Terms and Conditions

Introductions

Assalam-o-Alaikum !السلام عليكم‎, and welcome to our Terms and Conditions of Use section. Please read the following terms and conditions carefully. By registering for, accessing, browsing, or using the website, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the other legal documents and any additional guidelines added as and when needed.

Zahanat.com is an educational website, hence majority of user are students of various age groups, if you are a parent or guardian and you provide consent for your child to register with the website, you agree to be bound by these terms and conditions in respect of such child’s use of the website.

Accordingly, this is important and affects your legal rights, so please read them and our Privacy Policy along with other legal documentation carefully. These terms and conditions govern your use of our services; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

Eligibility for Registration

THE WEBSITE IS NOT AVAILABLE TO

(A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE OR

(B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.

By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent

(a) that You have not been previously suspended or removed from the Website

(b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website

(c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.

Account Creation.

In order to use certain features of our Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Zahanat.com, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify us at support@zahanat.com. You may be liable for the losses incurred by zahanat.com or others due to any unauthorized use of your account at Zahanat.com.

Integrated Service.

Zahanat.com may allow you to register for the Website through, or otherwise associate your zahanat.com account with, certain third party social networking or integrated services, such as Facebook Connect and Google (“Integrated Service”). By registering for the Website using (or otherwise granting access to) an Integrated Service, you agree that Zahanat.com may access your Integrated Service’s account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Website through the Integrated Service. Zahanat.com does not control the practices of Integrated Services, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.

Child User.

If You are a User of the Website and are under the age of 13 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Further, in certain instances, a Child User may use our Website via one of the third party applications that integrate into or with the Website. A Child User that has registered through such third party applications will only be permitted to use the Website for so long as Zahanat.com reasonably believes that such access has been consented to by the Child User’s parent or guardian.

Parent User.

If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Website, You may register a parent account on the Website (“Parent User”). As a Parent User, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that Zahanat.com may choose, but is not obligated, to make any inquiries, either directly or through third parties, that Zahanat.com deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. Zahanat.com reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT ZAHANAT.COM CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND ZAHANAT.COM IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A COACH DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by Zahanat.com at any time and without warning for any failure to abide by these Terms.

 Licence and assignment

Unless otherwise stated, Zahanat.com own the intellectual property rights in the website services and material on the website and Zahanat.com grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Zahanat.com Services

The Zahanat.com software applications are licensed, not sold, to you, and Zahanat.com retains ownership of all copies of the Zahanat.com software applications even after installation on your Devices. Zahanat.com may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

All Zahanat.com trademarks, service marks, trade names, logos, domain names, and any other features of the Zahanat.com brand are the sole property of Zahanat.com. This Licence does not grant you any rights to use the Zahanat.com trademarks, service marks, trade names, logos, domain names, or any other features of the Zahanat.com brand, whether for commercial or non-commercial use.

You agree to abide by our User Guidelines and not to use the Zahanat.com Service (including but not limited to its content) in any manner not expressly permitted by the Zahanat.com.

Third party software libraries included in the Zahanat.com Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our website.

Third Party Applications

The Zahanat.com provides a platform for third party applications, websites and services to make available products and services to you (“Third Party Applications”), and your use of these Third Party Applications is subject to their terms of use. You understand and agree that Zahanat.com is not responsible or liable for the behavior, features, or content of any Third Party Application.

User generated content

In these terms and conditions, “user content” means material including without limitation text, images, audio material, video material and audio-visual material that users submit to this website, for whatever purpose.

By posting, submitting or distributing User Content on or through the Website, You hereby grant to Zahanat.com a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

You grant to Zahanat.coma worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Zahanat.comthe right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Zahanat.comor a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Zahanat.comreserves the right to edit or remove any material submitted to this website, or stored on zahanat.com servers, or hosted or published upon this website.

Consideration

In consideration for the rights granted and services rendered to you under these Terms, you grant us the right (a) to allow the Zahanat.com to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, and (c) to allow our business partners to do the same.

You grant Zahanat.com a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Zahanat.com.

These Terms are not intended to grant rights to anyone except you and Zahanat.com, and in no event shall these Terms create any third party beneficiary rights. Any failure by Zahanat.com to enforce these Terms or any provision thereof shall not waive Zahanat.com’s right to do so.

Technology limitations and modifications

Zahanat.com will make reasonable efforts to keep the Zahanat.com Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Zahanat.com reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Zahanat.com, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Zahanat.com or any function or feature thereof. You understand and agree that Zahanat.com has no obligation to maintain, support, upgrade, or update the website, or to provide all or any specific content through the website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

You must not post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

You must not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;

You must not use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

You must not defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;

You must not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

You must not intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without Zahanat.com’s  express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Zahanat.com’s  express written consent.

Restricted access

Access to certain areas of this website is restricted.  Zahanat.com reserves the right to restrict access to other areas of this website, or indeed this entire website, at zahanat.com’s discretion.

If Zahanat.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Zahanat.com may disable your user ID and password in zahanat.com’s sole discretion without notice or explanation.

Termination.

10.1 Termination by Zahanat.com. Zahanat.com, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Zahanat.com or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. Zahanat.com may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Zahanat.com will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Zahanat.com may have at law or in equity. As discussed herein, Zahanat.com does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.

10.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Zahanat.com in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Zahanat.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Without prejudice to the generality of the foregoing paragraph, Zahanat.com does not warrant that:

 

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
• or free of errors, viruses or other harmful components
• and do not warrant that any of the foregoing will be corrected

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Harm to Your Computer.

you understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the website including through any api’s is at your own discretion and risk, and that you will be solely responsible for any damage to your property including your computer system or loss of data that results therefrom.

Limitations of liability

Zahanat.com will not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Zahanat.com has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Zahanat.com has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Zahanat.com’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Zahanat.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Zahanat.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Zahanat.com and undertake to keep Zahanat.com indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Zahanat.com to a third party in settlement of a claim or dispute on the advice of Zahanat.com’s legal advisers incurred or suffered by Zahanat.com arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

you agree to indemnify, defend, and hold harmless zahanat.com, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“zahanat.com indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the website, any violation of the terms, or any breach of the representations, warranties, and covenants made herein, whether by you or by any child user associated with you if you are a parent user or coach. zahanat.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify zahanat.com, and you agree to cooperate with zahanat.com’s defense of these claims. zahanat.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Breaches of these terms and conditions

Without prejudice to Zahanat.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Zahanat.com may take such action as Zahanat.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Zahanat.com may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Zahanat.com may transfer, sub-contract or otherwise deal with Zahanat.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Zahanat.com’s prior written consent, any assignment attempted to be made in violation of the Terms shall be null and void.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire agreement

These terms and conditions , together with other legal documents constitute the entire agreement between you and Zahanat.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Pakistan.