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 Wymm 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 Wymm provide customized matchmaking solutions consisting of recommendations and suggestions based on the Users’ profile and requirements (collectively, the "Services"). Wymm 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 Wymm.
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.
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.
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. Wymm 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.
By agreeing to the Terms and Conditions, User hereby authorises Wymm (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 Wymm. The verification process is initiated and performed if:
i. Specifically asked by You to receive the defined set of Services offered at the Site;
ii. Wymm, at its sole discretion decides to conduct a Verification check whenever deemed necessary.
User agrees and confirms that non-abidance of Verification requests made by Wymm will render the Registered Account at the Site terminable at the discretion of Wymm without any recourse, whatsoever. Wymm is authorised and justified in taking any action necessary on such refusal by the User.
User agrees and understands that Wymm or its third party 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, Wymm or its third party service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. Wymm, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner.
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:
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 Wymm is not responsible for third party access to the User’s account that results from theft, hacking or misappropriation of user names and passwords.
The Site and Services are currently intended for Users within India. 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 ones 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 can not 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
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 Wymm 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 information with the specific User’s matches.
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. 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.
Wymm through the Site and its specific systems attempts to provide matches on a best effort basis, however, every User may not find ideal matches through the Services. Furthermore, Wymm 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 Wymm 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.
Wymm 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 Wymm. 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, Wymm 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. Wymm 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 Wymm is likely to rely on the professional judgement of the third party expert service provider in determining the outcome of the Verification Check.
If Wymm, 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 Wymm, or in any manner negatively impact the Services or Wymm’s ability to deliver the Services to other Users, then defaulting User accepts that Wymm will have complete rights in law and tort against the User in question. Wymm at its sole discretion may choose to take any action it deems fit.
i. 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.
ii. Content Removal. Wymm reserves the right, but has no obligation, to monitor the information or material User submits to the Site or the Posts in the public areas of the Services or linked to other public sites. Wymm 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. Wymm 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.
iii. 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:
iv. No False Information. By registering with the Site and receiving the Services the User undertakes not to provide inaccurate, misleading or false information to Wymm or to any other user or recommended/ suggested matches. If information provided to Wymm, 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.
v. 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 Wymm 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 Wymm, 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 Wymm a minimum of INR 10,00,000 for each such unsolicited communication.
vi. 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, Wymm 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 Wymm. All references to the Site, made by a User shall be of his/ her free will and wish.
vii. Selection of Profiles. Wymm 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, Wymm 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.
viii. No Harassment of Wymm Employees or Agents. The User is prohibited from harassing, annoying, intimidating or threatening any Wymm employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then Wymm may take any legal action it deems appropriate against such User without prejudice to Wymm’s any other rights in law or tort.
Ownership of Proprietary Information. The User confirms and agrees that Wymm is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and Personality Assessment being shared on the Site (collectively, "Confidential Information"). Wymm 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 Wymm, who is the owner of such proprietary rights.
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 Wymm or any information copyrighted or copyrightable or not of third party proprietary information available via the Services or the Site.
By posting information or content to any profile pages or public area of the Services, or making it accessible to Wymm 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 Wymm 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, Wymm 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 Wymm and consents to terms and conditions (if any) of such features or programs.
The User agrees to indemnify, defend and hold harmless Wymm, 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 Wymm or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. Wymm 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.