Preamble
The purpose of these General Terms and Conditions of Use is to set out the terms and conditions by which, on the one hand, Inshallah makes the Application (hereafter the "Application") available to the Member (hereafter the "Member") and, on the other hand, the Member can access the Application. They are supplemented by the Community Rules and the Privacy Policy.
By accessing the Application, the Member applies and accepts these Terms of Use, the Community Rules and the Privacy Policy.
By clicking on the "Connect with Facebook" or "Register with an email" button, you acknowledge that you have read and accept all of these terms and conditions of use.
1: Definitions of terms
In the General Terms and Conditions of Use, the following terms are understood as defined below :
GCU: the present General Conditions of Use
Application: the Inshallah application accessible from Apple's App Store, Google's Play Store and inshallah.com website
Member: a natural person registered on the Application
Account: personal space dedicated to the Member on the Application and the Site, which the Member accesses by registering and connecting to the Application or the Site. It allows the Member to access the Service. A Member may only have one Account.
Service: means all the services, free or paid, made available to the Member whose purpose is to promote virtual or real encounters.
Match: refers to a mutual interest between two Members who have "liked" each other.
Like: action aimed at expressing interest in another member. This action is anonymous as long as the other member has not expressed a reciprocal interest by "Liking" the other profile.
Dismiss: action intended to express disinterest in another member. This action is anonymous and definitive, i.e. the Member will no longer be displayed on the Application once "Dismissed".
Blur photos: action which consists in blurring your photos. Blurred photos can only be "unblurred" by Members who have obtained a Match or Members with access to Inshallah Premium.
Messages: sending of messages between two members who have expressed a mutual interest by "Liking" each other.
Inshallah Premium: paid services in the form of a subscription of which the Member can choose the duration.
Facebook Connect: feature offered to the Member allowing him/her to register and access the Application with his/her Facebook account, in order to simplify registration.
Content: Photos or texts appearing on a Member's profile.
Site: site accessible at inshallah.com
2: Conditions of Access and Registration to Services
The Application is available on the Apple Store from Apple and Google Play Store from Google. Supported Apple devices are those with iOS 8 or higher, for Google, Android 5 or higher. It is also accessible from the Site.
When the conditions are met to become a Member, Inshallah will grant the Member an Account with :
- A profile
- A messaging space
- An area dedicated to the settings of the Application
A Member may have only one Account and undertakes not to create or use other Accounts, under his own identity or that of a third party, other than the one initially created.
In order to be able to register, a person must be 18 years of age or older and guarantee that the personal information he or she provides is accurate and truthful. The person also agrees to have read and taken knowledge of these GCU, the Privacy Policy and the rules of the Community. Any registration on the Application by a minor is strictly prohibited.
There are two ways to register with the Service:
- Either via Facebook Connect, in which case, the following information: email, gender, age, profile picture and first name; is transmitted to Inshallah to constitute the profile. As a result, the Member agrees to verify the accuracy of his/her information on his/her Facebook account before registering on the Service.
- Either via E-mail, in which case, the Member will have to complete the requested information himself/herself, such as age, first name, gender or photos. When registering by e-mail, the Member undertakes to keep his or her password secret and not to communicate it to anyone.
Inshallah may, for fraud detection purposes, set up a system to verify the information that the Member provides on his/her profile during registration.
When registering, the Member accepts the GCU as well as the Privacy Policy and undertakes to respect the obligations incumbent upon him/her mentioned in article 3.
3: Duties and Responsibilities of the Member
3.1 Duties :
By using the Service, Members agree to :
* To be honest and authentic in their statements
* Not to break our Community Rules
* Only publish Content (photos or text) that clearly identifies the Member. * Do not publish Content belonging to a third party. Inshallah reserves the right to delete any photo or text that does not comply with these recommendations.
* Not to publish Content concerning confidential information related to a third party.
* Do not publish pornographic content, which offends against decency or human dignity.
* Respect the privacy of other Members and not to publish Content related to exchanges that may have taken place with other Members.
* Not to infringe copyright or the rights of persons...
* Do not jeopardize public order
* Not to commit acts of defamation, insults, discrimination, racism...
* Respect the laws and regulations in force
* Do not incite violence or condone terrorism, war crimes against humanity...
* Do not interfere with the proper functioning of the Application or servers in any way whatsoever
* Do not use automated means to use the Application or contact other Members.
* Do not use the Application for professional purposes
* Do not use the Application for illegal purposes
* Do not use the Application for advertising purposes.
* Not to reveal his login information to other Members, either the password or the e-mail of the Account.
* Not to encourage the use or advertise competing services with the intent to harm Inshallah.
* Do not use the application for the purpose of organizing gatherings
* Do not attempt to intercept, disclose or copy any information passing between the Application and Inshallah servers.
3.2 Responsibilities :
The Member undertakes to use the Application only for personal purposes. The Application must not be used for commercial, promotional or recruitment purposes. It is strictly forbidden to send Messages for marketing or commercial purposes from the Message Board.
The Member is solely responsible for its actions and for what it publishes as Content on the Application. In the event that Inshallah's liability is sought due to a breach by the Member of its obligations under the law or the GCU, the Member undertakes to indemnify and hold Inshallah harmless from any conviction against it arising from the Member's breach, and to reimburse all costs incurred and damages caused.
All Content of a pornographic nature, which offends against decency and in a general way contrary to morality is strictly forbidden. The publication of such photos will be taken very seriously by Inshallah and may lead to the suspension or banishment of the Member's Account.
Inshallah may, in order to prevent or detect fraud-related behaviour, implement a system of verification of the Content published by the Member. In the event that a Member's Content does not comply with the GCU, Inshallah reserves the right to remove such Content without notice. In addition, a Member's profile photos must comply with the following characteristics: must not be blurred, must represent the Member's face, must not be a fictional character or illustration, must not contain nudity, must not contain other faces that do not allow the Member to be identified.
While using the Application, the Member may report any Content that does not comply with the GCU from a Member's profile by clicking on the "Report" button or from the messaging system by clicking on the three small dots.
Inshallah recommends that Members wishing to organize real-life meetings remain vigilant. Members are solely responsible for verifying the identity of the Members they may meet. The organization of meetings is the sole responsibility of Members. Inshallah cannot be held responsible for any problem that may arise during an appointment with another Member met through the Application.
Members are advised not to disclose too early information that would allow them to be identified in real life, such as address, telephone number or last name. For security reasons, we recommend that Members always arrange a first meeting in a public place and only disclose personal information within a reasonable period of time.
The cost of the equipment required to access Inshallah, whether hardware, software or network access, shall be borne exclusively by the Member. Any damage suffered is entirely the responsibility of the Member.
4: Services and features
The Application provides Members with a networking platform to discuss and meet other Members, real or virtual, according to age and declared location criteria. Each Member is free to discuss or not with other Members in accordance with these GCU.
The Service offered by Inshallah is not intended to provide marriage counseling and/or marriage brokerage for the purpose of effecting a marriage or establishing a stable relationship. Its sole purpose is to facilitate meetings between Application Members who have common interests with each other.
4.1 Free services
The Service offers to Members, having accepted the GCU, the following free features (except for the necessary telecommunication costs) :
- Anonymous sending of Likes / Dismiss
- Sending Messages to a Member when a Match has taken place
- Viewing other Members' profiles with blurred or unblurred photos
- Swiper a limited number of profiles
- Anonymously block any Member whose behaviour justifies it
- Anonymously report any Member who violates these GCU or the law
- Consult the list of Members who have been "Matched".
- Configure your search criteria in the settings
- Blur your profile pictures
- Declare the city in which the Member wishes to meet
- Receive notifications
- Consult the help and support site
- To know the number of "Likes" received
- Fill in your profile in accordance with the T&Cs
- Delete Messages
All Pay Services are addressed in Article 7 of these GCU.
5: Communication with the member
The Member may receive notifications via the Application and/or e-mail in order to be warned of the following events :
- A Like received from a member
- A Match resulting from a reciprocal Like between two Members
- A Message received from another Member
- A Message about the Member's Account
- A Like received from a member
- A Match resulting from a reciprocal Like between two Members
- A Message received from another Member
- A Message about the Member's Account
Disabling or configuring notifications is available from the Member's Account or in their Apple or Android smartphone settings.
When registering on the Service, the Member subscribes to the Inshallah newsletter. The Member may unsubscribe at any time by clicking on the unsubscribe link at the bottom of each e-mail sent by Inshallah.
6: Inshallah's Obligations and Responsibilities
6.1 Obligations
Inshallah is committed to providing quality Service to Members with an Apple device with an iOS 8 or higher or an Android device with an iOS 5 or higher. It is the responsibility of the person wishing to use the Service to ensure that their device is compatible before registering for the Application. Inshallah undertakes to have taken all necessary measures to minimize the risk of fraudulent access to its system. Nevertheless, it should be noted that it is impossible to fully guarantee the security of a system. Inshallah cannot be held liable for any malfunction, impossibility of access or poor conditions of use of the Application related to the device used to run the Application or to the Member's internet connection.
Inshallah undertakes, to the extent possible, to maintain the Application online 24 hours a day. Nevertheless, access to the Application may be temporarily suspended for technical reasons (maintenance operations, updates or potential breakdowns). In addition, Inshallah reserves the right to modify or interrupt access to all or any of its features temporarily or permanently.
6.2 Responsibilities
The Member is solely responsible for all the information, content and data that he or she posts on the Application or shares with other Members, in particular via Messages. The Member must ensure that he or she has a valid and secure e-mail address. In the event that his or her e-mail address is not secure, he or she could be a victim of fraud. Inshallah also wishes to make the Member aware of the potential reception of fraudulent or undesirable Messages. The Member should be vigilant and warn Inshallah if he or she receives such Messages.
Meetings held on the Website are at the Member's own risk. Inshallah does not undertake to verify the identity of the Members of the Application or the truthfulness of the contents that they deposit under their exclusive responsibility. During a first physical meeting, Inshallah recommends that you notify a relative in advance and that you prefer a place open to the public (café, bar, restaurant, etc.).
Inshallah shall not be responsible for illegal actions, involving civil or criminal penalties, committed by its Members. This includes prostitution, acts of fraud or swindling, identity theft, copyright infringement, violation of privacy rights, commercial activities.
In accordance with the Law for Confidence in the Digital Economy and Article 6.I-3, Inshallah has provided a moderation system in order to be able to report any illegal content. Inshallah undertakes after verification by Customer Service to remove illegal content.
7: Account deactivation and deletion
Deletion of the Account made by the Member: The Member may, if he wishes, permanently delete his Account at any time, without charge and without reason. To do so, the Member must go directly to the settings of the Application and then to "My Account". This action is final and the Member's Account will be definitively closed. The Member's Account information will be kept for a period of 1 year, in order to be able to respond to a complaint from another Member or a report from another Member. If the Member wishes to re-register after deletion of an Account, the Member will have to start the registration process again and open a new Account.
Deletion of the Account by Inshallah in case of non-compliance with the GCU : In the event that the Member violates these GCU, including its obligations as a Member, its Account may be suspended and then deleted by Inshallah. An Account may be suspended in case of non-compliance with Article 3.1 of the GCU. The Member whose Account is suspended or deleted will be informed by Inshallah by sending a notification and/or email. This action is final and the Member's Account will be definitively closed. The Member's Account information will be kept for a period of 1 year in order to be able to respond to a complaint from another Member or a report from another Member. The Inshallah Premium Membership will be lost without the possibility of a refund.
8. Protection of personal data
The information and personal data communicated by the Member to Inshallah is subject to computer processing and is stored and used by Inshallah for the duration of the Member's registration to the Application. We invite you to consult our Privacy Policy to learn more about how we handle personal data.
9. Copyright
All of the elements and content of the Application, and in particular the graphics, visuals, logos, and the Inshallah and Inshallah.com trademarks and domain names, are the exclusive property of Inshallah and/or exploited on an exclusive basis by Inshallah and may not be reproduced, used or represented without Inshallah's prior written permission, under penalty of prosecution.
The Member grants Inshallah a license to use the copyrights attached to the content it provides for dissemination on the Application. This license includes in particular the right for Inshallah to reproduce, represent, use, if necessary in a modified form, this content on all or part of the Application and in all promotional or advertising documents relating to the Application, in any form whatsoever.
10. Modification of the GCU
The GCU may be modified at any time by Inshallah. The modifications will be brought to the Member's attention by e-mail and by posting them on the Application.
The modifications will come into force as soon as they are posted on the Application. The modifications are deemed to be accepted without reservation by any person who accesses the Application after they have been put online.
11. Applicable law
These GCU are originally written in French and are governed by French law.
In the event of a dispute over the interpretation or execution of the present GCU, and in the absence of an amicable agreement between Inshallah and the Member, the dispute between the latter will be submitted to the competent courts.
12. Contact
The Member can obtain information or ask questions through the "Contact Us" page accessible at the following address on the support: https://inshallah.freshdesk.com/support/tickets/new.
Version of 06/04/2020