Terms and Conditions

Introduction:

This page aims to define the user their terms of use on which they may make use of our website www.hibabox.com and its related software products and services whether as a guest or as a registered user. It is Hibabox mission to enable Masaajid and other Islamic centres to connect and perform fundraising activities in most efficient means as well as improving their management processes internally. To enable this we are offering our service available on SAAS (Software as a Service) basis. This will allow the users not just to establish streamlined coordination of activities between other community members but also enable them to build a network of trusted members and organisations whose ultimate aim is to benefit the Muslim community in different ways.

Based on the above, Hibabox has therefore agreed to provide and the Charity/Masaajid/Organisation/Individual has agreed to take and pay for its software products and services subject to the terms of this Agreement.

Information about you and your visits to our site:

By signing up with Hibabox user agreement (to include signing up through our website, or from our mobile application (if any) or any of our other Hibabox platform services, any free, standard or premium service or any other information provided by Hibabox, you are agreeing here to enter into a legal binding contract with Hibabox Solution Ltd, UK and will become a Hibabox user and you confirm that you accept these terms of use. Whether as a user, a general community member using our product or services or on behalf of a mosque or any other legal entity (collectively cited as a USER), this agreement won't be outlined as an individually binding agreement even the legal entity you are representing has a separate agreement with Hibabox. By using any features of our site or registering with any of our offered services or products, you hereby confirm that you accept these ''Terms of Service'' and that You, in addition to, agree that by clicking "join now" you are accepting our terms of use. If you disagree with any of these terms of use, you should not use our website or any of the services or product.

Changes to these Terms:

We may update these terms of use from time to time, with or without giving advance notice, by amending this page. Users are expected to visit this page periodically to update themselves of any revisions or updates that we have made, as they become bind on you soon as you register or sign in with Hibabox. Some of the provisions contained within these terms of may have been overruled by provisions or notices published on our site.

Periodic Changes to website:

We do update Hibabox website as and when needed and this may change the content of the site without notifying users. If the need arises, under no obligation, we may suspend access to our site, or close it for an infinite period. Also note that if any of the content on our website is out-dated at any given time, we are not obliged to update it. We cannot guarantee that our website or any content on it will be errors or any omissions free.

Warranty/ Licence permissions of “USER” Submission:

User may have provided own information to Hibabox under this user agreement and do have a right to request Hibabox to delete it at any time, unless the information or consent is also shared with other users and they have not deleted it or it was stored or copied by other users which are not deleted by them. By providing information to us, you (User) represent and warrant that users are entitled to submit the information which we can classify as accurate but not confidential, and is not in breach of any contractual restrictions or other third party rights. Hibabox user has a responsibility to ensure that its user profile information is accurate and updated whenever there are changes to it.

Eligibility of Service and prohibited use:

User is required to meet the following criteria to be eligible to use our service.

  • User must be above 18 years of age.
  • User must agree to bear all associated cost for usage of our service i.e. equipment/software/internet access etc.
  • Is not in competition with Hibabox or intending to have the service for creating a competition for Hibabox, by copying the software or the likes.
  • Has not previously violated Hibabox services terms & not been banned or restricted from using Hibabox service in the past and have not violated any rights including trademark and/or intellectual property rights of Hibabox
  • Must have permission and complete authority from his/her organisation to open a service account with Hibabox.
  • Is not in competition with Hibabox or intending to have the service for creating a competition for Hibabox, by copying the software or the likes.

To add further to the above a user also agrees:

  • To refrain from replicating or reselling any part of Hibabox site in contravention of the provisions of Hibabox terms of website usage.
  • To refrain from accessing, interfering, hacking or disrupting any part of Hibabox website, network or equipment on which site is stored. This also includes other software used with the provision to our website or any software, equipment or network that is used or owned by any related third party.
  • To refrain from using Hibabox service to sell personal goods, services, event tickets or accept payment for any purpose other than for raising donation, zakat, pledges or collection through charity events through their Hibabox account or unless Hibabox has permitted you to do so at its discretion.
Sign-In and Password:

User hereby agrees to keep login and password secure and confidential and will not permit any others to use their account in any way. The user should also refrain from charging anyone for access to any part of Hibabox products, or any material therein. They should further refrain from using other Users' accounts, and must not transfer Hibabox user account to another party. It will be regarded to be user responsibility for anything that happens through the user's account until the user closes down the account or unless user's account is compromised for which a proof of clarification will be required. In case a user needs to close the account permanently then the user should contact Hibabox.

Viruses:

Hibabox does not guarantee that our site will be secure or free from bugs or viruses. User is required to take relevant precautions to protect their own IT infrastructure via suitable anti-virus software. User must not misuse Hibabox site by knowingly introducing viruses, worms, Trojans, spyware adware, keystroke logger or any other material which is malicious or harmful. User must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. By breaching any of the above provisions, it would be considered to be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will cooperate with them by disclosing your identity when required. In the event of such breach, to protect our business interest, all active service or user rights will immediately terminate.

Third Party Sites and Developers:

Under no obligation, we may use third-parties advertising network to display advertisements on these websites and to advertise to certain Hibabox visitors while they are visiting other websites. These automatic collection technologies do not grant us the ability to evaluate how they collect information, therefore, it is a user responsibility to assess whether they want to have the access or use a third-party site or platform application, because a user may want to give the operator permission to use user information in a different way than Hibabox. These third parties may use cookies, web signals or other automatic acquiring technologies to gather information about you when you visit these websites, for purposes of ascertaining your preferences to provide interest-based advertising and other targeted content to you. Hibabox website may also include social media links, Facebook like button and Twitter widgets. These features may collect information about your protocol address and the page you are visiting on this website, and they may set a cookie to make sure the feature functions properly. Your interactions with these features are governed by the privacy policies of the companies that provide them.

All third parties software are provided by Licensor to a customer and are subjected to the terms and provisions of the applicable third-party license agreement. Furthermore, provision of maintenance and customer support of these third-party software’s are also administered by the licensor of these products and technologies to collect information about you when you visit these websites for purposes of determining your preferences to deliver interest-based advertising and other targeted content to you.

Hibabox does not have access to or control over the automatic collection technologies and it is a user responsibility to evaluate whether they want to have the access or use a third-party site or platform application, because a user may want to give the operator permission to use user information in a different way than Hibabox. All third party software’s are provided by Licensor to a Consumer and are subjected under the terms and conditions of the relevant third-party license agreement. Furthermore, support of these third-parties software is also provided by the licensor of those products.

Hibabox is not liable for the endorsement of any features, content, advertisement or products available to you from the third party sites, nor is obliged to screen, check, or endorse any platform applications. All third parties applications are on an "As-Is" basis without warranty. If a user allows a platform third party application to authenticate or to connect with Hibabox account, that application or website may access information about users and their connections.

Connections and Interactions with other Users:

User is wholly liable for their interactions with other Hibabox and community users. We have the right to restrict the number of connections that a user may have with the others and in certain circumstances, can restrict a user from contacting other users through restricting the usage of the Services or otherwise curbing your use of the Services. We have the right to remove any content or posting you make on our site if, in our view, your post does not comply with our terms outlined in our acceptable use policy. Hibabox has the right but is under no obligation, to intervene in dispute resolutions between you and the other users and to regulate, suspend, or terminate your or another user account if we believe, to our sole discretion, that necessary action is required to enforce these Terms.

Communication and Sharing between Users :

Hibabox offers different forums such as Masjid programs, fundraising, web portals and event portals etc. for a user where user can post user views and comments on designated topics. Hibabox also enables sharing of knowledge by allowing users to post updates, including links to articles and other noticeboard tasks such as job opportunities, product testimonials, and other content to their profile and other parts of the site, such as Hibabox individual masjid web page. If a user has any information that user wants to keep it classified or don't want others users to use, or such is subject to third party rights that may be infringed by user sharing it, a user should avoid from post anything to the Hibabox web portal.

Although masjid's members, whether paid or unpaid, as well as general Muslim community member, can create Hibabox account for free or connect with masjid or charity organisations, Hibabox have right to close the account of any individual member and remove his/her uploaded content from any Hibabox web portals if the content infringes Hibabox privacy policy, this contract or any others' intellectual property rights.

Hibabox hereby indemnifies itself for the user abuse or misappropriation of the contents or any other information, or user posting to any of Hibabox community forum for example blog, group or bulletin board (if any).

Limitation of Liability and Indemnity:

This agreement excludes and limits both parties’ liability for:

  • Any kind of death or personal injury caused by its negligence
  • Any breach of terms applied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
  • Any fraud or any other liability which cannot be excluded or limited under applicable law.

The user also indemnifies us and will hold us harmless for all damages and service provider (us) will not be liable to any individual or a Charity for:

  • If there is an expected loss of profit/savings/revenue or goodwill. This includes any indirect or consequential loss or damage occurs.
  • If there are any subsequent changes or issues with any third party products that may result in issues with the Software and/or services and may require maintenance to resolve any problems that may arise. The entire range of third party product offered or will be supplied will be under the relevant third party’s standard terms.
  • If there is any third party related claims and investigations created by (a) user failure to comply with this agreement, including user uploading of content which violates third party rights or their applicable laws or (b) any content that user submits to Hibabox services or even any activity in which user will engage on Hibabox services platform.
  • If there is any damage to software or loss of data.
  • • And if there is any damage, loss to goodwill or even a business opportunity lost due to the unavailability of Hibabox services.

Hibabox provides its software and the services to the Charity organisation on an “as is” basis without making any warranties or conditions or representations of any kind. Hibabox acclaims no guarantee that its services and/or Software or any content, including add-on packages or third party products:

  • will be available all the time and/or uninterrupted.
  • Will be free from any errors or omissions.
  • If there is any third party related claims and investigations created by (a) user failure to comply with this agreement, including user uploading of content which violates third party rights or their applicable laws or (b) any content that user submits to Hibabox services or even any activity in which user will engage on Hibabox services platform.
  • will be secure or be free from bugs or viruses. Also, you are responsible for configuring your own IT infrastructure or set-up, computer programmes and platform to access Hibabox site. You should use anti-virus protection software if required.

The maximum liability pay-out for compensation is limited to no more than one month of free subscription of Hibabox service which will be solely on Hibabox discretion. This will be based on the number of claims in any calendar year arising out of in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise.

No Acts Contrary To Law:

Nothing inside this Agreement will be interpreted to require the commission of any act opposed to law, and every time there are any changes among any provision of this Agreement and any statute or law or ordinance, regulation or contrary to which the subject parties have no legal authority to an agreement, then the latter will prevail. However, in such an event, the provisions of this Agreement so affected will be applicable and will be limited to the extent required to bring it within the lawful requirements.

Payments fees and refunds:

In the event when a user purchases a service from Hibabox for a fee or either on a one-time or subscription basis (collectively known as "Premium Services"), a "user" will agree to Hibabox for storing user's payment card information to collect these fees. The user also agrees to pay these fees in advance either monthly or annually (as per subscription) or on 30 days rolling basis, with auto-renewal. The user will also be liable to reimburse of legal costs for the recovery of any outstanding amount owed by the user. It is the user duty to pay their fees continues through until the end of their subscription period, by which user subscription will legally end. To keep the services smooth and uninterrupted, we recommend the user to opt-in for a reoccurrence or a standing order payment when register for Hibabox service. In the occasion where a minimum contract is specified, a cancellation can only occur once the agreed contract period has ended. In the case of fees due or advance payment, there shall be no refund. Please also see our . The user also acknowledges that Hibabox premium services are subject to this agreement and any additional terms related to the provision of the premium service. Hibabox only acts as a platform provider to the mosques and do not act as a payment gateway provider. If you make a donation through Hibabox that was processed by the mosque, in case of any refund, donor may request it directly by contacting the Mosque you made the donation to who will be able to process your refund from their end.

Unauthorised Card Usage:

When you make a donation using Hibabox kiosk, the transaction is deemed final and complete and user or donor cannot question or dispute it except when you can prove that card was used unauthorised. We advise that soon as you become aware that your payment card has been misused, or if it is lost or stolen, you must report to your card provider immediately and as per their defined rules to dispute the unauthorised transaction.When you make a donation using Hibabox kiosk, the transaction is deemed final and complete and user or donor cannot question or dispute it except when you can prove that card was used unauthorised. We advise that soon as you become aware that your payment card has been misused, or if it is lost or stolen, you must report to your card provider immediately and as per their defined rules to dispute the unauthorised transaction.

Application Usage:

Hibabox provides its service through applications build on its Hibabox's platform. Hibabox applications for e.g. include program management, event management, fundraising management and others. If the user uses a Hibabox application or interacts with a website that has deployed a plugin, the user agrees that user information may be communicated to us including but not limited to a user device, mobile or internet access provider, physical location, and/or web pages containing Hibabox plugins that load in user browser.

Furthermore when a user imports or downloads any of Hibabox user data through its application, the user represent that the user has an authority to share the transferred data with user’s mobile carrier or other service providers. In the event user change or deactivate user mobile account, a user must, without any lengthy delay, should update Hibabox account information to ensure that user messages are not sent to any other organisation or person that acquires user old number and failure to do so will be deemed as user responsibility and no liability will apply to Hibabox for such act.

User acknowledges user is responsible for all charges and necessary permissions related to accessing Hibabox through user mobile access provider. Therefore, a user should check with user provider to find out if the Services are available and the terms for these services for user-specific mobile devices. And finally, by using any downloadable application to enable user use of the Services, user are solemnly confirming user acceptance of the terms of the End User License Agreement (EULA)associated with the application provided via download or installation, or as may be updated periodically.

Acceptable Use Policy and Changes:

We reserve right, to adjust or amend these terms at any time at our discretion. If a revision is about an important change then we will seek to provide not less than 30 days’ notice before these new terms take effect. What establishes a material change will be decided at Hibabox discretion.

By continuing to access and using our Service after those revisions become effective, you herewith agree to be bound by the revised terms. If you disagree with the new terms for any reasons, please terminate using Hibabox Services.

Service Messages and notifications:

Hibabox may place banner or message card to notify of a service update or change to the user, we may place a notice banner on user pages to alert the user regarding certain changes i.e. change of T&C of this agreement or the like. Alternatively, a notice can also be received to a user via their online Hibabox account (if such service is available) or via email address from user account registration details. The user agrees that Hibabox may communicate with User through Hibabox user account or other means to include telephone and/or by post about any account-related issue or notifications regarding customer account or any services associated with Hibabox. User acknowledges and agrees that service provider shall accept no liability with or arising from user failing to maintain accurate information, including, but not limited to their failure to receive critical information about the service.

Availability of our Service:

For as long as Hibabox continues to offer the services, Hibabox will remain to seek to renew, enhance and extend its services. As a sequence of such, Hibabox will allow you to access its services as it may exist, and be available on any given day and have no other obligations, except as expressly proclaimed in this agreement. We may do revisions, replace, refuse access to, suspend or even terminate the services, partially or wholly, or change and adjust prices for all or part of the Services in our discretion. All of these changes will be in effect as promptly as Hibabox notifies to by posting on our site, via notice banner appearing on your user account or by direct communication to you. Special offer and discount code on offer are subject to the following terms:

  • All offers and discounts will be made at Hibabox discretion and can be withdrawn at any time without further liability or obligation to the user or the charity organisation.
  • Offers and discounted rates cannot be applied retrospectively to a previous order. It is not possible to cancel an order (or any part of an order) and then rebook the services under that order at the reduced rate.

Hibabox has no obligation to store, maintain or provide the user with a copy of any content that user or other users provide when using Hibabox services. Hibabox reserves the right to remove, discard or withhold any content available on its platform, website or services as part of a user account, with or without notice if it is deemed to be contrary to this agreement.

Governing Law:

These Terms will be ruled by the laws of the United Kingdom, without giving effect to any conflict of law. Should we be unable to implement any provision of these terms, this will not be judged as a waiver of such rights and shall still be effective. If any part of these terms is held to disagree or not accepted by a court, the remaining provisions of these Terms will still be deemed intact. These terms comprise the whole agreement between us concerning our service and will succeed to replace any previous contracts we might have between us regarding these Service.

Privacy:

Hibabox shall comply with its privacy policy which can be found at https://hibabox.com/privacy-policy and we may update our privacy policy when required and will aim to be in line with best practice and legal requirements. User should carefully read our privacy policy before choosing to become a User. By consenting to these terms you also authenticate your approval of Hibabox to use and handle your personal information as per according to its privacy policy. The user also validates that their submission of any information or data, or any sort of contents upload (Photos etc.) will be treated by us as voluntary. When submitting information, a user might be directed to confirm their gender, nationality or age, ethnic origin or other personal information to allow a user to enrol for Hibabox services. By no means are these intended for any gender or ethnic discrimination.

Confidentiality:

Each party undertakes that it will strictly refrain from disclosing any confidential information to any person in connection with the know-how of the business, business affairs, customers, suppliers or clients of the other party. Both parties undertake to take at least those measures that it takes to shield its own most highly confidential information and also shall ensure that its employees with such classified information access of the other party have signed a non-use and non-disclosure contract in content same as to the provisions hereof, prior to any disclosure of such confidential information to such employee. Both parties are not permitted to keep any copies of the Confidential Information of the other party except with permission by the other party or previously permitted in writing by the disclosing party.

Contributions and Suggestions:

A user has no restrictions on submitting ideas, suggestions or proposals to Hibabox. If it happens, a user acknowledges and agrees that:

  • Hibabox will be entitled to use or reveal (or prefer not to) such contributions for any determination, in any way & to any media worldwide and is not under any obligation of confidentiality, express or intimated, to such contributions.
  • Hibabox may already possess this information of contribution or such contribution may already be under development.
  • User Contributions do not contain confidential or proprietary information and
  • Any contribution or idea or suggestion by a user or third party is not entitled to any compensation or reward of any kind from Hibabox regardless of whatever the circumstances may be.
Export Laws:

All Hibabox services, software and technical information supplied under this agreement are governed by UK export control laws and may be controlled by export or import statutes in other countries. Customer agrees to stringently comply with all such laws and statutes. The user also authenticates not to directly or indirectly, trade, export, re-export, divert, or dispose of any software or technology (including products derived from or based on such software or Technology) to any end-user without obtaining prior authorisation from the jurisdictions as required by those laws and regulations. Licensee agrees to indemnify Hibabox from and against any fines or penalties that may arise as a result of Licensee’s violation of this provision.

User Rights:

Hibabox grants the user a personal, non-transferable, non-exclusive, revocable, restricted license to use and access the services solely as permitted by these terms. Hibabox reserve all rights not expressly granted to the user by these terms including but not limited to title, ownership, intellectual property rights, and all other rights and interest in Hibabox. Unless allowed through the services or as contrarily approved by Hibabox in writing, user license does not include the right to commission, trade, transfer or distribute, consign, share, host, or otherwise commercially misuse and exploit the services or content. Any other use of Hibabox services or software platform contrary to Hibabox mission and objectives or to use information gathered from Hibabox commercially without Hibabox approval is prohibited and will be a violation of this agreement.

Disclosure of User Information:

User herewith accept, consent and grant us that we may access, store and disclose user registration details and any other information user has provided if we are required to do so by the order of law or in the belief that such access safety or disclosure is reasonably essential for our opinion to

  • Reveal information we collect from or about you when we believe disclosure is relevant to comply with the law to enforce agreements or protect the rights, property or personal protection of Hibabox, its users or the public.
  • Enforce this Agreement.
  • Respond to claims of an infringement of the rights of third parties, whether or not the third party is a User, individual, or a government bureau
  • Respond to customer service inquiries or
  • Disclosure of User information to third parties excluding those required to provide customer services, administer this agreement, or comply with legal requirements which can be accessed by visiting our Privacy Policy page.

Furthermore to the above, if there is a situation where all of our business assets get sold off or needed to be transferred as a result of any corporate change (consolidation, bankruptcy, merger etc.), we may transfer the corresponding information regarding our customers and users of Hibabox and its related products as a result of such. We will retain a copy of such information for records if it is required by the law.

Nothing in this Privacy Policy is intended to impede our ability to sell or transfer some or all of our business, equity interests, and assets (including this site) to an associate or affiliated/unaffiliated third party at any time, for any purpose, without any condition, and without any notice or any compensation to you.

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