Terms & Conditions

Introduction

This website, and the associated mobile application Labayk, collects some personal data from its Users which is used for the purposes listed below. In particular, personal information collected via the mobile application will be sent to this website in order to improve the user experience. By signing up to Labayk on www.labayk.com or via the mobile application, you agree to the collection, storage and use of your personal information as explained below. Any reference below to the website below also refers to the mobile application where applicable​

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Labayk Inc Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Labayk Inc Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Labayk Inc Limited and accessing the Website in connection with the provision of such services.

You must be at least 13 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 13 years of age.

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Intellectual property and acceptable use

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1. All Content included on the Website, unless uploaded by Users, is the property of Labayk Inc Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

2. You may, for your own personal, non-commercial use only, do the following:

a. retrieve, display and view the Content on a computer screen

b. print one copy of the Content

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Labayk Inc Limited.

4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website, except with the written permission of Labayk Inc Limited.

5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Labayk Inc Limited for all claims resulting from Content you supply.

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Prohibited use

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6. You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

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Registration

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7. You must ensure that the details provided by you on registration or at any time are correct and complete.

8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

10. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

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Password and security

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11. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

12. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

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Links to other websites

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13. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Labayk Inc Limited or that of our affiliates.

14. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

15. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

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Privacy Policy and Cookies Policy

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16. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.

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Availability of the Website and disclaimers

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17. Any online facilities, tools, services or information that Labayk Inc Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Labayk Inc Limited is under no obligation to update information on the Website.

18. Whilst Labayk Inc Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

19. Labayk Inc Limited accepts no liability for any disruption or non-availability of the Website.

20. Labayk Inc Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

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Limitation of liability

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21. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

22. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

23. To the maximum extent permitted by law, Labayk Inc Limited accepts no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

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General

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24. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

25. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

26. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

27. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

28. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

29. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

30. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

31. Allocation of usernames is on a discretionary basis. Usernames may be withdrawn or rejected by Labayk if they are inappropriate, offensive, in bad taste, illegal, subject to copyright, used for cyber-squatting purposes or any other reasons at the sole discretion of Labayk.

32. These terms and conditions are subject to change without any prior notice.

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Labayk Inc Limited details

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33. Labayk Inc Limited is a company incorporated in England and Wales with registered number 11919858 whose registered address is 71-75 Shelton Street, London, WC2H 9JQ and it operates the Website www.labayk.com.

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You can contact Labayk Inc Limited by email on info@labayk.com.

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01 April 2020

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Privacy Policy

PRIVACY POLICY

Welcome to Labayk. This Privacy Policy is here to help you understand how we treat any personal information that you share with us when you use the Labayk mobile apps or the Labayk website. This Privacy Policy explains how we collect, use, disclose, and protect visitors and users information. Any discussion of your use of the Service in this Policy is meant to include your visits and other interactions with the Sites and Services, whether or not you are a user of this Community.

WHO ARE WE?

The mobile apps, and website, (herein, collectively known as “Site”) are operated by Labayk Inc Limited. (“Labayk”, ”we”,”us” and/or “our”). Labayk, the global organizer of the Labayk community “community”), is a registered Limited Liability Company registered in the United Kingdom.. The data controller responsible for your personal data is Labayk with whom you contract as a customer, member or membership applicant (“Labayk”, “we”, “us” and/or “our”).

WHAT IS THIS PRIVACY POLICY IS FOR?

This privacy policy (“Privacy Policy”) applies to personal data that we collect from you as a user of this app or as a visitor, member, subscriber, or customer (“you” or “your” being interpreted accordingly). It provides information on what personal data we collect, why we collect personal data, how it is used and the lawful basis on which your personal data is processed, and what your rights are under the applicable data protection and privacy laws, including the General Data Protection Regulation (“GDPR”). Any policy applicable to the app is also applicable to the website where relevant.

USER DATA POLICY

WHAT DO WE MEAN BY PERSONAL INFORMATION?

‘Personal Data’ as used in this Privacy Policy means any information that relates to you from which you can be identified. Personal information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

Personal Information does not include “User Metrics data” which we define as encrypted information or aggregated data we collect about a service, features or users which does not contain personally identifying information. Usage Data helps us understand trends in the usage of the Service so that we can better consider new features or otherwise tailor the Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners, and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes. We do not share Usage Data with third parties in a way that would enable them to identify you personally.

By using our app or submitting your personal data on our website, you are deemed to have accepted the terms of this Privacy Policy, so please read it carefully.

PERSONAL DATA WE COLLECT AND HOW WE USE IT.

INFORMATION YOU VOLUNTARILY PROVIDE TO US DURING REGISTRATION:

We collect some personal information about users when they register for an account or contact us through enquiry forms, their contact details including their First Name, Surname, Gender, Birthday, Email Address and Contact Number which will be kept confidential from other users and will be shared with others only after the user’s consent & permission. You may also provide at your own discretion certain related information like your social media websites URL’s, a list of your interests, the date you started using the Service and a description of yourself. 

Personal Data may include, but is not limited to the below:

Your Full Name, Email Address and Profile Picture

Gender

Birthday

Phone number

Age

Location

Address

Your website URL and Name

Company name

Reason for Use: These details are used to create a unique identity for each user in the community.

During Sign Up, users must accept our Terms & Conditions and Privacy Policy before providing such details.

INFORMATION COLLECTED FROM DEVICE

When users of the community access the app, we collect some personal information of the User’s device like Email Address and Contact Numbers, which is done only after the User’s consent. The app asks permission if the user allows accessing these details and only after consent are these details used in the Application. 

Reason for Use: These details are used to invite users added in the mobile device to our community, and to add connections with mutual users of the device and the community.

This can include the below details:

– Email Address

– Contact Number

– Audio Modifier to manage volume of the audio being listened within the app

– Device Modifier which is the users’ device Unique Id

– Microphone and Audio Permission

– Access to Camera and Gallery

– Device Advertising ID

– Bluetooth Permission

BLUETOOTH ACCESS

Our mobile apps may ask permission to access the Bluetooth functionality of the user’s device in order to connect audio / video calls or listen to music across the app through a wireless connection.

CONTACT NUMBER AND EMAIL ADDRESS (READ_CONTACT PERMISSION)

When Users access the app, we might ask permission for access of CONTACT NUMBER and EMAIL ADDRESS of users present in the mobile device. These details are used to invite users added in the mobile device to our community, or to add connections with mutual users of the device and the community.

It can include the below details:

– Email Address

– Contact Number

LOCATION / GPS ACCESS

We might fetch users’ location before allowing access to the app, but we always seek permission from the user beforehand and will only fetch such information if we are granted permission by the user.

Reason for Use: Access of location is used for the purpose of filtering the content across the app based on the selected location, set default location of the app as per the user’s requirement, for check-in purposes and to create content for any specified location etc.

ACCESS TO CAMERA / GALLERY / MICROPHONE

Members of the mobile apps can upload audio, photos, videos and capture images/videos in the mobile apps. To do so, the mobile app will access the camera, microphone and gallery of the device. We always seek consent from users before accessing the camera, gallery / SD card of the device, microphone, etc.

DEVICE IDENTIFIER

When you access our Service using any mobile devices, we may access, collect, monitor, and/or remotely store one or more “device identifiers,” of the device. A device ID (device identification) is a distinctive number associated with a smartphone or similar handheld device, these are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

It is also used for sending Push Notifications in the device.

STORAGE

When the user saves files through the mobile aApps like images, videos, audios, these get stored in the internal storage / gallery of the device.

ACCESS TO PASSWORD / PROTECTED AREAS

Only users with login passwords can access the password-protected areas of Labayk. The user identity will be provided by us while the user shall define the login password, which shall be encrypted and stored on the server. We strongly recommend that the password is kept confidential by users at all times.

ANALYTICS INFORMATION

We use third-party analytics tools like Firebase to help us measure user traffic for the Service. These tools collect information sent by your browser as part of pages request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Service. We may collect and use this analytics information together with your Personal Information to build a broader profile of our individual users so that we can better serve you. We also use it to monitor aggregate app usage metrics such as total number of visitors and pages viewed.

ADVERTISEMENT

We may display advertisement across the app using third party ads like Google Ads . In this case, we use Google Placement Id to fetch Google Ads in the App. We do not manage other features like the targetting of Ads to users, these are being managed by Google itself using their own privacy policy.

INFORMATION WE MAY COLLECT FROM THIRD PARTIES

We may receive information about you from other sources. For example, if you use third-party software through the app, they may transfer information to us for fulfilment. For example, if you access our app or Service through a third-party connection or log-in or connect to our service using a social media account (e.g. Facebook, Twitter, etc.) that third party  may pass certain information about your use of its service to Labayk. This information could include, but is not limited to, the User Token, User ID associated with your account or any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service. Such information will be saved in an encrypted form by Labayk.

EXTERNAL WEBSITE’S LINK

Our Service and Application may contain links to other websites except our services. These may include links like Facebook, YouTube, Twitter, Vimeo or any external website links. Please be aware that we are not liable for the privacy practices or content of such external websites and applications operated by third parties.

In addition, you agree that we are not responsible and do not control any third parties that you authorize to access your user content or related data. If you are using a third-party website or service and you allow such a third-party access to your user content, you do so at your own risk. This policy applies only to information collected by our Service.

COOKIES

We may log information using cookies, which are small data files stored on your browser by Labayk. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the app and community. 

Note that disabling cookies on your mobile device or browser may prevent us or our business partners from tracking your browser’s activities in relation to the Service. However, doing so may disable many of the features available through the Service.

A cookie is a small text file that is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website. The cookie will collect information relating to your use of the Website, information about your device such as the device’s IP address and browser type, demographic data and if you arrived at our Website via a link from a third-party site, the URL of the linking page.

We also have the option for users to remember your information so that you will not have to re-enter it during your visit or the next time you visit our app.

ACCOUNT DELETION RIGHTS

The users of Labayk have the right and access to delete their account from the platform. If done so, all relevant data collected and saved on the server will be permanently removed from the database as well as the Server and there will no further details saved at our end.

PAYMENT PROCESS

We do not have a native Payment Process within the app but may have Payment through webview. Users may be able to purchase paid packages created within the app, purchase products, etc through different payment methods. But, we do not store or save any Payment Accounts like Paypal, Credit / Debit Card details at our end. These details are added by the user while making a payment and are only saved by the respective Payment Methods (which are the third party) like PayPal , PayU Money, etc. We do not save any details at our end. We will just save order details, billing addresses which are internally added by the Users while making a purchase. This is done only after user’s consent.

How do we use the information we collect?

We use the information we collect to provide our products to you and make them better, develop new products, and protect our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better.

We also use the information we collect to offer you customized content, including:

Sending you updates (such as when certain activity, like shares or comments), marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that include posts you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).

Help your friends and contacts find you on this app. For example, if you sign up using a Facebook account, we may help your Facebook friends find your account on this app when they first sign up. Or, we may allow people to search for your account using your email address (subject to your consent).

Respond to your questions or comments.

What choices do you have about your information?

Our goal is to give you simple and meaningful choices over your information. If you have an account, many of the choices you have on this are built directly into the product or your account settings. For example, you can:

Access and change the information in your profile page at any time.

Link or unlink your account from an account on another service (e.g., Facebook or Twitter). For some services (like Facebook), you can also choose whether or not to publish your activity on to that service.

Your mobile device may provide you with choices around how and whether location or other data is shared with us.

How do we share the information we collect?

People use this website to find their inspirations, make them a reality, and inspire others in the process. When you post public updates, anyone can view them. You may also provide us with profile page information that anyone can view. The other limited instances where we may share your personal information include:

When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you’ve chosen to link to your account to those services or publish your activity to them. For example, you can choose to publish your posts to Facebook or Twitter.

If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person; or to detect, prevent, or otherwise address fraud, security or technical issues.

We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.

We might also share aggregated or non-personally identifiable information with our partners or others who are linked with our Services.

PROTECTION OF INFORMATION

We at Labayk, are committed to securing the personal information shared by Users. We use various technologies that helps to secure Users personal details and other related information in various ways. We have standard and high-quality SSL Certificates installed at our server which transmit data in an encrypted form. Our database is secured under a security Layer which is Private Subnet. Any external attack cannot break our protective firewall and security layer thus, information and details like images and other contents are protected using Cloud Fronts.

OUR POLICY ON CHILDREN’S INFORMATION

We are not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.

NOTE TO USERS

During the collection of information on the Profile Pages on the app, you are required to provide your applicable contact information (such as name, e-mail address or phone number). 

All the sensitive information is collected only when you provide us with your consent. We would discontinue our services if your consent is not received (you affirm your consent by accepting our terms and conditions).

Users are responsible to manage the information they provide us. You can amend your personal information in case of any changes. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), Labayk has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, at our sole discretion, discontinue the provision of the Services to you.

GDPR COMPLIANCE

IF YOU’RE A USER OR VISITOR IN THE EUROPEAN ECONOMIC AREA THESE RIGHTS ALSO APPLY TO YOU. WE ARE COMPLIANT WITH THE APPLIANCE OF GDPR (GENERAL DATA PROTECTION REGULATION 2016/679) COMPLIANCE.

Data Protection Officer

We have a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. You may contact this officer if you have any questions about our privacy practices or the way in which we have been managing your personal information. This Data Protection Officer can be reached here: info@labayk.com

HOW DO WE MAKE CHANGES TO PRIVACY POLICY?

We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use this app after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide a more prominent notice or obtain your consent as required by law.

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