ARTICLE 1 – PREAMBLE

Everyone who browses or uses Nikahcontract.com (“Site”), whether as a Visitor or a User, expressly accepts these General Terms and Conditions of Sale (“GTCS”) and agrees to comply with them for each order placed on the platform.

The GTCS are available for review on the Site and may be modified at any time at the discretion of Digital Mariage without any formality other than their posting online. Only the latest version online, or the version online at the time of the events in question, will be applicable to the parties.

Visitors agree to review the legal notices available on the Site.

Use of the Site’s services implies unreserved acceptance of these general terms and conditions of use and sale.

ARTICLE 2 – PARTIES

Digital mariage is a Corporation under Swiss law, whose registered office is at 6 Place de L’Université, 1205 Geneva, Switzerland and whose UID (Company Identification Number) is CHE-281.766.609. It publishes and operates the Site.

“Visitor” is a natural person browsing the Site.

“User” is a natural person using the Site.

ARTICLE 3 – PURPOSE

The purpose of the following provisions is to define the contractual rights and obligations of Digital Mariage – publisher of the Nikahcontract.com website – and of the users of said website in the context of electronic remote sales.

Nikahcontract.com provides Visitors and Users with a platform of services and information to facilitate their access to the law, and especially:

• To customize Muslim marriage contracts and related documents (for a fee).
• To provide information on legal issues related to Muslim marriage (for free).

Digital Mariage and Nikahcontract.com do not provide any legal, matrimonial or religious advice, and do not interfere in the customer’s choices.

The site is in no way:  

• A school or religious institution
• A Muslim law or notary firm
• A committee providing legal advice or a group of scholars or students answering questions.

ARTICLE 4 – THE DOCUMENT CUSTOMIZATION AND DELIVERY SERVICE

The purpose of the Site is to offer Internet users an automated service for drafting Muslim marriage contracts, as well as certain other ancillary documents sold individually.

Users can compose and generate a document through a series of questions/answers and pre-established clauses to choose from in order to customize each marriage contract according to each individual’s specific needs. Users also have the option of adding personal remarks, arrangements or requirements at various points in the contract, enabling them to tailor the contract precisely to different personal situations which, by definition, are unique.

The purchase of a customized marriage contract always comes with a customized Muslim marriage certificate in the same way.

The Site also offers visitors or users a series of free legal guides concerning the various aspects of the Muslim marriage contract.

Final customized documents in the form of computer files in PDF format are sent by email to the addresses provided by the user(s) as soon as the latter pays the per-unit payment displayed on the site.

To ensure satisfactory availability of the document(s) ordered, the Customer must provide a functional, durable and non-temporary or disposable e-mail address.

The Customer is informed that he/she must ensure the proper functioning of his/her email address, and that in no case will Digital Mariage be held responsible for the consequences of the choice of level of reliability or security chosen by the Customer to receive, protect or secure his/her email address and which may prevent Digital Mariage from delivering its products or contacting the Customer by this means.

The Customer is aware that he/she is subscribing to intangible services that can be consulted and used via the Internet using a functional computer and that under no circumstances can the Customer require Digital Mariage to send files by fax, mail, paper or any other type of medium.

ARTICLE 5 –  CHARACTERISTICS OF GOODS SOLD

Digital Mariage offers for sale on the site its entire catalog of products (marriage contracts) that the User can customize.

The format used will mainly be PDFs (Portable Document Format) or other types of files, which can be consulted both online and offline. The Customer expressly declares that he/she is capable of consulting these ordinary and customary document formats.

The content of products customized by Customers is not contractually binding. If errors are introduced, Digital Mariage cannot be held liable.

The features of the Services sold may be modified as part of updates. In this case, the content, links, number of pages or characters may vary from one version to another, but always in the interest of the integrity of the Service offered, and with a view to better quality and greater legal security for the Customer.

ARTICLE 6 – PRICES AND TERMS OF PAYMENT

In principle, prices include all taxes and fees, unless otherwise indicated.

The Site offers the sale of individual documents.

The Site provides Users with a catalog of templates to be completed in order to create Muslim marriage contracts.

The sale prices of the templates, all taxes included, are specified in the catalog.

Digital Mariage reserves the right to change its prices at any time by publishing them online.

Only the prices in effect at the time of the order will apply.

Prices are indicated in the currency of the country in which the services are offered, all taxes included, or failing that, in dollars or euros.

Prices include taxes applicable on the date of the order, and any change in the rate of these taxes will automatically be reflected in the price of the products in the catalog.

The total amount of the order, including all taxes, is indicated before final confirmation of the order form.

Payment in full must be made at the time of ordering. Without prior payment, accepted and confirmed, no file will be sent to the user.

A purchase invoice will be sent to the buyer upon completion of the sale or provision of services.

ARTICLE 7 – ACCESS, USE AND CONTACT

Access, use and purchases made on the Site are reserved for natural persons of legal age who are competent or authorized to do so according to the law in force in the user’s country of residence.

Digital Mariage reserves the right to request any document proving the User’s age.

Digital mariage, at its discretion, may at any time suspend, limit or interrupt the Site in order to make updates, modifications to its content or any other type of change that may be necessary.

The User agrees to make strictly personal use of the Site and not to use the Site, its content or its services for illicit purposes or for commercial, advertising or spamming purposes.

The Site may only be used for lawful purposes.

Specifically, the Site may not be used in a way that:

• violates the laws in force in the user’s country of residence;
• violates the rights of third parties;
• is manifestly fraudulent;
• is intended to transmit unwanted or unauthorized advertising or promotional material or other similar advertising (spam);
• serves to transmit viruses, Trojan horses or other harmful programs.

ARTICLE 8 – AVAILABILITY OF THE SITE

The Site is accessible free of charge to all Visitors and Users with Internet access at their disposal.

Digital Mariage endeavors to provide access to the Site 24 hours a day, 7 days a week, without guaranteeing availability to Users.

Digital Mariage cannot be held liable in the event of inability to access the Site.

ARTICLE 9 – RIGHT OF RETRACTION

Digital Mariage declares that there is no right of retraction once it has provided its contract creation service and the corresponding files have been acquired.

Digital mariage states that its services are intangible, individualized and sent immediately after confirmation of payment.

There is no right of retraction applicable for products delivered by NikahContract.com insofar as these have customized features based on the user’s preferences recorded in the contract, as well as the user’s choice of decorations, made directly available to the user by the website.

Digital Mariage sells intangible services that are highly individualized and sent immediately upon confirmation of payment.   

Therefore, when the customer purchases a customized wedding contract on the contract automation platform, the customer explicitly acknowledges that he or she has no right of retraction.   

Similarly, and in view of the privacy policy regarding the use of customer data, no duplicates can be provided.

Article 10 – INFORMATION

For any question or request for information about the products offered by the Site or concerning the Site itself, or to report illicit content or activities, Users may send an email to the following address: contact@nikahcontract.com or send a registered letter with acknowledgement of receipt to the following address: Digital Mariage – customer service – 6 Place de L’Université 1205 Geneva – Switzerland or leave a message on our contact form (recommended).

ARTICLE 11 – PERSONAL DATA

We undertake to comply with rules governing the protection of our customers’ personal data in accordance with regulations in force. We collect and process only the data required to process your orders, and never use it for advertising or marketing purposes. We make every effort to ensure the security and confidentiality of your data, and keep it only for as long as is necessary to provide our services.

ARTICLE 12 – INTELLECTUAL PROPERTY

All elements of the Site, including but not limited to design, text, specific information, graphics, images, programming elements, and databases, taken together or separately, are the exclusive property of Digital Mariage, according to the provisions of Article 2, para. 1 and under the Swiss Copyright Law (LDA).

Under no circumstances may Visitors or Users use the basis of the Service to create documents or services that compete with or harm Digital Mariage, particularly commercially or financially. Any reproduction or representation contrary to the principle of simple private use, in any form whatsoever, any resale on any medium whatsoever, in whole or in part, is strictly prohibited.

Access to the Digital Mariage site in no way constitutes recognition of a right and, in general, does not confer any intellectual property right to any of the elements of the Site, which remain the exclusive property of Digital Mariage.

Any representation, reproduction, adaptation or partial or total use of the content, trademarks and services offered by the Site Digital Mariage by any process whatsoever, without the prior, express and written authorization of the company Digital Mariage is strictly prohibited and likely to constitute an infringement under the Swiss Code of Intellectual Property.

It is forbidden for Users to add data to the site that could alter its content or appearance.

In all cases, Digital Mariage intends to comply with Swiss copyright and intellectual property law for the protection of its entire Site and the content offered for sale or otherwise.

ARTICLE 13 – LIABILITY

Digital Mariage is only liable for content that it has published and made available online.

Digital Mariage cannot be held liable in the following situations:

• If the site is not compatible with any hardware or software of any kind whatsoever.
• Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from difficulties with using the site or its services, or from an error made by the User when using the site or its services.
• Lack of reliability or security of information circulating on the Internet.
• Illegal use of the site, without Digital Mariage‘s knowledge.

The User is responsible for:

• Protecting his/her own equipment and data
• Any failure by the User to comply with these terms and conditions. Digital Mariage cannot be held liable for any use of the Site other than for the purposes defined herein;
• Digital Mariage cannot be held liable for any use made of the information contained on the Site.

In particular, the User acknowledges that he/she bears full responsibility for the choice, customization and use of the document prepared using the services provided on the Site.

The User is aware that NIkahcontract.com does not provide legal, religious or matrimonial advice, and that use of the Site is not intended to be a substitute for specialist advice on the subject.

Therefore, for any specific legal or religious question, the User is informed that he/she should contact professionals who are competent in their field and duly authorized, where applicable by law, to provide this type of service.

ARTICLE 14 – APPLICABLE LAW AND VENUE

The head office of Digital Mariage is located in Switzerland.

Therefore, these terms and conditions are subject to Swiss law.

In the event of a conflict, dispute or claim, the User may contact Digital Mariage to seek an amicable solution.

These GTCS, as well as any claims, legal actions, and any type of dispute arising therefrom or related thereto, are governed by Swiss law regardless of the User’s country of origin or the country from which the User accesses the Site.

The invalidity of any provision of these general terms and conditions shall not invalidate the general terms and conditions of sale themselves.

Failing amicable settlement, the dispute will be brought before the Swiss courts with proper jurisdiction.