Terms & conditions
These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Gleegl Private
Limited (hereinafter referred to as "HYD"). Terms and Conditions state the grounds on
which the User can use and/or register with this
howyoudoin.in
(“Site”/ “Website”/ “Us”/ “We”/ “Our”/
“HYD”). 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
HYD
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.
Eligibility.
a. Minimum Age. User of the Site must be at least 16 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 16
years old. It is possible that certain Services may have other age requirements and such other age
requirements are stated at the relevant places.
b. 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.
c. 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. HYD
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.
d. Verification. By agreeing to the Terms and Conditions, User hereby authorises HYD (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 HYD.
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 HYD will render the
Registered
Account at the Site terminable at the instance of HYD without any recourse, whatsoever. HYD is
authorised
and justified in taking any action necessary on such refusal by the User.
User agrees and understands that HYD 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, HYD or its third party expert service provider or their associates do not warrant
accuracy,
validity or completeness of the content of the Verification checks. HYD, 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.
e. Meeting Matching System Criteria. To register for the Services, the User has to undertake a Personality
Assessment prepared by HYD specialists/ experts in the panel. User is expected to fill in/ respond to
the
questions in the Personality Assessment. This will be helpful for HYD 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 HYD. 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 HYD during the term of receiving the Services or
thereafter.
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:
- a. 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 HYD is not responsible for third party access to the User’s account that results from theft,
hacking or misappropriation of user names and passwords.
- b. 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 HYD
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.
- c. 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 here from.
- d. No Tolerance for Objectionable Content or Abusive Users. Abuse, trolling, inappropriate &
objectionable content such as (but not limited to) threats, nudity, obscenity etc. are an immediate
violation of the Terms of Use of HYD. If any such violation is brought Our attention via a
“Report User”
mechanism or other mechanism, HYD will take strict and relevant action against such violation.
- e. No Guarantees. HYD 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,
HYD 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 HYD 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.
- f. HYD 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 HYD is likely
to rely
on the professional judgement of the third party expert service provider in determining the outcome of
the Verification Check. If HYD, 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 HYD, or in any manner negatively impact the Services or HYD's
ability to
deliver the Services to other Users, then defaulting User accepts that HYD will have complete
rights in
law and tort against the User in question. HYD at its sole discretion may choose to take any
action it
deems fit.
- g. 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.
- h. Content Removal. HYD 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. HYD 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.
HYD 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.
- i. No False Information. By registering with the Site and receiving the Services the User undertakes not
to provide inaccurate, misleading or false information to HYD or to any other user or
recommended/
suggested matches. If information provided to HYD, 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.
- j. 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 HYD 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 HYD, 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 HYD a minimum of
INR
10,00,000.00 for each such unsolicited communication.
- k. No Harassment of HYD Employees or Agents. The User is prohibited from harassing, annoying,
intimidating or threatening any HYD employees or agents engaged in providing any portion of the
Services. If any User breaches this provision of these Terms and Conditions, then HYD may take
any legal
action it deems appropriate against such User without prejudice to HYD any other rights in law or
tort.
- l. Social Media. The Site may provide User the option to connect your Site account to any account on
some social networking sites (such as via Facebook, twitter etc.) for the purpose of logging in,
uploading information or enabling certain features on the Service. Please note, HYD owes no
responsibility for privacy practices of such websites which are not owned, controlled or managed by HYD.
If in following such links User may be asked to share any information governed under these provisions
with the third party websites and thus the User shall be solely responsible for sharing and handling,
storing, possessing and use of that information with such third party websites. Usually, third party
websites are governed by their own Privacy guidelines and the User is encouraged to review these
carefully to understand the handling of information at third party sites. The User is aware and confirms
that in such a scenario User will be governed and bound by the policies of the third party website and
HYD will not be liable in any manner for any misuse, thereunder. Each social network allows User
to set
privacy controls around on their system, and HYD collection of information will always follow
such
controls and permissions. This feature is subject to continuous change and improvement by HYD and
each
social networking site involved, and therefore the available features and shared information are subject
to change without notice or consent of the User. All information shared on the Site by the User is used
in compliance with the Privacy Policy on the Site. We recommend User reads the Privacy Policy on our
Site, carefully. Once connected, some of the User matches may also be able to see information about the
User’s social network, such as the size of your network and your friends, including common friends. By
connecting the User account on this Site to other social networking site, the User unconditionally
consents to the continuous release of information about the User to HYD. It is clarified,
HYD does not
send any User account information to the connected social networking site without first disclosing that
to the User. The User at all times has the right to opt-out of this provision by making alterations in
the Account Settings page on the Site.
- m. Third Party recommendations. Users registered/ registering with the Site from third party corporate
recommendations will have to follow all procedures and requirements specified on the Site including the
Verification Process and shall be governed by these Terms and Conditions and the Privacy Policy and are
expected to consider Our Safety Guidelines provided on the Site. There is no preferred User status for
any User at the Site. All third party corporations recommending the Site among their work force do so as
per their company policies and do not incur any liability from doing so or their referred User receiving
the Services on HYD's account.
User Information.
- a. Privacy Statement: For information about the collection and possible use of information and material
provided by the User at the Site please review the Privacy Policy on the Site.
- b. 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.
- c. 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 HYD; ii) at the request of a third
party
under various consent forms; iii) any investigative requirement, or if HYD, 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 HYD'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.
- d. Disclosure to Protect Abuse Victims: Notwithstanding any other provision of this Terms and Conditions
or the Privacy Policy, HYD reserves the right, but has no obligation, to disclose any information
that
the User submits at the Site, if in its sole opinion, HYD suspects or has reason to suspect, that
the
information involves a party who may be the victim of abuse in any form. Information may be disclosed to
authorities that HYD, in its sole discretion, deems appropriate to handle such disclosure.
Appropriate
authorities may include, without limitation, law enforcement agencies, child protection agencies, or
court officials, expert professional investigative agencies. The User understands the provisions of this
subsection and grants HYD unconditional, perpetual right and permission to make such disclosure.
- e. Use of Anonymous Information for Research: By using the Services, the User permits HYD to
anonymously
use the information from the User and User experiences through the Services to continue / contribute to
HYD 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 HYD,
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.
Third-Party Web Sites/Dealings with Advertisers and Sponsors/Third Party recommendations
The Services may contain links to web sites of third-parties, including without limitation, advertisers,
which are not under the control of HYD, and HYD is not responsible for the content of any
linked site or any
link contained in a linked site, or any changes or updates to such web sites. HYD provides these
links as a
convenience on the Site, and the inclusion of any link does not imply that HYD or the Site endorses
or
accepts any responsibility for the content on such third-party web site. The Users correspondence or
business dealings with, or willingness of participation in promotions of, advertisers or sweepstakes
sponsors found on or through the Services (including payment, other than when payment details are stored
with HYD for keeping credit details and delivery of services, any personal information or opt-in
contact
information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions,
warranties or representations associated with such dealings) shall be solely between the User and such
advertiser or sweepstakes sponsor or third party. The User acknowledges and confirms that HYD will
not be
responsible or liable for any loss or damage of any sort incurred as the result of any such dealings,
including the sharing of the information the User shares/ provides to HYD with advertisers or
sweepstakes
sponsors, or any third party or as the result of the presence of such advertisers or third parties on the
Services. Please visit the Privacy Policy on the Site to learn more about how User information is handled by
HYD. All Users receiving the Services or registering on the Site at the recommendation of any third
party
corporation do so on their risk and shall at all times be governed by the applicable Terms and Conditions
and Policies on the Site. HYD does not warrant anything nor does it incur any liability towards such
Third
Party recommending Corporate. All recommendations to the Site is being made by the Third Party corporate at
its own instance with no liability incurred on behalf of HYD
Disclaimer of Warranty.
- a. Third party content: Opinions, advice, statements, offers, or other information or content made
available through the services, but not directly by HYD, are those of their respective authors,
and
should not necessarily be relied upon. Such authors are solely responsible for such content. HYD
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 HYD, or (iii) the background verification information
provided
by the third party expert service provider agency. Under no circumstances will HYD 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.
- b. New features: From time to time, HYD 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 HYD's sole discretion.
The
provisions of this disclaimer of warranty section apply with full force to such features or tools.
- c. No warranties: This section will apply to the maximum extent permitted by applicable law. HYD
provides the services on an "as is" and "as available" and “best efforts” basis and grants no warranties
of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the
services or the result of the services or the site (including all information contained therein),
including any implied warranties of correctness, validity, accuracy appropriateness, fitness,
compatibility for a particular purpose or outcome or non-infringement. HYD 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. HYD 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. HYD 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. HYD nor any
third
party recommending entity warrants anything about the usage, results, outcomes, performance of the
services, either directly or indirectly at any point in time. All risks of receiving the services is to
the account of the user who is in complete awareness and willingness without any force susbscribing to
the services.
Term and Termination.
These Terms and Conditions become effective upon the User clicking on “I Accept” on the Site and will remain
in effect in perpetuity unless terminated hereunder. Either the User or HYD 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. HYD 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. HYD also reserve the right to remove the
User’s
account information or data from Services and any other records at any time at HYD's sole discretion.
HYD
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 HYD. 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 HYD 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, HYD 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 HYD will not be responsible for any outcome/ impact or result of such interactions.
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.
Communication and Privacy.
HYD may use the User email address to send messages notifying of important changes/ updates to the
Services
or special offers. Further, HYD may contact User by telephone if the number is voluntarily provided
on the
Site, in order to communicate with you regarding the Services. User can at any time opt out of this if User
does not want to receive such email messages or telephone calls. Users are requested to review our Privacy
Policy carefully to understand the usage indicated here.
Cancellations.
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.
General Provisions.
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 HYD.
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 HYD. 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.
Notices: All notices, requests, demands, waivers and other communications required or permitted to be given
hereunder shall be @ [howyoudoin@gmail.com], if to HYD, if to the User it shall be to address
registered
with the Site.
Survival of Provisions: Terms and Conditions will survive termination of the same by the User or by
HYD.
Miscellaneous: Terms and Conditions, Privacy Policy and other policies on the Site or made known by us from
time to time, comprise the entire agreement between the User and us regarding the use of this Service,
superseding any prior agreements/ correspondences between the User and us related to the User’s use of this
Site or Services (including, but not limited to, any prior versions of Terms and Conditions). If any
provision of the Terms and Conditions are held invalid, the remainder will continue in full force and
effect. The titles are for convenience only and have no legal or contractual effect.