Last Updated: 20/03/2012
12. CHILDREN UNDER 18
The Service is intended for the use of Users over the age of 18. Please note that the Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is NOT INTENDED FOR USE BY CHILDREN UNDER 18 YEARS OF AGE. If it comes to HAFIZ BROS LTD \'s attention through reliable means that a User is a child under 18 years of age, HAFIZ BROS LTD will cancel that User\'s account and will delete all information regarding such User from HAFIZ BROS LTD \'s system and records.
13.1 HAFIZ BROS LTD reserves the right in its the sole discretion to (1) make improvements, corrections, adaptations, conversions and/or any other change in the Service, or any part thereof, and/or to a revised or new Terms of Service; or (2) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Service or any part thereof, to all Users or any number thereof including without limitation, the use of or access to the Service, granted to you or to any other User, at any time, without notice, for any reason or no reason.
13.4 Software from the Service or the HAFIZ BROS LTD Web site is further subject to United Kingdom export controls. No such software may be downloaded or otherwise exported or re-exported.
13.6 Any reference made in this document to HAFIZ BROS LTD shall be deemed to have been made to HAFIZ BROS LTD , its subsidiaries, successors, assignees, affiliates as well as any company that controls HAFIZ BROS LTD , directly or indirectly, and any other subsidiary of that controlling terms of Service by completing the relevant online forms and by clicking the "I Accept" button when presented with it, you will not be permitted to continue with the registration and application process, nor will you be permitted to use the Service.
The official language of the HAFIZ BROS LTD Terms of Service shall be the English language. In the event of any conflict or inconsistency between the English language version of the HAFIZ BROS LTD Terms of Service and any other version, the English language version shall control and be binding.
1. THE SERVICE
Specific information regarding Service, please contact HAFIZ BROS LTD�s Customer Service Department.
In consideration of your use and enjoyment of the Service, you agree to pay a per Money Transfer fee to HAFIZ BROS LTD. HAFIZ BROS LTD \'s fee schedule is subject to change from time to time in HAFIZ BROS LTD \'s sole and absolute discretion.
3. CURRENCY EXCHANGE
Money Transfers shall be paid to Beneficiaries in the official currency in use in the destination country at the time of payment of a Money Transfer (or in UK pounds in certain destination countries only). With respect to Money Transfers that involve the exchange of the User\'s funds to a different currency a currency exchange rate will be applied (in addition to, and not in lieu of the fee applicable to such Money Transfer). HAFIZ BROS LTD obtains the currency for such Money Transfers at a wholesale rate that fluctuates, but may approximate the wholesale rate for such currency listed in newspapers or television. The difference between the retail rate and the wholesale rate will be kept by HAFIZ BROS LTD or its correspondent in the destination country as revenue, in addition to any fees.
Refunds of the Money Transfer amount, and subsequent cancellation of the underlying transaction, will be made upon the User\'s valid written request if payment of the Money Transfer has not yet been made to the Beneficiary at the time the refund request is processed by HAFIZ BROS LTD. To stop a payment, HAFIZ BROS LTD first will have to check with its paying correspondent to determine whether payment of the Money Transfer has been made to the Beneficiary. If HAFIZ BROS LTD can confirm that payment has not been made, the funds will be returned and HAFIZ BROS LTD will refund such amount to the User, less any applicable fees and/or service charges. Except in the case of events beyond HAFIZ BROS LTD�s control, it is HAFIZ BROS LTD�s policy to refund the amount of the Money Transfer within fifteen (15) business days after receipt of the written refund request. In cases where the Money Transfer funds were not made available to the Beneficiary within the time frame specified by HAFIZ BROS LTD for the Service, subject to the regular business hours at the Money Transfer destination location, HAFIZ BROS LTD shall refund the Money Transfer fee as well as the Money Transfer amount within fifteen (15) business days after receipt of the User\'s written request to refund same. Normally, these funds should be in HAFIZ BROS LTD�s possession within fifteen (15) business days. Should a refund be delayed for any reason, HAFIZ BROS LTD will notify the respective User. If the Money Transfer was purchased in a foreign currency, the refund will equal the amount of U.S. dollars that can be purchased at HAFIZ BROS LTD�s prevailing buy rate on the date of the refund.
5. USERNAMES AND PASSWORDS
As part of the registration process, you will be asked to select a username and password. You are solely responsible to maintain the confidentiality of your username and password, and to monitor and police the use thereof. For any and all activities that are conducted using such username and password, you agree not to transfer, resell, give access to, or allow any third party to use your username or password for any reason whatsoever.
6. THIRD PARTY LINK AT HAFIZ BROS LTD
the Service and/or the HAFIZ BROS LTD Web site may include link a HAFIZ BROS LTD to third party websites. These links at HAFIZ BROS LTD allow you to exit the Service and/or the HAFIZ BROS LTD Web site and enter third party websites. These links at HAFIZ BROS LTD are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by HAFIZ BROS LTD and HAFIZ BROS LTD is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply HAFIZ BROS LTD�s sponsorship or endorsement of the linked site. In no event shall HAFIZ BROS LTD be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties\' websites or the information, advertising, products, resources or material accessed through these websites. HAFIZ BROS LTD reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from the Service and/or the HAFIZ BROS LTD Web site.
7. INTELLECTUAL PROPERTY
The Service, the HAFIZ BROS LTD Web site, and all information contained therein, including without limitation the look and feel of the site and all design, text, images, trade names, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under UK and other copyright laws and is owned by HAFIZ BROS LTD or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to the Service, the HAFIZ BROS LTD Web site, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by HAFIZ BROS LTD. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without HAFIZ BROS LTD \'s prior written consent, except to the extent that such use is expressly authorized under the UK copyright laws. HAFIZ BROS LTD \'s trademarks, trade names, logos, images, and, service marks used on this site are the property of HAFIZ BROS LTD and may not be used without prior written permission from HAFIZ BROS LTD and then only with proper acknowledgment.
Disclaimer of warranties
9.1 the service is provided to you by hafiz bros ltd on an "as is", "as available" basis. You expressly agree that your use of the service is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the service is given or assumed by hafiz bros ltd ; all such warranties, representations, conditions, undertakings and terms are hereby expressly excluded. Hafiz bros ltd makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free.
9.2 hafiz bros ltd makes no representations as to the suitability of the information available on or through the service or the hafiz bros ltd web site for any purpose or about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or current ness.
9.3 hafiz bros ltd does not warrant or guarantee: (1) that any information available on or through the service or the hafiz bros ltd web site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the functions or services performed by hafiz bros ltd in connection with the service will be uninterrupted or error-free or that defects in the service will be corrected; or (3) that the service will achieve any particular result. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software, and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user\'s information or system
10. Limitations of liability
10.1 in no event shall hafiz bros ltd be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, or loss of savings), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, or inability to utilize the service, even if hafiz bros ltd shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you, but shall apply, in any event, to the maximum extent possible.
10.2 in no event shall hafiz bros ltd be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the service or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through the service hafiz bros ltd shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through the service or the hafiz bros ltd web site.
10.3 you expressly agree to indemnify and hold hafiz bros ltd , and its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, correspondents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys\' and experts\' fees, made by any third party due to or arising out of your information, your use of or connection to the service or the hafiz bros ltd web site, your violation of the hafiz bros ltd terms of service, or your violation of any rights of any other user or other third party.
11. Governing law; jurisdiction; dispute resolution
11.2 A trial by jury on all matters is hereby expressly waived by the parties. In the event of any action or proceeding between the parties arising out of or relating to this agreement, the prevailing party shall be entitled to recover and shall be awarded, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys\' and expert witnesses\' fees and expenses) incurred in any such action or proceeding and any appeal in connection therewith. The parties acknowledge and agree that, they are waiving all rights to a trial by court or jury as a means of resolving any disputes arising out of or relating to the service. The parties agree that neither of them shall have right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties.