Last Updated: 29 October 2023
Hello and thank you for using MuslimConnect! We provide a service for registered users to create interest groups, communicate online, arrange offline activities, meet up for events and connect in the real world with other group members.
Agreement
This Terms of Service (“Terms”) is a legally binding contract that details and protects your rights and our rights, that applies to all visitors, users, organisations and any person (“you”, “your”) using our website, application and services (“Service”). This Terms is between you and MuslimConnect (“we”, “us”, “our”) and not between you and another user. Unless specified, “organisers” collectively refer to the group admin and moderators. If you are using the Service for an organisation, you agree to this Terms on behalf of that organisation, and represent your authority to bind that organisation to this Terms.
Please read this carefully before using the Service and contact us if you have any questions, comments or feedback. By accessing or using the Service you agree to accept and be bound by this Terms and by our Privacy Policy. If you do not or are unable to agree, do not use our Service.
We reserve the right to modify these Terms at any time. We will provide notice to you by publishing the most current version and revising the date at the top of this page. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect by announcing changes at our site or email. What constitutes a material change will be determined at our sole discretion. You are free to decide to accept and agree to be bound by the revised Terms or to stop using the Service.
1. Account registration
1.1. To become a registered user, you must open an account by providing us with some basic information, including an email address and a password. You may not register or create fake and misleading accounts in order to impersonate others or engage in spamming, abusive, or disruptive behaviour, including attempts to manipulate others.
1.2. You must be at least 18 years of age to use the Service. If you are 13 or older, you may only use the Service under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
1.3. You are responsible for maintaining the accuracy, completeness and confidentiality of your account information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your account information, which is inadvisable. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account information secure. If you discover any unauthorized access or use of your account, you should immediately change your password and notify us. You will need to access your account through a web browser. MuslimConnect has no responsibility for the availability of the Internet and other telecommunication services necessary to access our Service.
1.4. In the best interest of our Service and MuslimConnect community, we reserve the right to refuse, suspend or terminate service to anyone if the Terms and policies are not adhered to. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. We may also remove accounts that has been inactive for an extended period of time.
2. Group membership
2.1. Group admin may set the status of their group or event as public or private, and as males only or females only. Private groups and events will require you to request membership of the group before being able to access the group or event information. Acceptance of that request is at the sole discretion of the group admin and moderators.
2.2. The offline, real world nature of group meet-ups and events is something out of our control and we are not responsible or a party to it. We do not conduct or require background checks on members, and do not attempt to verify the truth or accuracy of statements made by them. Different characters and personalities may lead to unexpected situations, so you should use common sense, good judgment and be considerate and fair when interacting with other members, both on our Service and at events. If you can’t find the right group for you, you can simply start your own MuslimConnect group. We make no representations or warranties concerning the conduct or Content of any members or their interactions with you. If you have a concern regarding other members, you can report it to support@muslimconnect.io.
3. Fees, Payments, and Offers
3.1. User Fees. Registration for the Service is free. Organisers may ask for a donation or charge member dues. Organisers may also charge fees for an event to cover the cost of running that event or the group. It is the organisers’ decision to charge fees and the amount of those fees. MuslimConnect does not collect any member dues, donations or event fees. Organisers may have their own refund policies. Please exercise sound judgment and common sense and check the organiser’s refund policy when deciding to make a payment to them. MuslimConnect cannot ensure that organisers will use payments as they promised or as you expected.
3.2. Group Admin Fees. Group admin must pay to create a group and must pay their subscription fee on time, only through our approved payment methods. Group subscriptions are non-transferable. If not paid on time, or within the given grace period, that group created with their with their account will be closed unless transferred to another group member. If we terminate, suspend, or remove your account due to violation of this Terms, we are not obligated to refund any group subscription fees paid to MuslimConnect.
You represent and warrant that you are authorized to use your designated payment method through the Service. You authorize us and our designated third-party payment processors to charge your payment method for the total amount of any fees you owe to MuslimConnect, including any applicable taxes and other charges. If the payment method cannot be verified, or is invalid, your payment may be suspended or cancelled. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received. We also may issue refunds, or instruct our payment processors to issue refunds.
3.3. Automatic Subscription Renewals. Subscription fees are billed on a recurring basis. We will automatically bill you for each renewal period until cancellation. By purchasing any priced feature of our Service, you authorize us to keep your payment current by charging the applicable fee to your designated payment method. You may cancel your subscription at any time, but you won’t be refunded except in our sole discretion.
3.4. Free Trials. From time to time, we may offer free trials of subscriptions. We will specify which subscription plan, the length of the free trial, your renewal period, and the date and amount of your first payment. After the free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel your subscription at any time according to the terms and procedures mentioned above.
3.5. Third Parties Transactions. MuslimConnect will not be liable, responsible or involved in any transactions, discounts, offers or payment services between you and third parties. Organisers may accept payments from members through a third party provider, and must comply with said provider’s own terms and conditions. Our Terms do not govern such transactions.
3.6. We may change the current pricing plan or introduce a new fee for features of our Service. If we do, we will notify you in advance by posting changes on our Service or sending a site-wide notice or an email. By continuing using our Service, you agree to pay those fees and any associated taxes. All fees and transactions are in Australian dollars.
4. Your Content
4.1. We respect your right over any information, material, comments, feedback (“Content”) submitted to our Service. All Content posted, communicated or otherwise made available by you to the Service must comply with these Terms and is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not MuslimConnect, are entirely responsible for that Content.
4.2. You agree that your Content does not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary right, and that it is your responsibility to seek permission from the rightful owner of that Content. We may, at our discretion, remove or disable access to material for users that infringes on the intellectual property rights of others.
4.3. You agree that your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. We generally don’t review content before it’s posted. If you see inappropriate Content that violates our Terms, please report it to us. We reserve the right, but have no obligation to, investigate, monitor, edit or remove objectionable Content that we become aware of, or that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise inappropriate or violates any party’s intellectual property or these Terms.
4.4 For the purpose of improving, promoting, and operating our Service and to ensure we do not violate your rights to your Content, you grant MuslimConnect a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, host, store, copy, reproduce, adapt, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights with respect to your Content. This license continues even if you delete your account, for us to operate the Service.
5. Using the Service
5.1. You agree that your use of the Service must comply with all applicable laws, rules and regulations that apply in your jurisdiction, and to not violate or infringe the rights of any third party. If you fail to comply with this Terms, we may suspend or terminate your account, at our sole discretion.
5.2. MuslimConnect is not the creator, organiser or owner of the events listed on the Service. Our Service provides groups a platform to promote their events. Organisers agree that they are solely responsible for ensuring that the event page and the event itself meet all applicable laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.
5.3. You agree that you will not misuse the Service, engage in any activity or introduce any technologically harmful or malicious material; that interferes with or disrupts the Service or any hardware, servers and networks used in connection with the Service. You also agree to not attempt to gain unauthorized access or circumvent any security features to any part of the Service, including any hardware, servers or database.
5.4. We are always striving to improve our Service and may make adjustments to parts of the Service for the user’s benefit. This means that we may modify or discontinue portions or all of our Service with or without notice and without liability to you or any third party.
5.5. The Service may contain links to third party web sites or services that are not owned or controlled by us. We assume no responsibility for the content, products, availability or practices of any third party web sites or services. Your use of any third party sites will be governed by their own terms and policies. You acknowledge and agree that MuslimConnect 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
6. Release and Indemnification
6.1 Release. You agree to release MuslimConnect from all claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future, arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a group or event listed on the Service. You also agree to release organisers from all claims, demands, and damages based on an organiser’s negligence arising out of or in any way connected with their Content, MuslimConnect group or event. In addition, you waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under the laws of Victoria or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
6.2 Indemnity. You agree to indemnify us and hold us harmless from and against any and all claims, liabilities or expenses arising from or in any way related to (a) your use of our Service; (b) your Content; (c) your participation or conduct in a MuslimConnect group or event; (d) your violations of this Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
7. Disclaimer of Warranties
You expressly understand and agree that the use of our Service is at your sole risk. Our Service is provided on an as-is-and-as-available basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. We make no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of our Service shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of our Service or the download of any such material. No advice, information, goods, services and results, whether written or oral, obtained through or advertised on our Service or by us shall create any warranty not expressly stated in this Terms. We also disclaim any warranties regarding any information or advice received through any links to other websites or resources provided through our Service, and dealings with or as the result of the presence of marketing partners or other third parties on or located through our Service.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
8. Limitation of Liability
You agree that we shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits or information, business interruption, technology failure, or other loss arising out of or caused by your use of or inability to use the Service, even if we have been advised of the possibility of such damage. We shall also not be liable for any statements, transactions or conduct of any member or third party on the Service or at events, transportation to or from events, event attendance, participation in or exclusion from groups or events, or any other matter relating to the Service. In no event shall MuslimConnect’s entire liability to you or any third parties in respect of any service, whether direct or indirect, exceed $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.
9. Dispute Resolution
You and MuslimConnect agree to try to resolve any disputes, complaints, claims or controversies (“Claims”) arising out of or relating to your use of our Service or this Terms, including your participation in events, in the first instance, through good faith discussions. You may initiate this process by contacting us at support@muslimconnect.io describing the dispute and your proposed resolution. If we cannot resolve the issue within 30 business days of receipt of the initial notice, you or MuslimConnect may bring a claim in accordance with these Terms.
9.1. Agreement to Arbitrate. By using this Service, you agree and acknowledge that any and all Claims between you and MuslimConnect, regarding or relating to the Service or these Terms shall exclusively be settled through binding and confidential arbitration. You hereby waive any right to bring your Claims in court and elect arbitration as your sole remedial course of action. All decisions reached by an arbitrator are legally binding. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and MuslimConnect are each expressly waiving any right to trial by judge or jury in a court of law. This Terms to arbitrate shall apply regardless of whether the Claims arises during or after any termination of this Terms or your relationship with MuslimConnect. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
9.2. Arbitration Procedures. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. The arbitration company shall be chosen by MuslimConnect. The parties shall confer to pick an individual arbitrator.
9.3. Opt Out. You have the right to opt out and not be bound by the arbitration by emailing us at support@muslimconnect.io within 30 days of the date you first agree to this Terms. Your email must include your full name, residential address, the email address registered to your MuslimConnect account, with the subject line, “ARBITRATION OPT-OUT. Note that if you opt out of these arbitration provisions, MuslimConnect also will not be bound by them.
9.4. Class Action Waiver. You agree to resolve Claims with MuslimConnect on an individual basis, and not as a plaintiff or a class member in any purported class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
10. Intellectual Property
You agree that all MuslimConnect material may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Our Service, and material included in or made available through the Service is the intellectual property of MuslimConnect and is protected by copyright laws. You agree not to use our intellectual property in any way whatsoever without our prior written consent, except for the purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. You agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Service, including any data, or Content of others. Any rights not expressly granted herein are reserved.
10.1 Trademarks. MuslimConnect trademarks, service marks, the MuslimConnect logo and other product and service names (the “MuslimConnect Trademarks”), used and displayed in connection with the Service are trademarks of MuslimConnect. Without our prior written consent, you agree not to display or use them in any manner. MuslimConnect Trademarks may not be used in connection with any product or service that is not MuslimConnect’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits MuslimConnect. All other trademarks not owned by MuslimConnect that are used in connection with the Service are the property of their respective owners.
You agree not to use other trademarks, service marks, designs, or logos, including domain names or social media handles, which might be confusingly similar to the MuslimConnect Trademarks. You agree not to use the MuslimConnect Trademarks in a way that may suggests incorrectly an affiliation, sponsor or endorsement by MuslimConnect.
MuslimConnect allows the fair use of the MuslimConnect word marks to refer to our Service. MuslimConnect organisers and members may use a MuslimConnect logo in connection with an event or group, only if that event or group was exclusively created on MuslimConnect. The logo cannot be altered and can only be used with the group name included.
MuslimConnect reserves the right to withdraw permission to use the MuslimConnect Trademarks and will remain the exclusive owner of all rights, title and interest in the MuslimConnect Trademarks.
11. General
11.1. Notices. Except as otherwise stated in this Terms or as expressly required by law, any notice to us shall be given by email to support@muslimconnect.io. Any notice to you shall be given to the most current email address in your account.
11.2. Entire Agreement. This Terms constitute the entire agreement between you and MuslimConnect and govern your use of the Services, superseding any prior agreements or communications between you and MuslimConnect on the subject matter.
11.3. Governing Law. This Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria and you and MuslimConnect agree to venue and personal jurisdiction in those courts.
11.4 Miscellaneous Provisions. A party’s failure or delay to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches. No oral waiver, amendment or modification of these Terms will be effective. No agency, partnership, joint venture or other such relationships between you and MuslimConnect is intended or created by this Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
11.5 Severance. If any provision of this Terms that is found to be void or unenforceable by a court of competent jurisdiction, you and MuslimConnect nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that it will not affect the enforceability or validity of any other provisions of this Terms.
11.6 Termination. If we terminate your account or access to our Service, this Terms terminates with respect to the member account that has been terminated. However, any provisions of these Terms that by their nature should survive termination will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, and intellectual property protections and licences).
11.7 Violations. Please report any violations of this Terms by a user or third party by sending an email to support@muslimconnect.io.
