PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY USING THE Qabiltu WEBSITE, YOU AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
This Internet web site is provided by Qabiltu ('the Company'). This is a legal agreement between
you and Qabiltu. By using this website, you agree to
be bound to the following Terms and Conditions. If you do not agree with these
terms and conditions then you are not authorised to
use or access this web site. The application form is a contractual offer by you
to us subject to these Terms and Conditions and no others. On acceptance by us,
there exists a binding contractual relationship between you and us. This
document ('The Membership Terms and Conditions') sets out the relationship
between you and the Company. The Company agrees with you as follows:
Definitions, In this agreement the following words
shall have the following meanings: 'Us' refers to Qabiltu
and 'we' and 'our' will be construed accordingly. 'You' refers to the customer
or user who uses the site subject to these Terms and Conditions and 'your' will
be construed accordingly. 'Advertisement' refers to the Advertisement(s) placed
by you on the Qabiltu web site. 'Site' means our web
site located at www.qabiltu.com, and 'Content' means the information and other
material available within the Site.
- Membership
Conditions
- We are
a private members club and will only accept membership
applications from single, widowed, divorced or legally separated adults
of the Muslim religion, over 18 years of age. No children are eligible to
apply for such membership.
- Your
membership is for your sole, personal use only. You may not authorise
others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity.
- We
cooperate with law enforcement enquiries including other parties’ rights
to enforce laws such as intellectual property rights fraud and other
rights. You expressly authorise us to disclose any information about you
to law enforcement and other Government Agencies including the Police
which we at our sole discretion believe necessary or appropriate in
connection with any fraud, intellectual property infringements or other
activity which is or may be illegal or may expose us to legal liability.
- Membership
Fees
- Prior
to acceptance by us of your Advertisement you will submit to us:
- A
completed application form;
- The
necessary fee, which shall be made payable to “Qabiltu
Ltd” from whom all transaction receipts will be issued;
- One
non-returnable photograph for display as part of the member profile on
the site or one colour image sent electronically via e-mail in such
format as we notify you in advance.
- You
agree to pay for our service:
- If
applying on-line, by way of payment from a debit or credit card (which
either belongs to you or which you are otherwise authorised to use), Paypal, Stripe, or In-App purchase, we will be
entitled to receive payment weekly, monthly, quarterly, or annually,
(depending on the membership package you choose) for the duration
of your membership. No refunds will be given either in
whole or part unless their
is an agreed error by both parties and must be done via email. You
acknowledge and agree that you are obliged to give us 28 days' notice
before canceling this payment method and that
during the 28 day cancellation period, you may
be required to make a further payment if the payment due date falls
during this cancellation period. You also acknowledge and agree that
such notice will only be validly given by the completion and
transmission by you to us of our on-line payment cancellation form.
- If
applying other than on-line, by way of payment in advance ('the Advance
Payment'). You acknowledge and agree that in no circumstances will the
Advance Payment be refundable by us (whether in whole or in part) unless
their is an agreed
error by both parties and must be done via email. When paying by this
method you agree to pay for either a minimum period of 1 month or
such longer period as is agreed between you and us (in each case 'the
Period'). Your membership will expire automatically at the end of the
Period.
- It is
your responsibility to ensure that we receive prompt payment, as we will
not be held responsible for payment not being received.
- If the
fee is not paid on or before the due date, we shall, until actual payment
of the fee, have the right to suspend display of or cancel membership.
- The
fee in respect of subsequent periods shall be in accordance with our then
current rate card, which we may vary from time to time, provided notice
thereof has been given to you not less than 30 days before the end of the
relevant period.
- Delivery
times for services purchased on the site can vary from instant access to
48 hours, depending on your payment method.
- Your
Responsibilities
- You
must satisfy yourself as to the bona fides of those to whom you are
introduced. You are solely responsible for your interactions with other
members. We reserve the right, but have no obligation, to monitor
disputes between you and other members. It is solely your responsibility
to ensure your own safety when meeting/communicating with other members
both on and off the site.
- The
data posted to a profile has to accurately reflect the details of only
the single person using the profile. It is your responsibility to ensure
the accuracy of all details (personal or otherwise) provided by you about
yourself to us for inclusion in your Advertisement. It is your
responsibility to inform us of any changes to personal details or
circumstances at the earliest opportunity. You are solely responsible for
the content or information you transmit to other members.
- Individuals
are only permitted to have a single member profile on the site, under no
circumstances are duplicate or test profiles allowed.
- You
will not post on our service, or transmit to other members or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, religiously
offensive, sectarian, or illegal material, or any material which
infringes or violates another party's rights (including, but not limited
to, proprietary rights, and rights of privacy).
- You
will not include within your profile content any personal contact
information or clues pertaining to personal contact information
including, but not limited to; Email, Telephone, Blackberry IM, Facebook,
Street address, Full name, URL, MSN/Yahoo chat or any other communication
systems.
- You
will not use offensive anatomical or sexual references, or offensive
sexually suggestive or connotative language, and you will not post any
photos containing nudity or personal information.
- You
will not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the Service. You will not
transmit any chain letters, junk or spam mail or messages to other
members.
If you do advertise or promote any service without permission (permission
will only be given in writing) you agree to pay a standard advertising
rate of £300 per day for everyday your account has been on qabiltu.com
starting from the day you registered. You will be personally liable if we
are not able to recover the sum of monies from the company advertised and
we will take legal action to enforce this.
- You
will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
- Abuse
to staff, zero tolerance policy, we will not tolerate any abuse towards
any of the Site admin staff at any time.
- You
will use our service in a manner consistent with any
and all applicable laws and regulations. We reserve the right, but
have no obligation, to reject any profile or photo which does not comply
with these prohibitions.
- Our
Responsibilities
- We
reserve the right to reject an application on any basis and without
providing a reason.
- We
reserve the right to expel you immediately in the event
that your behaviour has caused complaint and we consider that
complaint to be serious and justified. No refunds will be provided.
- We
reserve the right to suspend, amend, or delete any profile, without
notice, if we deem; it to be inappropriate; or acting in an inappropriate
manner; or breaking the site Terms and Conditions or site Code of
Conduct; or for other safety and security reason.
- It is
your responsibility to delete your profile after your membership has expired,
unless you choose to renew your membership and pay the further applicable
fees, or wish your profile to remain visible on
our service.
- Signing
and submitting the application form, for processing, authorises us to
disclose your chosen methods of contact to other members and display your
photograph as part of your member profile.
- We
reserve the right to monitor the messaging service and other 'Community
facilities' (as defined in clause 16 below) to ensure compliance with
these terms and conditions and for ongoing development of the site.
- We
reserve the right to modify the services without giving any prior notice.
- In the
event that you receive via the Site an e-mail or other communication from
another member which you consider to be either defamatory, abusive,
obscene, profane, threatening, harassing, racially offensive or illegal,
or which you consider in any other way infringes the rights of you or
another (in all cases an 'Offensive Message'), you should (1) print off
and retain a hard copy and (2) save in electronic format a copy of each
such Offensive Message. Being able to produce a copy of the Offensive
Message is likely to be necessary if you wish to take further action in
respect of such Offensive Message either by way of complaint to us, the Police
or any other regulatory body. For the avoidance of doubt
we confirm that we are unable to store and/or trace every e-mail or other
communication passing between our members. We repeat that no liability
can attach to us as a result of your receipt of the type of communication
referred to in this Paragraph.
- Liability
- We do
not accept any liability for your conduct or behaviour after an
introduction has been made nor for any information being forwarded on to
a third party. We accept no liability for any act conduct or your
behaviour or comments to or with third parties at social events or in the
chat rooms. In no event (except for death and personal injury arising
from our negligence) shall we be liable for any loss or damage whatsoever
arising directly or indirectly from or in any way connected with the Site
or your use of or reliance upon the Content or any information you obtain
by means of the Site whether based on contract, tort, negligence,
statutory duty or otherwise, even if we or any of our suppliers have been
advised of the possibility of such loss or damage. Your statutory rights
in relation to any goods or services purchased through the Site are not
affected.
- Opinions,
advice, statements, offers, or other information or content made
available through our service are those of their respective authors and
not ours, and should not be relied upon. Such authors are solely
responsible for such content. We do not guarantee the accuracy,
completeness, or usefulness of any information on the service and neither
adopt nor endorse nor are responsible for the accuracy or reliability of
any opinion, advice, or statement made. Under no circumstances will we be
responsible for any loss or damage resulting from anyone's reliance on
information or other content posted on our service, or
transmitted to our members.
- IMPORTANT
- PLEASE READ: It is possible that other customers or users (including
unauthorised users, or 'hackers') may post or transmit offensive or
obscene materials on the site and which you may be involuntarily exposed
to such offensive and obscene materials. We are not responsible for the
use of any personal information which you may choose to disclose, or as a
result of using, our services. Please carefully select the type of
information which you post on the site or release to other customers.
- We do
not have the obligation nor responsibility or the technical means to
verify the identity of persons who register as members or use our
services, or to verify member content.
- Indemnity
You will defend, indemnify, and hold harmless our officers, directors,
employees, agents and third parties, for any losses, costs, liabilities
and expenses (including legal costs) relating to or arising out of your
use of our service, including any breach by you of the terms of this
agreement.
- Data
Protection
From time to time, we will provide other companies some of your details so
that you may receive other offers and information which may be of interest
to you. If you would rather your details are not passed on
then please confirm this in writing to us either via our Postal Address or
via email to: customercare@qabiltu.com. Please note that information you
provide may also pass to countries outside Europe (except for the normal
routing requirements of the internet). Please confirm in writing if you do
not want your details passed to countries outside Europe, except in
accordance with the eighth Data Protection Principle as set out in the
Data Protection Act 1998. If you wish for all direct communication between
yourself and the site to be terminated then
please confirm this in writing to us.
- Term
- This
agreement shall continue for successive fixed periods of 12 months unless
either you or ourselves has given the other not
less than 28 days' prior written notice of termination to take effect at
the end of any such fixed period.
- We may
terminate this agreement forthwith if you breach any term of this
agreement and (if capable of remedy) has not been remedied within days of
being notified of the breach by us.
- Any
rights accrued prior to termination of this agreement shall survive its
termination including your obligation to make payment in accordance with
clause 3.2.
- Rights
Granted/ Rights Reserved
The content of the Site is for your personal use only and you may download
the Content onto only one computer hard drive. You agree not to (and agree
not to assist or facilitate any third party to) copy, distribute,
transmit, reproduce, publish commercially exploit or create derivative
works from the Content.
- Availability
- You
acknowledge that it is technically impossible to provide the Site free of
faults and that we do not undertake to do so; that
faults may lead to the temporary unavailability of the Site; and
that the operation of the Site may be adversely affected by conditions
and performances outside our control, including, without limitation,
transmission and telecommunications links between us and you and between
us and other systems and networks. We and/or our suppliers may make
improvements and/or changes in or to the Site at any time.
- The
Site in not available in all territories.
- Force
Majeure
We accept no liability for any temporary or even permanent unavailability
of the Site arising from events of any kind or circumstances which are
outside our control even though we shall use all reasonable endeavours to
minimise or mitigate the effects of any such force
majeure but this will not release you by reason of such force
majeure from any obligation to indemnify or make any payment due under
these Terms and Conditions.
- Warranty
- We
will perform our services with reasonable care and skill. No
representation or warranty is given that the services will be
uninterrupted or error free or that all errors or defects can be
corrected or remedied.
- We
will not be responsible for any loss or damage sustained or incurred by
any third party (including without limitation, any loss of use of any
software or equipment, or loss of or spoiling of any data) resulting from
any defect, deficiency or error in any equipment or software or any
associated documentation, or for any failure or interruption of any
telecommunications facilities or network systems which is beyond our
control.
- You
further acknowledge that some of the Content is supplied to us (directly
and indirectly) by third parties and accordingly we can offer no warranty
of whatever nature in relation to such Content.
- Links
(including Qabiltu features and news)
This Site may contain hyperlinks to other web sites. The products and
services offered by us are sometimes through third party companies. These third party companies will provide additional products
and services for and on our behalf. By using any of these third party companies, you are agreeing to be bound by,
and comply with, their terms and conditions or terms of service. These third party companies are not parts of or associates of
our Company and under no circumstances shall we be liable for any losses
or damages caused by a third party company. Such limitation shall also
apply with respect to damages incurred by reason of other services or
goods received through a recommended third party
company. If you accept any products or services offered by a third party company, then all communication must be
between you and the third party company. We will not be responsible or
liable for any communication or misrepresentation of the third party company. You acknowledge and agree that we
are not responsible for the availability of such external sites, and do
not endorse and are not responsible or liable for any content,
advertising, products or other materials on or available from such sites.
You agree and acknowledge that you are solely responsible for evaluating
any goods or services offered by us or third parties via the Site and that
we will not be a party to or in any way responsible for any transactions
between you and third parties. Any dissatisfaction or violation of terms
and conditions by either party should write an official letter to us
stating all facts and instances.
- Intellectual
Property and Use of Software
You acknowledge that all copyright, trademarks and all other intellectual
property rights in the Content shall remain vested in us or our licensors.
Your use of any software that is made available to download from the Site
or via any hyperlink contained on the Site ('Software') is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ('Licence Agreement'). You may not install,
copy or use any Software which is accompanied by or includes a Licence
Agreement unless you first agree to the terms of such Licence Agreement.
All title, copyrights and other intellectual property subsisting in this
site or in any artwork connected with the site belong to us and will remain our property at all times.
- Proprietary
Rights
You represent and warrant to us that the information posted including your
photograph are posted by you and that you are the exclusive author and the
exclusive owner of your photographs. You assign to us, with full title
guarantee, your profile and your photographs posted, at any time, in
connection with the site absolutely any and all
moral rights to be identified as the author of your profile and ownership
of photograph and any similar rights in any jurisdiction in the world. In
addition other names or copyrighted information, which has copyright
protection, whether or not it is identified except for that information
which is in the public domain or for which you have been given written
permission by the owner of such information, you will not copy, modify,
publish, distribute, perform, display or sell any such proprietary
information, By posting information photographs or content on any Service,
you automatically grant, and you represent that you have the right to
grant, to us and other members, free of charge, an irrevocable, exclusive,
royalty-free, fully paid, worldwide licence to use, reuse, copy,
copyright, print, promote, publish, republish and distribute whether
online or offline, with various publishers through any media, for art,
advertising, trade or any other purpose whatsoever, such content and
photographs and to prepare derivative works of, or incorporate into other
format without restriction, in conjunction with your name or a fictitious
name, such information and you grant and authorise sub-licences of any of
the foregoing.
- Security
- You
are responsible for the security and proper use of your user names and passwords used from time to time in
connection with the Site and you must take all necessary steps to ensure
that they are kept confidential, secure, used properly and not disclosed
to unauthorised people.
- You
must immediately inform us if there is any reason to believe that your user name and password has or is likely to become
known to someone, not authorised to use it, or is being or is likely to
be used in an unauthorised way.
- If you
forget or lose a password or user name you must
contact us and may be asked to satisfy such security checks as we
operate.
- We
reserve the right to suspend user name and
password access to the Site and the Services immediately if we consider
that there is or is likely to be a breach of security.
- We
reserve the right (at our sole discretion) to require you to change any
or all of the passwords used by you in
connection with the site.
- You
must immediately inform us of any changes to the information you supplied
when registering for the Site.
- We
reserve the right to suspend user name and
password access to the Site and the Services immediately, if we consider
that there has been any mis-use of the site.
- We
reserve the right to verify the details of any member of the Site, and ask them to satisfy such security checks as
we operate.
- We
reserve the right to review any and all
communications made via the Site for security purposes.
- Community
Facilities
You agree to use the personal web pages, bulletin boards, chat rooms, or
other message or communication facilities (collectively 'Community
Facilities') contained on the Site only to send and receive messages and
material which are proper and related to the particular
Community Facility and agree to use the Site and any Community
Facility contained on it in accordance with all relevant laws and not for
any illegal purpose. You agree that when using a Community Facility or any
other part of the Site, you will not do any of the following:
- Violate
or infringe the rights of any person, firm or company (including, but not
limited to, rights of intellectual property, rights of confidentiality or
rights of privacy).
- Upload
or transmit any material which is defamatory, offensive, racially
abusive, sexually explicit or of an obscene or menacing character, or
which may cause annoyance, inconvenience or needless anxiety.
- Upload
or transmit any computer viruses, macro viruses, trojan horses, worms,
corrupted files, or any other similar software or programmes which may
damage the operation of another's computer.
- Use
any Community Facility or other part of the Site in a way which may cause
the same to be interrupted, damaged, rendered less efficient or impaired.
- Attempt
any unauthorised access to any part or component of a Community Facility
or any other part of the Site.
- Advertise
or offer to sell any goods or services or conduct or forward surveys,
contests, or chain letters.
- Download
any file posted by another user of a Community Facility which you know,
or reasonably should know, cannot be legally distributed in such manner.
- You
accept responsibility for any content or material which you upload to or
transmit through a Community Facility. You acknowledge that all Community
Facilities are public and not private communications. Further, you
acknowledge that personal web page entries, chats, postings, conferences,
and other communications by other users are not endorsed by us, and such
communications shall not be considered reviewed, screened, or approved by
us. We reserve the unilateral right for any reason to remove without
notice any contents of the Community Facilities received from users,
including without limitation bulletin board postings (although, for the
avoidance of doubt, any contents which we do not remove are not endorsed
by us), and to deny at our sole discretion any user access to this Site
or any portion thereof without notice. You agree that in
the event that you have any right, claim or action against any
user arising out of that user's use of any Community Facility or any
other part of the Site, then you will pursue such right, claim or action
independently of and without recourse to us. Fictitious names of
companies, products, people, characters, and/or data mentioned on the Site
from time to time are not intended to represent any real individual,
company, product, or event and you agree not to imply any such
representation by us. If you have a complaint about the use by any other
user of any Community Facility, please email us at customercare@qabiltu.com.
- The
following non-exhaustive list sets out your specific obligations:-
- You
will not impersonate any person or entity.
- You
will not “stalk” or otherwise harass any person.
- You
will not express or imply that any statements you make are endorsed by
us.
- You
will not use any robot, spider, site search/retrieval application, or
any other manual device or process to retrieve, index, “data mine”, or,
in any way reproduce or circumvent navigational structure or
presentation of the Service or its contents.
- You will
not post, distribute or reproduce, in any way, any copyrighted material,
transmit any proprietary information without obtaining the prior consent
of the owner of such rights.
- You
will not remove any copyright, trademark or other proprietary rights notices
of this Service.
- You
will n