Terms & Conditions

AGREEMENT TO TERMS

These Terms of Use form a legally binding agreement between you, whether acting personally or on behalf of an entity (“you”), and Kirwaq Institute (“Company,” “we,” “us,” or “our”), governing your access to and use of the kirwaqinstitute.com website, as well as any related media forms, media channels, mobile websites, or mobile applications (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site may be incorporated into these Terms of Use by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason at our sole discretion. It is your responsibility to review the Terms periodically to stay informed of any updates. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes.

The information on the Site is not intended for distribution or use by any individual or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or where it would subject us to any registration requirement. Users who access the Site from other locations do so at their own initiative and are responsible for compliance with local laws as applicable.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the Site and all related materials, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as trademarks, service marks, and logos (collectively, the “Marks”), are the proprietary property of Kirwaq Institute or are licensed to us. They are protected by copyright, trademark laws, and various other intellectual property rights, including international copyright laws and conventions.

The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly allowed in these Terms of Use, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to access and use the Site and to download or print copies of any portion of the Content for your personal, non-commercial use only. We reserve all rights not expressly granted to you in and to the Site, Content, and Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  • You have the legal capacity to agree to and comply with these Terms of Use;
  • You are not a minor in the jurisdiction in which you reside;
  • You will not access the Site through automated or non-human means, such as bots or scripts;
  • You will not use the Site for any illegal or unauthorized purposes; and
  • Your use of the Site will not violate any applicable law or regulation.

PROHIBITED ACTIVITIES

You are prohibited from using the Site for any purpose other than the one for which it is provided. The Site must not be used in connection with any commercial activities except those explicitly endorsed or approved by us.

As a user of the Site, you agree not to engage in the following prohibited activities:

  • Data Extraction: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Deceptive Practices: Trick, defraud, or mislead us or other users, particularly in attempts to obtain sensitive account information, such as user passwords.
  • Security Interference: Circumvent, disable, or interfere with security-related features of the Site, including those that prevent or restrict copying of Content or enforce limitations on Site use.
  • Defamation: Disparage, tarnish, or otherwise harm, in our opinion, us or the Site.
  • Abuse: Use information obtained from the Site to harass, abuse, or harm another person.
  • Misuse of Support Services: Make improper use of our support services or submit false reports of abuse or misconduct.
  • Legal Compliance: Use the Site in any manner that violates applicable laws or regulations.
  • Unauthorized Framing and Linking: Engage in unauthorized framing of or linking to the Site.
  • Malware: Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful materials that disrupt the Site’s functionality or the experience of other users.
  • Automated Systems: Engage in any automated use of the system, including using scripts, data mining, robots, or similar tools to gather or extract data.
  • Intellectual Property: Delete or alter copyright or other proprietary rights notices from any Content.
  • Impersonation: Attempt to impersonate another user or person or use another user’s username.
  • Tracking Mechanisms: Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, such as clear graphics interchange formats (“gifs”), web bugs, cookies, or similar devices.
  • System Disruption: Interfere with, disrupt, or create an undue burden on the Site or its networks and services.
  • Harassment: Harass, annoy, intimidate, or threaten our employees or agents who are providing any portion of the Site to you.
  • Access Bypass: Attempt to bypass any measures designed to prevent or restrict access to the Site or any part of it.
  • Code Modification: Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Reverse Engineering: Except as permitted by law, decipher, decompile, disassemble, or reverse engineer any software comprising part of the Site.
  • Automated Systems Usage: Use, launch, or distribute any automated system or unauthorized script to access the Site, including spiders, robots, or similar tools.
  • Agent Use: Use a buying or purchasing agent to make purchases on the Site.
  • Unauthorized Collection: Collect usernames and/or email addresses of users by electronic or other means for sending unsolicited email or creating user accounts under false pretenses.
  • Competitive Use: Use the Site or its Content to compete with us or for any commercial revenue-generating endeavor not authorized by us.

USER-GENERATED CONTRIBUTIONS

While the Site may provide opportunities for users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, “Contributions”), the Site itself does not offer a platform for such activities. Contributions may be visible to other users and third-party websites. Any Contributions you provide are subject to the Site’s Privacy Policy. By submitting Contributions, you represent and warrant that:

  • Ownership and Rights: You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users to use your Contributions as contemplated by the Site and these Terms of Use.
  • No Infringement: Your Contributions do not infringe on any proprietary rights, including copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
  • Consent for Identifiable Individuals: You have obtained written consent from any identifiable individuals in your Contributions to use their names or likenesses.
  • Accuracy: Your Contributions are accurate and not misleading.
  • No Unsolicited Content: Your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
  • Content Standards: Your Contributions are not obscene, lewd, violent, harassing, libelous, or objectionable.
  • No Harassment: Your Contributions do not harass or threaten others or promote violence.
  • Legal Compliance: Your Contributions comply with all applicable laws, including those concerning child pornography and the protection of minors.
  • Respect for Privacy: Your Contributions do not violate the privacy or publicity rights of any third party.
  • Respect for Decency: Your Contributions do not include offensive comments related to race, gender, sexual preference, or physical handicap.
  • Compliance with Terms: Your Contributions do not violate these Terms of Use or applicable laws.

Violation of these Terms of Use related to user-generated content may result in termination or suspension of your access to the Site.

CONTRIBUTION LICENSE

By submitting any information or personal data to us, including suggestions or feedback regarding the Site, you agree that we may access, store, process, and use this data under our Privacy Policy and your choices (including settings).

You acknowledge and agree that any feedback, comments, suggestions, ideas, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become our exclusive property. We shall own all rights, including intellectual property rights, and have unrestricted rights to use, modify, reproduce, and disseminate these Submissions for any lawful purpose, commercial or otherwise, without further acknowledgment or compensation to you. By submitting Submissions, you waive any moral rights and agree that we will have no liability for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

We do not claim ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property or proprietary rights. We are not liable for any statements or representations made in your Contributions, and you agree to indemnify and hold us harmless from any claims or actions related to your Contributions.

SITE MANAGEMENT

We reserve the right, but are not obligated, to:

  • Monitor the Site for violations of these Terms of Use.
  • Take legal action against anyone who violates the law or these Terms of Use, including reporting such individuals to law enforcement authorities.
  • Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof, at our sole discretion.
  • Remove or disable files and content that are excessive in size or burdensome to our systems, at our discretion and without liability.
  • Manage the Site to protect our rights and property and to ensure the Site’s proper functioning.

TERM AND TERMINATION

These Terms of Use remain in effect while you use the Site. We reserve the right to deny access to and use of the Site, including blocking certain IP addresses, at our sole discretion and without notice, for any reason or no reason, including for breach of these Terms of Use or applicable law. We may terminate your use of the Site or delete any content you posted at any time, without warning, at our sole discretion.

If your account is terminated or suspended, you are prohibited from registering or creating a new account under your name, a fake name, or a third party’s name. In addition to terminating or suspending your account, we may take legal action, including civil, criminal, or injunctive measures.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, without notice. We are not obligated to update any information on the Site. We may modify or discontinue all or part of the Site without notice at any time and will not be liable for any modifications, price changes, suspensions, or discontinuances.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason, without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain or support the Site or to provide any updates, corrections, or releases.

GOVERNING LAW

These Terms shall be governed by and interpreted by the laws of Pakistan. You irrevocably consent to the exclusive jurisdiction of the courts of Lahore, Pakistan, to resolve any disputes arising in connection with these Terms.

DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or related to these Terms, including disputes regarding their existence, validity, or termination, shall be referred to and resolved by binding arbitration. The arbitration will be conducted by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to its rules. The number of arbitrators shall be three. The language of the arbitration proceedings shall be English or Urdu.

Restrictions

The Parties agree that any arbitration will be limited to the dispute between the Parties individually. To the fullest extent permitted by law:

  • No arbitration shall be combined with any other proceeding.
  • There is no right or authority for any dispute to be arbitrated on a class-action basis or using class-action procedures.
  • There is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other individuals.

Exceptions to Arbitration

The Parties agree that the following disputes are not subject to the arbitration provisions:

  • Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights.
  • Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use.
  • Claims for injunctive relief. If this provision is found to be illegal or unenforceable, the affected dispute shall be decided by a competent court within the jurisdiction listed above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to update or modify information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS, INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE, OR ANY BUGS, VIRUSES, OR SIMILAR ITEMS TRANSMITTED BY THIRD PARTIES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE OR HYPERLINKED WEBSITES, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID, IF ANY. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • Your use of the Site.
  • Breach of these Terms.
  • Breach of your representations and warranties.
  • Violation of third-party rights, including intellectual property rights.
  • Any harmful act toward another user of the Site.

We reserve the right to assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

USER DATA

We will maintain certain data that you transmit to the Site for performance management and related purposes. You are solely responsible for all data you transmit or activities you undertake on the Site. We shall have no liability for any loss or corruption of data, and you waive any right of action against us for such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, sending emails, and completing online forms, you consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and records, and the electronic delivery of notices, policies, and records.

MISCELLANEOUS

These Terms and any policies posted on the Site constitute the entire agreement between you and us. Our failure to enforce any provision does not waive our right to enforce it. We may assign our rights and obligations to others and are not liable for any loss or damage beyond our control. If any provision is deemed unlawful, void, or unenforceable, it will be severable from these Terms, and the remaining provisions will remain in effect. These Terms do not create a joint venture, partnership, or agency relationship. You waive any defenses based on the electronic form of these Terms and the lack of physical signatures.

CONTACT US

For complaints or more information about the Site, please contact us at kirwaqinstitute@gmail.com