Tarteel's Terms of ServiceLast Updated: April 2, 2021
Tarteel websites ("Websites") and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Tarteel, Inc. (“Tarteel,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”).
By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you’re using our Services for an organization or institution, you’re agreeing to these Terms on behalf of that organization.
Tarteel may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
Description of Services Offered
The service allows users to access and use a wide variety of educational and reference services, including reciting the Holy Quran and tracking recitation progress. Tarteel may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Your License to use our Services
Subject to the terms and conditions of this Agreement and any agreement entered into by your organization relating to the Services, Tarteel grants you a limited, non-exclusive, non-transferable, license to access and use the Services. You shall not (a) copy the Services or any part, feature, function or user interface thereof (b) attempt to gain unauthorized access to the Services or its related systems or networks; and (c) reverse engineer the Services (to the extent such restriction is permitted by law).
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Tarteel; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Tarteel, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
As a condition of submitting any information, data, text, photographs, audio clips, audiovisual works, translations, or other materials on the Services (“Content”), you hereby grant to Tarteel a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Tarteel, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Tarteel have any obligation to you or anyone else to maintain the confidentiality of the Content.
License to Apps
Subject to the terms of these Terms and Conditions, Tarteel grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Tarteel and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store.
You acknowledge and agree that these Terms and Conditions are solely between you and Tarteel, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions.
You and Tarteel acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Tarteel acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Tarteel, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App.
You and Tarteel acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
If you purchase an auto-renewing periodic subscription through the Service, your Tarteel account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Tarteel account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Tarteel account registered to you. Tarteel may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
In the event that Tarteel suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any Content or data associated with your use of the Service, or for anything else.
Tarteel Promotion Codes (each a “Promotional Code”) are made available by Tarteel (either directly or through a partner) subject to the Terms and Conditions of Service (“Terms and Conditions”). Each Promotional Code is made available in connection with a form of an auto-renewing periodic subscription (as defined in the Terms and Conditions).
Each Promotional Code provides access to Tarteel Premium: A. at the price advertised; and B. beginning the moment that you confirm your acceptance of the Promotional Code by submitting valid payment details that are accepted by Tarteel (the “Promotional Period”); and C. in some circumstances, subject to an overall limit of allowed redemptions of that Promotional Code. By submitting your payment details, you (i) confirm your acceptance of the Promotional Code advertised; (ii) accept and agree to these Promotional Code Terms; and (iii) acknowledge and agree to the Terms and Conditions.
In order to be eligible for a Promotional Code, users must satisfy all of the following conditions (each an “Eligible User”): A. Unless you are subscribing to a Promotional Code that is advertised as available to current subscribers, you must not be a current subscriber. B. Provide Tarteel with a valid and current payment method that is approved by Tarteel. C. Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Promotional Code. Eligible Users may accept a Promotional Code once - previous users may not redeem the offer again.
A Promotional Code must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, Tarteel reserves the right to modify, suspend or terminate a Promotional Code at any time and for any reason, in which case we will not honor subsequent Promotional Code enrollments.
Duration and cancellation
Unless you cancel your subscription before the end of the Promotional Period, you will automatically become a recurring subscriber and your Tarteel Premium subscription will continue to automatically renew for additional periods equal to the expiring subscription term, unless you cancel before the end of the relevant subscription term pursuant to Tarteel's terms and conditions. The payment method you provided will automatically be charged for the then-current subscription price. If you cancel during the Promotional Period, you will lose access to Tarteel Premium and you understand and agree that you will receive no refund or exchange of any kind, including for any unused Content or data associated with your use of the Service, or for anything else.
Termination of Services
You have the choice to stop using our Services at any time. We reserve the right to suspend or end the Services at any time at our discretion and without notice, if you are not complying with Tarteel’s Terms of Services, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for paid accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll provide you with notice via the email address associated with your account before we do so.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, Tarteel, its affiliates, suppliers, and distributors make no warranties, either express or implied, about the services. The services are provided “AS IS” and we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TARTEEL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.
Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Third-Party Links, Sites, and Services
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Tarteel on the Service are subject to change. In consideration for Tarteel granting you access to and use of the Service, you agree that Tarteel and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
No Third Party Beneficiaries
The parties do not intend to confer any right or remedy on any third party.
Limitation of Liability
You agree to defend, indemnify and hold harmless Tarteel and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Tarteel shall not be liable for any delay or failure to perform any obligation hereunder due to causes beyond its control, including without limitation, war, riot, insurrection, civil commotion, terrorist activity, fire, industrial disputes of whatever nature, acts of nature, computer crimes, epidemics, acts or omissions of third party vendors or suppliers, equipment failures, public enemies of government, failure of telecommunications, system malfunctions, fire, or other casualty.
Representations and Warranties
You represent and warrant to Tarteel that your access and use of the Services will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.
Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Tarteel or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Tarteel, all data, information and materials generated from your access and use of the activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Tarteel, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Tarteel any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Tarteel or its licensors that are not expressly granted in these Terms and Conditions are reserved to Tarteel and its licensors.
“Tarteel” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Tarteel or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Tarteel name or any Tarteel or third-party trademarks, service marks, graphics or logos.
These Terms constitute the entire agreement between you and Tarteel with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
These Terms constitute the entire agreement between you and Tarteel with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Tarteel's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Tarteel may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.