Terms & Conditions of Service
The following agreement (“this Agreement”) describes the terms and conditions on which Al-Furqan Islamic Heritage Foundation offers you access and use of material found on this website (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement (“Terms & Conditions of Service”).
By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the Terms and Conditions of Service”. Al-Furqan Islamic Heritage Foundation only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.
If you do not agree to the Terms and Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. Al-Furqan Islamic Heritage Foundation may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on http://alfurqan.com/. No variation or counter offer of this Agreement will be accepted by Al-Furqan Islamic Heritage Foundation.
1. The Service
1.1 Al-Furqan Foundation was established initially with the aim to document and preserve the Islamic written heritage, principally through its work in surveying, imaging, and cataloguing, editing, studying and publishing Islamic manuscripts. But, with time, its scope of activity has expanded, and it has become an umbrella Foundation, consisting of three centres:
- The Manuscripts Centre that deals with studying the Islamic written heritage.
- The Maqasid Centre that focuses on the study of maqasid (the philosophy of the Islamic law).
- The Makkah and Madinah Centre that compiles the Encyclopaedia of the two holy cities (Makkah and Madinah), acknowledging their scientific and cultural role throughout the history.
1.2 You acknowledge that Al-Furqan Islamic Heritage Foundation is a service provider that may allow people to interact online regarding topics and content chosen by users of the Service, and that users can alter the Service environment on a real time basis.
1.3 You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programmes, animations, text and other creative output (“Content”); and (2) Content may be provided by Al-Furqan Islamic Heritage Foundation or by others such as the users of the Service (“Content Providers”).
1.4 You acknowledge that Al-Furqan Islamic Heritage Foundation and other Content Providers have rights in their respective Content under copyright and other applicable laws including the Database Right, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Al-Furqan Islamic Heritage Foundation. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.
2. Licences and IPR
2.1 Subject to the terms of this Agreement, Al-Furqan Islamic Heritage Foundation hereby grants you a non-exclusive, royalty free and irrevocable licence to access and use the Service and use the content in the Service in accordance with the Terms and Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service.
2.2 Content owned or licensed to Al-Furqan Islamic Heritage Foundation as part of the Service can be accessed by any user of the Service in order to search, retrieve, view, display and use the Content under the terms of a Creative Commons Attribution Non Commercial Share Alike Licence [CC BY NC SA] licence (http://creativecommons.org/licenses/by-nc-sa/3.0/), unless otherwise stated.
2.3 Users of the Service can create Content in the Service in various forms. Al-Furqan Islamic Heritage Foundation acknowledges and agrees that, subject to the Terms and Conditions of Service, you will retain any and all applicable copyright and any other intellectual property rights with respect to any Content you create using the Service, to the extent that you have such rights under applicable law.
2.4 Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Service, you automatically grant (and you represent and warrant that you have the right to grant) to Al-Furqan Islamic Heritage Foundation: a non-exclusive, royalty free,world-wide,perpetual licence to use, reproduce, adapt and communicate your Content and a right to sub-license such use under these terms.
2.5 You warrant to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.
2.6 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Al-Furqan Islamic Heritage Foundation stores on Al-Furqan Islamic Heritage Foundation servers submitted by others. Your intellectual property rights do not confer ownership of others' data stored by or on behalf of Al-Furqan Islamic Heritage Foundation.
3. Community Guidelines and Policies
3.1 You agree to read and comply with the Community Guidelines and Policies as posted on our website.
3.2 In addition to abiding at all times to the Community Guidelines and Policies, you agree that you shall not: (a) take any action of upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (b) impersonate any person or entity without their consent, including but not limited to a Al-Furqan Islamic Heritage Foundation employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) upload, e-mail or otherwise transmit Content that violates any United Kingdom law or regulation; (d) upload, e-mail or otherwise transmit Content determined by Al-Furqan Islamic Heritage Foundation in its reasonable opinion to be libelous. You agree that Al-Furqan Islamic Heritage Foundation may take whatever steps it deems necessary to abridge, or delete material on the Service in its sole discretion, without notice to you.
4. Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
4.1 As a condition of access to the Service, you release Al-Furqan Islamic Heritage Foundation from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that Al-Furqan Islamic Heritage Foundation will have the rights but not the obligation to resolve disputes between users relating to the Service.
4.2 Any Content, or other data residing on Al-Furqan Islamic Heritage Foundation’s servers or the Service may be deleted, altered, moved or transferred at any time for any reason at Al-Furqan Islamic Heritage Foundation sole discretion without notice and without liability to you or any third party.
4.3 Al-Furqan Islamic Heritage Foundation provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. Al-Furqan Islamic Heritage Foundation hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, Al-Furqan Islamic Heritage Foundation accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.
4.4 To the extent permitted by law, in no circumstances will Al-Furqan Islamic Heritage Foundation be liable to you or you liable to Al-Furqan Islamic Heritage Foundation for any loss resulting from a cause over which Al-Furqan Islamic Heritage Foundation or you do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.
4.5 In no event shall Al-Furqan Islamic Heritage Foundation be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content. In addition, in no event will Al-Furqan Islamic Heritage Foundation’s cumulative liability to you for direct damages of any kind.
4.6 You agree to defend, indemnify and hold harmless Al-Furqan Islamic Heritage Foundation and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Al-Furqan Islamic Heritage Foundation from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.
5.1 You acknowledge and agree that Al-Furqan Islamic Heritage Foundation, in its sole discretion, may track record, observe or follow any and all of your interactions within the Service. Al-Furqan Islamic Heritage Foundation agrees that when exercising these rights, it shall abide by the GDPR at all times.
5.2 Collection of Personal Information
As a visitor to the Site, you can engage in many activities without providing any Personal Information.
However, when you register to use our website and order products in order to provide the services to you, we may collect the following Personal Information from you:
· Contact information such as your name, phone and fax numbers, address and email address; and
· Profile data, including your username and password, details about your purchases.
5.3 How your Personal Information is used
· Send you order
· Respond to customer service requests, questions and concerns.
· Administer your account.
· Send you requested product information.
· Keep you informed about special offers
· Meet our research and product/service development needs and to improve our Site, services and offerings; and
· Customize your experience, including targeting our services and offerings to you.
5.4 Social Media Widgets
6. Governing Law and Dispute Resolution
6.1 This Agreement and the relationship between you and Al-Furqan Islamic Heritage Foundation shall be governed by and construed in accordance with English law. You and Al-Furqan Islamic Heritage Foundation agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.
6.2 You and Al-Furqan Islamic Heritage Foundation agree to use best efforts to resolve disputes in an informal manner. Where you and Al-Furqan Islamic Heritage Foundation agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and Al-Furqan Islamic Heritage Foundation will agree upon the nature of the expert required and together appoint a suitable expert by agreement.
6.3 Any person to whom a reference is made under Clause 6.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.
6.4 You and Al-Furqan Islamic Heritage Foundation shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.
6.5 The costs of the expert shall be borne by you and Al-Furqan Islamic Heritage Foundation in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and Al-Furqan Islamic Heritage Foundation in equal proportions.
7. General Provisions
7.1 This Agreement constitute the entire understanding and agreement between you and Al-Furqan Islamic Heritage Foundation with respect of the subject matter hereof.
7.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
7.3 The rights granted to you or Al-Furqan Islamic Heritage Foundation arising under this Agreement shall not be waived except in writing. Any waiver of any of your or Al-Furqan Islamic Heritage Foundation’s rights under this Agreement or of any breach of this Agreement by you or Al-Furqan Islamic Heritage Foundation shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or Al-Furqan Islamic Heritage Foundation to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
7.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.
7.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
7.6 All or any of Al-Furqan Islamic Heritage Foundation’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Al-Furqan Islamic Heritage Foundation’s assets.