wooing.
The verification process is initiated and performed if specifically asked by You to receive the defined set of Services offered at the Site.
Wooing, at its sole discretion decides to conduct a Verification check whenever deemed necessary.
In either case, the User will be appropriately notified and requested to provide the required documents and fill up the necessary Consent Forms for initiating and completing the Verification process.
User agrees and confirms that non-abidance of Verification requests made by Wooing will render the Registered Account at the Site terminable at the instance of Wooing without any recourse, whatsoever.
Wooing is authorised and justified in taking any action necessary on such refusal by the User.
User agrees and understands that Wooing or its third party expert service provider and their associates are not the author or creator of the information coming forth in the Verification Checks. Under this premise and limitations, Wooing or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks.
Wooing, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
Meeting Matching System Criteria: To register for the Services, the User has to undertake a Personality Assessment prepared by Wooing specialists/ experts in the panel. User is expected to fill in/ respond to the questions in the Personality Assessment. This will be helpful for Wooing to make recommendations of closest match in personality type and probable compatibility with the User. There is a possibility that occasionally the matching system cannot identify high quality compatible matches or meet the minimum matching threshold required in Our system for any given individual for either identifiable reasons or not, or for not completing the Verification Process, in which case We will not be able to provide the Services on this Site to the User and could even cause the Account to be terminated at the sole discretion of Wooing. The User could also register with the Site if the same has been recommended through any of our third party entity/ or corporate schemes. However, it is clarified that any such recommendation will not give rise to any liability on part of the third party entity/ or corporate recommending the Services and User will have no claim against the relevant recommending entity or Wooing during the term of receiving the Services or thereafter.
Use of site & services
As a User of the Site or a User registered to use any of the Services (a "Registered User"), the User agrees to the following:-
Exclusive Use: The account with the Site is available under two categories, i) Paid account; and ii) Free User account. Once an account is created with the Site it is for the User’s personal use only. The User may not authorize others to use the account. The account with the Site is non assignable and non-transferable to any third party whether a person or an entity. The User acknowledges and confirms that Wooing is not responsible for third party access to the User’s account that results from theft, hacking or misappropriation of user names and passwords.
Geographic Limitations: The Site and Services are currently intended for Users within India. The app is based on user’s location, so it can be accessed only if the GPS location of the device is turned on and the app is given the permission to access the device’s location. The Services and the Site at some time may be made open to other geographical locations as well and the same will be made known to the Users through notifications/ intimation on the Site. The User agrees to at all times use the Services in a manner consistent with this Terms and Conditions and any and all applicable local, state, national and international laws and regulations, including, but not limited to, the one’s of the location where the User is located or is a national of. By using the Services, as a User You represent that you have not been designated by any applicable law or regulation as a person / entity to whom the provisions of the Services cannot be provided and who is prohibited from receiving the Services. Registration for, and use of, the Services become void if the same have been prohibited and the User uses or registers with the Site. You are responsible for determining whether the user of the Services is legal in your jurisdiction
Information Submitted The User is solely responsible for, and assume all liability regarding, (i) the information and content provided at the Site for the Service; (ii) the information and content the User posts, transmits, publishes, shares or otherwise makes available (hereinafter "Post") to Wooing for the Services; (iii) User interactions with other Registered Users through the Services; and (iv) the information provided in the Personality Assessment. The Site shares User’s public information / profile with the specific User’s matches.
Risk Assumption and Precautions: All risks when using the Services and the Site, including but not limited to all of the risks associated with any online or offline interactions with others, including meeting other matches remain with the User. The User is expected to use his / her best judgement in experiencing any of the benefits/ requirements of the Services. The User agrees to take all necessary precautions when meeting individuals through the Site and under the Services. In addition, the User agrees and confirms to review and follow the recommendations set forth in the Site as pointers to Safety and/ or mailed to User from time to time. The User undertakes to adhere to the Safety pointers and shall all times be responsible for all outcomes of meeting/ sharing information and/ or being in a short or a long term relationship through the Services/ Site. It is accepted and understood by the User that at all times the User shall use his/ her judgement and discretion in receiving the Services through the Site or proceeding with a match and/ or deciding to be in a relationship with a match herefrom.
No Guarantees: Wooing, through the Site and its specific systems, attempts to provide matches on a best effort basis. Further, every User may not find ideal matches through the Services. Furthermore, Wooing does not make any representations or guarantees regarding the number or frequency of matches through the Service, or the ability, desire or criteria of such proposed matches to communicate with the User. The User fully understands and accepts that Wooing makes no guarantees, either express or implied, direct or indirect, regarding User’s ultimate compatibility with matches/ individuals the User meets through the Service or as to the conduct of such individuals.
Background and Verification Checks: Wooing engages with third party experts for conducting basic background verification checks and does not take any guarantees for the same other than as offered, represented, warranted and undertaken by such third party experts providing these services to Wooing. By accepting the Terms and Conditions and having a Registered Account with the Site, the User has agreed to get the Self Verification Process completed. User agrees and accepts that if the User refuses/ fails to get the Verification check completed then, Wooing at its sole discretion, without any recourse from the User, have the right to terminate the Account. The set of Services offered at the Site are linked to completion of the Verification process and the User may receive corresponding permits based on the Verification.
No Tolerance for Objectionable Content or Abusive Users: Abuse, trolling, inappropriate & objectionable content such as (but not limited to) threats, nudity, obscenity etc. are an immediate violation of the Terms of Use of Wooing. If any such violation is brought to Wooing’s attention via a “Report User” mechanism or other mechanism, Wooing will take strict and relevant action against such violation.
Wooing does not guarantee or warrant the accuracy, validity or completeness of the Verification check done by the third party expert service provider and disclaims that the outcome of the Verification Check will meet the User’s aspirations or expectations. It is clarified that the Verification Check is verifying the existence of facts and information provided by the User voluntarily for verification it is not for verifying authenticity of the facts. If any of the state, municipal of other government records indicate a conflict in facts vis-à-vis the information provided by the User, then Wooing is likely to rely on the professional judgement of the third party expert service provider in determining the outcome of the Verification Check. If Wooing, in its sole and fair judgement believes that false information provided by the User is with an intention to mislead the Verification Process or alter the outcome of such verification check, or defame Wooing, or in any manner negatively impact the Services or Wooing’s ability to deliver the Services to other Users, then defaulting User accepts that Wooing will have complete rights in law and tort against the User in question. Wooing at its sole discretion may choose to take any such action as it deems fit.
Reporting of Violations: The User is obligated and will promptly report at the Site any violation of the Terms and Conditions by others, including but not limited to, Registered Users as soon as the User becomes aware of the same.
Content Removal: Wooing reserves the right, but has no obligation, to monitor the information or material, that a User submits to the Site or the Posts in the public areas of the Services or linked to other public sites. Wooing at all times reserves all rights to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Terms and Conditions or the integrity of any other User or upon the request/ report of any third party. Wooing reserves the right to remove matches previously delivered to the User, in its sole discretion, in order to maintain the quality of experience and authenticity of the Site, without any recourse from the User.
Posting and Communication Restrictions: The User will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, which:
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promotes any kind of discriminatory material, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
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is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
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is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
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contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without prior approval of the owner;
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contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
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promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
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intended to defraud, swindle or deceive other users of the Services;
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contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
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promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
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disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
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is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
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impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
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solicits gambling or engages in any gambling or similar activity;
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uses anything or other automated technology to access the Site or Services;
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uses the Site or Services for chain letter, junk mail or spam e-mails;
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collects or solicits personal information about anyone under 18 years of age; or
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is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information: By registering with the Site and receiving the Services the User undertakes not to provide inaccurate, misleading or false information to Wooing or to any other user or recommended/ suggested matches. If information provided to Wooing, or at the Site or another user subsequently becomes inaccurate, misleading or false, within the User’s knowledge then the User will promptly notify the Site of such change or discontinue usage of the Site/ Services if User does not require the Services any longer.
No Advertising or Commercial Solicitation: The User undertakes not to advertise or solicit any user to buy or sell any products or services through the Site or Services. User is strictly prohibited against transmitting any chain letters, junk or spam e-mail to other users. Further, no User shall use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent of Wooing and the other such User. It is clarified that any such use of information shall be to the sole liability and responsibility of the User engaging in such activity. Breach by any of the Users of the terms of this subsection and sending or posting unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services will cause substantial harm to Wooing, and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, the User shall be liable and agrees to pay Wooing a minimum of INR 50,000/- for each such unsolicited communication.
Single Bona-fide Profile: As a Registered User of the Service, the User is expected to create only one bona fide profile. In addition, it is stressed that the use of the Service must be for bona fide relationship-seeking / matchmaking purposes in order to maintain the integrity of the Services being offered through the Site (for example, User is discouraged from becoming a User for casual relationships, solely to compile a report of compatible singles in User’s area, or to write a school research paper or create a database for other similar sites or creating and collating database for any such purpose).
From time to time, Wooing creates test profiles in order to monitor the operation of the Services and also offers a feature to refer profiles/ prospective Users. The Users, at their will, can accept these offers and refer profiles to Wooing. All references to the Site, made by a User shall be of his/ her free will and wish.
Selection of Profiles: Wooing may offer promotions from time to time on the Site and in the context of the Services. Please note for any promotions on the Site, the User shall be under no obligation to accept the same. The User acknowledges and accepts that the decision to whether or not to accept the promotion offered or meet or to proceed with meeting or engaging in any relationship with any suggested/ recommended matches will be the sole discretion of the User in question, Wooing shall not be liable or responsible for any outcome whatsoever of such suggestions/ recommendations of matches or offering the promotions on the Site. It is clarified that all suggestions/ recommendations are made in good faith and with intentions of well-being whether or not to explore those suggestions/ recommendations are solely and totally in the judgement and assessment of the User.
User is encouraged to review Our Safety pointers while proceeding with any match in a more committed manner.
No Harassment of Wooing Employees or Agents: The User is prohibited from harassing, annoying, intimidating or threatening any Wooing employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then Wooing may take any legal action it deems appropriate against such User without prejudice to Wooing’s any other rights in law or tort.
Social Media: The Site may provide User the option to connect your Site account to any account on some social networking sites (such as via Facebook, twitter etc.) for the purpose of logging in, uploading information or enabling certain features on the Service. Please note, Wooing owes no responsibility for privacy practices of such websites which are not owned, controlled or managed by Wooing. If in following such links User may be asked to share any information governed under these provisions with the third party websites and thus the User shall be solely responsible for sharing and handling, storing, possessing and use of that information with such third party websites. Usually, third party websites are governed by their own Privacy guidelines and the User is encouraged to review these carefully to understand the handling of information at third party sites. The User is aware and confirms that in such a scenario User will be governed and bound by the policies of the third party website and Wooing will not be liable in any manner for any misuse, thereunder. Each social network allows User to set privacy controls around on their system, and Wooing’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by Wooing and each social networking site involved, and therefore the available features and shared information are subject to change without notice or consent of the User. All information shared on the Site by the User is used in compliance with the Privacy Policy on the Site. We recommend User reads the Privacy Policy on our Site, carefully. Once connected, some of the User matches may also be able to see information about the User’s social network, such as the size of your network and your friends, including common friends. By connecting the User account on this Site to other social networking site, the User unconditionally consents to the continuous release of information about the User to Wooing. It is clarified, Wooing does not send any User account information to the connected social networking site without first disclosing that to the User. The User at all times has the right to opt-out of this provision by making alterations in the Account Settings page on the Site.
Third Party recommendations: Users registered/ registering with the Site from third party corporate recommendations will have to follow all procedures and requirements specified on the Site including the Verification Process and shall be governed by these Terms and Conditions and the Privacy Policy and are expected to consider Our Safety Guidelines provided on the Site. There is no preferred User status for any User at the Site. All third party corporations recommending the Site among their work force do so as per their company policies and do not incur any liability from doing so or their referred User receiving the Services on Wooing’s account.
Proprieatry rights
Ownership of Proprietary Information: The User confirms and agrees that Wooing is the owner of highly valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and Personality Assessment being shared on the Site (collectively, "Confidential Information"). Wooing owns and hereby retains all proprietary rights in the Services, the information provided in the Site and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information: The User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted or copyrightable material, trademarks, or other proprietary information accessible via the Services, Site or the information on the Site without first obtaining the prior written consent of Wooing, who is the owner of such proprietary rights.
Other Users' Information: Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. The User undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Confidential Information of Wooing or any information copyrighted or copyrightable or not of third party proprietary information available via the Services or the Site.
License to Posted or Accessed Content: By posting information or content to any profile pages or public area of the Services, or making it accessible to Wooing by linking the User account with the Site to any social network accounts (e.g. via Facebook, twitter etc.), the User grants unconditionally and in perpetuity, and represents and warrants that the User has the right to grant, to Wooing and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, Wooing may create, test or implement new features or programs on the Site in which the User may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the User grants and unconditional and perpetual right to Wooing and consents to terms and conditions (if any) of such features or programs.
User Information
Privacy Statement: For information about the collection and possible use of information and material provided by the User at the Site please review the Privacy Policy on the Site.
No Contact Information User agrees that User will not post any e-mail addresses, personal website address, personal phone numbers on a third party website, or other contact information in the "About Me" section of the Service or in any other communications the User may have with other users. The User may, at his/ her discretion, exchange such information after the User reaches “anonymous messaging” phase with the appropriate, shortlisted and approved by the User as his/ her preferred match.
Disclosure By Law: The User is aware and agrees and consents unconditionally to disclosures of information on the Site required to be made: i) under law by Wooing; ii) at the request of a third party under various consent forms; iii) any investigative requirement, or if Wooing, in its sole discretion, believes that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Wooing's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened; or (4) in support of a fraud/ legal investigation/ verification checks.
Disclosure to Protect Abuse Victims: Notwithstanding any other provision of this Terms and Conditions or the Privacy Policy, Wooing reserves the right, but has no obligation, to disclose any information that the User submits at the Site, if in its sole opinion, Wooing suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that Wooing, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials, expert professional investigative agencies. The User understands the provisions of this subsection and grants Wooing unconditional, perpetual right and permission to make such disclosure.
Use of Anonymous Information for Research By using the Services, the User permits Wooing to anonymously use the information from the User and User experiences through the Services to continue / contribute to Wooing’s research into successful relationships and to improve the experience and quality of the Services. Such research is conducted by psychologists and behaviour research scientists on the panel of Wooing, and may be published in academic journals. However, all of User responses will be anonymous, and nothing containing User’s personal identifying information shall be published.
Complete Removal of Data upon Deletion of Profile In case user deletes his/her profile at any time, it cannot be recovered. And if the user wishes to re-login to the app/website, then in such case he/she will have to sign-up again for a new ID.
LINKS TO THIRD-PARTY WEB SITES / DEALINGS WITH ADVERTISERS AND SPONSORS/ THIRD PARTY RECOMMENDATIONS
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Wooing, and Wooing is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Wooing provides these links as a convenience on the Site, and the inclusion of any link does not imply that Wooing or the Site endorses or accepts any responsibility for the content on such third-party web site. The Users correspondence or business dealings with, or willingness of participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment, other than when payment details are stored with Wooing for keeping credit details and delivery of services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) shall be solely between the User and such advertiser or sweepstakes sponsor or third party. The User acknowledges and confirms that Wooing will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information the User shares/ provides to Wooing with advertisers or sweepstakes sponsors, or any third party or as the result of the presence of such advertisers or third parties on the Services. Please visit the Privacy Policy on the Site to learn more about how User information is handled by Wooing. All Users receiving the Services or registering on the Site at the recommendation of any third party corporation do so on their risk and shall at all times be governed by the applicable Terms and Conditions and Policies on the Site. Wooing does not warrant anything nor does it incur any liability towards such Third Party recommending Corporate. All recommendations to the Site is being made by the Third Party corporate at its own instance with no liability incurred on behalf of Wooing.
Wooing will promote its app/website on facebook, instagram, telegram, outlook, youtube, snapchat and other marketing platforms. But user’s personal information / profile(s) will not be shared for the same.
Disclaimer of waranty
No Warranties: This section will apply to the maximum extent permitted by applicable law. Wooing provides the services on an "as is" and "as available" and “best efforts” basis and grants no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the services or the result of the services or the site (including all information contained therein), including any implied warranties of correctness, validity, accuracy appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. Wooing does not warrant that the use of the services will be secure, uninterrupted, always available, error-free or will meet the user’s requirements, or that any defects in the services will be corrected or result in the desired results. Nor does it represent or warrant that any match resulting in marriage is of the highest compatibility and shall never result in divorce or separation. Wooing, through the Site and its specific systems, attempts to provide matches on a best effort basis but Wooing is not responsible for the future physical meetings in any manner. Wooing disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services at all times and the results of the use of the services. Wooing disclaims liability for the outcome of the verification checks for particular user expectations or aspirations and verification of facts and information provided by the user for self verification/ verification checks. Any third party entity or corporate recommending these services to any user will not be liable for any services or results thereof provided to the user. Wooing nor any third party recommending entity warrants anything about the usage, results, outcomes, performance of the services, either directly or indirectly at any point in time. All risks of receiving the services is to the account of the user who is in complete awareness and willingness without any force subscribing to the services.
Third party content: Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by wooing, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Wooing does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than wooing, or (iii) the background verification information provided by the third party expert service provider agency. Under no circumstances will wooing be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to or by any users or any relationship resulting in marriage or any marriage resulting in divorce or any background verification information being false.
New features: From time to time, wooing may offer new features or tools with which its users may experiment on the services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at wooing's sole discretion. The provisions of this disclaimer of warranty section apply with full force to such features or tools.
Limitation of liability
Incidental damages and aggregate liability: To the maximum extent permitted by applicable law, in no event will wooing be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, result of using the services including, without limitation, damages for recommendation of the site, failed marriage achieved through the site, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if wooing knows or has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will wooing be liable for any liquidated or punitive damages.
No liability for non-wooing actions: To the maximum extent permitted by applicable law, in no event will wooing be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the site, the conduct of user or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other registered users of the services or as a result of using the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm other users or failed marriages or divorce of weddings caused under the use of the services.
Information Verification: Wooing and its contractors may use various ways, including engaging third party information verification service providers of verifying information that users have provided. However, none of those ways are perfect, and the User agrees that Wooing and its contractors will have no liability towards the User arising from any incorrectly verified information. At all times the User has the right to undertake information verification of matched users with whom the User is desirous of progressing and exploring.
Identification
The User agrees to indemnify, defend and hold harmless Wooing, its affiliates, subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that :-
(a) the User’s use of or inability to use the Site or Services,
(b) any user postings made by the User,
(c) the User’s violation of any terms of this Terms and Conditions or the User’s violation of any rights of a third party, or
(d) the User’s violation of any applicable laws, rules or regulations, or
(e) the User’s providing any false information to Wooing or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. Wooing reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, the User will co-operate fully in asserting any available defences in such case.
Communication & Privacy
Wooing may use the User email address to send messages notifying of important changes/ updates to the Services or special offers. Further, Wooing may contact User by telephone if the number is voluntarily provided on the Site, in order to communicate with you regarding the Services. User can at any time opt out of this if User does not want to receive such email messages or telephone calls. Users are requested to review our Privacy Policy carefully to understand the usage indicated here.
Terms & Termination
These Terms and Conditions become effective upon the User clicking on “I Accept” on the Site and will remain in effect in perpetuity unless terminated hereunder. Either the User or Wooing may terminate the User account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Wooing reserves the right to immediately suspend or terminate the User’s access to any of the Services, without notice, for any reason or no reason. Wooing also reserve the right to remove the User’s account information or data from Services and any other records at any time at Wooing’s sole discretion. Wooing does not use the User’s information once this Terms and Conditions are terminated or the Services are not being used, however, some information/ data about the User may remain archived with Wooing. In the event the account is terminated or access denied or suspended due to the breach of these Terms and Conditions or any other reason, then the User agrees that fees paid to Wooing will be non-refundable and all outstanding or pending payments will immediately become due and accelerated payment. The User may terminate the account by accessing the Account Settings or the User can stop accessing the Site and using and receiving the Services. Non-payment of renewal fees on time will also be an indication of the User’s desire to terminate his/ her account and discontinue receiving the Services. Following any termination of any Registered User's use of the Service, Wooing reserves the right to send a notice thereof to other Registered Users with whom the User has corresponded. If the User wishes to continue exchange with any of the other users after terminating this Terms and Conditions, then that will be at the sole discretion, responsibility and liability of such Users and Wooing will not be responsible for any outcome/ impact or result of such interactions.
10.2 Termination shall not affect any liabilities incurred by the User prior to the termination or for acts performed while registered with the Site which may result in a dispute post termination nor any provision expressed to survive or to be effective on termination shall expire. The obligations set out in this Section shall remain in full force and effect notwithstanding termination.
Cancellations
Cancellation At Any Time : Except as otherwise stated in this section, the User may cancel his/ her registration or subscription to Services at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page under the "My Settings" option. In such case, the subscription will terminate at the end of the subscription term for which payments have been made. There will not be any refund for any unused days of such subscription term.
7 days money back policy : Wooing offers its User(s) a 7 days money-back, if both the following conditions are met:-
A) Total number of swipes / likes by the user does not exceed 30.
B) Messages sent by the user to the number of profiles does not exceed 10.
The refund shall be processed within reasonable time upon written request by the user from his/her registered email id to info@wooing.in.
Renewals & Upgrades
In order to provide continuous service, all paid subscriptions for the Services on the date such subscriptions expire are renewed automatically. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). In addition, there could be times with special promotional offers are issued for renewals of different durations than the original. All renewal periods are communicated to the User upon confirmation of subscription. Upon upgradation of existing subscription, the time period (validity) left of old subscription will automatically get expired and the validity of the upgraded subscription will start a fresh. By accepting these Terms and Conditions the User acknowledges that the User account will be subject to the above-described automatic renewals. Subject to User approval, User credit card information may be stored/ retained by Wooing for all renewals. All User information stored and retained by Wooing is subject to the Privacy Policy and handled as per the Privacy Policy.
General Provisions
13.1 Agency: This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Wooing.
13.2 Assignments: Wooing may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Wooing shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User.
13.3 Force Majeure: Wooing shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Wooing, Payment Gateways or any other channel partners.
13.4 Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by Wooing. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
13.5 Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.6 Survival of Provisions: Terms and Conditions will survive termination of the same by the User or by Wooing.
13.7 Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.8 Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be at info@Wooing.in, if to Wooing, if to the User it shall be to address registered with the Site. 13.8
13.9 Right to Seek Injunction: The User accepts and acknowledges that the breach of the Terms and Conditions may cause Wooing irreparable harm, and thus confirms and accepts that Wooing will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that Wooing may have under law and tort.
13.10 Miscellaneous: Terms and Conditions, Privacy Policy and other policies on the Site or made known by us from time to time, comprise the entire agreement between the User and us regarding the use of this Service, superseding any prior agreements/ correspondences between the User and us related to the User’s use of this Site or Services (including, but not limited to, any prior versions of Terms and Conditions). If any provision of the Terms and Conditions are held invalid, the remainder will continue in full force and effect. The titles are for convenience only and have no legal or contractual effect.
Nudity & Sexual Contnet Policy
We would like to remind all members of our community about our strict policy regarding nudity and sexual content on our platform. Our goal is to create a safe and respectful environment for all users, and we rely on your cooperation to maintain these standards.
What is Prohibited:
14.1 Nudity: Posting or sharing explicit images, videos, or content that displays nudity, genitals, or explicit sexual acts is strictly prohibited.
14.2 Sexual Content: Content that promotes or glorifies explicit sexual content, including but not limited to, explicit discussions, fetish content, and graphic sexual descriptions, is not allowed.
14.3 Pornography: Sharing or distributing any form of pornography is a violation of our policy.
14.4 Harassment and Inappropriate Conduct: Harassing or engaging in inappropriate sexual conduct with other users, whether through messages, comments, or any other means, is not tolerated.
Consequences for Violation:
Users found in violation of this policy may face immediate and severe consequences, including but not limited to:
14.5 Content Removal: Any offending content will be removed promptly.
14.6 Account Suspension: Repeated violations may result in a temporary or permanent suspension of your account.
14.7 Legal Action: In cases involving explicit content that is illegal, we may take legal action as appropriate.
We encourage all users to report any instances of nudity or sexual content that they come across on our platform. Your vigilance helps us maintain a safe and welcoming environment for all.
Please remember that our community guidelines are designed to protect our users and ensure a respectful online experience. We appreciate your understanding and cooperation in adhering to these guidelines.