Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Last updated on 15/03/2021

  1. Agreement to the Terms of Use
    1. NOTSOARRANGED ENTERPRISES LLP (“NSA”, “we”, “us”, “our”) is a Limited Liability Partnership incorporated under the Limited Liability Partnership Act, 2008. NSA owns the website domain name “https://notsoarranged.com/” (“Website”). These terms of use (“Terms”) govern your access and use of the Website and other NSA products and services you avail of (“Services”). For the purpose of these Terms and other NSA policies referred to herein, “you”, “your” or “User” shall mean any natural or legal person, as and where applicable and to be understood so, and any other person that browses the Website or uses the Services.
    2. Before you use our Website or Services, please read these Terms, along with NSA’s Privacy Policy (“Privacy Policy”) which provides the User (defined therein) more information on how we collect, process and disseminate your information. By using or accessing the Website or any Services of NSA, you agree that you have read, understood and expressly agree to be bound by these Terms and our Privacy Policy.
    3. By mere use of the Website, you shall be contracting with NSA regardless of your membership status. These Terms, along with any policies referred to herein, constitute your binding obligations with NSA. If you do not agree with any of such Terms, you may not access the Website or avail of our Services. Your use of certain Services (or aspects thereof) may be subject to additional terms and conditions which will be made available to you when you access those Services.
    4. The Terms and the Privacy Policy may be amended or modified by NSA, at its sole discretion, from time to time. It is your responsibility to review these Terms periodically and you hereby waive any right to receive specific notice of any such changes to the Terms. If changes are made to these Terms or the Privacy Policy, your continued use of the Website and/or Services after such changes are made shall signify your acceptance and agreement to be bound by the revised Terms and Privacy Policy. If you transact on the Website, you shall also be subject to the laws and policies as applicable to the Website for such transaction.
    5. These Terms are published in accordance with applicable law. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes will be applicable. This electronic record is generated by a computer system and does not require physical or digital signatures.
  2. Eligibility and Use of Website and Services
    1. All persons are permitted to browse the Website, even without providing registration/membership data or registering/subscribing for Services (as a “member” and for “membership”). However if you choose not to subscribe for our paid Services, certain features of the Website and our Services may not be accessible to you.
    2. By using or requesting to use our Website and/or subscribing for our Services, you represent and warrant that:
      1. you are above the age of 18 years;
      2. you are single and capable of, and willing to, enter into a new romantic relationship and do not at present have a spouse or monogamous romantic partner;
      3. you have not been convicted of any criminal offence in any jurisdiction;
      4. no insolvency or bankruptcy proceedings are pending against you in any jurisdiction; and 
      5. you are legally capable of entering into these Terms with NSA and your use of the Website and/or Services does not violate any applicable laws.
    3. NSA does not typically conduct background checks on its Users, but reserves the right to do so to determine compliance with the above eligibility criteria.
    4. You acknowledge and accept NSA’s right to refuse or reject any User’s request for membership at NSA’s sole discretion and without providing any reason to you for such rejection/refusal.
    5. You confirm and warrant that all information you provide to NSA is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, incomplete or not current or not in accordance with these Terms or other NSA policies referred to herein (or if we have reasonable grounds to suspect as such), we reserve the right to indefinitely suspend and/or terminate your membership account and your access to the Website and Services, at our sole discretion, without providing any reason to you and without the liability to make any payment to you. You assume sole responsibility and liability for any and all information provided by you in connection with the Services, including information which is shared with other Users by NSA or by you in your communications with such other Users.
    6. By using or requesting to use our Website and/or subscribing for our Services, you agree that:
      1. NSA’s Services are strictly for your exclusive personal use and you may not assign, transfer or authorize others to use your membership account.
      2. If you subscribe to NSA’s paid Services you shall be responsible for maintaining confidentiality of your login credentials to your membership account and for all activities that occur through your account. NSA shall not be responsible for any third party access to your membership account.
      3. You shall treat other Users respectfully and courteously, during both offline and online interactions.
      4. You may use the Services only for the purposes expressly authorized by NSA and appropriate legal measures will be initiated against any unauthorized use.
  3. Membership and Cancellations
    1. NSA offers certain Services for a fee. Our membership plans are available at https://notsoarranged.com/membership. You are required to make an advance payment of the fees to purchase and/or renew these membership plans.
    2. For all membership plans, there is a ten (10) day cooling off period, within which a member can claim a full refund before receiving their first match. Your cooling off period will begin the day your membership starts. If you choose to cancel or terminate your membership at any point after the cooling off period has lapsed, you will not be entitled to any refund of your membership fees.
    3. Our Services are constantly evolving and we reserve the right to amend or discontinue the membership plans (or any part thereof) at any time, at our discretion and without notice, explanation or liability. All changes to the membership plans shall be effective immediately and will apply to you automatically (as relevant).
    4. Your membership fees will not be refundable if your membership is terminated or suspended by NSA due to your breach of, or non-compliance with, these Terms, any policies mentioned herein or any additional terms applicable to the Services.
  4. General Prohibitions
    1. You agree, undertake and confirm that your use of the Website and the Services shall strictly be governed, along with the other conditions provided for herein, by the binding principles set out under this Section 4.
    2. You shall not:
      1. attempt to obtain the login information of, or otherwise access, membership account or other details belonging to other Users;
      2. bully, intimidate, threaten, abuse, stalk, defame or harass any User of NSA; 
      3. bully, intimidate, threaten, abuse, stalk, defame or harass any employee or representative of NSA;
      4. impersonate any other person or misrepresent your affiliation with any person or entity;
      5. reverse look-up or trace (or attempt reverse look-up or trace) any information on any other User;
      6. make any unauthorized use of the Services including, but not limited to, creating User accounts under false pretences or sending unsolicited emails to Users;
      7. collect personally-identifiable information or any other information on, or in relation to, Users including usernames and/or email addresses; 
      8. transfer or assign your membership account (whether or not for consideration) to any third party;
      9. transmit or share any content that is degrading, vulgar, objectionable, offensive, obscene, invasive, promotes discrimination, hatred or bigotry against any individual or group, promotes or threatens violence, promotes illegal or harmful activities or substances to any other User you meet through NSA;
      10. directly or indirectly retrieve data or other content from the Website to compile a database or directory without NSA’s express written consent;
      11. disparage, tarnish, defame, denigrate or otherwise harm, in our opinion, NSA or the brand name or domain name used by NSA or otherwise engage in any conduct or action that might tarnish the image or reputation of NSA;
      12. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
      13. copy, adapt, disassemble, decompile, or reverse engineer any software of NSA;
      14. delete the copyright or other intellectual property rights notice from any content on the Website or Services;
      15. use any meta tags or other hidden text or metadata utilizing NSA’s trademarks, logos, URLs or product names without NSA’s express written consent;
      16. access the Website in such a way that adversely affects the performance or function of the Website or interferes with the ability of any other User to access the Website and related Services;
      17. input or upload information that contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with intercept or expropriate any system;
      18. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or NSA systems or networks, or any systems or networks connected to NSA;
      19. interfere with security-related features of the Website or Services, including those restricting copying or use of any content or to prevent or restrict access to the Services;
      20. use, display, mirror or frame the Services or any individual element within the Services, NSA’s name, any NSA proprietary information, or the layout and design of any page or form contained on a page, without NSA’s express written consent;
      21. use the Website or Services, or any information obtained therefrom, to solicit, sell or advertise any product or service, to engage in any other revenue-generating or commercial endeavours, for any commercial purpose for the benefit of any third party or in any other manner not permitted by these Terms;
      22. use the Website or Services, or any portion thereof, for any purpose that is unlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of NSA and/or others; and/or
      23. encourage or enable any other person to do any of the foregoing.
    3. If NSA discovers or becomes aware or has reasonable grounds to suspect violation of any obligations set out in this Section 4, we reserve the right to indefinitely suspend and/or block your membership account and your access to the Website and Services and/or to terminate your membership with NSA with immediate effect, at our sole discretion, without providing any reason to you, without any refund or other payment to you, and without any liability to NSA whatsoever. Any such action by NSA (including any termination of your membership) shall be final and binding.
  5. Disclaimer
    1. You understand and agree that NSA shall in no way be liable or responsible for: 
      1. User conduct, behaviour or actions;
      2. interactions between Users of the Website and Services;
      3. inaccuracies in information provided by Users when subscribing to the Services;
      4. marital status, behaviour or mental state of any User; and/or
      5. loss or damage to any person on account of relations established from using the Website or Services.
  6. No Guarantee
    You understand, acknowledge and accept that, while NSA’s objective is to provide you with a customised approach to dating based on your results in our unique and copyrighted Compatibility Quotient quiz, NSA does not guarantee you any matches, that you will find a suitable match or the accuracy, availability, compatibility, behaviour, personality, manners, background, conduct and/or lifestyle or other attributes of any User. You further understand that NSA makes no guarantees, express or implied, about the Services, including your compatibility with any other User.
  7. Risks and Precautions
    You acknowledge that it is your responsibility to take measures to protect yourself against risks when using the Services, including but not limited to all risks associated with online and offline interactions with other Users. You agree to take necessary precautions when sharing personal information, communicating over phone, text etc. and meeting in person with other Users. You understand that NSA does not undertake background checks on Users and is not responsible for the conduct of Users or your compatibility with other Users. You are under no obligation to use the Services or to communicate or meet any User as part of the Services.
  8. User Breach
    If a User breaches any of the terms and conditions contained in these Terms and other policies mentioned herein in any way, NSA may take such action as NSA deems appropriate in its discretion to deal with the breach, including restrict, suspend or terminate  such User’s access to the Website, Services or any part thereof, blocking computers with the User’s IP address from accessing the Website, contacting the User’s internet service provider to request that they block the User’s access to the Website, bringing court proceedings upon the User under these Terms and applicable law and/or otherwise managing the Website and Services in a manner aimed at protecting NSA’s rights and property and to facilitate the proper functioning of the Website and Services.
  9. Intellectual Property Rights
    1. Services Content, Software, Copyright and Trademarks: You acknowledge and agree that the Website contains content and features (“Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Such Content expressly includes our unique and copyrighted Compatibility Quotient quiz, and which also includes (without limitation) source code, databases, functionality, software, web platform designs, audio, video, text, photographs and graphics. Except as expressly authorised by NSA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Content. Any use of the Website other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website are the property of NSA, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NSA.
    2. NSA Name and Logo: The NSA name and logos are trademarks and service marks of NSA (collectively the “NSA Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NSA Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of NSA Trademarks will inure to our exclusive benefit.
  10. Communication and Variation
    1. When you use the Website, subscribe to the Services or send e-mails or transmit other data, information or communication to NSA, you agree and understand that you are communicating with NSA through electronic records and you consent to receive communications via electronic records from NSA, and persons authorised by NSA, periodically, and as and when required.
    2. NSA may communicate with you by e-mail or by such other reasonable mode of communication, electronic or otherwise.
  11. User Privacy
    1. By using the Website and/or Services, you agree to be bound by our Privacy Policy, which is to be considered part of these Terms. We view protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance applicable law.
    2. Please refer to our Privacy Policy to know how your information is collected and handled by us.
  12. Term and Termination
    1. These Terms shall remain in full force and effect while you access the Website and/or use the Services.
    2. NSA has the right to (i) terminate your access to, and use of, the Services; and/or (ii) suspend or terminate your use of the Website, at our sole discretion, at any time and without providing reasons or notice to you. In such event, you may not re-register membership for our Services under a different name or under the name of a third party.  NSA shall not be liable to you, or any third party, for any termination of your access to the Website or Services.
    3. Any suspected fraudulent or illegal activity shall be grounds for immediate termination of your use of the Website and/or Services, and in such case we shall also be entitled to take appropriate legal action against you.
    4. Subject to the other provisions of these Terms, you may delete or discontinue your membership at any time by sending an email to us at hello@notsoarranged.com. Deleting/discontinuing your membership is your sole method of terminating these Terms.
    5. Upon termination of these Terms, the following will survive: Sections 2.5, 9, 12, 13, 14, 15, 18, 19, 20, 21 and 22.
  13. Indemnity
    1. You will indemnify and hold harmless NSA and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Website and/or Services, (ii)  content / information that you submit or make available through the Services, (iii) your violation of the rights or safety of any other User or person, or (iv) your violation of these Terms.
    2. This Section 13 shall survive these Terms and your use of the Website and Services.
  14. Disclaimer of Warranties and Limitation of Liability
    1. This Website, all the materials and information provided, included or otherwise made available to you through this Website, are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, NSA does not warrant that:
      1. this Website will be constantly available, or available at all; or
      2. the information on this Website is complete, true, accurate or non-misleading, save and except what is directly provided to the User by NSA.
    2. NSA shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website or the Services. Nothing on the Website constitutes, or is meant to constitute, advice of any kind and is not binding on any party.
    3. YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NSA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    4. NSA AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES.
  15. Waiver
    1. The User waives any and all rights to claims with respect to performance or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against NSA regarding the same, whatsoever.
    2. The failure of, or delay by, NSA to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.
  16. Assignment
    1. NSA may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User or without obtaining the User’s consent (except as provided for under the Privacy Policy).
    2. The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from NSA.
  17. Headings
    The headings/titles in these Terms are for convenience only and have no legal or contractual effect.
  18. Severability
    If a provision of these Terms, or other applicable NSA policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part shall be deemed deleted, while all other provisions of these Terms, or other NSA policies, shall continue to remain in full force and effect.
  19. Contact Us
    1. All notices, requests, claims, demands, waivers and any other communications required to be given by the User to NSA under these Terms must be forwarded to hello@notsoarranged.com. In case of any such notices, requests, claims, demands, waivers and any other communications from NSA to the User, these shall be forwarded to the address registered by the User with NSA.
    2. In order to resolve a complaint regarding the Website, Services or any content therein and to receive further information regarding use of our Services, please contact us at: hello@notsoarranged.com.
  20. Dispute Resolution
    1. As a User, you agree you are solely responsible for your interactions on the Website and through your use of the Services. NSA shall have no liability or responsibility with respect to disputes arising between you and other Users (including, but not limited to, resolution or mediation of such disputes).
    2. In the event of any dispute, controversy, or claim arising from use of the Website or the Services and with inclusion of NSA as a party, parties shall first attempt to arrive at an amicable resolution within a period of forty five (45) days.
    3. If the Parties are unable to resolve a dispute amicably within the period set out under Section 20.2, the dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted in Mumbai by a sole arbitrator under the (Indian) Arbitration Act, 1996. The parties agree that the award given by such arbitrator shall be final and binding upon the parties.
  21. Governing Law and Jurisdiction
    1. These Terms and all other policies referred to herein shall be governed by and construed in accordance with the laws prevailing in India.
    2. Any disputes relating to the Terms and all other policies referred to herein shall be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.
  22. Entire Agreement
    1. These Terms, the Privacy Policy and any other policies set out by us from time to time shall constitute and comprise the entire agreement between the User and NSA regarding the use of the Website and the Services.
    2. This Agreement supersedes any prior agreements between the User and NSA regarding the use of the Website and the Services, including but not limited to any prior version of these Terms.