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End User License Agreement

End User License Agreement

END-USER LICENSE AGREEMENT FOR THE WF EDUCATION MOBILE APP

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.

  1. Introduction and Purpose of this Agreement

    We, The World Federation of Khoja Shia Ithna-Asheri Muslim Communities (KSMIC) (“TWF”, “we”, “us”, “our”) of Wood Lane, Stanmore, Middlesex HA7 4LQ, United Kingdom, license you to use:

    • The WF Education App v 1.0 mobile application software, including any updates or supplements to it (the “App”);
    • The related online or electronic documentation (the “Documentation”); and
    • The service you connect to via the App and the content we provide to you through it (the “Services”).

    as permitted in these terms (the “Terms”).

  2. Privacy and Data Protection

    Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, and it is important that you read that information.

  3. Additional Terms That May Apply to You

    The following document also form part of these Terms:

    Our Cookie Policy, which sets out information about the cookies used by the App.

  4. Specific Terms for Certain Services

    In addition to the general Terms of this agreement, the following services will be governed by the following terms and conditions and privacy policy set out below:

    Service Web address of terms and conditions Web address of privacy policy
    Service
    WF Education Website, including the Admin Portal
    Web address of terms and conditions
    https://wf.education/Public/Terms
    Web address of terms and conditions
    https://wf.education/Public/PrivacyPolicy
  5. Additional Terms for App Store and Google Play Store

    The use of the App and Documentation may also be subject to the rules and policies of the App Store and Google Play Store. These rules and policies, which can be found at Apple App Store Terms and Conditions and Google Play Store Terms or Service, will apply instead of these Terms where there are differences between the two.

  6. Operating System Requirements

    This App requires an iOS or Android device with a minimum of 2GB of memory and the following operating system versions:

    • Android: Minimum Android 10, Target Android 13*
    • iOS: Minimum iOS 13, Target iOS 16*

    Other Requirements:

    • Android Devices: Android Mobiles
    • iOS Devices: iOS Mobiles
  7. Support and Reporting Issues with the App

    Support. If you want to learn more about the App or the Service, or have any problems using them, please contact us at education@world-federation.org.

    How to contact us, including for complaints. If you think the App or the Services are faulty or misdescribed, or wish to contact us for any other reason, please email us at education@world-federation.org.

    Our communication with you. If we have to contact you, we will do so by email, by SMS, or by pre-paid post, using the contact details you have provided to us.

  8. Your Use of the App and Device Limitations

    In return for your agreeing to comply with these Terms, you may:

    • Download or stream a copy of the App onto Android or iOS devices and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App and the Service in accordance with the rules set out in the family sharing policies of the Apple App Store and Google Play Store. Please check the Apple Family Sharing Terms and Conditions and Google Play Family Library documentation for more details.
    • Use any Documentation to support your permitted use of the App and the Service.
    • Provided you comply with the License Restrictions, make up to 1 copy of the App and the Documentation for back-up purposes; and
    • Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
  9. Eligibility to Use the App

    You must be 18 years old or over to accept these Terms and use the App.

  10. Restrictions on Transfer of the App

    We are giving you personally the right to use the App and the Service as set out above (“Your Use of the App”). Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

  11. Changes To The Terms

    We may need to change these Terms to reflect changes in law or best practice, or to deal with additional features which we introduce.

    We will give you at least 30 days’ notice of any change by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App.

    If you do not accept the notified changes, you may continue to use the App and the Service in accordance with the existing Terms, but certain new features may not be available to you.

  12. Updates to the App and Modifications to the Service

    From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

    If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

    The App will always work with the current or previous version of the operating system (as it may be updated from time to time).

  13. If You Are Using a Device Owned by Someone Else

    If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

  14. Links to Third-Party Websites

    The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

    You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  15. User Conduct

    You agree that you will:

    • Except in the course of permitted sharing (see “Your Use of the App”), not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
    • Not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
    • Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;

    • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

      • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
      • is not used to create any software that is substantially similar in its expression to the App;
      • is kept secure; and
      • is used only for the Permitted Objective.
    • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  16. Acceptable Use Restrictions

    You must:

    • Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
    • Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
    • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    • Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    • Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  17. Intellectual Property

    All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us, and the rights in the App and the Services are licensed, not sold, to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.

  18. Our Responsibility For Loss or Damage You Suffer

    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Limitations to the App and the Services. The App and the Services are provided for informational and transactional purposes, including managing donations and tracking transaction history. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    Backing up your content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

    Ensure the App and Services meet your needs. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store site and in the Documentation) meet your requirements.

    We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. As the Services are provided free of charge, no refund will be applicable in case of delay.

  19. Termination of Your Rights to Use the App and Services

    We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms in a serious way, including unauthorized use or failure to comply with the applicable laws. If what you have done can be put right, we will give you a reasonable opportunity to do so.

    If we end your rights to use the App and Services:

    • You must stop all activities authorised by these Terms, including your use of the App and any Services.
    • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
    • We may remotely access your devices and remove the App from them, and cease providing you with access to the Services.
  20. Assignment of Rights and Obligations

    We may transfer our rights and obligations under These terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  21. Restriction on Transfer of Your Rights

    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

  22. No Rights for Third Parties Under This Agreement

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

  23. Severability

    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  24. Enforcement Delay

    Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.

  25. Governing Law

    These Terms are governed by English law, and you can bring legal proceedings in respect of the App and Services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the App and Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect to the App and Services in either the Northern Irish or the English courts. If you are located outside of the United Kingdom, you agree to submit to the jurisdiction of the English courts, subject to any mandatory consumer protection laws in your home country.

  26. Alternative Dispute Resolution

    Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution (CEDR) via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings.