TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
This Website is owned and operated by SADAQAT. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and SADAQAT in relation to your use of the Website and/or the Services and apply to all users of the Services, whether registered or not, on the Website.
"Clients" are individuals and businesses seeking to obtain short-term or long-term services ("Services") from SADAQAT or one of our partners. Clients are hereinafter referred to as "You, Your,Client, Users". As used in this Agreement, "www.sadaqat.ca", "we," "us," and "our" shall mean SADAQAT and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with SADAQAT for its services or otherwise.
SADAQAT may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of SADAQAT. SADAQAT reserves the right to expel Users and prevent their further access to SADAQAT for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although SADAQAT may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Cookies
We employ the use of cookies. By accessing Sadaqat, you agreed to use cookies in agreement with the Sadaqat's Privacy Policy.Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Sadaqat and/or its licensors own the intellectual property rights for all material on Sadaqat. All intellectual property rights are reserved. You may access this from Sadaqat for your own personal use subjected to restrictions set in these terms and conditions.You must not: (i) Republish material from Sadaqat; (ii) Sell, rent or sub-license material from Sadaqat (iii) Reproduce, duplicate or copy material from Sadaqat (iv) Redistribute content from Sadaqat
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Sadaqat does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Sadaqat,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Sadaqat shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Sadaqat reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that: (i) You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; (ii) The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; (iii) The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy (iv) The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Sadaqat a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.;
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
Representations and Warranties of Users
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Sadaqat. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
Indemnification
The User agrees and undertake to indemnify and to hold harmless SADAQAT and other parties determined by SADAQAT, SADAQAT's affiliates, successors, subsidiaries, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys' fees) incurred by reason of (i) any breach or alleged breach by our Partners' obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or T&C; (ii) any infringement or unauthorized use of intellectual property rights of SADAQAT including but not limited to infringement of intellectual property rights of SADAQAT in the Website (iii) any breach of the confidentiality obligations of Us or our Partners under this Agreement; (iv) any violation of SADAQAT policies by our Partners; (v) any harm to the reputation and goodwill of SADAQAT directly attributable to our Partners; and (vi) damage, unauthorized use or loss of the Website.Electronic Communications
When you send an e-mail or chat electronically with SADAQAT, you communicate with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or SMS text messages. You agree that all agreements, notices, disclosures and other communications that SADAQAT provides to you electronically satisfy legal requirements that such communications be in writing.Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sublicensable license to access and use the platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by SADAQAT or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.SADAQAT will not be liable on Account for any inaccurate information on its Website. It is the responsibility of the visitor further to research the information on the Website. The User undertakes not to duplicate, download, publish, modify and distribute the material on SADAQAT unless authorized explicitly by SADAQAT in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Third-Party Website/website Links, Content And Services
The Website and Content available through the Website may contain links to other third-party Websites/website ("Third Party Websites") such as third-party payment processors. If you link to Third-Party Websites, you may be subjected to those Third-Party Websites' Terms and Service and other policies. SADAQAT makes no representation or guarantee of the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is entirely at your own risk, and SADAQAT disclaims all liability to it.Any contents and services (including advertising) within SADAQAT that SADAQAT does not own are "third-party content and services." SADAQAT acts merely as an intermediary service provider and accepts no responsibility or liability for third-party Content and services. In addition, and without limiting the generality of the preceding, SADAQAT may include links to Websites/Apps operated by third parties, including advertisers and other content providers. Those Websites/Apps may collect data or solicit personal information from you. SADAQAT does not control such Websites/Apps and is not responsible for their Content, policies, or collection, use or disclosure of any information those Websites/Apps may collect.
Ownership and Intellectual Property
This Website and all Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada.You acknowledge and agree that SADAQAT owns, controls, or is licensed all legal rights, title and interest in and related to the Website, including intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or anyone who may be informed of any of its contents.Limitation of Liability
SADAQAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SADAQAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SADAQAT SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY SADAQAT FROM ITS FACILITIES IN USA AND OTHER COUNTRIES. SADAQAT MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SADAQAT IS TO STOP USING SADAQAT PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR SADAQAT ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SADAQAT NOR ANY PERSON ASSOCIATED WITH SADAQAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER SADAQAT NOR ANYONE ASSOCIATED WITH SADAQAT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR PARTNERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF SADAQAT. AND SADAQAT CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
SADAQAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Entire Agreement/ Severability
These Terms and Service incorporate our Privacy Policy which together constitutes the entire Agreement between You and SADAQAT about Your use of the Website and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding and supersede all prior agreements between you and SADAQAT relating to this subject matter and cannot be changed or terminated orally.Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of SADAQAT, and any attempted assignment without such consent shall be void. Subject to the preceding restriction, these Terms will be fully binding upon, inure to the benefit of, and enforceable by our respective successors and assigns.Non-waiver
Failure by either SADAQAT or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate to bar that exercise or enforcement thereof or of any other right on any later occasion.Force Majeure
SADAQAT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered under this Agreement, shall be brought before a Competent Court of Toronto. The parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give us personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.Arbitration Procedures:
The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator's appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.