1. ACCEPTANCE OF TERMS
An Nasihah Ltd, a company organised and existing under the laws of England, with its principal place of business located at 50 Woodgate, Leicester, LE3 5GF, United Kingdom (hereafter called "An Nasihah") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular An Nasihah services, you and An Nasihah shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
An Nasihah currently provides a service to help adults and children to learn Islam in a fun and educational way through the website www.Nasihahworld.com ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties and versions, shall be subject to the TOS. You understand and agree that the Service is provided as is and that An Nasihah assumes no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalisation settings.
In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem, smartphone, tablet or other access device.
3. PERMISSIBLE USE OF WEBSITE
You agree that:
1. Your use of the Service is subject to and governed by this TOS;
2. Only persons at least 18 years of age may transact business with An Nasihah but those under 18 years of age may access and use the Service with a parent, teacher or guardian's permission (“Parent”);
3. You will comply with and be bound by the TOS in its then-current form as it appears on the website each time you access and use it;
4. Each visit to the website by you indicates and confirms your assent to and agreement to be bound by our TOS; and
5. The TOS is a legally binding and enforceable agreement between yourself and An Nasihah.
You agree not to use or attempt to use the Service for any purpose that:
1. Is any way unauthorised, unlawful or prohibited, or that is harmful or destructive to An Nasihah or any third party;
2. Transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
3. Transmits any harmful or disabling computer codes, spyware, adware or viruses;
4. Interferes with An Nasihah's network services;
5. Attempts to gain unauthorised access to An Nasihah's network services or proprietary information;
6. Impairs or limits An Nasihah's ability to operate the Service or any other person's ability to access and use the Service;
7. Uses any methods, means, or devices to access the Service or cause access to the Service for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with An Nasihah;
8. Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
9. Harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
10. Uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
11. Harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
12. Dilutes or depreciates the name and reputation of An Nasihah or any of its officers, agents, representatives or affiliates;
13. Uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; and/or
14. Unlawfully uploads any confidential, proprietary or trade secret information.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of certain areas and features of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or An Nasihah has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, An Nasihah has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBERSHIP AND BILLING
The details about membership and plans are listed here for your convenience.
You can find the specific details regarding your membership with An Nasihah at any time. Simply sign in to your An Nasihah account (“Account”), go to the Manage tab, and click on My Account.
By starting your An Nasihah membership (“Membership”), you are expressly agreeing that we are authorised to charge you the membership fee associated with the type of membership (monthly or yearly) you chose during registration (“Fee”). You agree that we are authorised to charge you the Fee at the then-current rate to the payment method you provided during registration (or to a different payment method if you change your Registration Data). Please note the Fee and other charges are subject to change with notice. As used in this TOS, billing shall indicate either a charge or debit, as applicable, against your payment method. The Fee will be billed at the beginning of the paying portion of your Membership and each month or year thereafter unless and until you cancel your Membership. Sign-in to your Account, go to the Manage tab, and click My Account to see the commencement date for your next renewal period. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your Membership. The membership Fee and other charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your payment method on the last day of such month. For example, if you became a paying member on January 31, your payment method would next be billed on February 28.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your Membership plan, and you authorise us to charge your payment method for such varying amounts. Payments are non-refundable and there are no refunds or credits for partially used periods. We may change the Fees in effect or add new Fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in payment method, such as your credit card validity or expiration date, you may edit your payment method information from your My Account page. To access this page sign-in to your Account, go to the My Account tab, and click Manage. If your payment method reaches its expiration date and you do not edit your payment method information or cancel your Account (see, Cancellation below), you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts.
b. Ongoing Membership
Your Membership will continue in effect unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews each billing period in order to avoid billing of the next membership Fee to your payment method. We will bill the membership Fee at the then-current rate plus any applicable tax to the payment method you provide to us during registration (or to a different payment method if you change your Registration Data). Fees and other charges are fully earned upon payment.
c. Cancellation You may cancel your Membership at any time, and cancellation will be effective immediately. You will continue to have access to the Service until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your Membership, sign in to your Account, and click on My Account and then Cancel Membership. Follow the instructions for cancellation under the heading Cancel Membership.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
Certain areas or features of the Service are restricted to registered users who have obtained a user identification and password by completing the registration process described above and/or purchased a Membership. You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify An Nasihah of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of the Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised. An Nasihah cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
An Nasihah Accounts may not be shared by more than one user unless other authorised users are specifically named in your Account. In case you wish to add, change or delete a user or users that are authorised to use the Service, you may do so by updating the Registration Data by signing in to your Account, and click on My Account and edit the authorised user details.
8. INTERNATIONAL USE
You understand and acknowledge that An Nasihah controls and operates the Service from within the United Kingdom. We make no representation that the Service will be available or uninterrupted in the future anywhere outside of the United Kingdom. Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding your access and use of the Service and the transmission of technical data exported from the United Kingdom or the country in which you reside.
If you make any unauthorised use of the Service or violate the TOS: (a) you may be in violation of the laws of the United Kingdom, as well as applicable international laws, and may be subject to penalties, and (b) you may be responsible for damages caused to An Nasihah and/or the Service. You agree to indemnify and hold An Nasihah, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of others.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
An Nasihah reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that An Nasihah shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service, including suspensions and interruptions imposed anywhere outside of the United Kingdom. In the event of permanent discontinuance of the Service for reasons imputable to An Nasihah, liability is limited to the Fee paid for the Membership, pro-rated to the amount of time remaining on the Membership.
You agree that An Nasihah, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if An Nasihah believes that you have violated or acted inconsistently with the TOS. An Nasihah may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be affected without prior notice, and acknowledge and agree that An Nasihah may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that An Nasihah shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because An Nasihah has no control over such sites and resources, you acknowledge and agree that An Nasihah is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that An Nasihah shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. AN NASIHAH'S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
An Nasihah is a registered trademark of Edustanding Limited. The marks appearing on the Service or any affiliated website, including, but not limited to, An Nasihah's respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of An Nasihah (“Marks”). You agree not to use or otherwise appropriate any of Marks appearing on or in association with the Service or any affiliated website. You will further indemnify An Nasihah against any loss or damage accruing to it as a result of your unauthorised use of the Marks, including the payment of any attorney's fees.
Any third-party trademarks and/or service marks appearing on An Nasihah are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with An Nasihah, and you assume any and all liability associated with any unauthorised use. You will further indemnify An Nasihah against any loss or damage accruing to it as a result of any unauthorised use, including the payment of any attorney's fees.
You acknowledge and agree that the Service and any necessary software, all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the look and feel, and the operation of the An Nasihah website and/or used in connection with the Service (“Website Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and common law principles of trade secret and trade dress in the United Kingdom and abroad. Except as expressly authorised by An Nasihah or advertised, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Website Content, in whole or in part.
An Nasihah grants you a personal, non-transferable and non-exclusive right and license to use the Service. All rights associated with the Website Content are owned by An Nasihah, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You agree that you will not copy, reproduce, modify, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, distribute or otherwise transfer any right in the Website Content. You agree not to modify the Website Content in any manner or form, or to use modified versions of the Website Content, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by An Nasihah for use in accessing the Service.
You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from An Nasihah, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from An Nasihah, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from An Nasihah:
1. In or as any meta-tag or hidden text;
2. In or as part of any contextual marketing directory, index, or triggering term;
3. As content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
4. As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as An Nasihah or controls the content of any other Internet browser window.
Furthermore, you understand that the Website Content is protected by copyright and other laws in both the United Kingdom and elsewhere. Under the terms of this agreement, it is expressly forbidden to distribute the Website Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity who does not have a valid account. An Nasihah reserves the right to cancel your account without refund if it is determined that you have violated this portion of the agreement.
15. COPYRIGHT INFRINGEMENT NOTICES
An Nasihah will receive and evaluate notices of copyright infringement and take appropriate actions under the relevant rules. Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the applicable rules and must be submitted to info@An Nasihah.com.
16. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis. An Nasihah expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. An Nasihah makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from An Nasihah or through or from the Service shall create any warranty not expressly stated in the TOS.
5. You, and not An Nasihah, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of visiting or using the Service.
17. LIMITATION OF LIABILITY
You expressly understand and agree that An Nasihah shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if An Nasihah has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Service; or
(v) any other matter relating to the Service.
18. EXCLUSIONS AND LIMITATIONS
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 above limitations of sections 16 and 17 may not apply to you. However, in no event shall An Nasihah's total liability to you for damages, losses and causes of action (whether in contract, tort or otherwise) exceed the Fee paid by you, if any, in accessing and using the Service.
19. COMMUNICATIONS WITH AN NASIHAH
Time Sensitive Instructions: When communicating with us through this Service, instant messenger chat or via e-mail, do not use the website, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honoured. All transactions conducted on this Service, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Service, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a click to accept button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Service, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against An Nasihah's policy and outside the scope of our employee's employment. An Nasihah does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to info@An Nasihah.com. The use of An Nasihah's e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: An Nasihah disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and An Nasihah makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under certain laws, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from An Nasihah, you may opt-out by sending an e-mail to info@An Nasihah.com .
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient's responsibility to ensure that any e-mail they open is virus free. An Nasihah is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If An Nasihah forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than An Nasihah or our team members for which An Nasihah assumes no liability whatsoever. An Nasihah disclaims any representation or warranty that its e-mails are virus free and/or error free. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with An Nasihah's e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
20. GENERAL INFORMATION
You agree and acknowledge that we may revise or change this TOS at any time, without notice to you, and you agree that you will be bound by the provisions of these TOS as they appear on the Service at the time you access it. Continued use of the Service constitutes your agreement to the then-current TOS. Because this TOS may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, and materials on or available through the Service are subject to updating and revision without notice to you. This TOS is effective as of April 17th, 2020.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. BINDING ON SUCCESSORS
This TOS shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that An Nasihah is fully authorised to assign, sublicense and/or otherwise convey and transfer this TOS and/or any of its rights under this TOS at any time, in its sole and absolute discretion, and without compensation of any kind to you.
22. NOTICES AND QUESTIONS
If you have any questions regarding this TOS, please contact us by email at email@example.com . Except as otherwise specified elsewhere in this TOS, notices to An Nasihah may be given at the foregoing email, and notices to you may be given at the address provided to us in your Registration Data.