TERMS AND CONDITIONS
The domain name searchingsoulmate.com, an internet based portal, is operated by Booncompanions Sociotech Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Booncompanions” or “We” or “Our” or “Us” or “Company”) having registered office at CD-196 SEC-1 Salt Llke Saltlake West Bengal 700064 India.
The following agreement captures the terms and conditions of use ("Agreement"), applicable to your use of searchingsoulmate.com, the application or the platform (herein together referred to as "WebSite" or "Platform"), which promotes business between suppliers and buyers. It is an agreement between you as the User(s) or its representatives, third party vendor(s)/Service Providers. (hereinafter the expressions “You” “Your” or “User(s)”) person(s) who accesses or uses the Website / Brand / Logo / Business Name for any purpose. “User(s)” encompasses every person that uses, logs-in, visits, enters, agrees to these terms or is otherwise availing any service or taking access to the platform, and includes but is not limited to individuals, whether names as Consumer(s) or under any name whatsoever.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, Return Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy, Return Policy, Refund Policy), as may be amended, updated and modified from time to time.
However, if you navigate away from the Website to a third party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.
WEBSITE – SOLELY A PLATFORM
The Website acts as a platform for people to connect and interact with each other in community(s) having same shared romantic interest, socialize, network, host event and seminars. User(s) can interact with other User(s) to build connections, network for pursuing interests & passions and be part of community(s) etc. The company is not parties to any communication that take place between the User(s) of the Website and are further not parties to any arrangement or meeting or otherwise, concluded between the User(s) of the Website.
The Company does not control and is not liable in respect of or responsible for the conduct, actions, etiquette of User(s) on and off of the Website. User(s) are solely responsible for interactions with other user(s) and understand that Booncompanion does not conduct extensive background of its members and/or user(s). Company makes no representation and/or warranties as to the conduct, actions of the User(s).
This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Booncompanions and any other party.
Booncompanies/searchingsoulmate being an online community will assure to give best and wonderful experience to their User(s), but cannot warrant, guarantee, promise, vow of any uninterrupted use on the site.
Intellectual Property Right
The Company is the sole owner and the lawful licensee of all the rights to the Website, Application and the Platform and its content ("Website Content"). Website Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights of the Website and the Website Content shall remain with company, its affiliates or licensor’s of the Website content, as the case may be.
The User(s) permits, by use of the platform or website, Company perpetual rights to collect, use, represent and analyse any data that user submits, shares or otherwise makes available on the platform, website or any other mode of communication with Booncompanion. The User(s) also explicitly permits company to make use of any such data, royalty free and with no geographical restrictions, as deemed fit.
All or any rights to advertise, display, make or show banners, host, all or any of the goods or services posted, sold, displayed, hosted, published on the website, reserves solely with Company and no consideration, royalty, fees or any consideration of any manner shall be paid by Company.
Subject to your compliance with these Terms and Conditions and payment of applicable fees, if any, Booncompanions Sociotech Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Booncompanions Sociotech Private Limited and / or its affiliates, as may be applicable.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Booncompanions Sociotech Private Limited Private Limited and / or its affiliates, as may be applicable.
You agree, understand and acknowledge that the website is an online platform that enables you interact with other user(s) and provide different services listed on the website. You further agree and acknowledge that company is only a facilitator and is not and cannot be a party to or control in any manner any communications/interactions on the website. Accordingly, the Conduct and/or communications on the website shall be a strictly bipartite between user(s).
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Booncompanions does not represent, warrant or endorse in any manner the accuracy or reliability of Website User(s) Information. The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied.
Sometimes user(s) may be redirected, navigated to third party websites, in such cases the user(s), third party site agree to indemnify Booncompaninions/searchingsoulmate in case of infringement of any intellectual property on third party site.
USER’S ACCOUNT
To become a registered User(s) of the Website a proper procedure has been made available on the Website which is for the convenience of User(s) so that they can easily use the website.
User(s) can become registered User(s) by filling an on-line registration form on the Website by providing the required information (including name, contact information, details of User(s) business, etc. Company will establish an Account for the User(s) upon successful registration.
While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, Aadhar, address, phone number and/ or any other information that may be required by company to provide in relation to your business. User(s) account will only be registered when all the details required by company is furnished and due scrutiny, inspection is done. In the event that User(s) do not provide any or sufficient User Data marked as mandatory, company may not be able to complete the registration process or provide such User(s) with company services. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your User account information. If any information provided by you is found to be incorrect or misleading, Booncompanion reserves its right to take appropriate steps. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and, from time to time and you consent to provide such additional information to continue using the Platform.
When you access the Platform you are electronically communicating with Booncompanions. Company may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Booncompanions with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from company.
Company may refuse registration and deny the subscription or registration and associated User ID and Password to any User(s), irrespective of any reason without any prior notice to the User. Company may at any time decide to restrict, deny or limit access to any User(s) on the platform, website or any of its products or offshoot platforms. company may suspend or terminate a registered User(s) or subscriptions at any time without any prior notification in interest of company or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on company of whatsoever nature due to the suspension or termination of the User(s) account.
User(s) registered on the Website are in no manner a part of or affiliated to Booncompanions.
ACCOUNT SECURITY
Users(s) are responsible for maintaining the confidentiality of your login credentials you designate during the registration process, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any disclosure or unauthorized access/use of your account or any other breach of security, and ensure that you log out from your account at the end of each session.
The company never ask for the login credentials and is not able to access the account of the user.
ACCOUNT CLOSURE
You’ll have great fun on searchingsoulmate.com, but if you feel the need to leave, you can delete your Account at any time. Your Account will be deleted immediately but it may take a little while for Your Content, data to be completely removed from the Website/App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.
In case the user forgets or does not to delete the account, the data will be retained by the company for no longer than is required for the purpose for which it was lawfully collected or as otherwise required under another law. Under the data retention provisions set out in various laws, companies are generally required to retain data for eight financial years.
USER’S CONDUCT
Most content and some of the features on the Website are made available to User(s) free of charge. However, company reserves the right to terminate access to certain areas or features of the Website to paying, if any or registered User(s) at any time without assigning any reason and with or without notice to such User(s). Company also reserves the universal right to deny access to particular User(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of Company and/or other User(s) of the Website. Company further reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any or all of the features of the Website or introduce new features without any prior notice to User(s).
Company reserves the right to suspend and/or terminate the account of any User(s), removing any product listings or other User(s) Content that the User(s) has submitted, posted or displayed, temporarily or permanently for any of the following reasons:
If Company terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of Company, if any, such person will not have the right to re-enrol or join the Website under a new account or name unless invited to do so in writing by Company. In any case of termination, no subscription / membership fee / charges paid, if any, by the User(s) will be refunded. User(s) hereby agree that in no event shall Company be liable to any User(s) or any third parties for any inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website or any of its features.
User(s) understand that Booncompanions/searchingsoulmate does not currently conduct criminal background checks on its users. Booncompanions also does not inquire into the backgrounds of its users or attempt to verify the statements of its users. Booncompanions makes no representations or warranties as to the conduct of any users or their compatibility with any current or future users.
INTERACTION BETWEEN USERS(S)
Company provides an on-line platform to facilitate interaction between user(s) to connect for romantic interest, socialize and network. Company does not represent the User(s) in Communication. Company does not control and is not liable to or responsible for the completeness, truthfulness, safety, lawfulness of the information entered by the user(s) on the Website. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Website. Website uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). Company however, cannot and does not confirm each User(s) purported identity on the Website. Company encourages User(s) to evaluate the User(s) with whom they would like to communicate with and use the common prudence while dealing with them.
User(s) agrees that at all time, it will hold in strict confidence and not disclose any information relating to other user(s), third party in any way physical or online, or produce, publish, print on any online platform or otherwise. The user(s) shall indemnify company and its affiliates harmless and against all claims, demands, liabilities, losses, damages, costs and/or expenses (including but not limited to legal costs and expenses, costs of investigations, preparation of any documentation and costs of professional services) suffered or incurred by the Company and/ or each of Company’s representative due to the breach.
User(s) acknowledges that it is fully assuming the risks of communication and/or interaction with other user(s) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating/arising out of interaction using the Platform. User(s) acknowledges and undertakes that it is interacting, communicating on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
User(s) may have interaction with others service providers like, psychologist relationship consult etc. along with others users on the site. Any interaction between user(s) and any third party service provider either written or oral or communicated in any way possible, the company will be held liable for the same, and Users(s) and any service providers indemnify the company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of that.
The company has only access to the profile which is made by the user(s) themselves and has no access, does not acquire or gain access to any information shared between user(s), service provider or any third party, and they indemnify the company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis).
COMMUNITY GUIDELINES
Our goal is to allow (users) to express themselves freely as long as it doesn’t offend others. Everyone is held to the same standard on searchingsoulmate. We’re asking you to be considerate, think before you act, and abide by our community guidelines both on and offline.
These Guidelines and our Terms and Conditions are designed to ensure every user has a safe and enjoyable experience on searchingsoulmate. Failure to adhere to these guidelines may result in losing access to our platform.
Serchingsoulmate believes in right to great mental health for all people. Thus request all user(s) to adhere to community guidelines and not harass, agitate, provoke, badger any user(s). Illegal activity will not be tolerated on Booncompanies/searchingsoulmate. This may result in being banned or restricted from the site, and/or being reported to the authorities.
LIMITATION OF LIABILITY AND INDEMNITY
The features and services on the Website are provided on an " as is " and " as available " basis, and Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, truthfulness, completeness of any or all information provided by the user(s) on the website.
Company has no association of whatsoever nature with the publisher and/or the published contents.
User(s) hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to services offered or displayed on the Website. User(s) hereby agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise due to breach of any kind of data due to any reason whatsoever. User(s) hereby further agree that Company is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Company in asserting any available defenses.
Under no circumstances will Company be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any damage to reputation, any lost profits or any losses that may result from your use of platform or any services availed, even if company has been advised of the possibility of such damages.
Company does not advocate or assure satisfaction to any User(s). The User(s) are requested to interact through their best judgement and no liability lies on Company, including its affiliates or representatives, to assure satisfaction of services on its platform.
Any advertisements, product features, warranties, guarantees, performance claims and any such promises made on the platform by any user(s) or service provider are not vetted or verified or endorsed or qualified by Company and company will not entertain or be made liable or indemnify any form of damages, losses, penalties or any form of compensation to any party involved.
Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s) information on the Website) or from User(s) breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s) breach of any representations and warranties made by the User(s) to Company.
SELECTIVE ACCESS
Company reserves the right to choose and offer selective privileges, benefits or access to certain features, pricing, web pages, marketing campaigns, and exemptions from any part of this Terms and Conditions or confer any benefits of any form to any User(s) as it deems fit. Company reserves the right to provide early access to User(s) as it deems fit. Company can revoke, cancel or withdraw any such privilege, benefits or access at any time without prior intimation.
UPDATE / ROLL-BACK
Company reserves the right to update and roll-back any feature, service, offers, benefits, access, tools on the platform or website; and Term and Conditions, Privacy Policy, and any such policies on their platform without any prior intimation to any Party.
NO PREJUDICE
No such Selective Access, Updates or Roll-backs can be considered to be prejudicial against any User(s) and shall not attract any form of payments, reimbursements, indemnification of any form of losses, damages, penalties, reimbursements or any form of consideration or compensation of any manner whatsoever.
ANTI-COUNTERFEITING POLICY
Company strives to ensure a trustworthy and convenient experience for our customers. The sale of counterfeit or inauthentic services, is strictly prohibited. By accessing, browsing, or otherwise using the Platform or using the Services, any person either by themselves or through their representatives intending to offer services for sale through the Platform agrees to accept and be bound by and fully comply with this Anti-Counterfeiting Policy.
Company reserves its right to remove, suspend or restrict listings that may contain counterfeit/inauthentic services and/or that may violate the Terms of Use and Listing Policy of the Platform. Services providers on Company are not allowed to list services that infringe any laws or describe their products in a way that would cause customer confusion or otherwise infringe the rights of any another organization, person, whether individual or legal.
Service providers may be asked to provide documentation such as invoices or any other relevant document depending upon the circumstances to prove authenticity of the service in their listings along with a notarized declaration affirming that the service under their listings are genuine and authentic. Failure to provide the aforesaid documentation, appropriate action will be taken by Company.
In the event the listing, marketing or sale by the seller are found to be of counterfeit, we may take necessary actions such as but not limited to suspending or terminating the account of the seller, removing of any or all listing of the seller, withholding or forfeiting payments of the seller or any other action that may be deemed necessary. The seller listing such counterfeiting/inauthentic services may also be independently subject to civil or criminal proceeding initiated by third party rights holders. Company however holds no liability or assumes no assurances to make good, be liable to or indemnify any loss, damage, penalty that occurs to anyone due to any such infringement mentioned above. Necessary actions does not imply that Company will block or delist any such Sellers/Service Provider or User(s) from the platform or website, the degree of action to be taken is at the sole discretion of Company.
MISCELLANEOUS PROVISIONS
APPLICABLE LAW AND JURISDICTION
Each party to the agreement irrevocably agrees that are compliant to all applicable law(s). The parties irrevocably agrees that the court of West Bengal, India, shall have exclusive jurisdiction to hear, settle, determine, any breach, disputes, claims arising out of the agreement.
GRIEVANCE MECHANISM
The User(s) may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer
We will endeavor to resolve your grievances and concerns within timelines as mentioned under applicable laws. Company reserves the right to act upon grievance/complaints received and may take disciplinary action as it deems fit including but not limited to,
GRIEVANCE OFFICER
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Name |
Sunindita Chatterjee |
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Address |
Annapurnalaya 30/1/S Hare Krishna Seth Lane.Kol-700050 |
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Phone |
9830404302 |
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sunindit.chatterjee@gmail.com |