Terms and Conditions
Terms and Conditions of Service
 
1.
Introduction and Acceptance of Terms and Conditions
1.1
This is a legal agreement ("Agreement") between you and Muslim Sphere Limited (brand name SimplyShia.com) (the "Provider") which may be contacted at PO BOX 438, Ruislip, HA4 4GN. By accessing the Simply Shia website currently at www.SimplyShia.com (the "Site") and/or using any of the Services (as defined below) accessible through the Site, you become a Member and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services.
1.2
The use of the Site is conditional upon your acceptance of these terms and conditions. You will be deemed to have accepted these terms and conditions by using this website, regardless of whether or not you register as a Member.
1.3
If you do not agree to be bound by this Agreement, do not use the Site or the Services.
 
2.
Definitions
2.1
The following definitions will apply for the purposes of these Terms and Conditions:
"Code of Conduct"
the guidelines as stated on the Site governing how Members should interact with each other
"Member"
validly registered user of the Services, whether paid or unpaid.
"Member Content"
information published by Members on the Services, or sent by Members to other Members through the Services, including profiles, personal ads, messages, photographs , video profiles, icebreaker answers, offline matchmaker
"Services"
the group of services we make available, the purpose of which is to facilitate online meeting of individuals for personal, leisure and non-business purposes which is accessible via the Site whether with or without payment.
"Site"
our website www.SimplyShia.com or such other website as we may use to provide the Services from time to time.
3.
Registration and Use of Services
3.1
You must be at least 18 years old to become a Member and use the Services. By using the Services, you represent and warrant that you are at least 18 years old. This Agreement and your use of the Services will be invalid if you do not comply with these age requirements.
3.2
By requesting to use, registering to use or using the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Services.
3.3
 By requesting to use, registering to use or using the Services, you represent and warrant that you are a Muslim of the Shia (shi'ite) denomination.
3.4
Your account is for your personal use only. You may not authorise others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
3.5
We reserve the right in our discretion to refuse any application to become a Member. You shall not become a Member until you receive e-mail notification from the Provider.
4.
Member Safety and Security
4.1
The Provider is not responsible to verify the identity of the Members of the Services.
4.2
You should not assume that any Member Content is accurate and be aware that a person may not be who he or she claims to be.
4.3
The Provider is not liable for false or misleading statements by Members as these are matters outside of our reasonable control. You must take appropriate steps to investigate Member Content if you intend to act on it.
4.4
When arranging to meet another Member through the use of the Services, you must take appropriate precautions.
4.5
The Provider cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.
4.6
You must take reasonable care to protect and keep confidential your password and other account or identity information.
4.7
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password.
5.
Member Obligations
5.1
When using the Services you agree you will not:
5.1.1
breach any applicable law, regulation or code of conduct;
5.1.2
publish or send any Member Content or communications to use which are false or misleading, sexually explicit, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage any of the foregoing;
5.1.3
reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal/e-mail address or contact number(s);
5.1.4
disclose or make accessible to any third party any username(s), password(s) or similar information allocated to Members or use them for any purpose other than authentication for the Services;
5.1.5
provide e-mail addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;
5.1.6
publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;
5.1.7
use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
5.1.8
use the Services for junk mail, spam or fraudulent schemes;
5.1.9
do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;
5.1.10
attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or
5.1.11
use the Services other than for the purposes set out and that any breach of the foregoing constitutes a serious breach of this Agreement.
5.2
You agree to abide by the Code of Conduct which may be updated from time to time
5.3
You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services.
6.
Member Content
6.1
It is your responsibility to decide which information to publish or send via Member Content. We cannot be held liable for any misuse thereof by any other Member or third party.
6.2
We are not responsible for Member Content or other activities of Members which may breach the rights of other users or third parties.
6.3
You will promptly report to the Provider any violation of the Agreement by others including, but not limited to, other Members of which you become aware, and any known or suspected unauthorised access to your account.
6.4
The Provider reserves the right, but has no obligation, to monitor the material you submit to the Services or post in the public areas of the Services. The Provider will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of the Agreement, or upon the request of any third party.
7.
Privacy
7.1
As a Member you acknowledge to be bound by the terms of the privacy policy of the Site
8.
Invalidity
8.1
If any clause of this Agreement shall be held to be invalid, illegal or otherwise unenforceable the remainder of this Agreement shall not be affected and shall remain in full force and effect.
9.
Variation
9.1
This Agreement is subject to change by the Provider in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after revisions to this Agreement will constitute your acceptance of such revisions and agreement to be bound by the Agreement as amended.
10.
Complaints
10.1
To make a complaint regarding the Site or the Services, you should contact us via e-mail to info@SimplyShia.com
11.
No Guarantee
11.1
The Provider does not provide any guarantee or warranty as to the suitability of other Members on the Site, or their desirability to contact you through the Site. The Provider makes no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals.
12.
Offline Matchmaker and Third Party Provided Services
12.1
The Provider does not warrant or accept any responsibility for services provided via third parties such as the Offline Matchmaker service. The Provider is not responsible for any fees they may charge and have not vetted the providers of this service.
13.
Availability
13.1
To properly use the Services, you must have the necessary hardware, software and settings. You will also need reliable internet access. We cannot and do not accept any responsibility for your hardware or software or for your third party costs of accessing the Services.
13.2
We will do our best to maintain the operation of our Services and to rectify faults if they occur but we cannot guarantee that the Services will be uninterrupted or error free or will achieve particular results nor do we guarantee integrity or security of data.
13.3
We may have to suspend the Services for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place when our Services are least likely to be used and that the suspension is for the shortest period possible.
13.4
We may make changes to the Services provided that these do not have a significant effect on their quality.
14.
Intellectual Property
14.1
The Site, its design, layout, look, appearance and graphics and any necessary software used in connection with the Services and the Site is the exclusive property of the Provider.
14.2
You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any of the Provider's or a third party's proprietary information available via the Services or the Site.
14.3
By posting information or content to any profile pages or public area of the Services you automatically grant, and you represent and warrant that you have the right to grant to the Provider and its users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publicly display and distribute such information and content, and to grant and authorise sub-licences of the foregoing. You further waive any moral rights you may have in any such information or content.
15.
Data Protection
15.1
From time to time, we will provide other companies your details so that you may receive other offers and information that may be of interest to you. If you would rather your details are not passed on then please confirm this in writing to us.
16.
Term and Termination
16.1
This Agreement will remain in full force and effect while you are a Member of the Service or while you otherwise use the Site.
16.2
You may cancel your registration or subscription to the Services at any time during the term of such registration or subscription or any renewal period. Your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund.
16.3
We may in our absolute discretion, terminate or suspend your access to all or part of the Services and the Site at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others including a Breach of the Code of Conduct as determined by us.
16.4
We may immediately terminate your membership and your access to the Services and the Site at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will not be refunded to you after deducting any costs incurred or loss suffered by the Provider in connection with your membership.
16.5
We may deactivate your account if you have not used the Services for a consecutive 6 month period unless you have an active paid subscription.
16.6
It is your responsibility to cancel any recurring payments. If you terminate an ongoing subscription we require 30 days notice
17.
Rights of Third Parties
17.1
This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.
18.
Indemnification
18.1
To the maximum amount permitted by the applicable law, you agree to indemnify, defend and hold harmless the Provider, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising directly or indirectly from:
18.1.1
Your use or inability to use the Site or the Services;
18.1.2
Any user postings made by you;
18.1.3
Your violation of any terms of this Agreement or your violation of any rights of a third party; or
18.1.4
Your violation of any applicable laws, rules or regulations.
18.2
The Provider reserves the right at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Provider in asserting any available defenses.
19.
Disclosure by Law
19.1
You acknowledge and agree that the Provider may disclose information you provide if required or permitted to do so by law, at the request of a third party or if we in our sole discretion, believe that disclosure is reasonable.
20.
Law and Jurisdiction
20.1
This Agreement is governed by English law and any disputes will be decided only by the courts of the United Kingdom.
Revision Date 15 July 2010