Please read these Terms and Conditions carefully
These Terms and Conditions (Terms) constitute a legally binding agreement made between IPTEQ SA, having its statutory seat at Avenue du Casino 52, c/o Multifiducaire Léman SA, Montreux, Switzerland (us) and the individual user (User or you) of our mobile application Belal Prayer App (Application). You agree that, before accessing, downloading, or using the Application, you have read, understood, and agreed to be bound by these Terms.
If you disagree with any part of the Terms then you do not have permission to access the Application and are expressly prohibited from using the Application in any manner and should refrain from using it altogether.
The Application can be used only on hardware that is compatible with the Application. The following Terms apply when you use the Application obtained from either the Apple App Store or Google Play or any other site making the Application available with our consent (App Distributor).
The license granted to you for the installation and use of the Application is a personal, revocable, non-exclusive, non-transferable, non-commercial license to use the Application on a device that utilizes the Apple iOS and Android operations systems, as applicable, and in accordance with the rules set forth in the applicable App Distributor’s terms of service.
The App Distributors are third-party beneficiaries of the terms and conditions in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the provisions contained in these Terms against you as a third-party beneficiary thereof.
- Intellectual Property
Unless otherwise indicated, we hold all rights in the Application, including but not limited to all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics forming part or essential for the functioning of the Application. The software, graphical user interfaces, trademarks and logos contained therein are protected by copyright, trademark laws, unfair competition/passing off laws and various other intellectual property and similar laws of Switzerland, other countries, and international conventions, and the rights therein are held by us or licensed to us.
You may not distribute, modify, transmit, reuse, re-download, repost, copy, publicly display, distribute, sell or use the Application, whether in whole or in part, whether for commercial purposes or for no gain, without the express advance written permission from us.
We reserve all rights not expressly granted to you in and to the Application.
- Content and Contributions
Our Application allows us to post, link, store, distribute, create, publish and otherwise make available certain information, text, graphics, audio, photographs, video or other material (collectively Content). We also hold all rights in the Content insofar as it is not in the public domain.
Our Application may also allow you to post, link, store, share, create, submit, publish and otherwise make available certain information, text, graphics, audio, photographs, video or other material (Contributions). You are responsible for the Contributions that you create or make on, or through our Application, including its legality, reliability and appropriateness.
By creating or making any Contribution on or through the Application, you represent and warrant that:
(i) you are the owner of the Contribution and/or you have the necessary rights to use it and grant us the rights and license as provided in these Terms.
(ii) the making and creating of your Contribution on or through the Application does not infringe the privacy rights, publicity rights, proprietary rights, including but not limited to copyright, patents, trademarks, right to one’s own likeness, trade secret or any other right of any third party.
(iii) your Contribution does not violate any applicable law, regulation, guideline or any other applicable rule;
(iv) your Contribution does not violate, or link to material that violates any of the preceding provisions or any other provision of these Terms.
We reserve the right to terminate or suspend the right to use the Application if you are found to be infringing on any third party rights or any of the forgoing provisions. Alternatively or additionally, any use of the Application in violation of the foregoing furthermore may result in the removal of your Contributions.
You are solely responsible for protecting your rights in any of your Contributions. Your Contributions may be re-posted, re-tweeted or similar through any third party social media insofar as you have permitted the linkage between the Application installed on your device and such third party social media and have permitted such re-posing, re-tweeting or similar by the settings and restrictions you have applied.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions and to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We take no responsibility or liability for Contributions you create, make, submit, post or display on or through the Application. You herby agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contribution.
We have the right, but not the obligation to monitor, edit or remove Contributions provided by Users in order to ensure compliance with these Terms.
- Third Party Websites and Third Party Content
Our Application may contain links to websites operated by third parties (Third Party Websites) and other content or items belonging to or originating from third parties (Third Party Content). Such Third Party Websites or Third Party Content is not owned, monitored or controlled by us.
We are not responsible for any Third Party Website or Third Party Content accessed through the Application and do not warrant the offerings of any of these entities/individuals or their websites. We take no responsibility whatsoever to any purchase you make through Third Party Websites, which are exclusively between you and the respective third party.
We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Content, or any goods or services available on or through any such Third Party Websites. Additionally you shall hold us harmless form any harm caused to us or any other Users by your purchase of such products or services.
We strongly advise you to read the terms and conditions and privacy policies of any Third Party Websites or Third Party Content that you access.
- Personal Data
By subscribing for, downloading, installing and using the Application, you agree and acknowledge that we collect and process some personal data through the Application at the occasion or as a condition for its downloading, installation and use.
The Application is not to be used by persons who are minors in the jurisdiction in which they reside (generally, under the age of 18) except under supervision of an adult in charge. If you are a minor, please refrain from downloading and installing the Application except under supervision of an adult in charge.
If you are an adult using the Application and want to make the functionalities of the Application accessible to minors, you do so under your own responsibility and have to do so in compliance with the limitations set by your relationship with and responsibility for the minor (as parent, guardian, teacher or otherwise).
- Registration of User Account
When you create an account with the Application, you guarantee that you are not a Minor (see Section: 6), and that the information you provide us is accurate, complete, and up to date at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service.
You can delete your user account through your account settings. Please note that your data cannot be recovered after the deletion of your user account is executed. You agree not to hold us liable for any loss or damage of data resulting from the deletion of your account.
You shall notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to change, modify, or remove content of the Application at any time and at our sole discretion with or without notice. We have no obligation to update any information on the Application. If you disagree with any change, modification, or removal of content of and from the Application, your only remedy is the right to discontinue the use of and de-install the Application.
We will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Application.
- Term and Termination
We may terminate or suspend your account and bar access to the Application with prior notice, or with immediate effect without prior notice, in our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms by you or by somebody whose acts you are responsible for, without limitation or liability.
If you wish to terminate your account, you may simply discontinue using the Application, deinstall the Application or close/delete your account (see Section 7).
All provisions of the Terms which by their nature are intended to survive termination shall survive a termination, including, without limitation, ownership provisions, warranty disclaimers, responsibilities of the User and limitations of our liability.
- Limitation of Liability
To the extent permissible by any applicable law, neither we, nor our directors, employees, partners, agents, suppliers or affiliates, shall be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, lost revenue, loss of data, goodwill, or other intangible losses, resulting from i) your access to or use of or inability to access or use the Application; ii) any conduct or content of any third party on the Application; iii) any modification; iv) any content obtained from the Application or v) unauthorized access, use or alteration of your Contributions, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed or advised of the possibility of such damage, and even if a remedy set forth herein for recovering such damage is found to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless including our licensee and licensors, and their employees, contractors, agents, officers, directors and affiliates, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Application, by you or any person using your account and password; (ii) a breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to Intellectual Property Rights and privacy/personality rights; (iv) Contributions made and made accessible through this Application or; (v) any overt harmful act toward any other User of the Application with whom you connected via the Application.
Notwithstandig the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification, upon becoming aware of it, unless we deem it inappropriate to do so for any reason.
You agree that your installation and use of the Application is at your sole risk. We disclaim all warranties, express or implied, in connection with the Application and your installation and use thereof, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, non-infringement or uninterrupted performance.
We make no warranties or representations about the accuracy or completeness of the Application’s content and will assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content and materials; (ii) any unauthorized access to or use of our secure server; (iii) any interruption or cessation of transmission to or from the application; (iv) any bugs, viruses or other harmful components or (v) if the use of the Application will meet your requirements.
We do not warrant, endorse, guaranty or assume responsibility for any product or service of a Third Party Website or Content offered through the Application and we will not be a party to or in any way be responsible for monitoring any transactions between you and any Third Party Website Provider.
If any provision of these Terms is held to be unenforceable or illegal for any reason by a court of competent jurisdiction, the parties will replace the invalid provision with a valid provision which takes into consideration the economic purpose of the invalid provision. The remaining provision of these Terms shall not be affected.
- Governing Law and Jurisdiction
These Terms shall be subject to Swiss law as the law chosen by the parties insofar as applicable mandatory law allows for a choice of the applicable law.
The place of jurisdiction shall be exclusively Geneva (GE), Switzerland, whereby the place of jurisdiction at the domicile of a consumer stipulated by mandatory law remains reserved.
- Changes of the Terms
We reserve the right in our sole discretion to modify or replace these Terms at any time and for any reason. We will provide at least 30 days notice prior to any new term taking effect, except if preponderant reasons require its becoming effective earlier.
If you disagree with any material modification or replacement of these Terms, your only remedy is the right to discontinue the use of and de-install the Application. By continuing to access or use our Application after any modification or replacement of these Terms becomes effective, you agree to be bound by the Terms in their modified or replaced version.
Our failure to exercise or enforce any right or provision of these Terms and of any Policies shall not be considered a waiver of those rights.
These Terms are dated as of 2022