Terms of Use

This page tells you information about us and the legal terms and conditions (“Terms”) on which we provide access to and use of the Falak.com website (falak.com) (our “Site”) to you, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use it.
These Terms (together with the documents referred to in it) will apply to the use by you of our Site. Please read these Terms carefully and make sure that you understand them, before attempting to use our Site. By accessing or using our Site you have indicated to us that you understand and agree to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.

Other applicable terms

Our Privacy and Cookie Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us and sets out information about the cookies on our Site. By using our Site, you consent to such processing, warrant that all data provided by you is accurate and accept our use of Cookies.

Information about us

Falak.com is owned and operated by Falak Solutions Ltd (“We”), a company incorporated in Scotland with company number 13645107.
You may contact us by e-mailing us at support@falak.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 24.

Changes to these terms

We may revise these Terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our Site

We may update our Site from time to time and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Definitions

Contract” means these Terms and any additional terms or conditions made between us, in writing;
Users” means any businesses, organisations or natural persons who use our Site (and “use” shall include accessing, browsing, or registering to use our Site).

Access to our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at support@falak.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy, or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our Site or any portion of it cannot be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written permission of Falak Solutions Ltd or the relevant third-party content provider to Falak Solutions Ltd. The User agrees and acknowledges that it will not copy, reproduce, or download any information, text, images, video clips, directories, files, databases, or listings available on our Site, for the purpose of re-selling or re-distributing our Site content, mass mailing, or otherwise commercially exploiting our Site content without the express written permission of Falak Solutions Ltd.

No reliance on information

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

Acknowledgements

You undertake and agree that:
  • You are over eighteen years of age and the details provided by you to register on our Site are correct and complete;
  • These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
  • You do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in them.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:
  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms.
  • Not to access without authority, interfere with, damage, or disrupt:

    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site.
Failure to comply with these Terms, may result in our taking all or any of the following actions:
  • immediate, temporary, or permanent withdrawal of your right to use our Site.
  • immediate, temporary, or permanent removal of any User Content uploaded by you to our Site.
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary; or
  • any other action we reasonably deem appropriate.
In the event that you no longer wish to be a User of our Site, you should notify us accordingly at support@falak.com. Your account details will be removed from our systems within 60 days of provision of such a termination request. During the first 30 days of this period your account can be re-instated without any charge (however, such re-instatement facility is available only once in each 24 months period). Following this initial 30-day period, your account will be flagged for termination and deletion. Once an account is removed, a fresh order would be required to commence use of our Site again.
To cancel your account with us, a written 30 days’ notice from your official email address or on letter headed paper is required. Failing to do so means you are an active account holder; hence liable to all fees incurred.

Our Liability

We will not be liable to any User for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.
If you are a business user, please note that, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill, or reputation; or
  • any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Third Party Content

You acknowledge and agrees that some of the content displayed on our Site (such as, for example, promotions, photos, videos, logos, banners, advertising materials, reviews, and other content materials) is provided or posted by third parties. Any content provided or posted by third parties, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, the third party, and not Falak Solutions Ltd is entirely responsible for all content that it uploads, posts, or otherwise transmits via the features and services provided by our Site.
We do not control the third-party content posted via certain features and services on our Site. As such we are not responsible for and do not guarantee the accuracy, integrity, quality, propriety, or lawfulness of any third-party content, and shall not be liable to any User in connection with such User’s reliance on such third-party content. In addition, we are not responsible for the conduct of any third party’s activities on our Site and shall not be liable to any person in connection with any damage suffered by any person because of such third party’s conduct. As a general condition, although we reserve the right to do so, we do not pre-screen third party content posted on our Site.
Our Site may contain hyperlinks in the form of word link, banners or otherwise, to other websites that are controlled by parties other than Falak Solutions Ltd. Users must be aware that we are not responsible for any use of such other websites, even when said website is accessed through a link from our Site. We do not control or monitor these websites and bear no responsibility or liability for them, nor should Falak Solutions Ltd be deemed in any way to endorse or approve of the contents, products, services, and information on the linked website.
Users acknowledge and agree that by using the features and services provided on our Site, a User may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Falak Solutions Ltd be liable in any way for any third-party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred because of the use of any such content posted, emailed, or otherwise transmitted via the features, products and services provided by our Site.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact support@falak.com.

Communications between us

When we refer, in these Terms, to “in writing”, this will include e-mail.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Terms shall be in writing and shall be delivered by e-mail.
A notice or other communication shall be deemed to have been received one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

You will indemnify and keep us (including our agents, officers, directors, and employees) fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses, or liabilities whatsoever arising out of or in connection with your breach of these Terms or your use of our Site.
We shall not be liable to the User for delays or failures in performance or disruption of the content, features or services of our Site resulting directly or indirectly from Acts of God, forces or causes beyond its reasonable control, including but not limited to, internet failures, telecommunications or any other equipment failures, electrical power failures, labour disputes, riots, disturbances, fires, flood, storms, explosions, acts of war, governmental actions, orders of domestic or international courts.
You expressly understand and agree that the use of the features and services of our Site is at your own risk. We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. Also, any material or information downloaded or otherwise obtained through our Site is done at your discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose and non- infringement.
We makes no warranty that (a) the features and services provided by our Site will meet your requirements, (b) The service will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of our Site will be accurate or reliable, (d) The quality of any services, information, or other material purchased or obtained by you through the features and services of our Site will meet your expectations.
We have the right to access, preserve and/or disclose your account information and/or any information uploaded by you to our Site if we are required to do so by law, it is required by any law enforcement agency or if required by us for the enforcement of these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and any dispute or claim arising out of or in relation thereto (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
We both irrevocably agree that the courts in Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).