Wednesday 08 September 2010

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Terms and Conditions

Muhammadi Trust of GB & NI

Contact Information:

MUHAMMADI TRUST OF GB&NI
131 Walm  Lane
Willesden Green
London
NW2 3AU

Registered Charity No. 265673

 

Telephone: +44 (0) 20 8452 1739
E-mail: info@mtrust.org.uk

Please read these Terms and Conditions of Use (`Terms`) carefully before using www.mtrust.org.uk (`the Website`). These Terms apply to all users of this Website including casual browsers.]

Part A applies to all users of our Website

Part B applies if you donate or purchase goods online  from The Muhammadi Trust of GB & NI

 

Part A- Terms and Conditions of use

Acceptance of Terms

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, classifieds, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. Your access to and use of www.mtrust.org.uk   ("the Website") and the Services outlined, are subject exclusively to these Terms and Conditions.

You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

Muhammadi Trust of GB & NI reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

                                                                       
Child Supervision

The Muhammadi Trust of GB & NI is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use.

By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other  message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

International Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

Links to third party Websites

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that The Muhammadi Trust of GB & NI is not responsible for the content or availability of any such sites.

Acceptable Uses

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. Muhammadi Trust of GB & NI does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content. The Muhammadi Trust of GB & NI will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

In using the Website/Services you agree not to.

  1. Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
  1. Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful.
  1. Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise.
  1. Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
  1. Violate any applicable laws or regulations.
  1. Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services.
  1. Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement)
  1. Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or similar.
  1. Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
  1. Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another.
  1. Collect or store personal information about others, including email addresses.

 

  1. Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages.
  1. Impersonate any person or entity for the purpose of misleading others.

Muhammadi Trust of GB & NI has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

Intellectual Property Rights

The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.

In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes any downloading, copying and printing of pages of the Website for personal, non-commercial home use only.

Muhammadi Trust of GB & NI does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Muhammadi Trust of GB & NI a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

Termination

Muhammadi Trust of GB & NI has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. The Muhammadi Trust of GB & NI may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

Indemnity

You agree to indemnify and hold Muhammadi Trust of GB & NI and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the company by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Muhammadi Trust of GB & NI in consequence of your breach of these Terms and Conditions.

Disclaimers and Limitation of Liability

Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, The Muhammadi Trust of GB & NI will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

The Muhammadi Trust of GB & NI makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Muhammadi Trust of GB & NI for death or personal injury as a result of the negligence of Muhammadi Trust of GB & NI or that of its employees or agents. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

Part B

Terms applying if you donate or purchase goods online  

These Terms and Conditions (`Terms`) apply to the provision of courses advertised on www.mtrust.org.uk (the `Website`). Please read these Terms carefully before enrolling onto a course.

Definitions

Supplier means:

Muhammadi Trust of GB & NI

that owns and operates the website www.mtrust.org.uk

For the purpose of these terms, the term ‘We’ ‘Us’ or ‘The Muhammadi Trust of GB & NI’ refers to the supplier above.

  • Buyer means the individual or organisation that buys or agrees to buy the services from Muhammadi Trust of GB & NI.
  • Contract means the contract between Muhammadi Trust of GB & NI and the Buyer for the provision of Services incorporating these Terms and Conditions.
  • Terms and Conditions means the terms and conditions for the provision of services set out in this agreement and any special terms and conditions agreed in writing by Muhammadi Trust of GB & NI
  • Website means www.mtrust.org.uk

Conditions

These Terms and Conditions shall NOT affect the Buyer’s statutory rights as a Consumer.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by The Muhammadi Trust of GB & NI.

Any complaints should be addressed to the Supplier`s address:

Muhammadi Trust of GB & NI
131 Walm lane
Willesden Green
London
NW2 3AU

Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

These Terms and Conditions shall apply to all contracts for the provision of Services by Muhammadi Trust of GB & NI to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Terms of Sale

This Terms Of Sale Policy forms part of the General Terms of Use, which governs your use of the Site, and encompasses purchasing activities on the Online Shop. 

1. The Sales Terms
Should you purchase any goods from The Online Shop, you will be contracting with  The Muhammadi Trust of GB & NI on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale ("Sales Terms") govern the supply of any goods you order via this The The Online Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If The Muhammadi Trust of GB & NI accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
1.2 Please note that Muhammadi Trust of GB & NI reserves the right to amend the Sales Terms from time to time. The Muhammadi Trust of GB & NI will publish the amended Sales Terms on The The Online Shop and any new versions of the Sales Terms will come into effect as soon as Muhammadi Trust of GB & NI publish them on the Online Shop (with the exception that any orders that The Muhammadi Trust of GB & NI have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point).
2. Availability of the goods supplied by the Online Shop
2.1 Muhammadi Trust of GB & NI may terminate or suspend the supply of any goods displayed on The The Online Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. Muhammadi Trust of GB & NI may do this at any time and without notice. Products on the Online Shop are normally available for despatch within 24 hours and for products with slower availability, an estimated shipment preparation time is provided in the associated product listings on the Online Shop.
3. Buying goods from this Online Shop
3.1 Pricing policy - Muhammadi Trust of GB & NI may change the prices of the goods displayed on The The Online Shop at any time. The prices for all the goods available on The The Online Shop are clearly marked in their description and are inclusive of VAT (if applicable). All applicable delivery charges are also displayed on The The Online Shop. All prices are in Pounds Sterling. Muhammadi Trust of GB & NI may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Conclusion of Contract of Sale -The information relating to Cancer Research UK Trading Limited`s goods and relevant prices are displayed on The The Online Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. When you place an order to purchase a product from www.shoptobeatcancer.org.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we`ve dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract.
3.3 Method of payment - For orders placed via The Online Shop, Muhammadi Trust of GB & NI accepts Visa, Master Card and bank Maestro cards. The Muhammadi Trust of GB & NI does not accept Visa Electron, American Express, Diner`s Club, Solo. When making your payment, it is imperative that you provide the information that The Muhammadi Trust of GB & NI specify is required, for example, cardholder`s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when  Muhammadi Trust of GB & NI confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until Muhammadi Trust of GB & NI has received payment in full.
3.4 Delivery - Standard service delivery is charged at £4.95 to any UK mainland address and Northern Ireland (excluding offshore territories). These charges cover packing, handling and delivery. Orders are usually responded to within 24 hours, and are dispatched to arrive within 3-5 working days.  Orders over a value of £35 will be sent via a service that requires a signature; please ensure someone will be in to sign. If you have not received your goods within the above timeframe, please contact our customer services department by email at info@mtrust.org.uk. Next Day delivery is available when an order is placed before 12 noon for delivery the next working day. Next Day delivery is charged at £7.95 to any UK mainland address and Northern Ireland (excluding offshore territories), and these charges cover packing, handling and delivery. Next Day deliveries will require a signature on receipt; please ensure someone will be in to sign. Gift wrapping is charged at the rate of £2.50 per item. For more information on our delivery services click here .
3.5 Out of stocks - If any item you have chosen is unavailable, The Muhammadi Trust of GB & NI will contact you via phone or your email address and set out the options that are available to you.
3.6 Return of goods policy - We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, if possible in the original packaging (with your customer advice note) within 14 days of the date of receipt and we will refund your money or send you a replacement - no questions asked. Items returned under Cancer Research UK Trading Limited`s 14 days returns policy must be unopened with any seals and shrink-wrap intact (e.g., for CDs and DVDs, electronics, food). Please note: we can only accept the return of opened items if they are faulty. We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order. The Muhammadi Trust of GB & NI guarantee is in addition to your statutory rights.
When you send your item back to us, we`ll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within three weeks of our receiving your return.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to refund the delivery charges incurred in sending the item to you and we`ll reimburse your costs in returning it to us.
If the product is damaged in any way or has become broken in transit please contact customer services by email at info@mtrust.org.uk
3.7 Cancellation Policy - Please note that you have a legal right to cancel your order within 7 days of the date of receipt of the goods (provided the goods are returned to us new and in an unused condition in the original packaging together with a copy of the receipt. By returning, packing securely and enclosing the advice note and sending it back to Muhammadi Trust of GB & NI, 131 Walm Lane, London, NW2 3AU, a refund will be provided within 30 days of the date of cancellation.
3.8 Special offers - From time to time, special offers may be advertised on the website. Special offer prices quoted apply only to orders completed online.
3.9 Free gifts - From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.
Rights of supplier

Muhammadi Trust of GB & NI reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

Muhammadi Trust of GB & NI reserves the right to withdraw the Services from the Website at any time. We shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

Performance

Muhammadi Trust of GB & NI shall perform the Services with reasonable skill and care. However, where applicable, we do not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.

We may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.

The Services are subject to an initial contract period of thirty days and shall continue thereafter on a recurring basis unless and until terminated by either party.  

We may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.

Cancellation

The Buyer has the right to cancel the Contract, by 30 days notice in writing, at any time after the Contract was made. Any payment due remains payable and, if already paid, will be refunded.

Limitation of liability

In the event of any breach of these Terms and Conditions by us remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

Waiver

No waiver by Us (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

Force Majeure

We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of its obligations. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable. In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to terms and conditions

We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Any renewal of the Services will be subject to the Supplier`s then current Terms and Conditions.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

Special conditions

Where a specialist service is offered to buyers, additional terms and conditions may apply which will be made available prior to the commencement of the relevant service.


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