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Welcome
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Terms
& Conditions
Welcome
to the IDARA ISLAMIC STORE'S
terms and conditions, which apply to your
use of the IDARA ISLAMIC STORE Website. By
accessing this Website, you agree to be
bound by them.
DEFINITIONS
"Conditions" means these terms and
conditions: "Personal Information"
means any personal details provided by you
via the Website; "User(s)" means
(a) user(s) of the Website either
collectively or individually, as the context
requires; "We/us/our" means IDARA
ISLAMIC STORE, "Website" means the
website located at
http://www.idara.com/store or any subsequent
URL which may replace it; and
"You/your" means you as a user of
the Website.
1 ACCESS
We will provide you with access to the
Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any
part of) for any illegal purpose and agree
to use it in accordance with all relevant
laws;
2.1.2 agree not to upload or transmit
through the Website any computer viruses,
macro viruses, trojan horses, worms or
anything else designed to interfere with,
interrupt or disrupt the normal operating
procedures of a computer;
2.1.3 will not upload or transmit through
the Website any material which is
defamatory, offensive, or of an obscene or
menacing character, or that may cause
annoyance, inconvenience or needless
anxiety;
2.1.4 will not use the Website in a way that
may cause the Website to be interrupted,
damaged, rendered less efficient or such
that the effectiveness or functionality of
the Website is in any way impaired;
2.1.5 will not use the Website in any manner
which violates or infringes the rights of
any person, firm or company (including, but
not limited to, rights of intellectual
property, rights of confidentiality or
rights of privacy);
2.1.6 agree that in the event that you have
any right, claim or action against any Users
arising out of that User's use of the
Website, then you will pursue such right,
claim or action independently of and without
recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for
(and fully indemnify us against) all claims,
liability, damages, losses, costs and
expenses, including legal fees, suffered by
us and arising out of any breach of the
Conditions by you or any other liabilities
arising out of your use of the Website, or
the use by any other person accessing the
Website using your PC or internet access
account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or
permanently, the Website (or any part of)
with or without notice to you and you
confirm that we shall not be liable to you
or any third party for any modification to
or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to
time, and your continued use of the Website
(or any part of) following such change shall
be deemed to be your acceptance of such
change. It is your responsibility to check
regularly to determine whether the
Conditions have been changed. If you do not
agree to any change to the Conditions then
you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to
maintain the Website. The Website is subject
to change from time to time. You will not be
eligible for any compensation because you
cannot use any part of the Website or
because of a failure, suspension or
withdrawal of all or part of the Website due
to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to
our Users, we may provide links to other
websites or resources. You acknowledge and
agree that we are not responsible for the
availability of such external sites or
resources, and do not endorse and are not
responsible or liable, directly or
indirectly, for the privacy practices or the
content (including misrepresentative or
defamatory content) of such websites,
including (without limitation) any
advertising, products or other materials or
services on or available from such websites
or resources, nor for any damage, loss or
offence caused or alleged to be caused by,
or in connection with, the use of or
reliance on any such content, goods or
services available on such external sites or
resources.
6 MONITORING
We have the right, but not the obligation,
to monitor any activity and content
associated with the Website. We may
investigate any reported violation of these
Conditions or complaints and take any action
that we deem appropriate (which may include,
but is not limited to, issuing warnings,
suspending, terminating or attaching
conditions to your access and/or removing
any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and
undertake to comply with applicable India
Data Protection legislation from time to
time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or
any regulatory or government authority
investigating suspected illegal activities,
or upon receipt of a court order, to provide
your Personal Information and/or information
concerning your activities whilst using the
Website we shall do so; and
7.3 We reserve the right in our reasonable
discretion to disclose details of your use
of the Website in relation to any, or any
threatened, Court Proceedings in connection
with your use, or the use of anyone under
your control, of the Website whether in
connection with the matters set out in these
Conditions or otherwise.
7.4 Please view our Privacy Policy, which
forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO
USE
8.1 You acknowledge and agree that all
copyright, trademarks and all other
intellectual property rights in all material
or content supplied as part of the Website
shall remain at all times vested in us or
our licensors. You are permitted to use this
material only as expressly authorised by us.
8.2 The Website is Copyright, IDARA ISLAMIC
STORE, 1997-2007. All rights reserved.
9. NOTICES
9.1 You may send us notices under or in
connection with these Conditions:
9.1.1 by post to 168/2 JHA HOUSE HAZRAT
NIZAMUDDIN NEW DELHI-110013 (INDIA) ;
9.1.2 by email to sales@idara.com
9.2 As proof of sending does not guarantee
our receipt of your notice, you must ensure
that you have received an acknowledgement
from us, which will be sent within 3 working
days of our receipt and should be retained
by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS
TO VERIFY THE ACCURACY OF ANY INFORMATION WE
PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN RELATION TO
ITS ACCURACY.
10.2 The Website is provided on an "as
is" and "as available" basis
without any representation or endorsement.
Unless specified in separate terms and
conditions related to a particular product
or service, we make no warranties of any
kind, whether express or implied, in
relation to the Website, or products or
services offered on the Website whether by
us or on our behalf (including free software
downloads) including but not limited to,
implied warranties of satisfactory quality,
fitness for a particular purpose,
non-infringement, compatibility, security,
accuracy, condition or completeness, or any
implied warranty arising from course of
dealing or usage or trade.
10.3 Unless specified in separate terms and
conditions related to a particular product
or service, we make no warranty that the
Website or products or services offered on
the Website whether by us or on our behalf
(including free software downloads) will
meet your requirements or will be
uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the
Website or the server that makes it
available or products or services offered on
the Website whether by us or on our behalf
(including free software downloads) are free
of viruses or bugs or are fully functional,
accurate, or reliable. We will not be
responsible or liable to you for any loss of
content or material as a result of uploading
to or downloading from the Website.
10.4 Notwithstanding any other provision in
the Conditions, nothing shall limit your
rights as a consumer under India law.
10.5 You acknowledge that we cannot
guarantee and therefore shall not be in any
way responsible for the security or privacy
of the Website and any information provided
to or taken from the Website by you.
10.6 We will not be liable in contract, tort
or otherwise if you incur loss or damage
connecting to the Website through a third
party's hyper-text link.
10.7 We will not be liable, in contract,
tort (including, without limitation,
negligence), pre-contract or other
representations (other than fraudulent
misrepresentations) or otherwise out of or
in connection with the Website or products
or services offered on the Website whether
by us or on our behalf (including free
software downloads) for:
10.7.1 any economic losses (including
without limitation loss of revenues,
profits, contracts, business or anticipated
savings); or
10.7.2 any loss of goodwill or reputation;
or
10.7.3 any special or indirect or
consequential losses; in any case whether or
not such losses were within the
contemplation of either of us at the date on
which the event giving rise to the loss
occurred.
10.8 Nothing in the Conditions shall exclude
or limit our liability for death or personal
injury resulting from our negligence or that
of our servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be
deemed unlawful, void or for any reason
unenforceable, then that provision shall be
deemed to be severable from these Conditions
and shall not effect the validity and
enforceability of any of the remaining
provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us
of any preceding or succeeding breach of any
provision.
13 SURVIVAL
Each provision of these Conditions shall be
construed as separately applying and
surviving even if for any reason one or
other of those provisions is held to be
inapplicable or unenforceable in any
circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to
time) contain the entire agreement between
you and us relating to the subject matter
covered and supersede any previous
agreements, arrangements, undertakings or
proposals, written or oral, between you and
us in relation to such matters. No oral
explanation or oral information given by
either of us shall alter the interpretation
of these Conditions. You confirm that, in
agreeing to accept these Conditions, you
have not relied on any representation save
insofar as the same has expressly been made
a representation in these Conditions and you
agree that you shall have no remedy in
respect of any misrepresentation which has
not become a term of these Conditions save
that your agreement contained in this Clause
shall not apply in respect of any fraudulent
misrepresentation whether or not such has
become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed
by and construed in accordance with the laws
of India whose Courts will have exclusive
jurisdiction in any dispute, save that we
have the right, at our sole discretion, to
commence and pursue proceedings in
alternative jurisdictions.
16 USE
RESTRICTIONS
The copyright in all material
provided on this Site is held by idara or by
the original creator of the material. Except
as stated herein, none of the material may
be copied, reproduced, distributed,
republished, downloaded, displayed, posted
or transmitted in any form or by any means,
including, but not limited to, electronic,
mechanical, photocopying, recording, or
otherwise, without the prior written
permission of Astrolabe or the copyright
owner. You also may not, without Astrolabe's
permission, "mirror" any material
contained on this Site on any other server.
Any unauthorized use of any material
contained on this Site may violate copyright
laws, trademark laws, the laws of privacy
and publicity, and communications
regulations and statutes.
17 OUR TRANSMISSIONS
Any material, information or idea you
transmit to or post on this Site by any
means will be treated as non-confidential
and non-proprietary, and may be disseminated
or used by idara or its affiliates for any
purpose whatsoever, including, but not
limited to, developing, manufacturing and
marketing products. Notwithstanding the
foregoing, all personal data provided to
idara will be handled in accordance with
idara's Privacy Policy. You are prohibited
from posting or transmitting to or from this
Site any unlawful, threatening, libelous,
defamatory, obscene, scandalous,
inflammatory, pornographic, or profane
material, or any other material that could
give rise to any civil or criminal liability
under the law.
18 TERM OF USE REVISIONS
idara may at any time revise these Terms of
Use by updating this posting. By using this
Site, you agree to be bound by any such
revisions and should therefore periodically
visit this page to determine the then
current Terms of Use to which you are bound
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