Disclaimer
1- Agreement and Definitions
This Disclaimer and Service Agreement ("Agreement") constitutes the agreement between the DUAI Web Site ("DUAI", "Service" or “we”) and you as a web user who accesses or establishes a connection ("user", "you" or "your") to or with www.duai.co.za, which is run by the administration of Dar al-`Ulum al-`Arabiyyah al-Islamiyyah, Strand, South Africa.
2- Online Conduct
Users agree to use the service only for lawful purposes and are prohibited from posting on the service any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any type, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national or international law.
3- Content
a- Accuracy and Changes:
While every effort has been taken to ensure accuracy of provided information, this service can include inaccuracies and typographical errors. Also information is subject to further editing and other such changes without any warning or notice. As such we expressly disclaim any liability associated with material made available by DUAI.
b- Downloading Content:
You may download content from the Service solely for your personal, internal use, but will make no other use of the content without the express written permission of DUAI and the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to DUAI.
c- Third Party Content
DUAI may occasionally act as distributors (not publishers) of content made available by contributors and other third parties. Accordingly, we have no more editorial control over the content made available as part of the service, than a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, nor do they vouch for its accuracy or usefulness. We therefore expressly disclaim any liability associated with material made available by third parties.
4. Disclaimer of Warranties & Limitation of Liability
a- No Warranties.
The service, all content, material, information or postings found on the service are provided on an “AS IS” basis without warranties of any kind, either expressed or implied.
b- Assessment Responsibility.
The information on the Service is provided solely on the basis that users will be responsible for making their own asessments of matters discussed and are advised to verify all relevant representations, statements and information and obtain independent legal advice before acting on any information contained in or in connection with this site.
c) Disclaimer of Liability.
The user assumes all responsibility and risk for the use of this Service. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this Service be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result from the use or inability to use the Service and any links provided on the Service. Nor shall they be liable for any such damages including, but not limited to, reliance by a user on any information obtained via the Service; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.
5. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless DUAI (and any of its parents, subsidiaries, affliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. DUAI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Cancellation
DUAI may cancel this Agreement and your use of the Service, or discontinue the Service at anytime in its sole discretion. DUAI shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which DUAI, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
7. Applicable Law and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of South Africa. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of South Africa in any and all actions, disputes, or controversies relating to this Agreement.
8. General Terms
a- Completeness.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof.
b- Subject to Change.
DUAI reserves the right to change the content of this Agreement without any prior notice.
c) No waiver.
No failure on the part of DUAI to enforce or to require the strict adherence or performance of any of the terms and conditions of this Agreement shall constitute a waiver of such terms and conditions and/or impair the right of DUAI to enforce or require strict adherence or performance of any of the terms and conditions of this Agreement.
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