Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our mobile application and website.

1.2 By using our mobile application and website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our mobile application and website.

1.3 If you register with our mobile application and website, submit any material to our mobile application or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our mobile application and website; by using our services you are agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) 2022 (s) of first publication MuslimMatcher LTD

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our mobile application and website and the material on our mobile application, website; and

(b) all the copyright and other intellectual property rights in our mobile application and website and the material on our website are reserved.

3. Permission to use our website and mobile application

3.1 You may:

(a) view pages from our mobile application and website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our mobile application and website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website and mobile application; subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our mobile application and website or save any such material to your computer.

3.3 You may only use our mobile application and website for your own personal use of finding a match, you must not use our mobile application and website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our mobile application and website, other than your profile and account data.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our mobile application and website (including republication on another mobile application and website);

(b) sell, rent or sub-license material from our mobile application and website;

(c) show any material from our mobile application and website in public other than personal use;

(d) exploit material from our mobile application and website for a commercial purpose;

(e) redistribute material from our mobile application and website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our mobile application and website, to areas of our mobile application, website and/or to functionality. We may, for example, suspend access to the mobile application and website during server maintenance or when we update our services. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the mobile application and website.

4. Misuse of mobile application and website

4.1 You must not:

(a) use our mobile application and website in any way or take any action that causes, or may cause, damage to the mobile application, website or impairment of the performance, availability, accessibility, integrity or security our services;

(b) use our mobile application and website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our mobile application and website;

(d) probe, scan or test the vulnerability of our mobile application and website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our mobile application and website;

(f) use our mobile application and website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our mobile application and website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our mobile application and website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our mobile application and website without our express written consent;

(j) access or otherwise interact with our mobile application and website using any robot, spider, crawler or other automated means, except for the purpose of search engine indexing;

(k) use our mobile application and website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our mobile application snd website;

(m) use data collected from our mobile application and website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(n) do anything that interferes with the normal use of our mobile application and website.

4.2 You must ensure that all the information you supply to us through our mobile application and website is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 To be eligible for an account on our mobile application and website under this Section 5, you must be resident in the country you have registered in. Our mobile application and website operate globally so please ensure you follow your local government rules and regulations as applicable.

5.2 You may register for an account with our mobile application and website by completing and submitting the account registration form on our mobile application and website, and clicking on the verification link in the email and through the OTP one time code via SMS.

5.3 You must not allow any other person to use your account to access the mobile application website.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account

5.5 You must not use any other person's account to access the mobile application and website, unless you have that person's express permission to do so.

6. User login details

6.1 If you register for an account with our mobile application and website, we will provide you with a user ID and an OTP one time password code to log in.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password or OTP code including your mobile phone number.

6.5 You are responsible for any activity on our mobile application and website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

(a) edit your account details;

(b) temporarily suspend your account;

(c) cancel your account, at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.

7.2 You may cancel your account on our mobile application and request to cancel on our website account under the settings. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

8. Dating services

8.1 It’s free to become a subscriber to our mobile application and website services, you will have in-app purchases and some subscription fees associated with our services. We will send you an acknowledgement of your order and order confirmation, at which point the contract between us for the supply of the services shall come into force.

8.2 You will have the opportunity to identify and correct input errors prior to making your order to our services.

8.3 Registered users with appropriate subscriptions will be able to access dating-related services on our website and mobile application, which may include:

(a) the publication of a personal profile;

(b) access to our searchable database of other users' personal profiles;

(c) live chat with other users;

(d) private messaging of other users;

(e) our automated matching service.

8.4 We may from time to time vary the benefits associated with a subscription as per our business needs. However prior notice will be given, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

8.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our mobile application or website before the date of renewal.

8.6 Save where expressly requested or permitted by us to do so, you must not add any information to our mobile application and website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

8.7 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the mobile application and website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 16.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

9. Personal profiles

9.1 All information that you supply as part of a personal profile on the mobile application and website must be true, accurate, current, complete and non-misleading.

9.2 You must keep your personal profile on our mobile application and website up to date.

9.3 Personal profile information must also comply with the provisions of Section 4 and Section 13.

10. Fees

10.1 The fees in respect of our mobile application and website services will be as set out on the website or mobile application from time to time.

10.2 All amounts stated in or in relation to these terms and conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

10.3 You must pay to us the fees in respect of our mobile application and website services in advance, in cleared funds, in accordance with any instructions on our mobile application and website.

10.4 We may vary fees from time to time by posting new fees on our mobile application and website, but this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of GBP 25.00 including VAT;

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11. Distance contracts: cancellation right

11.1 This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2 You may withdraw an offer to enter into a contract with us through our website or mobile application, at any time within the period:

(a) beginning upon the submission of your offer;

(b) ending at the end of 24 hours after the day on which the contract is entered into, subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.

11.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a) if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you via contact us section. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 24 hours after the day on which we are informed of the cancellation. If this period exceeds we will not provide a refund, as services has been provided.

12. Our rights to use your content

12.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website and mobile application.

12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

12.3 You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.

12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6 You may edit your content to the extent permitted using the editing functionality made available on our mobile application and website.

12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. Rules about your content

13.1 You warrant and represent that your content will comply with these terms and conditions.

13.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q). be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

(r) cause annoyance, inconvenience or needless anxiety to any person.

13.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

13.5 You must not use our mobile application and website to link to any website or web page consisting of or containing material that would, were it posted on our mobile application and website, breach the provisions of these terms and conditions.

13.6 You must not submit to our mobile application and website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

14. Report abuse

14.1 If you learn of any unlawful material or activity on our mobile application and website, or any material or activity that breaches these terms and conditions, please let us know.

14.2 You can let us know about any such material or activity by email or using our abuse reporting form on the mobile application that can be found on every user profile and block section under settings.

15. Limited warranties

15.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website and mobile application;

(b) that the material on the website is up to date;

(c) that the website and mobile application will operate without fault;

(d) that the website or mobile application any service on will remain available.

15.2 We reserve the right to discontinue or alter any or all of our mobile application and website services, and to stop publishing our website/mobile application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any mobile/website services, or if we stop publishing.

15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website/mobile application.

16. Limitations and exclusions of liability

16.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law;

(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a) are subject to Section 16.1;

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

16.3 To the extent that our mobile application/ website and the information and services provided free of charge, we will not be liable for any loss or damage of any nature.

16.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply.

16.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply.

16.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the mobile application/website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) £1 Million;

(b) the total amount paid and payable to us under the contract.

17. Indemnity

17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our mobile application/website or any breach by you of any provision of these terms and conditions.

18. Breaches of these terms and conditions

18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our mobile application/website;

(c) permanently prohibit you from accessing our mobile application / website;

(d) block computers using your IP address from accessing our mobile application/website;

(e) contact any or all of your internet service providers and request that they block your access to our mobile application/website;

(f) commence legal action against you, whether for breach of contract or otherwise;

(g) suspend or delete your account on our mobile application/ website.

18.2 Where we suspend or prohibit or block your access to our mobile application / website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account.

19. Third party websites

19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trade marks

20.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2 The third party registered and unregistered trade marks or service marks on our mobile application/website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1 We may revise these terms and conditions from time to time.

21.2 The revised terms and conditions shall apply to the use of our mobile application/website from the date of publication of the revised terms and conditions on the mobile application/website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

21.3 If you are a consumer and you have purchased any of our services and there subsists a contract under these terms and conditions in respect of those services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/ or our internal business processes. We will give you at least 30 days' prior written notice of any revision.

22. Assignment

22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third party rights

24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. Entire agreement

25.1 Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our mobile application/website and shall supersede all previous agreements between you and us in relation to your use of our website.

26. Law and jurisdiction

26.1 These terms and conditions shall be governed by and construed in accordance with English law.

26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.

27. Statutory and regulatory disclosures

27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2 These terms and conditions are available in the English language only.

27.3 We are registered in MuslimMatcher LTD, International House, 64 Nile Street, London, N1 7SR; you can find the online version of the register at www.muslimmatcher.com and our registration number is 14110116

28. Our details

28.1 This mobile application/website is owned and operated by MuslimMatcher LTD.

28.2 We are registered in England and Wales under registration number 14110116 , and our registered office is at International House, 64 Nile Street, London, N1 7SR

28.3 Our principal place of business is at International House, 64 Nile Street, London, N1 7SR.

28.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our mobile application/website contact form;

(c) by telephone, on the contact number provided by customer support.

(d) by email, using the email address published on our mobile application/ website.