Please read the following Terms and Conditions very carefully as Your use of http://www.couplink.in (the “Website”) and associated Services (as defined below) is subject to Your acceptance of and compliance with the following Terms and Conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the “Terms and Conditions”).
Accessing, browsing or otherwise using the Website indicates that You agree to all the Terms and Conditions herein. By impliedly or expressly accepting these Terms and Conditions of use of Website, You also accept and agree that You have read, understood and are bound by these Terms and Conditions, regardless of how You use the Website Services. If You do not want to be bound by the Terms and Conditions, You must not use the Website or the associated Services.
In these Terms and Conditions, references to “You” or “User” or “Website User” shall mean the end user accessing the Website, its services, its contents or using any other services offered by the Website. “Website Services” means a collective reference to the Website service provided by Groot Consulting Private Limited (“Groot”), CIN: U74900WB2015PTC208740, a company under the provisions of companies act, 2013 and having its registered office at ASR 117, Astra Towers, Plot 2C/1, Street No 4444, Action Area II C, Newtown, Kolkata, West Bengal 700156 (‘Company’).
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms and Conditions, or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever
For purposes of this Terms and Conditions, whenever the context requires:
(a) the singular number shall include the plural, and vice versa;
(b) the masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders; and
(c) the words include and including, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words without limitation.
By agreeing to the Terms and Conditions, User hereby authorises Groot (and its third party authentication agency) to conduct verification checks on the User. The verification process is critical/ important for receiving the complete set of services offered at the Website by Groot.
Scope
Website acts as a platform to enable any user to use the services provided by the Website (by filling the mandatory fields and optional fields, if any) for checking compatibility with their prospective partner.
Website Users are provided with paid access for checking their compatibility with their prospective partner. On successfully submitting the details, a report on compatibility shall be sent to the User at their registered email address. If the User checks the compatibility with more than one prospect, a comparison report shall be sent to the User at their registered email address. This Service may be availed by the User, and / or his marriage prospects across India.
The Users of the Website is guided by the Terms and Conditions mentioned herein below. By using or accessing the Website Services, You agree to be bound by all the Terms and Conditions.
Eligibility
To be a User of this Site, You must be of legal marriageable age as per the laws of India (currently, 18 years or over for females and for males). The Website is only to facilitate to check compatibility with the prospective partner. By using this Website, You represent and warrant that You have the right, authority, and legal capacity to enter into this Terms and Conditions and that You are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining You from entering into matrimony. You also agree to abide by all of the Terms and Conditions mentioned herein. If at any time Groot is of the opinion (in its sole discretion) or has any reason to believe that You are not eligible to be a User or that You have made any misrepresentation about Your eligibility, Groot reserves the right to forthwith terminate Your right to use the Website and associated services without any refund to You of any of Your utilized / unutilized subscription fee.
Termination
You may cease to be a User at any time, for any reason by writing to Groot. In the event, You cease to be a User, You will not be entitled to a refund of any unutilized fees, if any, paid by You, except where otherwise stated in writing by Groot. Groot may terminate Your access to the Website for any reason effective upon sending notice to You at the email address as provided by You in Your application for availing the services of Website or such other email address as You may be later provided to Groot. Should the User object to any Terms and Conditions, or become dissatisfied with the services in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Groot of such discontinuance. Upon termination of the Service, User’s right to use the Website/Services shall immediately cease. The User shall have no right and Groot shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Non-Commercial use by the Users
The Website is for the personal use of Users for compatibility analysis and cannot be used in connection with any commercial endeavours. This includes providing links to other web sites, whether deemed competitive to Groot or otherwise. Organizations, companies, and/or businesses, intending to use the services of the Website for any purpose should seek prior written permission from Groot. Illegal and/or unauthorized use of the Website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Groot’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Change in Terms
Groot reserves the right to change the Terms and Conditions under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these Terms and Conditions.
Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Groot in respect of the Website, The User further consents that the Terms and Conditions of such Privacy Policy are acceptable to him.
Any customer grievances can be reported to the Grievance Officer specifically dedicated to address all customer concerns. You may contact the Grievance Officer at helpdesk@couplink.in
Limitation of Liability
The User understands that the services provided by Groot through the Website is based on the information provided by the User and his prospect(s) and thus has limitation on the absoluteness of the service. The compatibility score and guidelines provided by Groot do not guarantee a successful marriage or relation. The User agrees to indemnify Groot from and against any or all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against User on account of divorce or separation or marriage break-up or any other break-up in the relation at any point of time.
Groot has endeavored to ensure that all the information on the Website is correct, but Groot neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Groot makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of the information contained in the Website.
Although the Website shall try to come up with a compatibility report within the stipulated time, however if it cannot come up with the said report, then the Website/ Groot shall not be liable to return the requisite fees or provide compensation to the User.
Although Groot makes reasonable commercial efforts to ensure that the description and content in the Terms and Conditions and on each page of the Website is correct, it does not, however, take responsibility for changes that occur due to human error or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
All risks when using the services and the Website, 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 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 provided through Website. 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 Website or proceeding with a match and/ or deciding to be in a relationship with a match here from.
In no event shall Groot be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User’s transmissions or data resulting from theft, hacking, misappropriation, or whatsoever; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall Groot be responsible for the delay or inability to use the Website or associated services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Groot shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the control of Groot. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Groot arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Link to Third Party Sites
The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Groot or the Website and Groot is not responsible for the contents of any Linked Site, including, without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Groot is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Groot is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Groot or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Groot may or may not endorse any advertiser on its Website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Groot is not responsible for any errors, omissions or representations on any Linked Site. Groot does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
If the Website is advertised in a third party Website/ media platform then Website Groot is not responsible for any type of error/ fraudulent activity/ misconduct of that respective third party Website/ media platform.
Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by the Terms and Conditions including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
Use of Communication Service
The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the Terms and Conditions of this Agreement or any other Terms and Conditions for the use of the Website contained elsewhere herein.
Groot has no obligation to monitor the Communication Services. However, Groot reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Groot reserves the right to terminate the User’s access to any or all of the Communication Services at any time without giving notice for any reason whatsoever.
Groot reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Groot’s sole discretion.
Groot does not control or endorse the content, messages or information found in any communication service and, therefore, Groot specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User’s participation in any communication service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
Payment Terms
Groot reserves the right to charge fees for the offered Services. Groot further reserves the right to alter any and all fees from time to time, without giving any notice whatsoever.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the services of Website.
Obligation of User
The User also understands that the services may include certain communications from Groot as service announcements and administrative messages. The User understands and agrees that the services are provided on an “as is” basis and that Groot does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
The User also agrees to provide true, accurate and complete information about himself and his prospective partner as prompted by the Profile Details form (“Registration Data”) on the Website. If the User provide any information that is untrue, inaccurate, not current or incomplete, or Groot Consulting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Groot has the right to suspend or terminate the User from availing services of the Website and refuse any and all current or future use of the Website and/or any of its services Furthermore, the User grants Groot the right to disclose to third parties, any data including but not limited to registration data to the extent necessary for the purpose of carrying out its services.
Proprietary rights
Ownership of Proprietary Information: The User confirms and agrees that Groot is the owner of highly valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and Personality Assessment being provided by the Website (collectively, “Confidential Information”). Groot owns and hereby retains all proprietary rights in the services, the information provided in the Website and the Website, including but not limited to, all Confidential Information.
Other Users Information: The User undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Confidential Information of Website or any information copyrighted or copyrightable or not of third party proprietary information available via the services or the Website.
License to Posted or Accessed Content: By posting information or content to any page(s), or making it accessible to Groot by linking the User account with the Website 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 Groot 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.
Non-Partner
None of the provisions of this Terms and Conditions, or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Groot and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Groot and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Groot and its agents as their agent for this purpose.
Indemnification
The User agrees to indemnify, defend and hold harmless Groot from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Groot that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Terms and Conditions.
You shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Groot cannot be held responsible for the same.
Payment for Services
Website accepts payments made through Visa, MasterCard, Rupay, and select Debit Cards and Net Banking. Other payment methods may be added from time to time.
The User shall carefully review the details and be solely responsible for making any payment. The Website shall not be responsible for exchanges or refunds after a purchase has happened.
If the User does not receive a confirmation message (in the form of a confirmation page or email) after making payment or submitting payment information, or if the User experiences or gets an error message or service interruption after making payment or submitting payment information, it is the responsibility of User to inform the same to the Customer Service Department at helpdesk@couplink.in whether or not the order has been placed. The Website or Groot shall not be responsible for losses (monetary or otherwise) for failed transaction or non-transaction or anything, whatsoever.
Severability
If any provision of this Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms and Conditions shall continue to be in full force and effect.
Notices
All or any notices and communications shall be in writing, in English and shall be delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Groot, at notice@couplink.in or at the address posted on the Website.
Jurisdiction
If there is any dispute about or involving the Website and/or the Services, by using the Website, You unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Kolkata, India only.
By using the Website or the Services of the Website, You unconditionally and irrevocably confirm that You have read and understood the Terms and Conditions and agree to abide by them.