TERMS AND CONDITIONS
Adhan Inc is a company, providing digital adhan services and more, for the Muslim Community via a tabletop or wall mounted device. Adhan inc is based in DFW, Texas.
Subject to the terms and conditions set forth herein, Customer (as defined in the relevant Order) hereby engages Adhan inc, a Delaware-based company with its operating location in the state of texas, and Adhan inc hereby agrees to be engaged, to perform those certain services as specifically identified in an order for services executed by both Customer and Adhan inc (the “Order”). As used herein, the term “Agreement” means the Order combined with these terms and conditions.
1. Cancellations: Customer hereby authorizes Adhan inc to procure and ship the services described in the Order. Any and all cancellations must be provided in writing prior to shipment date, and receive written consent from Adhan inc. The normal processing time for orders is 72 hours during business days (Monday – Friday). After the order has been shipped, delivery time within the United States is 3-5 business days. During holidays or limited edition launches and restocks, this time may vary. If proper written cancellation is not provided, and/or the order has already been shipped by Adhan inc, Customer will be responsible for the order. For refunds, see below.
2. Refund Policy: Items that are damaged or defective must be reported to Adhan inc within five days of delivery. All product components, the original packing, and the order information must be included with returns. After starting the return process, the item(s) must be shipped back to Adhan inc within 5 business days.
Adhan inc reserves the right to refuse a return if parts or packaging are missing, or if an item is damaged during return shipping due to improper packaging. It also reserves the right to accept a return but remove a nonrefundable amount from your refund for the missing parts.
Send an email to info@myadhaninc.com to request return instructions and our mailing address.
Please take note that Adhan inc only offers pre-paid return labels for merchandise that consumers claim was delivered broken or defectively. Any other returns, such as cancellations, will require the customer to pay for shipping the items back. Adhan inc must be provided with the carrier’s information and the tracking number for any clients who are liable for their returns. No Refunds provided after 30 days of purchase.
3. Shipment: Domestic orders are shipped via UPS. Shipping rates vary on weight and location. In most cases, you can check the shipping rate at checkout. If the shipping rate is not displayed at checkout, please contact info@myadhaninc.com to determine the shipping rate. Packages undeliverable by UPS, FedEx, DHL and/or their international shipping partners will be canceled and refunded once received and processed.
4. Payment: Payment in full is due before shipment of any device unless otherwise expressly provided in the Order or in a separate written agreement between Adhan inc and Customer. All payment transactions shall be done via Adhan inc’s online payment portal. Once payment has been received, an electronic receipt will be provided that Customer shall keep as verification of payment.
5. Business Purpose: Customer represents and warrants that Customer will use all services provided from Adhan inc solely for the purpose intended, and under the permitted guidelines.
6. Force Majeure: Adhan inc shall not be liable for any failure to deliver or delays in delivery or performance due to causes beyond its reasonable control, including, without limitation, (a) delays in delivery or, (b) acts of Customer or others acting for or on behalf of Customer, (c) strikes or other labor difficulties, (d) governmental controls or actions, and/or (e) acts of God or other casualties. In the event of such failure or delay, the date of shipment or delivery shall be extended for a period equal to the time lost by reason of such failure or delay.
7. No Waiver: Any representation, affirmation of fact, course of dealing, usage of trade, promise or condition in connection with this Agreement not incorporated herein shall not be binding on either party. No waiver, alteration or modification of any of the provisions hereof shall be effective unless made in writing and signed by a duly authorized representative of Adhan inc. Waiver by any party of strict performance of any provision of this Agreement shall not be a waiver of or prejudice any party’s right to require strict performance of the same provision in the future or of any other provision of the Agreement.
8. Identity of Customer: The Customer for purposes of the Agreement shall be as set forth in the Order. If an individual executes the Order on behalf of a legal entity (i.e., a corporation, partnership, limited liability company, etc.), “Customer” shall mean such legal entity. By agreeing on behalf of a legal entity, such individual hereby represents and warrants that he/she has the full legal authority to sign the Order on behalf of such legal entity with the intention and authority to bind it.
9. Customer Obligations:
(a) Back-Up. Customer shall keep up-to-date backup copies of all of its engagement with or utilized by any Adhan inc service for recovery purposes. Adhan inc shall have no liability for any loss of information arising out of the provision of maintenance and support services to Customer.
(b) Cooperation. Customer shall provide Adhan inc all information, materials, and cooperation that Adhan inc deems necessary for the performance of Adhan inc’s obligations under the Agreement. Adhan inc shall have no liability for any delay in the performance of any obligation under the Agreement resulting from Customer’s failure to provide information, materials, or to cooperate as requested by Adhan inc.
(c) Compliance with Law. Customer shall comply with all laws and contractual obligations, including requirements of insurers, credit card issuers and other third party service providers, applicable to Customer’s use of any service described in the Order. Such laws and obligations include, but are not limited to, (i) state and federal statutes, (ii) rules and regulations governing record retention, (iii) billing error resolution, (iv) confidentiality, (v) data privacy and security, (vi) and claims and payment processing.
(d) Use in Accordance with Specifications. Customer shall abide by the services described in the Order in accordance with the operator and user guides and other manuals and technical information and specifications, whether in hard copy, electronic or other format, furnished by Adhan inc to Customer.
(e) Indemnification. Adhan inc shall have no liability for Customer’s failure to comply with its obligations under these terms and conditions. Customer shall defend, indemnify and hold harmless Adhan inc from and against any loss or damage, including attorneys’ fees, resulting from Customer’s breach or claimed breach of any such obligation.
10. Miscellaneous: The Agreement shall be governed by the laws of the state of Texas. The Agreement and any other written agreement between Adhan inc and Customer expressly referenced in this Agreement constitute the entire agreement between the parties as to the subject matter of the Agreement and supersede all other communications, oral or written. The invalidity of any term or provision of the Agreement shall not affect the validity of any other provision. The section and paragraph headings of this Agreement are for convenience only and are not intended to act as a limitation or expansion of the scope or meaning of the sections and paragraphs themselves.
11. Disclaimer of Liability. In no event shall Adhan inc be liable for any (A) Loss of profits or any indirect, special, consequential, punitive or incidental damages, however caused, even if Adhan inc has been advised of the possibility of such damages or losses; or (B) Claims made against Adhan inc more than 12 months after the related cause of action arose. Without limitation of the foregoing, Adhan inc shall have no liability for (C) Loss of customer information, however caused, or (D) Damages caused by malicious software, whether or not prevented or preventable by anti-virus intrusion protection software acquired from Adhan inc.
12. Indemnification
(a) Third Party Infringement Claims. Adhan inc shall defend, at its own expense, any action against Customer brought by a third party to the extent that the action is based upon a claim that the Adhan inc directly infringes upon any United States copyright or misappropriate any trade secret recognized as such under the Texas Uniform Trade Secrets Act. Adhan inc shall pay those costs and damages finally awarded against Customer in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action.
(b) Conditions. Adhan inc’s obligations under the preceding paragraph with respect to an action are conditioned upon Customer (A) notifying Adhan inc promptly in writing of such action, (B) giving Adhan inc sole control of the defense thereof and any related settlement negotiations, and (C) cooperating with Adhan inc in such defense (including, without limitation, by making available to Adhan inc all documents and information in Customer’s possession or control that are relevant to the infringement or misappropriation claim(s) and by making Customer’s personnel available to testify or consult with Adhan inc or its attorneys in connection with such defense).
13. Authorization
I hereby making a purchase , I acknowledge and accept all the terms and conditions herein, and agree to waive and release any and all claims, suits, or related causes of action against Adhan inc, their staff, owners, officers, employees or agents for any injury, loss, costs, or other damages to me, my heirs, my business, or third party claim suits. I further release, indemnify, defend and hold Adhan inc, its affiliates and associates harmless from any liability whatsoever for future claims presented for me or my business losses, inaccuracies, or damages, or any other occurrences that may arise.