By accessing or using WeHitched’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.
Welcome to WeHitched, As used in this Agreement, the terms “WeHitched,” “us,” “we,” the “Company”, “the platform”and “our” shall refer to WeHitched.
Your use of our Services is also subject to the Privacy and Cookie Policies, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from WeHitched (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on WeHitched, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant WeHitched.
By using our Services, you represent and warrant that:
1. You are at least 18 years old;
2. You are legally qualified to enter a binding contract with WeHitched;
3. You are seeking a meaningful relationship.
4. You are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a “terrorist supporting” country;
5. You are not on any list of individuals prohibited from conducting business with India;
6. You are not prohibited by law from using our services;
7. You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
8. You are not required to register as a sex offender with any state, federal or local sex offender registry;
9. You do not have more than one account on our Services; and
10. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.
You agree to:
• Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website and/or App;
• Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;
• Be respectful when communicating with any of our customer care representatives or other employees;
• Review the Safety Tips; and
• Maintain a strong password and take reasonable measures to protect the security of your login information.
• Present yourself respectfully and authentically by adding at least one photo that shows your face.
You agree that you will not:
• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
• Use the Services in a way that damages the Services or prevents their use by other users;
• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
• Use our Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another user’s account;
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
• Violate the terms of the license granted to you by WeHitched (see Section 6 below).
• Disclose private or proprietary information that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without WeHitched’s prior written consent;
• Express or imply that any statements you make are endorsed by WeHitched;
• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• Upload viruses or other malicious code or otherwise compromise the security of our Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• “Frame” or “mirror” any part of our Services without WeHitched’s prior written authorization;
• Use meta tags or code or other devices containing any reference to WeHitched or the platform (or any trademark, trade name, service mark, logo or slogan of WeHitched) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
• Use, access, or publish the WeHitched application programming interface without our written consent;
• Probe, scan or test the vulnerability of our Services or any system or network; or
• Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content—WeHitched prohibits uploading or sharing content that:
• Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Is defamatory, libelous, or untrue;
• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
• Involves the transmission of “junk” mail or “spam”;
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from WeHitched or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Was not written by you or was automatically generated, unless expressly authorized by WeHitched;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of WeHitched or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that WeHitched provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Creation of duplicate profile on WeHitched is prohibited. In case the user has forgotten his password he can use the password retrieval option. Forgetting password, User ID, or any other reason for creating a 2nd profile on WeHitched is not allowed. WeHitched reserves the right to delete/block this profile or restrict access of this profile to use the Platform. WeHitched at its own discretion can decide to delete/block/restrict access of 2nd profile or the original profile or both profiles in all cases where duplicate profiles have been found.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3c. OUR CONTENT
WeHitched owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
WeHitched does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful WeHitched community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email WeHitched Customer Service at email@example.com .
The Platform is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. Visitors to the Platform are granted a nonexclusive, limited license to use and access the content and services offered in accordance with these Terms and Conditions (the “License”).
Privacy is important to us. We have a separate policy about it that you should read.
6. RIGHTS YOU ARE GRANTED BY WEHITCHED
WeHitched grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, WeHitched grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by WeHitched and permitted by these Terms and applicable laws.
7. RIGHTS YOU GRANT WEHITCHED
You own all of the content you provide to WeHitched, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to WeHitched a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. WeHitched’s license to Your Content shall be non-exclusive, except that WeHitched’s license shall be exclusive with respect to derivative works created through use of our Services. For example, WeHitched would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that WeHitched can prevent the use of Your Content outside of our Services, you authorize WeHitched to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if Your Content is taken and used by third parties outside of our Services. WeHitched is not obligated to take any action with regard to use of Your Content by other users or third parties. WeHitched’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for WeHitched allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to WeHitched regarding our Services, you agree that WeHitched may use and share such feedback for any purpose without compensating you.
You agree that WeHitched may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. PURCHASES, CANCELLATION, AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from WeHitched. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.
If you choose to purchase an In-App Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features.
If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point is will expire.
Because our Services may be utilized without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your WeHitched subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, WeHitched may terminate your account immediately at its sole discretion. WeHitched will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8b below for more information.
Generally, all purchases are non-refundable.
Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the App, going to the “Settings” tab, and selecting “Account” (the gear icon), and following the instructions to terminate your membership. Any profile deleted by the profile user cannot be retrieved under any circumstances. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g. Google Play) to avoid additional billing.
WeHitched reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that WeHitched regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
WeHitched does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.
YOU UNDERSTAND THAT WEHITCHED DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WEHITCHED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. WEHITCHED RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE WEHITCHED TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY WEHITCHED, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though WeHitched strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person and WeHitched will not be responsible in any way for such in person meetings organized by users at their discretion or by WeHitched to facilitate its mission of connecting singles. When such interactions and events are organized by WeHitched, the Company will exercise due caution at all times and take all reasonable measures to ensure complete safety of its users. The final responsibility for attending such events rests with the user and the user has complete discretion to not attend such events. WeHitched will not be responsible for any interaction and consequences of such an interaction between users either before or after the event. Users are advised to exercise extreme caution while befriending other users or subscribers outside of WeHitched events and WeHitched will not be responsible for such interactions entered solely at the discretion of the users.
WeHitched’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
WEHITCHED PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEHITCHED DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, WEHITCHED MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
WEHITCHED TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES WEHITCHED TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH WEHITCHED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WEHITCHED IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
12. Information Technology Act, 2000
The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 along with rules, regulations, guidelines, bye laws and notifications made thereunder. The user also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. You shall alone be responsible for all your acts, deeds and things and that you shall also be liable individually for civil and criminal liability arising thereunder or under any other law for the time being in force.
13. LIMITATION OF LIABILITY
WeHitched’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEHITCHED, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WEHITCHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WEHITCHED’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WEHITCHED FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact WeHitched Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against WeHitched, these terms will apply.
If you pursue a legal claim against WeHitched, you agree to arbitration (with limited exceptions).
In case of any dispute that may arise, you agree that you shall refer the dispute for resolution through arbitration proceeding under the Sole arbitrator appointed from the Panel of Arbitrators of WeHitched. The seat of arbitration shall exclusively be Uttar Pradesh. All the arbitration proceeding to resolve the dispute will be carried out as per the Arbitration & Conciliation Act 1996 as amended up to date. The Arbitration Award will be final and binding on you.
These Terms and Conditions shall be construed and interpreted in accordance with the laws of Republic of India and the courts at Uttar Pradesh shall have the exclusive jurisdiction to entertain and try any matter arising out of this Agreement or any agreement(s) thereunder, without conflicts of law thereof. This is the case regardless of whether you reside or transact business with WeHitched anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
15. INDEMNITY BY YOU
You agree to indemnify WeHitched if a claim is made against WeHitched due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless WeHitched, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
16. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
17. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
19. Users of the Platform are consenting for receiving
a) Membership Emails: Emails conveying the benefits of paid membership to Users. These are sent to the Email address mentioned by the Users in their profile.
b) Important Notifications from the Platform – Messages/notifications are sent to Users to inform them of various alerts related to usage of the Platform. These will be communicated to the Users by Email/app notifications etc.
c) Membership SMSes/Calls: SMSes or phone calls shall be sent conveying the benefits of paid membership to Users. Users will receive these calls or SMS on any of the phone numbers mentioned by Users on their profile, if they have subscribed to calls/ SMS in their alert manager settings.