These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Crescere Technologies Private Limited (hereinafter referred to as "TrulyMadly"). Terms and Conditions state the grounds on which the User can use and/ or register with this trulymadly.com (“Site”/ “Website”/ “Us”/ “We”/ “Our”/ “TrulyMadly”). 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 TrulyMadly 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 TrulyMadly provide matchmaking services consisting of recommendations and suggestions based on the Users’ requirements (collectively, the "Services"). TrulyMadly 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 TrulyMadly.
- 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. TrulyMadly 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 TrulyMadly (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 TrulyMadly. The verification process is initiated and performed if:
- Specifically asked by You to receive the defined set of Services offered at the Site;
- TrulyMadly, 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 TrulyMadly will render the Registered Account at the Site terminable at the instance of TrulyMadly without any recourse, whatsoever. TrulyMadly is authorised and justified in taking any action necessary on such refusal by the User.
User agrees and understands that TrulyMadly 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, TrulyMadly or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. TrulyMadly, 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 TrulyMadly specialists/ experts in the panel. User is expected to fill in/ respond to the questions in the Personality Assessment. This will be helpful for TrulyMadly 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 TrulyMadly. 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 TrulyMadly during the term of receiving the Services or thereafter.
2.Use of Site and Service.
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 TrulyMadly 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 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 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
- 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 TrulyMadly 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.
- 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. TrulyMadly 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, TrulyMadly 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 TrulyMadly 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. TrulyMadly 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 TrulyMadly. 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, TrulyMadly 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.
TrulyMadly 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 TrulyMadly is likely to rely on the professional judgement of the third party expert service provider in determining the outcome of the Verification Check. If TrulyMadly, 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 TrulyMadly, or in any manner negatively impact the Services or TrulyMadly’s ability to deliver the Services to other Users, then defaulting User accepts that TrulyMadly will have complete rights in law and tort against the User in question. TrulyMadly at its sole discretion may choose to take any action 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. TrulyMadly 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. TrulyMadly 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. TrulyMadly 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:
- promotes any kind of discriminatory material, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without prior approval of the owner;
- 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);
- 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;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- 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;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses anything or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age; or
- 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 TrulyMadly or to any other user or recommended/ suggested matches. If information provided to TrulyMadly, 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 TrulyMadly 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 TrulyMadly, 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 TrulyMadly a minimum of INR 1,00,000.00 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 databse for other similar sites or creating and collating database for any such purpose). From time to time, TrulyMadly 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 TrulyMadly. All references to the Site, made by a User shall be of his/ her free will and wish.
- Selection of Profiles. TrulyMadly 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, TrulyMadly 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 TrulyMadly Employees or Agents. The User is prohibited from harassing, annoying, intimidating or threatening any TrulyMadly employees or agents engaged in providing any portion of the Services. If any User breaches this provision of these Terms and Conditions, then TrulyMadly may take any legal action it deems appropriate against such User without prejudice to TrulyMadly’s any other rights in law or tort.
- Ownership of Proprietary Information. The User confirms and agrees that TrulyMadly 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"). TrulyMadly 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 TrulyMadly, 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 TrulyMadly 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 TrulyMadly 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 TrulyMadly 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, TrulyMadly 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 TrulyMadly and consents to terms and conditions (if any) of such features or programs.
- 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 TrulyMadly; ii) at the request of a third party under various consent forms; iii) any investigative requirement, or if TrulyMadly, 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 TrulyMadly'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.
- Use of Anonymous Information for Research. By using the Services, the User permits TrulyMadly to anonymously use the information from the User and User experiences through the Services to continue / contribute to TrulyMadly’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 TrulyMadly, 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.
5.Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors/ Third Party recommendations.
6.Disclaimer of Warranty.
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TRULYMADLY 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 APPRORPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE OR OUTCOME OR NON-INFRINGEMENT. TRULYMADLY 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. TRULYMADLY 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. TRULYMADLY DISCLAIMS LIABILITY FOR THE OUTCOME OF THE VERIFICATION CHECKS FOR PARTICUALR 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. TRULYMADLY 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 ACCOUTN OF THE USER WHO IS IN COMPLETE AWARENESS AND WILLINGNESS WITHOUT ANY FORCE SUSBSCRIBING TO THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by TrulyMadly, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TRULYMADLY 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 TRULYMADLY, OR (iii) THE BACKGROUND VERIFICATION INFORMATION PROVIDED BY THE THIRD PARTY EXPERT SERVICE PROVIDER AGENCY. UNDER NO CIRCUMSTANCES WILL TRULYMADLY 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, TrulyMadly 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 TrulyMadly's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7.Limitation of Liability.
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRULYMADLY 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 ACHIVED THROUGH THE SITE, OUTCOME OF VERIFICATION CHECKS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TRULYMADLY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TRULYMADLY BE LIABLE FOR ANY LIQUIDATED OR PUNITIVE DAMAGES.
- No Liability for non-TrulyMadly Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRULYMADLY 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 PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM OTHER USERS OR FAILED MARRAIGES OR DIVORCE OF WEDDINGS CASUED UNDER THE USE OF THE SERVICES.
- Information Verification. TrulyMadly 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 TrulyMadly 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.
The User agrees to indemnify, defend and hold harmless TrulyMadly, 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 TrulyMadly or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true. TrulyMadly 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.
9.Communication and Privacy.
10.Term and Termination.
10.1 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 TrulyMadly 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. TrulyMadly 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. TrulyMadly also reserve the right to remove the User’s account information or data from Services and any other records at any time at TrulyMadly’s sole discretion. TrulyMadly 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 TrulyMadly. 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 TrulyMadly will be nonrefundable 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, TrulyMadly 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 TrulyMadly 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.
- Cancellation At Any Time With No Refund. 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.
13. 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 TrulyMadly.
13.2 Assignments. TrulyMadly 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. TrulyMadly 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. TrulyMadly 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 TrulyMadly, 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 TrulyMadly. 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 TrulyMadly.
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 @ [[email protected]], if to TrulyMadly, 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 TrulyMadly irreparable harm, and thus confirms and accepts that TrulyMadly 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 TrulyMadly may have under law and tort.