This Terms and Conditions (“Terms”) is entered into between Andwemet Services Private Limited having its registered office at No. 605, Sanswe Ic, Elan Homes, Opp. Total Mall, Sarjapur Road, Bangalore, Karnataka – 560034, India (“We” / “Our” / “Us”/ “Andwemet”), which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its affiliates, directors, employees, guides, independent contractors, and representatives and the Member (defined below).

This Terms together with the Registration Form (defined below) and any other documents referred thereto, is a legally binding document, pursuant to which the Members are admitted to Andwemet Community (defined below) for the purpose of availing the Services (defined below) rendered by Us.

By accessing and registering through the Registration Form and clicking on the “I Agree” tab, the Member acknowledges to have read and accepted these Terms and further, Member agrees that this Terms will be effective upon the acceptance of the same (directly or indirectly in electronic form) and will govern the relationship between Andwemet and Member in relation to the Services.

By signing up, the Member indicates that he/she understands, agrees and consents to this Terms and hereby provides his/her unconditional consent or agreements to Andwemet to access and use Member’s Personal Data (defined below) that the Member has voluntarily provided to Andwemet in connection with the signing up for the Services.

1.      DEFINITIONS

The capitalized terms used in this Terms shall have the meanings specified as given herein.

a.         “Andwemet Community " shall mean and include the community created by Us on the WhatsApp platform, to which the Members are admitted, subject to this Terms, in connection with the Services availed by them.

b.         “Member” shall mean the member who have registered through Registration Form (defined below) for availing Services rendered by Us.

c.          “Personal Data” shall mean any information relates to Member as a natural person, which, either directly or indirectly, in combination with other information available to Andwemet, is capable of identifying Member and any further information, including, without limitation, provided by Member to Andwemet while signing up for Services such as complete name and address, contact number, email address, photograph, and any  other identifiers and any other sensitive/personal information as defined under the applicable laws as amended from time to time and such other data privacy laws whether now in force or in future.

2.      SERVICES RENDERED BY ANDWEMET 

Andwemet offers match making services to the Members via WhatsApp, including:

a.      introduction to other Members of Andwemet Community;

b.      providing clarity regarding any information of another Member;

c.      consultation with Andwemet’s founder ;

d.      connecting with another Member

e.      and other related services (collectively referred to as ‘Services”).

Eligibility for availing our services:

In order to avail Our Services and join Andwemet Community, the Member must:

a.      be between the age of twenty-five (25) years to sixty (60) years.

b.      be legally permitted to use the WhatsApp and Services by the applicable laws of his/her home country.

c.      not be prohibited by any applicable laws to avail Our Services.

d.      not be a convict or committed any offence, an offender of sex crime, felony, any crime involving violence, threat under applicable laws.

e.      have not been previously terminated from Our Services by Us.

We reserve the right to suspend or terminate the Member from availing the Services and remove from Andwemet Community, without giving Member any prior notice, in the event of Member ceases to meet the abovementioned eligibility criteria(s).

Member acknowledges that the Services availed from Us shall be for Member’s personal and individual use and for the purpose of finding relevant matches and not be used in connection with any commercial endeavours and/or any third-parties.

3.      REGISTRATION

The interested Member shall register for Services by signing up through an online registration form, and link to which is available on the social media handles of Andwemet or shall be provided to the Member on request “Registration Form”). A Member shall become a registered Member by providing necessary information as prompted in the Registration Form (such information being the "Registration Data").        

The Member will be asked to provide certain information about themselves including:

a.     first name and last name,

b.     mobile number,

c.     email address,

d.     gender,

e.     age,

f.      city of residence,

g.     photograph

h.     income details

i.      religion and

j.      other related information.

It is agreed and acknowledged by the Member that Andwemet may share his/her name or photograph to the other members of the Community upon request. However, We shall obtain the consent from the respective member prior to sharing the same to the other member.  

In the event, where a Member has requested for introduction of other member of the Community, Andwemet shall approach such other member and obtain his/her willingness to get introduced and adequate consent to share his/her phone number or other details to the requesting Member.   

The Member warrants that the information provided to Us is correct, complete, and not misleading and shall inform promptly of any changes to the information provided to Us. Member acknowledges that if any Registration Data provided by him/her is untrue, inaccurate, not current, or incomplete, We reserve the right to indefinitely suspend or terminate the Services rendered to such Member.

We may modify or add to the Registration Data information fields required from time to time and the Member accordingly agrees to promptly complete any such additional or modified information fields when and as requested by Us.

Upon reviewing the Registration Form submitted by the Member, Our administration team, at its sole discretion, shall approve the Member's registration and admit the Member to Andwemet Community to avail of the Services. Following the Member’s admission to Andwemet Community, he/she will receive a unique ID for reference and identification within Andwemet Community, along with an information sheet containing details of the other Members.

The Member agrees and acknowledges that such information sheet contains the Personal Data (defined below) of other members of Andwemet Community and thus, he/she shall maintain the information of other members at strict confidence and further, the Members shall not reproduce, publish, and distribute the details in the information sheet for any purpose whatsoever.

The Member agrees and acknowledges that he/she shall refer himself/herself along with the unique ID generated to him/her, while availing the Services. The Member acknowledges that We are not to obliged to respond to the Members request, if he/she fails to mention his/her respective unique ID while availing the Services.      

We will have the right to use the Member’s Registration Data for the purpose of rendering the Services and in other manners as set forth in more detail in this Terms, and Our Privacy Policy.

The Member must not allow anyone else to use his/her WhatsApp account to avail Services. If in any circumstance, the Member believes that there has been a breach of security in relation to his/her account pursuant to the usage of Andwemet Community, the Member must notify Us and the WhatsApp network immediately. If we reasonably believe that Andwemet Community is being used by the Member in any way which is not permitted by these Terms, We reserve the right to remove the Member from Andwemet Community immediately with or without notice.

The Member acknowledges and hereby provides his/her full and unconditional consent to:

a.      Registration Data being retained on a computer database that shall be maintained, owned, and controlled by Us subject to applicable laws.

b.      Registration Data being shared with any other third-party entity that enters into a commercial relationship with Us for the purpose of rendering Services. 

c.      Registration Data being shared with Our partners, licensors, and affiliates.

d.      Receive from Us Telephone calls, text messages regarding Our Services, including promotional calls and messages regarding Our Services, and updates to Our products, provided the Member provide his/her mobile number or any other contact information shared with Us.

4.         SERVICE FEES

The Member, to avail the Services as opted by him/her, shall pay the applicable fee as intimated to the Member through the payment link to which shall be provided to the Member (“Service Fee”). The Service Fees shall differ based on the nature of Services availed by the Member.

The payment obligations are non-cancellable, regardless of utilization of the Services by the Member or the outcome of the usage of Services by the Member, Service Fee paid for the particular Services are non-refundable.

We reserve the right to modify or implement a new pricing structure at any time and the same shall be notified to the Member.

We accept payments through Razor pay. The Member represent and warrant that if he/she is making online payments that:

a.             Any credit card, debit card and bank account information the Member supply is true, correct and complete,

b.             Charges incurred by the Member will be honoured by the Member’s credit/debit card company or bank,

c.             The Member will pay the charges incurred by him/her in the amounts posted, including any applicable taxes, and

d.             The Member is the person in whose name the card was issued, and he/she is authorized to make a purchase or other transaction with the relevant credit card and credit card information.

If Member’s payment method failed while paying the Service Fees or if We did not receive any payment with respect to the Service Fee paid, We shall reserve the right not to provide the Services for which we  have not received adequate payment. If Member have a dispute concerning any payment transaction, please contact our support department at [●].

The Service Fee do not include any taxes, levies, duties (collectively “Taxes”). The Member agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.

5.      TERMINATION OF MEMBERSHIP

We reserve the right to remove the Member from the WhatsApp Community and terminate the Services rendered to the Member, at any time: a) if the Member have failed to comply with any of the provisions of these Terms and/ or Whatsapp policies; b) if the Member’s action, which in Our sole discretion, would or might cause damage to Us and/or Andwemet Community; c) impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations; d) if the Member have engaged in conduct that We determine to be inappropriate or unacceptable in Our sole discretion; e) or for any other reason whatsoever.

We may also remove the Member from the WhatsApp Community and terminate the Services, if Member file any claim against Us or file any claim that involves the WhatsApp Community. We also reserve the right, in Our sole discretion, to seek and obtain any other remedies available to Us pursuant to any applicable laws and regulations or at equity as a result of the Member’s breach of this Terms or any other act or omission by Member that gives rise to a claim by Us, and Our removal of the Member from Andwemet Community and termination of the Services, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing.

If We remove the Member from Andwemet Community and terminate the Services, any re-registration of such Member shall be subject to Our sole discretion.

In the event Member’s right to avail the Services terminated, this Terms will remain in effect and enforceable against such Member.

If the Member wishes to exit Andwemet Community and no longer use the Services, Member can exit Andwemet Community through the “Exit Community” option in Andwemet Community. However, the Member must note that We reserve the right to retain Member’s Registration Data in an anonymous form, and any other information provided on an “as-is” basis as part of statutory requirement.

Notwithstanding anything contained in this Terms, all sections of this Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to, and notwithstanding the expiration or termination of this Terms.

6.         ANDWEMET COMMUNITY ACCESS AND USE OF SERVICES

6.1.      Member shall not use Andwemet Community or the Services therein to host, display, upload, modify, publish, transmit, store, update or share any information that:

a.     belongs to another person and to which Member do not have any right.

b.     is defamatory, obscene, pornographic, paedophilic, invasive of any third-party’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.

c.     is harmful to children.

d.     infringes any patent, trademark, copyright, or other proprietary rights.

e.     violates any law for the time being in force.

f.      deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.

g.     impersonates another person.

h.     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 other nation.

i.      contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource.

j.      is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

k.     any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.

l.      any private information of any third party, including addresses, phone numbers, email addresses or any personal identifiable information.

6.2.         Member agree to not use Andwemet Community to:

a.     upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Andwemet Community;

b.     disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;

c.     interfere with or disrupt Andwemet Community, or disobey any requirements, procedures, policies, or regulations of networks connected to Andwemet Community;

d.     intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;

e.     commit any fraudulent or unlawful act, whether in relation to the Service or otherwise;

f.      make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof

g.     distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof

h.     market, rent or lease the Services for a fee or charge, or use the Services to advertise, or perform any commercial solicitation.

i.      use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.

j.      incorporate the Services or any portion thereof into any other program or product. In such case, we shall have the right to terminate the Service, in our sole discretion.

k.     impersonate, or falsely state or otherwise misrepresent his/her affiliation with any person,

l.      infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

m.   use or attempt to another member’s account, service, or system, or create a false identity on the Services.

n.     use the Service to sell, advertise, promote his/her business or commercial activities through Andwemet Community or Member Content;

In addition to the above, Member shall also be compliant to our Privacy Policy as updated from time to time, a copy of which is shared with Member.

In the event of non-compliance of this Terms, We may (without notice to Member), immediately terminate his/her membership with Us and/or prevent his/her access of Andwemet Community and Services thereunder.

Member is solely responsible for all information Member transmit or share through Andwemet Community. We reserve the right to review any information or materials Member share through Andwemet Community and to remove (without notice to Member) any information or materials that We find, in Our sole discretion, violates any applicable law or this Terms. To this extent, subject to the data privacy laws, Member expressly authorise us to review all information Member transmit or share through Andwemet Community. In the event of non-compliance of this Terms, we may (without notice to Member), immediately remove Member from Andwemet Community and/or terminate the Services rendered there under.

7.         COMMUNITY GUIDELINES

We endeavour to set up a community where Member can connect and communicate with other members of Andwemet Community to build meaningful relationships. We want Andwemet Community to continue to be an authentic and safe place for Our members. Our community guidelines set forth what is allowed and not allowed while using Our Services. These guidelines aim in protecting and developing the community of members of Andwemet Community and We believe that Member help Us in maintaining Our Andwemet Community secured.

It is Our policy to remove the relevant Member Content that violates the provisions of this section and further, We may also remove the Member from Andwemet Community for such violation. We may resort to legal actions or work with law enforcement officers when We believe that there’s risk of physical harm or threat to public safety or any apparent violation of applicable law.

(i)      Intellectual Property:

Members shall always own the Member Content provided with Us or posted on Andwemet Community. Member shall post only authentic Member Content and must not post anything copied or collected from the internet that Member do not have the right to post.

(ii)     No Inappropriate Content:

We prohibit uploading of photographs depicting or supporting private parts of the body, sexually inappropriate, or any digitally generated content in relation to the same. For security reasons, We will have to remove photographs uploaded by Member showing naked or partially naked body.

(iii)    Upholding Integrity, Authenticity & Genuineness 

We remove Members and/or Member Content that involve spam or fake engagement, impersonation, misleading information that causes harm, or that violate any other rights. We forbid activities that may undermine the integrity of Andwemet Community or the authenticity of Our members.  

(iv)   No to Harassment, bullying and discrimination:

We do not tolerate members of Our community being shamed, bullied, or harassed. Abusive behaviour such as hate speech, credible threats, shaming individuals, using personal information to blackmail, or hacking or repeated unwanted messages can cause severe psychological distress, and such Member will be removed and blacklisted from Andwemet Community. We consider these online behaviours as forms of abuse and do not allow them on Andwemet Community.

We do not allow discrimination or violence based on race, ethnicity, caste, national origin, sex, gender identity, religious affiliation, disabilities, or diseases.   

(v)    Send original messages to other members 

We prohibit copying and pasting of same message to every connection. We encourage Our members to read profiles, learn about other people’s interests, and send an appropriate, relevant message to each match.

(vi)   Don’t’ Impersonate:

Member is prohibited from providing information, including photographs that are not his/her.

(vii)  Follow the Applicable Law:

We prohibit support or praise of terrorism, organized crime or hate groups on Andwemet Community. Further, offering sexual services and selling firearms and drugs are also not allowed on Andwemet Community. We also prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities, including human exploitation. Remember to follow the applicable laws when Member is communicating with the other members in Our Andwemet Community. Member Content may be removed if it violates applicable laws and/or contains illegal content, even if the activities or goods in question are legal in the jurisdiction of posting.

(viii)  No to Phishing and Virus:

We shall remove the Member Content that contain viruses or malware or other software that are harmful to Our Andwemet Community and any attempt to phish other Member, or hack or distributed denial of service to them.

(ix)   Reporting:

Member shall report any Other Member Content that he/she think may violate any of the provisions of this section. We have a dedicated team that reviews these reports as quickly as possible and works to remove any Other Member Content that violates our guidelines.

Member can still make a report, even if he/she or someone he/she know is not member to Andwemet Community. When Member complete the report, try to provide as much information as possible, such as links, unique ID, and descriptions of the Member Content, so We can find and review it quickly.

We may work with law enforcement officers including when We believe there is risk of physical harm or threat to public safety.

7.      MEMBER CONTENT AND OTHER MEMBER CONTENT

Member Content 

For the purpose of this Terms, “Member Content" shall mean and include (without limitation) all content, information, personal details, sensitive personal information, preferences, response messages, Registration Data, whether posted, uploaded, transmitted, sent, or otherwise made available by a Member to Us or on Andwemet Community, as the case maybe.

The Member agrees and acknowledges that his/her Member Content is compliant to the conditions and restrictions placed upon him/her under this Terms and relevant WhatsApp policies, as updated from time to time. As the Member Content is unique, Member is responsible and liable for Member Content shared on Andwemet Community and/or with Us and further, the Member will indemnify, defend, release, and hold Us harmless from any claims made in connection with his/her Member Content.

The Member should make sure that he/she is comfortable sharing his/her Member Content before such Member post it on Andwemet Community or share with Us. The Member fully understands and agrees that Member Content will be shared and/or made visible to other members of Andwemet Community. By sharing the Member Content with Us or posting the Member Content on Andwemet Community, the Member represents and warrants to Us that he/she has all necessary rights and licenses to do so, and automatically grant Us a non-exclusive, royalty free, perpetual, worldwide license to use Member Content in order to share it to other members in the course of rendering Services.

It is agreed and acknowledged that Member do not have any rights in relation to the Member Content of the other members of the Community, and Member may only use the Member Content of other members to the extent for finding his/her right match and for the purpose of allowing people to meet one another. Member may not use the Member Content of the other members for any commercial purposes, to spam, to harass, stalk or to make unlawful threats and further, in the happening of such events, We reserve the right to terminate Services and remove Member from Andwemet Community permanently. Member hereby agree to indemnify, defend, release, and hold Us harmless from any claims that may arise against us in relation to Member’s unauthorised use of the Member Content of other members.

We may assign and/or sub-license the above license to Our affiliates and successors without any further approval by the Member.

 Unless otherwise required by applicable laws, We do not have any obligation to store Member Content.

Claims of Member Content Infringement:

(i)      If the Member is the rights holder alleging infringement:

If a Member believes in good faith that his/her Member Content is infringed by other member of Andwemet Community, or his/her Member Content that We maintain is used without such Member’s authorisation, he/she can file a complete and valid take down notice with Us to info@eshwars.com . The report that Member submit with Us should be complete with all necessary details that We require from Member and We may also contact the Member for additional information required during Our investigation. We only investigate an infringement report that is submitted to Us by the original rightsholder or their authorised legal representative. Member, as a rightsholder alleging infringement understand and acknowledge that We shall forward his/her report to the other member who had alleged to infringe his/her Member Content as reported by Member for a counter response.

(ii)     If Member is a member of Andwemet Community:

As a member of Andwemet Community, if the Member believes that the infringement notice that Member received is incorrect or that Member is legally authorised to use the Member Content that Member shared with Us or posted on Andwemet Community, the Member shall file a response to info@andwemet.com  with all the necessary details that We require from his/her side.

After receiving the necessary representations from both the parties, We shall take appropriate action on the basis of proof submitted by each party, which includes removing the Member from Andwemet Community and/or terminating the Services, etc. In case where a party is not satisfied with the decision, they shall approach the appropriate court of law.

8.      INTELLECTUAL PROPERTY RIGHTS

“Andwemet”, Our logo, and local language variants of the foregoing trademarks, and certain other marks owned by Us (collectively, the “Andwemet Marks”), are trademarks or registered trademarks of Us. The Member shall not use any Andwemet Marks or Andwemet’s intellectual property either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

9.      CONFIDENTIALITY

(a)    Each Party acknowledges and agrees that in the performance of these Terms it may have access to or may be exposed to, directly or indirectly, Confidential Information of the other Party.

(b)    Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) it shall not use Confidential Information of the other Party for any purpose except in furtherance of the Terms; (c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers  on a need to know basis in connection with the Terms, provided such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the Disclosing Party upon the termination of the Agreement or at the request of the Disclosing Party (subject to Applicable Law and, with respect to Us and Our internal record-keeping requirements).

(c)    Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the Receiving Party; (b) was possessed by the Receiving Party prior to the date of signing up for the Services without an obligation of confidentiality; (c) is disclosed to the Receiving Party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to Applicable Law, court order, subpoena or governmental authority, provided the Receiving Party notifies the Disclosing Party thereof and provides the Disclosing Party a reasonable opportunity to contest or limit such required disclosure.

(d)    For the purpose of clarity, “Confidential Information” means any or all information including but not limited to, information that is exchanged through this engagement between Andwemet and the Member and other information which are considered to be confidential.

(e)    For the purpose of clarity, “Disclosing Party” means the Party disclosing its Confidential Information under this Agreement and “Receiving Party” means the Party receiving Confidential Information under this Agreement.

10.   PERSONAL DATA PROTECTION

Andwemet Obligations. Andwemet’s obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data. To the extent that Andwemet receive Personal Data as a result of rendering services, Andwemet  agrees that it will (a) not disclose or use any of  Personal Data except to the extent necessary to carry out its obligations hereinunder and for no other purpose, (b) not disclose Personal Data to any third party, including third party service providers without the Member’s prior written consent and subject to the further requirements of this Clause, (c) employ administrative, technical and physical safeguards to prevent unauthorized use or disclosure of Personal Data, (d) promptly provide such information regarding its privacy and information security systems, policies and procedures as Member may request relating to its due diligence and oversight obligations under applicable Laws and regulations, (e) in the event of any actual or apparent theft, unauthorized use or disclosure of any of Personal Data immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and (f) as soon as practicable following discovery of any event described in sub-clause (e) hereof, provide  a notice thereof, and such further information and assistance as may be reasonably requested.

Members Obligation. To the extent that the Member receive Personal Data of other members of Andwemet Community as a result of availing the Services, such Member agrees that he/he will (a) not disclose or use any such Personal Data except to the extent necessary to avail the Services hereinunder and for no other purpose, and (b) not disclose, distribute, reproduce, and/or publish any such Personal Data to any third party, for any purpose whatsoever

For the purpose of clarity, “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

11.       REPRESENTATIONS AND WARRANTIES

Member represents and warrants to Us at all times that;

a.      The Member is fully capable and competent to enter into this Terms and that Member have the right, authority, and capacity to enter into, and to be bound by, this Terms and to abide by the terms and conditions contained herein, and that Member will so abide.

b.      The Member shall adhere to terms and conditions of WhatsApp or such other social media platforms, wherein he/she connects with Us and/or other members.

c.      The Member is not in violation of the any policies of WhatsApp and is not restricted from using WhatsApp platform.

d.      The Member shall not avail any of the Services beyond the contemplated functionality of the Services.

e.      The Member shall not attempt to gain unauthorized access to Andwemet Community or any of the Services.

f.       The Member shall not avail any of the Services in a way that may damage or impair (i) the Services, or (ii) Our underlying systems and security.

g.      The Member shall not avail any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.

h.      The Member shall not use any intellectual property whether owned by us or other third parties, for any personal or third-party gain, without Our express consent.

i.       The Member shall not modify, adapt, translate, or reverse engineer any part of Andwemet Community in connection with the Services.

j.       The Member agree to promptly notify and bring to our notice in the event his/her Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.

k.      The Member understands and acknowledges that the any calls, text messages that he/she receive from us on his/her Mobile Contact Number are not unsolicited calls or messages.

l.       The Member shall  not carry out any action or omit to do any action which will create liability for Us.

8.         DISCLAIMERS OF WARRANTIES

MEMBER’S USE OF ANDWEMET COMMUNITY AND SERVICES IS ENTIRELY AT HIS/HER OWN RISK. TO THE EXTENT NOT OTHERWISE SET IN THIS TERMS AND TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES PROVIDED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF SERVICE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM HIS/HER ACCESS TO ANDWEMET COMMUNITY AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (D) HIS/HER USE OF THE SERVICES WILL MEET HIS/HER REQUIREMENTS (E) ANY INFORMATION OBTAINED BY MEMBER AS A RESULT OF HIS/HER USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANDWEMET COMMUNITY WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO ANDWEMET COMMUNITY WILL BE UNINTERRUPTED OR THAT ANDWEMET COMMUNITY WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANDWEMET COMMUNITY, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR, INFORMATION OR MATERIALS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF ANDWEMET COMMUNITY. NEITHER US NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER. WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT ANDWEMET COMMUNITY IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY MEMBER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF ANDWEMET COMMUNITY FOR BUSINESS, OPERATIONAL AND LEGAL REASONS AT ANY TIME WITHOUT NOTICE.

THE MEMBER AGREES AND ACKNOWLEDGES THAT WE SHALL NOT BE HELD LIABLE IN THE EVENT THAT THE MEMBER’S NAME, CONTACT NUMBER, PHOTOGRAPHS, OR EMAIL ADDRESS BECOMES VISIBLE THROUGH THE ANDWEMET COMMUNITY DUE TO WHATSAPP GLITCHES OR OTHER TECHNICAL ERRORS. MEMVER SHALL NOT CONNECT WITH OTHER MEMBERS WITHOUT PROVIDING PRIOR INITMATION TO US. MEMBER IS SOLELY RESPONSIBLE FOR HIS/HER INTERACTIONS WITH OTHER MEMBER ON ANDWEMET COMMUNITY AND OUTSIDE ANDWEMET COMMUNITY IN ANY MANNER WHATSOVER. MEMBER ACKNOWLEDGE THAT WE DO NOT CONDUCT ANY BACKGROUND CHECKS ON OUR MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR MEMBERS OR ATTEMPT VERIFY THE MEMBER CONTENTS/REGISTRATION DATA OF THE MEMBER. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF THE MEMBER OF ANDWEMET COMMUNITY.

IT IS AGREED AND UNDERSTOOD BY THE MEMBER THAT ANDWEMET IS MERELY A PLATFORM FOR FINDING A MATCH. THE MEMBER UNDERSTANDS THAT ANDWEMET MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED AS TO THE ACCURACY OR AUTHENTICITY OF THE INFORMATION FURNISHED BY ITS MEMBERS. WE DO NOT PROVIDE ANY REPRESENTATIONS WITH REPSECT TO FINDING THE PARTNER AS PER MEMBER’S REQUIREMENT, SPECIFICATION, ETC. MEMBER UNDERSTANDS AND AGREES THAT THE INFORMATION REGARDING OTHER MEMBERS THAT MAY BE PROVIDED TO A MEMBER HAS NOT BEEN VERIFIED BY ANDWEMET. IN THIS REGARD, THE MEMBER UNDERSTANDS THAT HE/SHE MUST MAKE EVERY EFFORT TO SATISFY THEMSELVES THAT THE INDIVIDUAL WITH WHOM HE/SHE PLAN OR AGREE TO INTERACT WITH IS SAFE, TRUSTWORTHY AND ACCEPTABLE TO HIM/HER. THE MEMBER HEREBY EXPRESSLY, VOLUNTARILY, AND KNOWINGLY AGREES TO FULLY AND COMPLETELY ASSUMES THE RISK OF INTERACTING WITH ANY INDIVIDUAL(S) WITH WHOM HE/SHE COMES IN CONTACT THROUGH ANY COMMUNICATION CHANNELS OF ANY KIND, EITHER DIRECTLY OR INDIRECTLY BY VIRTUE OF MY USE OF SERVICES OR OTHERWISE.

9.         LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH HIS/HER USE OF OR INABILITY TO USE ANDWEMET COMMUNITY OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME INCLUSING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL AND REPUTATION (C) ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY MEMBER.

WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY MEMBER AS A RESULT OF: (A) ANY RELIANCE PLACED BY MEMBER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN MEMBER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE, (B) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES), (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH HIS/HER USE OF ANDWEMET COMMUNITY AND SERVICES; HIS/HER FAILURE TO PROVIDE US WITH ACCURATE REGISTRATION DATA.

MEMBER ACKNOWLEDGE THAT THE SERVICES RENDERED BY US MAY BE IN FUTURE, MAY BE HELD INVALID OR UNENFORCEABLE. HOWEVER, IN SUCH EVENT, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY MEMBER.

PLEASE NOTE THAT WE ONLY PROVIDE ANDWEMET COMMUNITY IS FOR DOMESTIC AND PRIVATE USE. MEMBER AGREE NOT TO USE ANDWEMET COMMUNITY FOR ANY COMMERCIAL OR BUSINESS PURPOSES.

MEMBER IS RESPONSIBLE FOR ANY CHARGES THAT MAY APPLY TO HIS/HER USE OF OUR SERVICE, INCLUDING INTERNET CHARGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE MEMBER HAVE WITH ANY THIRD PARTY ARISING OUT OF HIS/HER USE OF ANDWEMET COMMUNITY OR SERVICES , INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER MEMBER, IS DIRECTLY BETWEEN MEMBER AND SUCH THIRD PARTY, AND MEMBER IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

10.       INDEMNITY

Member hereby indemnify, defend, and hold Us, Our affiliates, licensors, distributors, agents, representatives and other authorized member(s), harmless from and against any and all losses, damages, liabilities and costs arising from or in connection with a) use of Andwemet Community or Services; b) the his/her breach of any terms, obligations, representations and warranties under this Terms; c) any claim that the provision or use of Andwemet Community or Services, infringes any third party rights; d) breach of applicable laws.

Nothing in these Terms shall exclude or limit Our liability for any liability which cannot be excluded or limited under applicable laws in force in India. Member’s statutory rights as a member is not affected by this Terms.

11.       REVIEWS AND FEEDBACK

By using Andwemet Community, Member agree that any information shared by the Member with Us will be subject to our Privacy Policy.

The Member are allowed to provide feedback or reviews (“Feedback”) about their experiences on the Andwemet Community, however, the Member shall ensure that, the same is provided in accordance with applicable laws including the data privacy laws. Member however understand that We shall not be obliged to act in such manner as may be required to give effect to the content of the Feedback.

Members are solely responsible for the Feedback that he/she chooses to provide on Andwemet Community related to Andwemet Community or the Services. We disclaim all responsibility with respect to the content of Feedbacks, and We shall not be liable to pay any consideration to any of Member for re-publishing any Feedbacks across any of its platforms.

Member’s publication of Feedback on Andwemet Community is governed by Clause 6 of the Terms. Without prejudice to the detailed terms stated in Clause 6, Member hereby agree not to post any Feedback on Andwemet Community that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. We, at our sole discretion, may choose not to publish the Feedback, if so required by applicable law, and in accordance with Clause 6 of the Terms. Member agree that We may contact him/her through telephone, email, SMS, or any other electronic means of communication for the purpose of: (a) Obtaining Feedback in relation to Andwemet Community or Our Services; and/or (b) Resolving any complaints, information, or queries by Member in relation to his/her Feedback. The Member agree to provide his/her fullest co-operation further to such communication by Us.

12.   FORCE MAJEURE

Andwemet shall be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond its reasonable control.

13.   GENERAL

All notices shall be given to Andwemet via email at info@andwemet.com, or to Member at either the email or postal address they have provided in the Registration Form.

Any waiver of rights or remedy under this Terms shall only be effective if it is in writing, executed by Andwemet’s duly authorized representative, and shall be applicable only to the circumstances for which it is given. Andwemet’s failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.

The provision(s) of these Terms shall be sought to be harmoniously interpreted with each other, as well as applicable laws (including the applicable laws based on the jurisdiction of the Member) and upheld to the fullest extent permissible under applicable laws. Further, the provisions contained in this Terms shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable laws. Further, if any of those provision(s) are void but would be valid if some parts of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid. 

All conflicts/controversies/disputes/differences/claims that shall arise out of or in connection with or in relation to the provisions of this Terms including its existence, validity or termination during its existence or thereafter shall be referred to a sole arbitrator appointed by the mutual consent of the parties and be governed in accordance with the Arbitration and Conciliation Act, 1996 including any amendments thereon. The decision of the panel of arbitrators shall be final and binding on the Parties. The arbitration proceedings shall be in English, and the venue of the proceeding shall be in Bangalore, Karnataka. Notwithstanding the foregoing, the We may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent breach of its rights and remedies in and arising out of this Terms.

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. Member agree that the courts of Bangalore, Karnataka shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms.

The Member understand and agree that WhatsApp may update its policies, without notice, and by continuing to use Andwemet Community after such change, Member consent to such changes

This Terms, together with the Privacy Policy incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.