IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM.
EIBADAH TERMS OF SERVICE
Thank you for selecting the Services offered by eIbadah.com and/or its subsidiaries and affiliates (referred to as "eIbadah", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and eIbadah. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the eIbadah online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
eIbadah's Privacy Statement provided to you in the Services available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc. You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
You can form a binding contract with eIbadah; You are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by eIbadah. eIbadah reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations, data limits, and otherwise comply with this Agreement, eIbadah grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party. Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services. Decompile, disassemble, or reverse engineer the Services. Make the Services available on any file-sharing or application hosting service.
2.3. This Services are not intended for use by the United States federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (collectively "Federal Users"). A license for use by Federal Users is not granted and any such usage is prohibited. In the event any Federal User should purport to acquire a license to the Software, such license is hereby nullified and declared void and no contract between eIbadah and a Federal User shall result from such purported acquisition. eIbadah reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from eIbadah or from any third party) at any time, including but not limited to, after such Software has been provided to the Federal User at issue, and (ii) to restrict such Federal User's access or use of the Services.
3. PAYMENT AND TAXES. For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless eIbadah or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in U.S. dollars/Malaysian Ringgit or other currencies which may be made available (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. You must pay with one of the following: A valid credit card acceptable to eIbadah; A valid debit card acceptable to eIbadah; Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or By another payment option eIbadah provides to you in writing. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. eIbadah will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription are cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Mobile access to the Services requires an active subscription, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with the Services. eIbadah is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by eIbadah at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
EIBADAH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION. You can view eIbadah's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable eIbadah Privacy Statement, and any changes published by eIbadah. You agree that eIbadah may use and maintain your data according to the eIbadah Privacy Statement, as part of the Services. You give eIbadah permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other eIbadah services. For example, this means that eIbadah may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. eIbadah is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
5.1. MALAYSIA'S PERSONAL DATA PROTECTION ACT 2010. For the purposes of the Personal Data Protection Act ("PDPA"), eIbadah shall be considered a Business and/or Third Party, as applicable. Where eIbadah acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to eIbadah is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable eIbadah to (i) share any and all Personal Information you provided with any eIbadah company, including eIbadah Inc. and any parent, subsidiary, affiliate, or related company of Digicto Network Solution (collectively, the "DIGICTO"), and (ii) use any such Personal Information in connection with any and all DIGICTO internal operations and functions, including, but not limited to, improving such DIGICTO products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between eIbadah does not constitute a "sale" of such Personal Information under the PDPA. Capitalized terms in this paragraph have the meanings given those terms under the PDPA.
6. CONTENT AND USE OF THE SERVICES
6.1. Responsibility for Content and Use of the Services
Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant eIbadah a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. eIbadah is not responsible for any of your Content or data that you submit through the Services.
6.2. Restricted Use of the Services.
6.2.1. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual's privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual to the public; Except as permitted by eIbadah in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; Virus, Trojan horse, worm or other disruptive or harmful software or data; and Any information, software or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.
6.2.2. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of eIbadah or could subject eIbadah to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in eIbadah's opinion, is prohibited under this Agreement; (v) any other activity that places eIbadah in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an eIbadah system or network or to breach eIbadah's security or authentication measures, whether by passive or intrusive techniques. eIbadah reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by eIbadah.
You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store "critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.
6.3. Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. eIbadah does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which eIbadah is not responsible.
6.4. eIbadah may freely use feedback you provide. You agree that eIbadah may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant eIbadah a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to eIbadah in any way.
6.5. eIbadah may monitor your Content. eIbadah may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect eIbadah or its customers, or operate the Services properly. eIbadah, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1. eIbadah does not give professional advice. Unless specifically included with the Services, eIbadah is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2. We may tell you about other eIbadah services. You may be offered other services, products, or promotions by eIbadah ("Other Services"). Additional terms and conditions and fees may apply. With some Other Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant eIbadah permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services. You grant eIbadah permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant eIbadah permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3. Communications. eIbadah may be required by law to send Communications to you that may pertain to the Services or third party products and the use of information you may submit to us. Additionally, certain third party services you choose may require Communications with third parties who administer these programs. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as http://www.eibadah.com. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.
The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.
In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by selecting the "I Accept" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider. If you later decide that you do not want to receive future Communications electronically, please notify us at [email protected] If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services. You agree to notify us promptly of any change in your email address. You can do so by logging into the profile page.
7.4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact eIbadah if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIBADAH, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. EIBADAH AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2. EIBADAH, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY. THE ENTIRE LIABILITY OF EIBADAH, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, EIBADAH, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EIBADAH SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF EIBADAH AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EIBADAH, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold eIbadah and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). eIbadah reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by eIbadah in the defense of any Claims.
10. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
11. TERMINATION. eIbadah may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable eIbadah policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with eIbadah's interests or those of another user of the Services. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect eIbadah's rights to any payments due to it. eIbadah may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
14. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Malaysia law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND EIBADAH ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
15. GENERAL. This Agreement, including the Additional Terms below and all services agreements, attachments, exhibits, and scheduled annexed thereto, is the entire agreement between you and eIbadah regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of eIbadah software or purchase of eIbadah services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and eIbadah, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void.If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer ownership of this Agreement to anyone without written approval of eIbadah. However, eIbadah may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by eIbadah or (c) a successor by merger. Any assignment in violation of this Section shall be void. This agreement is NOT transferable.
____________________________________________________________________________________________________________________ B. ADDITIONAL TERMS AND CONDITIONS FOR EIBADAH WEBSYS APPLICATION
Your use of the following Services provided by eIbadah are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms "you" or "your" will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
1. SERVICES. Each of the following products and services are referred to in this Agreement as a "Service" and together as the "Services":
1.1. eIbadah WebSys. eIbadah WebSys ("EWS") is an online solution for personal to record ibadahh an online account (each a "EWS Account"). Each EWS Account may only be used to support one business.
2.1. Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same account ("Additional Users"). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as "you", "your", or "User", or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. You agree to these terms as an Administrator or an Additional User, as applicable. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
2.2. For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are eIbadah customers, but that you are responsible for your Additional Users' access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator's or any Additional User's access to the Services.
2.3. For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User's Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
3. EWS USAGE LIMITS
3.1. EWS Limits. EWS may limit usage for some features based upon the subscription you purchased.
3.2. Deactivation/ Cancellation When Exceeding Usage Limits. If at any time you exceed the usage limits for the subscription you purchased, we reserve the right to immediately deactivate or suspend your subscription and terminate access to the Services and to your data without notice. If your account is deactivated, you will not be charged further for your subscription, however, you will not be entitled to any proration of fees or refunds for unused subscriptions. We reserve the right to maintain your data in a read-only format for purposes of reviewing historical activity, which you may have access to view for up to 12-months after deactivation. This is subject to change without notice.
3.3. Downgrade. If you choose to downgrade to a EWS plan with a lower usage limit, you will not be able to complete the downgrade until your company file is under the new EWS plan's usage limits. For example, if you try to downgrade from EWS Advanced to EWS Essentials, and you are over your Chart of Accounts limit on EWS Essentials, you will need to remove some fields from your Chart of Accounts before you can complete the downgrade. When you remove or make fields inactive, EWS will maintain the inactive data in a read-only format for purposes of reviewing historical activity.
3.4. Reactivating Subscriptions. If you cancel your EWS subscription or are deactivated due to nonpayment or because you have exceeded the usage limits for the subscription, you may choose to reactivate your EWS subscription. If you choose to reactivate your EWS subscription you will be required to reduce the Chart of Accounts, Classes and Locations, and/or Billable Users to within the plan's usage limits in order to reactivate the EWS subscription. When you remove or make fields inactive, EWS will maintain the inactive data in a read-only format for purposes of reviewing historical activity.
4.1. Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.
4.2. Subscription Cancellation. The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that eIbadah is unable to charge a User's chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, eIbadah has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as eIbadah is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
5. TRIAL VERSIONS AND BETA FEATURES.
5.1. Trial Version. You may be offered a trial version of the Services provided by eIbadah and/or its affiliates or trial versions for products or services through independent parties. If you registered for a trial use of the Services or any third party trial services ("Trial Period"), you must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your content will no longer be available to you, and you will be solely responsible for compliance of your tax payment and filing obligations, as applicable to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the Services, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial and we will not be responsible for any tax payments and filing obligations.
5.2. Beta Features. From time to time, eIbadah may, at its sole discretion, include new or updated beta features in the Services ("Beta Features"). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
6.2. EWS Personal Data. You represent and warrant to eIbadah that:
You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement; If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the Data Subject notice or received permission from the Data Subject and have the appropriate legal basis, as required by applicable law, for us to: use, and/or disclose personal information in accordance with the TSheets Data Processing Agreement; move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to the this agreement or the addendum agreement, provide the Personal Information to Third Party Products that you approve; and otherwise use and disclose the Personal Information in accordance with this Agreement and the TSheets Data Processing Agreement.
6.3. Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data ("Account Content") with other Users, other eIbadah customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User's Account Content, you understand and agree that the Account Content is being provided by the User, and not eIbadah, for information and guidance purposes only, and eIbadah and such User are not responsible in any way for your use the Account Content.
6.4. Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that eIbadah may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve eIbadah sending text messages containing security codes to your telephone number. You agree to receive these texts from eIbadah containing security codes as part of the MFA process. In addition, you agree that eIbadah may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
7. OTHER PRODUCTS AND SERVICES.
7.1. Third Party Products. By using these Services, you agree that we may market to you or offer you access to products or services from third parties ("Third Party Products"). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. eIbadah is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not eIbadah, are solely responsible for their own actions or inactions. eIbadah is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of eIbadah or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
7.2. Data Transfer Service.
We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third Party Products or other online eIbadah services (the "Ancillary Services") that you sign up for or use in connection with the Services (the "Data Transfer Service"). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time ("Login Details"). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to eIbadah and you expressly appoint eIbadah as your, or the third party who owns the Login Details', agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant eIbadah the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.
You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of eIbadah or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.
7.3 General Agreement (2)
Platform Availability eIbadah uses third party hosting that strives to ensure maximum uptime. eIbadah reserves the right to interrupt access to eIbadah for the sake of performing maintenance, updates, and security requirements.
Closure of Service If eIbadah decided to close its services, eIbadah will issue 3 months notice to all customers about the closure. No refund shall be made after the closure.
Client Dispute In the event that a User's client contacts eIbadah with concerns of fraud or security concerns, eIbadah will provide the client with full User contact details and advise the client to file a dispute with their bank credit card company.
Being that eIbadah allows Users to utilize API's from their financial institutions to facilitate invoice payments online, eIbadah does not have access to financial information or specific transaction details.
Indemnity (i)You agree to protect, defend, indemnify and hold harmless eIbadah and its officers, employees, and third party service providers from and against all claims, demands, costs, expenses, losses, liabilities and damages of every kind (including reasonable attorneys' fees) imposed upon or incurred by eIbadah directly or indirectly arising from your use of and access to the eIbadah site & platform;
(ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
Limited Liability User Accounts and Clients agree to indemnify, defend, and hold eIbadah, its directors or employees harmless against any and all liability and cost as a result of using eIbadah. User Accounts and Clients shall not assert any claim or allegation of any nature whatsoever against eIbadah, its directors or employees.
eIbadah shall not be liable for damages of any kind, including but not limited to loss of site use, loss of profits or loss of data, tort or otherwise, arising out of or in any way connected with the use of or inability to use eIbadah.
You shall defend, indemnify and hold harmless eIbadah from any loss, damages, liabilities, expenses, claims and proceedings arising out of your use of eIbadah.
Al-Quran text, translations Al-Quran text images used in this application ware collected from the internet. eIbadah nor endorse or confirm the accuracy of the images text which may be tampered during data transmission and what so ever. User must refer to original printed and certified al-Quran copy before utilize any part of the text images to their work. The translation also gained from public domain project ie tanzil.info which maintains by other party. We could not endorse on accuracy of the translation and we strongly suggest user to engage with the certified copy of the translation book before utilizing in their work.
Hadith Text, Matan and Translations Hadith text provided in eIbadah were collected from open domain in the internet. eIbadah do not endorse nor confirm on accuracy of the text and user must refer to the original printed and authorized and certified copy of the hadith books before utilize any of the parts of the hadith into their work. The English translation of hadith was collected from the internet and eIbadah do not claim copyrights on the translation. All copyrights of the hadith english translation is owned by its original author and publication.
Solat Times Table Solat times table was provided by third party resources. We do not confirm nor endorse on accuracy of the times provided. Use the application as mean of references only.
Data Disposal eIbadah shall keep the data submitted by Client for three (3) months after the valid premium subscription expired. eIbadah presume all authorities and rights to reject account renewal if eIbadah comes to the closure or to shut down its service. eIbadah are not liable to provide the data before it ends the service.