This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time)and rules there under pertaining to electronic records as applicable and amended. This document is generated by a computer system and does not require any physical or electronic signature.
Please read the following terms and conditions very carefully as your use of Inclov 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).
INSTALLING, SIGNING UP, ACCESSING, BROWSING OR OTHERWISE USING THE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions of use of the Application, You also accept and agree that you have read, understood and are bound by these Terms and Conditions, regardless of how you or anyone on your behalf have installed, accessed or used the Application. If you do not want to be bound by the Terms and Conditions, you must not retain, access or use the Application in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly in contravention with these Terms and Conditions may render you liable for legal action.
In these Terms and Conditions, references to:
“You” or “Member” shall mean the end user or anyone on behalf of end-user installing, signing up, accessing, browsing or otherwise using the Application, its contents or any servicesoffered through this Application or by Inclov.
“Application or Application Provider” means a collective reference to the Inclov services provided over the application or on the website by inclov.com.
“Inclov” or “We” or “Us” means the Application provider and any third party whose goods / services are availed by us from time to time for providing, storing, processing, transferring, or promoting any services through the Application.
Through Inclov, we intend to provide following services initially and we reserve the right to add, amend or discontinue any of our services in future:
- Matchmaking service;
- Technical Accessibility Consultancy; and
- Providing Marketplace.
Access to our Application is reserved solely for those who are Eighteen years or above in age; and are not prohibited from entering into a contract of service of this kind by the applicable law of their competent jurisdiction.
2. Enquiries in relation to Application
While accessing the Application, you may :
- view a sample of profiles of our members; or
- call Inclov to enquire about the Application or Application Provider; or
- email your enquiries about Application.
- If you intend to register with Inclov, after enquiries of Application, then you shall fill an online subscription form (Form), for keying in your essential details and filling in the blanks. We expect that you would complete the Form with fairness and honesty while furnishing your personal information. You would appreciate that efficient and effective match making depends upon yourself furnishing true, accurate, current and complete information, photo(s), details about disability, life style, partner preferences, etc. You are expected to read the relevant column before entering in the details or selecting the option available or providing/uploading your photo(s) or any other document (s). You are requested not to enter details of the profile in field other than the applicable field (including mentioning id's of other platforms/websites/ applications/irrelevant information) or repeating your details in another fields, after filling them once in the relevant fields or providing other persons photographs. You further undertake that you alone shall be responsible or liable for any information provided to Inclov by you or anyone on your behalf. In order to serve you better if Inclov requires additional details you agree to provide the same to Inclov. Inclov shall reproduce the details mentioned in the Form on "AS IS AS AVAILABLE" basis to other members (i.e. members using the Application owned by Inclov.com / Inclov database etc.), and Inclov members shall be solely liable for the information given to us by the members or by anyone else on their behalf for such member.
- Every form filled by you shall undergo a review process and we reserve the right to seek such additional details as may be required in order to ensure that the details supplied by you meet the minimum criteria as decided by us from time to time. During such review process, we reserve the right to suspend or delete any profile if we have reasons to believe that the measures taken by you to improve the deficiencies are inadequate.
- If at any point of time Inclov comes to know or has reasons to believe that any information provided by you for registration or otherwise is found to be untrue, inaccurate, or incomplete then Inclov shall have full right to suspend or terminate your membership and forfeit the amount paid (if any) by you towards our membership fee and refuse to provide our service to such member thereafter without any notice.
Tenure of our service shall depend upon the package offered by us or for any tenure which may be introduced from time to time by us and chosen by you in compliance with conditions of the chosen package including but not limited to payment if any.
5. Mode of Payment
- You confirm that the payment made by cash/ cheque / Net Banking / Debit / Credit Card / mobile wallets would be in accordance with the prevailing guidelines of Reserve Bank of India or Central Government as the case may be including guidelines relating to Know-Your-Customer norms / Anti-Money Laundering and Combatting of Financing of Terrorism. Activation of our membership shall be subject to realization of the payment net of taxes and other charges including but not limited to any foreign currency conversion charges based on the prevailing exchange rates if any. Further we will not be liable for any charges due to dishonour of payment instructions.
- We may use third party payment gateways for collection of credit/debit card or other payment instruments. In case of such payment failure the same would be communicated to the you by the such third party or the payment gateway provider. Inclov shall not be responsible for Extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which results in no services, we offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts through the payment gateways.
- Member who has opted for any package in which the member needs to pay the complete amount in parts upon fulfilment of contingent conditions such as happening of marriage, then such member shall pay the balance amount on fulfilment of such conditions.
IV. Inclov may accept payments in any other mode as may be mutually acceptable to You and Inclov. In case of cash payments, it shall be your responsibility to ensure that the currency provided by you is capable of tendering legally and is not a counterfeit currency.
6. Role and Responsibility of Inclov
- Upon registration as a member after filling the Form, we will provide you access to our members’ area, where you can search, browse and see suggestions based on your partner preferences for a potential match.
- We will endeavor to provide member profile(s) as per your set partner preferences subject to availability of profile in the database of the Application. The Application with the database can be accessed at any point of time subject to fulfilment of membership conditions and any downtime or technical errors or other causes which are outside our control provided that you have access to internet services.
- The availability of member profiles depends on the number of registered members, and we undertake no obligation to provide you any definite number of profiles.
- We will provide you all assistance related to our Application and take appropriate measures to resolve any complaints which you may have in relation to our Application.
- Our liability in relation to any member profile is limited to the display of member profile in a form decided by us, and to take appropriate measures for any member account if we receive any complaint from any of our member. In case where it is found that a false complaint is filed by any of our member, then it is the victim member’s responsibility to take appropriate action if any. We will provide you reasonable assistance in providing any information on an order of a competent enforcement or judicial authority, provided that any expenses in doing so is to be borne by the member who has taken any action notwithstanding the result of such a claim.
Please note, any member’s conduct, personal interaction either over the Application or otherwise, any communication or transaction of any nature are outside the purview of our scope of service, and each member agrees to indemnify and hold us harmless in relation to the same.
- Suggestions made by Application are based on the data provided by the members in their partner preferences, algorithm, and other technological factors. Each member is expected to exercise due care and caution while proceeding with matchmaking with a shortlisted member profile.
- The profiles shared with members are from the data available with Inclov. We do not make any representations as to the accuracy and authenticity or otherwise in relation to any such data either provided at the time of registration or maintained subsequently. Our one-time password or e-mail verification methods only provide an assurance that the mobile number and e-mail address provided at the time of registration was in active state.
- Role and Responsibility of Member
- Members are requested to exercise due care and caution while shortlisting the prospect and satisfy themselves before making a choice of the match through adequate efforts, initiatives and due diligence. We will not be liable for short coming due to any misrepresentations made by any of its members/prospects to you. However, if it is reported or found by us that any member’s profile is misleading or inaccurate or any member is not in conformity with our Terms and Conditions, then we reserve the right to suspend, terminate or block such a member at our discretion.
- Members are expected to verify the credentials of the prospect such as family status, educational qualifications, financial status, occupation, character, etc.
- Members are expected to provide latest photograph which should not be more than 12 months old and keep all information up to date and accurate. Providing old photographs, inaccurate / false information of their educational qualification and income details shall be treated as violation of Terms and Conditions which will make such member ineligible from availing our services and any payment made towards the package will be forfeited.
- Members are expected to disclose their proper health records and disability specific information (if applicable) in the Form and keep such information up to date at all times. Such health information may include any pre-existing illness, among others. Non- disclosure of such information or inaccurate disclosure of such information at all times shall be treated as violation of the Terms and Conditions.
- Members are expected to refrain from :
- Entering into financial transactions with shortlisted prospects.
- Dealing with shortlisted prospects in any manner before carrying out due verifications of the prospect.
- Entering into physical relationship with prospect.
- Sharing of confidential and personal data with each other but not limited to sharing of bank details, etc.
vi. Each member and any person on behalf of any member shall not host, display, upload, modify, publish, transmit, update or share anything in any form through our Application which :
- belongs to another person and to which the member or any person who is acting on behalf of such member does not have any right to.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
- harm minors in any way.
- infringes any patent, trademark, copyright or other proprietary rights.
- violates any law for the time being in force.
- deceives or misleads the addressee about the origin or communicates any information (as defined under the Information Technology Act, 2000) which is grossly offensive or menacing in nature.
- impersonate another person.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Members are expected to be cautious of prospects who call from multiple numbers, only interact over phone, doesn't come forward for face to face meeting (physically or through video calls) upon request and don't involve family and friends in match making.
- Members cannot use the profile shared to them for the benefit of any third person(s) or for gaining any commercial benefits.
- Membership for the purposes of match making over our Application is restricted strictly to the registered individual member only. Member’s data cannot be used for any commercial purpose or for competitive business or for any other purpose than specified purpose of match making or such other purpose as may be notified by us from time to time. We reserve our right to initiate appropriate legal action for such data misuse.
- You shall not assign or transfer your membership to any other person or entity.
- We and our partners may contact you over phone / e-mail / sms and in such technological modes as are prevailing in market, and by submitting the Form, you wave any right to treat such communication as unsolicited commercial communication notwithstanding the fact that your number is registered under the National Do Not Call Registry or any other registry established for similar purposes
I. We will maintain confidentiality of all personal information furnished by members and shall take all possible and /or reasonable steps for maintaining the confidentiality of the information provided to us.
However, sharing of such information either over the Application or to any shortlisted member by us or with third party for providing the services using our Application does not amount to breach of confidentiality.
ii. Any feedback or any interaction with us in relation to Application or otherwise shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, you represent and warrant that (i) your interaction with us or the feedback does not contain confidential or proprietary information of yourself or third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback or the interaction; (iii) you are not entitled to any compensation or reimbursement of any kind from us for the feedback or interaction under any circumstances.
You agree that we have all the right to process your data through the automated processes to serve you with suitable profiles (based on your set partner preference) and we may also send you communication in this regard. We may for the purpose of providing you the Application or any of our services, avail goods / services either as a onetime measure, or on contractual basis or on permanent basis from third parties, and in such case, our confidentiality obligations will be satisfied if we have incorporated confidentiality clause in our agreements with such third parties and we are satisfied about the reasonableness of measures taken by the third party about protection of your information.
Further, in an eventuality where due to any unauthorised act of any of the third party the confidentiality of your information is breached, we will terminate the services of such third party upon satisfaction and if you desire, we will reimburse you the membership fee for the remaining Tenure of your membership and cancel your access to our members’ area.
- Our confidentiality obligations do not extend in cases where we are required to disclose any information due to any actions relating to enforcement, investigation, governmental, statutory, judicial, inspection, survey, and other reasons on being satisfied as to the reasonableness of the person or authority seeking such information. We may also be required to disclose certain information (excluding the personally identifiable information) under Right To Information Act, 2005.
- Our confidentiality obligations do not extend to transmission of your information over internet although we will take reasonable measures to protect any transmission of such information over internet.
- Although we will take every reasonable measure to ensure the protection of your information, however our confidentiality obligations do not extend to protecting the information which may be obtained technological measures such as indexing of profiles by search engines etc.
vi. We will retain the communications by means of chats / such other means as are provided on the Application either on our own servers or through engagement of third party services and You agree that the same will not amount to breach of confidentiality.
9. Grievance Cell
In the event you come across any concerns/Grievance in the Application operation including any abuse or violation of these Terms and Conditions or if you become aware of any objectionable member profile on the Application, and if your grievance is not resolved by our support team in 30 days, then you may approach our grievance desk by using the below contact details.
Email ID: email@example.com
We will provide you an acknowledgement of your grievance in any case not later than 36 hours and each grievance will be disposed of within 30 days.
10. Disputes between Members
We are not a broker or the agent of any member and we do not partake in the exchange of any kind of discussion between the members and prospects or the results of their discussion. We only allow parties to interact and use our platform by obtaining their consent. Members are solely responsible for the communications with prospect. We shall not be held responsible for any interactions/ passing of information(s) etc. between any members or third parties or our representatives interacting outside the Application through e-mail, call, chat or any other medium. And we also expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
You agree that we have no obligation, to monitor any such disputes arising between the members, and you shall not make us as a party to any such dispute/litigation etc.
11. Content Rights and Responsibilities
You acknowledge that you are responsible for the content and information including the profile details, photograph and other content provided at the time of the submitting of the Form and also all the post and communication with other members. Such content does not include any information which is automatically collected by the Application. You hereby represent and warrant that you own all rights, title and interest in your content or have the necessary licenses, rights, consents, and permissions to provide the said content. However, by submitting the content to Inclov, you hereby grant Inclov a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, including without limitation for promoting, communicating to the public and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. By registering for any of our services, you grant us the right to use any of your information including photo(s), video(s) or any other media either provided by you or captured by us in your presence to reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, including without limitation for promoting, communicating to the public and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels.
You hereby also grant Inclov a non-exclusive license to access your content and to use, reproduce, distribute, prepare derivative works of, display, communicate to the public and perform such content.
While we do not accept any obligation to monitor the content, if the content is found not to be in compliance with these Terms and Conditions, we may delete the content and / or terminate your membership or registration (pending the grant of membership) without a refund of any membership fee paid by you. You agree that if the situation warrants, then we may on our sole discretion put restriction on any member to other member's communications.
We reserve the right to suspend/delete the profile of the users whose personally identifiable information matches with another individual registered in our database and we also reserve our right to initiate appropriate legal action against such individual.
All proprietary rights of the Application and anything or any service associated with the Application including its content vest with Inclov.
12. Limitation of liability
- The exchange of profile(s) through or by Application should not in any way be construed as a matrimonial offer and/or recommendation and / or advice given to the member from or by Inclov.
- Inclov or its Office bearers shall under no circumstances be liable or responsible to the Application users or member or his/her authorized Representative or Guardian or any third party for any indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of Application / Website / Third Party Website and Third Party Resources.
- Notwithstanding anything to the contrary contained herein, Inclov's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us, for the Application and its Services during the term of your membership.
- We will not be liable in case of any wrong match made due to any available data / profile from the Application.
- Inclov or its office bearers shall under no circumstances be liable, if any member enters into financial transaction with any prospect or third party.
- We will not be liable if a match making after acceptance does not continue or does not result in marriage.
- Your use of the Application or any content provided to you by us is at your own risk. YOU UNDERSTAND AND AGREE THAT THE APPLICATION, CONTENT AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Application, its servers, or e-mail sent from the Application are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Application, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- We do not give any implied or explicit guarantee or warranty of match making to you by choosing to use our Application.
- Notwithstanding anything contrary contained anywhere, under no circumstances, we shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with :
- any untrue or incorrect information submitted by you or on your behalf.
- any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the profile from our Application).
- any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf. And
- any cyber incident attempted or committed by anyone.
By using our Application you agree to defend, indemnify, and hold harmless Inclov, its subsidiaries, affiliates, Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the Application provided by us. This defence and indemnification obligation will survive in perpetuity.
15. Breach And Termination
Any violation of Terms and Conditions or any action which may lead to criminal consequences will be treated as sufficient breach of these Terms and Conditions. Your membership may be terminated on breach of any of our Terms and Conditions, or on expiry of your membership package, or on your written request, or when the purpose of your membership ceases to exist either in our knowledge or due to any legal changes / actions known to us or brought to our notice.
16. Jurisdiction and Applicable Law
- These Terms and Conditions in relation to access, availing of membership and Application usage or any services are deemed to have been entered into within the territorial Jurisdiction of Mumbai, India.
- The members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of India and the members agree to submit themselves to the exclusive Jurisdiction of appropriate court of law in Mumbai, Maharashtra, India.
- You hereby, unconditionally and irrevocably confirm that you have read Terms and Conditions and agree to abide by them. Further we will not be liable for any action done or taken in good faith.
- You may serve us a communication whether legal or otherwise by addressing it to Inclov on the address as mentioned in our Application.