1. Definitions
In these Terms of Service (the Terms):
- Alisha, we, us or our means the owner and operator of the website identified below.
- Site means the website made available at msalishab.com and any associated subdomains or content made available through it.
- Services means any features, content, functionality, products, materials, information, or services provided on or through the Site.
- User, you or your means any person or entity that accesses or uses the Site or the Services.
- Content means all text, images, graphics, audio, video, software, code, designs, logos, trademarks, and other materials appearing on or made available through the Site.
- User Content means any content, data, information, or materials that a User submits, posts, uploads, publishes, transmits, or otherwise makes available on or through the Site.
- Terms means these Terms of Service, as updated from time to time.
2. Acceptance of the Terms
By accessing or using the Site or any Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, do not access or use the Site.
If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and in that case references to you are to that entity.
3. Eligibility and Accounts
You may use the Site only if you have the legal capacity to form a binding contract and are at least the age of majority in your place of residence. If you create an account, you must provide accurate and complete information, keep your credentials confidential, and promptly update any changes. You are responsible for all activities that occur under your account.
4. Use of the Site
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use or for legitimate internal business purposes. You must comply with all applicable laws and these Terms.
You must not:
- Copy, reproduce, modify, adapt, translate, create derivative works of, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit the Site or any Content, except as expressly permitted by these Terms.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Site, except to the extent such restrictions are prohibited by law.
- Use any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose, including monitoring or copying Content, without our prior written consent.
- Introduce any viruses, malware, or other harmful code, or otherwise interfere with or disrupt the operation or security of the Site.
- Use the Site in any manner that infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights of any person, or that is unlawful, fraudulent, defamatory, obscene, or otherwise objectionable.
- Bypass or circumvent any measure intended to limit or prevent access to the Site or any part of it.
5. Intellectual Property
The Site and all Content are owned by or licensed to Alisha and are protected by copyright, trademark, and other laws. All rights not expressly granted are reserved. Alisha, and all related names, logos, and marks are trademarks or trade dress of Alisha or its licensors. You may not use any of our trademarks without our prior written permission.
Provided you comply with these Terms, you may temporarily download one copy of Content for personal, non-commercial, transitory viewing. This is a license, not a transfer of title, and under this license you may not:
- Modify or copy the Content;
- Use the Content for any commercial purpose or for any public display;
- Attempt to decompile or reverse engineer any software contained on the Site;
- Remove any copyright or other proprietary notations from the Content; or
This license terminates automatically if you violate any of these restrictions and may be terminated by us at any time.
6. User Content
If the Site allows you to submit User Content, you retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with operating, improving, and promoting the Site and Services.
You represent and warrant that you have all rights necessary to submit the User Content and grant the license above, and that your User Content does not violate any law or rights of any person. We may remove or refuse to publish any User Content at our sole discretion.
7. Responsibilities
7.1 Your Responsibilities
- Ensure your use of the Site complies with these Terms and applicable law.
- Maintain the security and confidentiality of your account credentials and promptly notify us of any suspected unauthorized access.
- Obtain and maintain all equipment, software, and internet access necessary to use the Site and pay any related charges.
- Back up your own data. We are not responsible for loss of your data unless required by law.
7.2 Our Responsibilities
- Provide the Site with reasonable skill and care and use reasonable efforts to maintain availability. However, the Site may be unavailable from time to time due to maintenance, upgrades, or other reasons.
- Protect personal data as described in Section 8 and as required by applicable data protection laws.
- Act upon notifications of alleged unlawful or infringing content in accordance with applicable law.
8. Personal Data and Privacy
We may collect and process personal data when you access or use the Site (for example, technical identifiers, usage data, and information you choose to provide). We process personal data for purposes including providing and improving the Site and Services, ensuring security, communicating with users, complying with legal obligations, and, where permitted, analytics and audience measurement.
Depending on your location, you may have rights under data protection laws, such as the right to access, rectify, erase, restrict or object to processing, data portability, and the right to lodge a complaint with a supervisory authority. Where we rely on consent, you may withdraw consent at any time without affecting the lawfulness of processing before withdrawal.
We implement reasonable technical and organizational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
You may exercise your privacy rights or contact us about personal data matters using the contact facilities made available on the Site. We may use cookies or similar technologies to operate and improve the Site and to understand usage; your browser settings may allow you to manage cookies.
9. Third-Party Services and Links
The Site may contain links to or integrations with third-party websites, content, or services. We do not control, endorse, or assume responsibility for any third-party materials. Your use of third-party services is at your own risk and may be subject to the third party’s terms and policies.
10. Disclaimers
The Site and all Services and Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that Content will be accurate or complete.
Any information made available on the Site is for general informational purposes only and does not constitute professional advice. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Site.
11. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence and for fraud or fraudulent misrepresentation.
Subject to the foregoing, to the fullest extent permitted by law: (a) we will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, savings, business, goodwill, or data; or business interruption; and (b) our total aggregate liability arising out of or relating to the Site, Services, Content, or these Terms will not exceed the greater of GBP 100 or the total amount you paid to us (if any) for the Services giving rise to the claim in the twelve months preceding the event giving rise to liability.
Your sole and exclusive remedy for dissatisfaction with the Site or Services is to stop using them.
12. Indemnification
You agree to defend, indemnify, and hold harmless Alisha and its affiliates, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Site, Services, or Content; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
13. Suspension and Termination
We may suspend or terminate your access to the Site or Services, in whole or in part, at any time and without prior notice if we reasonably believe you have violated these Terms, if required by law, or for operational or security reasons. Upon termination, all licenses granted to you under these Terms will immediately cease, and you must stop all use of the Site and Services and, where applicable, destroy any downloaded Content in your possession. Sections that by their nature should survive will survive termination, including Sections 5, 6 (to the extent of license granted to us), 10, 11, 12, 14, and 15.
14. Changes to the Site and to these Terms
We may modify, update, or discontinue the Site or Services at any time. We may also revise these Terms from time to time. Changes to the Terms are effective when posted on the Site, unless a later effective date is stated. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Site.
15. Applicable Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). If you are a consumer resident in a country of the European Union or the United Kingdom, you may benefit from any mandatory provisions of the law of your country of residence, and you may bring a claim in the courts of your habitual residence where such rights cannot be limited by contract.
16. Miscellaneous
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
- Assignment: You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
- Force Majeure: We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, shortages, riots, war, terrorism, governmental action, telecommunications or internet failures, or utility failures.
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Site and Services and supersede any prior or contemporaneous understandings or agreements on the same subject matter.
- Interpretation: Headings are for convenience only and do not affect interpretation. References to including or include mean including without limitation.
- Notices: We may provide notices by posting to the Site or, where appropriate, through other reasonable means. You should regularly review the Site for any notices or updates to these Terms.