Terms And Conditions

Ikhlas Hajj and Umrah Services is a private company. Ikhlas Hajj and Umrah Services is not associated with Canadian or foreign government offices or embassies. Ikhlas Hajj and Umrah Services are not responsible for granting or denying documents. We act solely as agents for travelers in arranging services provided by third parties, such as airlines, hotels, buses, or other transportation suppliers, in connection with our Hajj and Umrah packages (hereinafter referred to as “Service Providers”). The terms “we,” “us,” “our,” and “Ikhlas Hajj and Umrah Services” refer to Ikhlas Hajj and Umrah Services Inc., a Canadian corporation, including its subsidiaries and affiliates. The term “you” refers to the customer visiting the Website and/or booking a reservation through us online, our offices, or our customer service representatives.

Our Website provides information regarding pilgrimage destinations, airfare, accommodations, travel packages, insurance, transportation, foreign currency, schedules, and other services. While Ikhlas Hajj and Umrah Services strive to ensure the accuracy and currency of the information supplied by Service Providers, we do not accept liability for any inaccuracies. Many services included in your travel booking are provided under the Service Providers’ terms and conditions, which may limit or exclude their liability to you.

Ikhlas Hajj and Umrah Services accept no responsibility for the information provided by third parties, including Service Providers. We recommend confirming all details, such as prices, packages, tours, and schedules, directly with the Service Providers. All prices and information displayed on our Website are subject to change without notice, and travel products and services are subject to availability.

If payments are made via credit card, you agree not to initiate chargebacks or attempt to recover payments or losses from Ikhlas Hajj and Umrah Services.

Unless otherwise agreed to in writing, you are solely responsible for obtaining all required passports, visas, and health documentation.

Welcome to the Ikhlas Hajj and Umrah Services website (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations, and for no other purposes.

This Website is offered to you conditioned upon your acceptance, without modification, of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, or by booking any travel products or services through the Website, through our offices, or via our customer service representatives, you agree to be bound by this Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through it, through our offices, or our customer service agents. Be sure to revisit this page periodically to review the most current version of the Agreement. We reserve the right, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued use of this Website signifies your acceptance of the updated Agreement.

Conditions for Website Use
As a condition of your use of this Website, you warrant that:
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1. You are at least 18 years of age.
2. You possess the legal authority to create a binding legal obligation on behalf of yourself and any other travelers included in your booking.
3. You will use this Website under this Agreement.
4. You will only use this Website to make legitimate reservations for yourself or for another person for whom you are legally authorized to act.
5. You will inform all other persons for whom you are making bookings about the applicable terms and conditions, including all rules and restrictions.
6. All information supplied by you on this Website is true, accurate, current, and complete.
7. If you have an Ikhlas Hajj and Umrah Services account, you will safeguard your account information and will supervise and be responsible for any use of your account by yourself or others.

We retain the right, at our sole discretion, to deny access to this Website and the services we offer to anyone at any time and for any reason, including but not limited to, violations of this Agreement.

Restrictions on Use
You may download, display, or print one (1) copy of any portion of the content displayed on this Website (the “Content”) for personal, non-commercial use. If you do so, you may not modify the Content in any way and must reproduce the copyright notice as displayed on the relevant page(s).

Except as outlined above, you may not:
1. Copy, reproduce, distribute, transmit, or otherwise use any part of the Content without prior written permission.
2. Modify, translate, or create derivative works from the Content.
3. Reverse engineer any portion of the Website.
4. Use the Website for false, fraudulent, or speculative reservations.
5. Post or transmit any unlawful or inappropriate content.
6. Use the Website in a way that interferes with its operation or the performance of other users.

Member ID and Password
Access to certain areas of the Website is restricted to registered members. To become a member, you must provide accurate and truthful information. You represent and warrant that all the information you provide is valid, and you have the authority to supply it.

Ikhlas Hajj and Umrah Services, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Website if any violation of the terms outlined in this Agreement is discovered. Upon such termination or suspension, you must immediately discontinue use of the Website and destroy any copies of its content that you have made. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Ikhlas Hajj and Umrah Services shall not be responsible to you for such suspension or termination.

Ikhlas Hajj and Umrah Services may also, at any time, change or impose fees for certain services or establish or change general practices and limits concerning certain services.

It should be noted that all documents issued to travelers are non-transferable. Such documents may include, but are not limited to:
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1. Visas
2. Airline tickets
3. Hotel vouchers
4. Tour vouchers
5. Any other document used to confirm an arrangement with a Service Provider

These documents may also be subject to conditions such as, but not limited to, being non-refundable, non-changeable, and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions.

If, for any reason, a Service Provider is unable to deliver the services for which you have contracted, your remedy lies with that Service Provider and not against Ikhlas Hajj and Umrah Services. Upon your request, Ikhlas Hajj and Umrah Services will provide you with all necessary contact information and documentation to seek a remedy directly from the Service Provider.

Your use of the Website is subject to our Privacy Policy. By using this Website, you acknowledge that you have read and understood our Privacy Policy, and you agree that it is reasonable and acceptable to you. Your acceptance of these Terms and Conditions also constitutes your consent to the information practices outlined in our Privacy Policy.

Ikhlas Hajj and Umrah Services do not warrant or represent that the content of the Ikhlas Website or promotional material is accurate, up-to-date, or complete, nor that it does not infringe the rights of others. The Website, promotional material, and its contents are provided on an “as is” basis. Ikhlas Hajj and Umrah Services makes no representations or warranties of any kind concerning the Website, promotional material, its contents, or any of the products or services supplied by Ikhlas. To the maximum extent permitted by law, Ikhlas disclaims all implied representations and warranties, including but not limited to, implied warranties of merchantable quality, fitness for any purpose, or compliance with any descriptions on the Website or promotional material.

To the extent permitted by law, you release Ikhlas Hajj and Umrah Services from all liability, costs, damages, claims, and expenses (including direct, indirect, special, and consequential losses or damages, whether in negligence or otherwise) arising out of the supply, failure to supply, use, or non-use of third-party products or services.

Ikhlas does not guarantee that the Website, the server that hosts it, or any products or services provided through the Website are free of errors, viruses, or defects. While efforts are made to maintain a secure platform, the nature of the internet makes it impossible to guarantee complete security. Ikhlas does not warrant that the Website or its services will meet your requirements or operate uninterrupted or error-free.

To the maximum extent permitted by law, Ikhlas and its offices, employees, or representatives are not liable for damages arising from your use of, or inability to use, the Website or the purchase and use of products and services provided via the Website. This includes compensatory, direct, indirect, or consequential damages, loss of data, income, profit, property, or personal injury. In the event of Website failure, your sole remedy is the refund of any money paid to Ikhlas for Website use.

Hotel ratings and descriptions provided on the Website or promotional materials are supplied by Service Providers. These ratings are general guidelines and may not reflect the actual quality of services during peak seasons such as Hajj. Ikhlas cannot guarantee the accuracy or consistency of these ratings.

Service Providers are independent contractors, not affiliates or agents of Ikhlas. Ikhlas is not liable for their actions, omissions, errors, negligence, breaches of contract, or damages arising from their services. Ikhlas assumes no responsibility for delays, cancellations, overbooking, strikes, force majeure, or other circumstances beyond its control. Additionally, Ikhlas is not responsible for issues arising from improper documentation, including passports and visas, or for travelers missing parts of their program due to reasons outside Ikhlas’s control.

Immigration authorities retain discretion to deny entry, even with proper documentation. Ikhlas will not issue refunds or make changes after departure, nor will it reimburse payments for unused services.

For this agreement, "Force Majeure" refers to causes, events, or circumstances beyond the reasonable control of either party, including but not limited to acts of God, pandemics, strikes, transmission failures, earthquakes, floods, other natural disasters, or government decrees.

Except for payment obligations under this agreement, if either party is unable to fulfill its obligations due to a Force Majeure event, that party shall not be held liable for damages resulting from such an event. Each party will be excused from liability for the failure or delay of any obligations under this agreement caused by Force Majeure.

The party affected by the Force Majeure event shall promptly notify the other party of its occurrence and make reasonable efforts to reach an agreement that accommodates both parties' interests.

Please be aware that during your participation in packages operated by Ikhlas Hajj and Umrah Services, certain risks and dangers may arise beyond our control, including but not limited to: hazards associated with travel in undeveloped areas; travel by boat, train, automobile, aircraft, or other means of transportation; natural forces; political unrest; acts of lawlessness or terrorism; and accidents or illness in remote regions where rapid evacuation or medical facilities may not be readily available.

Ikhlas Hajj and Umrah Services will not be held liable for the provision of medical care or the adequacy of any medical care rendered. While we will make reasonable efforts to ensure that adequate safety measures are in place, by agreeing to participate in any packages or optional excursions, you acknowledge that you will hold Ikhlas Hajj and Umrah Services harmless regarding any provision of medical care or the adequacy of any care that may be provided.

Many of the issues for which Ikhlas Hajj and Umrah Services cannot be held responsible can be insured against. Ikhlas Hajj and Umrah Services strongly recommend that you purchase third-party insurance to provide adequate coverage for medical expenses, personal accidents, loss of baggage, and trip cancellation or curtailment.

Individuals are responsible for financing on-the-spot medical treatment and other contingencies, and then seeking reimbursement from their insurance, if applicable. You will be required to provide documentation to your insurance company to facilitate a claim. Please note that exclusions may apply to the coverage provided by your insurance. Insurance must be purchased and paid in full as soon as the booking is made for the coverage to become effective.

To the extent permitted by law, you release Ikhlas Hajj and Umrah Services from all liability, costs, damages, claims, and expenses (including direct, indirect, special, and consequential losses or damages, whether in negligence or otherwise) arising out of any loss of baggage.

Ikhlas Hajj and Umrah Services accept email transfers, cheques, money orders, Visa, MasterCard, and cash. Your payment is not considered made until it is received by Ikhlas Hajj and Umrah Services. Please note that a 3% surcharge applies to all payments made by credit card.

‍Umrah Packages:
1. Deposit: Upon registration, a minimum of 10% of the total amount due per person is required.
2. Second Installment: A minimum of 40% of the total amount due per person is due 60 days before the scheduled departure date.
3. Third Installment: A minimum of 40% of the total amount due per person is due 30 days before the scheduled departure date.
4. Final Amount: All remaining balances owed on your account are due no later than 20 days from the scheduled departure date.

Your booking is not confirmed until the Deposit is received by Ikhlas Hajj and Umrah Services, and you receive written confirmation of your booking. Your reservation may be automatically canceled if payments are not received by Ikhlas Hajj and Umrah Services by the applicable deadlines above. Special conditions may apply to the prices set out on the Website. To determine such conditions, you must contact Ikhlas Hajj and Umrah Services or the relevant Service Provider. Please review and verify your booking invoice thoroughly and contact your travel agent or Ikhlas Hajj and Umrah Services immediately if your invoice appears to be incorrect or incomplete, as it may not be possible to make changes later. Once your documents have been processed for the visa by our office, there will be NO refunds available for the package(s) you have purchased. All fees imposed by the Kingdom of Saudi Arabia, including Hajj and Umrah fees or those related to ritual animal sacrifice, are separately charged and not included in any package or program.

After booking a package, all cancellation requests must be received by Ikhlas Hajj and Umrah Services in writing. You acknowledge and understand that Ikhlas Hajj and Umrah Services incur significant expenses and losses if a traveler cancels a booking. You expressly understand that the following cancellation fees will apply and be strictly enforced by Ikhlas Hajj and Umrah Services.

Umrah & Tours Packages:
1. The initial deposit of 10% per person is non-refundable.
2. Any cancellation before 60 days of the scheduled departure date is subject to a deduction of 50% of the total invoice as a cancellation fee.
3. Any cancellation before 30 days of the scheduled departure date is subject to a deduction of 100% as a cancellation fee.

In addition to the above-noted cancellation fees, airfare purchases are non-refundable, and any such amounts shall not be reimbursed to any traveler canceling a booking.

In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not settle within 60 days, then either party may, by written notice to the other party, demand mediation in Toronto, Ontario exclusively, before a mediator mutually agreed upon by the parties. Suppose a settlement is not reached within 60 days after service of a written demand for mediation. In that case, any unresolved controversy or claim arising out of or relating to this contract shall be finally resolved by arbitration administered by the [Arbitration Association Name] under its Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in English in the city of Toronto, Ontario, by the [Arbitration Act Name]. There shall be three arbitrators, named by such rules. Except as required by law or to the minimum information necessary for entry of judgment, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all/both parties.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to the Agreement within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. In any case, Ikhlas Hajj and Umrah Services shall not be liable for other than compensatory damages. Additionally, you hereby waive any right to punitive damages. All parties agree to irrevocably waive their respective rights to a jury trial of any cause of action, claim, counterclaim, or cross-complaint in any action or proceeding and/or hearing brought by either party against the other on any matter whatsoever arising out of these Terms & Conditions or any agreement between you and Ikhlas Hajj and Umrah Services.

If the arbitration clause contained herein is deemed invalid by a court of law, each party agrees that any suit, action, or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Toronto, Ontario. Each party waives any objection which it may have now or hereafter to the laying of the venue in Toronto, Ontario of such action or proceeding and irrevocably submits to the personal jurisdiction of any such court in any such suit, action or proceeding.

You must report to Ikhlas Hajj and Umrah Services in writing any disability requiring special attention while traveling at the time the reservation is made. Ikhlas Hajj and Umrah Services will make reasonable attempts to accommodate the special needs of disabled travelers but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by Service Providers. Ikhlas Hajj and Umrah Services regret that they cannot provide individual assistance to a traveler for walking, dining, getting on and off buses and other vehicles, or other personal needs. A qualified and physically able companion must accompany travelers who need such assistance and must assume full responsibility for their well-being. If such a companion is not available for the traveler, Ikhlas Hajj and Umrah Services may, in its discretion, cancel the reservation and return the full deposit of the traveler.

Travelers who are less than 18 years old on the departure date must be accompanied by an adult throughout the trip. For any special requirements regarding airline tickets for children, contact your airline directly. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel. Ikhlas Hajj and Umrah Services suggest that you also contact the appropriate consulate and airlines because they may have additional requirements or recommendations.

For a nominal charge, Ikhlas Hajj and Umrah Services will use DHL, FedEx, or UPS to return your documents unless you send Ikhlas Hajj and Umrah Services a pre-paid completed label for the courier of your choice (excluding CANADA POST) to use for the return of your documents. Ikhlas Hajj and Umrah Services are not responsible for any delays, loss, or damages resulting from the return of your documents by DHL, FedEx, UPS, or any other courier services.

Unless stated otherwise, Ikhlas Hajj and Umrah Services may amend these terms without advance notice to you, and the amended terms will take effect immediately as they are posted on the Site.

If any of these Terms & Conditions is invalid or unenforceable, only the portions of the provisions deemed invalid or unenforceable will be struck out, and the remaining provisions will remain in force. Accessing or using this Website in any manner or booking any travel products or services through the Website, through our branches, or our customer service agents, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Headings are for reference purposes only. Notwithstanding any other provision contained herein, if Ikhlas Hajj and Umrah Services does not act about a breach by you or others of these Terms & Conditions, this does not waive Ikhlas Hajj and Umrah Services's right to act concerning subsequent or similar breaches. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties. No person, other than an authorized representative of Ikhlas Hajj and Umrah Services by a document in writing, is authorized to vary, add, or waive any term or condition outlined in the preceding provisions. This Agreement shall be governed by the laws of the Province of Ontario, without regard to the conflicts of laws provisions therein.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Ikhlas Hajj and Umrah Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Ikhlas Hajj and Umrah Services. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fees and Penalties:
1. The sale price stated on the invoice is final.
2. The price of our packages includes the Saudi (15% VAT & 5% Municipal) taxes where applicable.
3. A complete payment schedule, cancellation fees, and penalties are stated in detail in Ikhlas Hajj and Umrah Services's Terms & Conditions.

Description of Travel Services:
A full package description of the package/service you are purchasing will be stated on our website and emailed to you.

Travel Information:
1. To enter Saudi Arabia, you MUST have a passport that is valid for at least 6 months from the departure date of your package.
2. To enter Saudi Arabia for Hajj or Umrah, you MUST have a valid Saudi visa.
3. As per the latest Saudi government guidelines, the Meningitis ACYW-135 vaccination is mandatory for all types of Saudi visas.
4. A customized list of documents required to obtain the entry visa will be provided to you in time.
5. Entry to another country may be refused even if the required information and travel documents are complete.
6. Living standards and practices at the destination and the standards and conditions there concerning the provision of utilities, services, and accommodation may differ from those found in Canada.

Travel Insurance:
1. Basic medical insurance is part of your Hajj & Umrah Saudi visa fee, included and provided by the Saudi Ministry of Hajj and Umrah.
2. Trip Cancellation, Medical/Health, and other insurance packages are available through Ikhlas Hajj and Umrah Services via Manulife.
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Price Increase:
1. Price increases are permitted.
2. No price increases are permitted after the client has paid in FULL.
3. If the price increase is more than 7% of the total amount, the customer has the right to cancel the contract and obtain a FULL refund.
4. If the price increase is less than 7%, the customer has the right to cancel and will be subject to the cancellation rules stated in the Ikhlas Hajj and Umrah Services Terms & Conditions.

Airline Rules:
1. Airline tickets are usually booked 30 days before your package departure date.
2. Ikhlas Hajj and Umrah Services have the right to choose any airline and any travel itinerary that suits the package dates.
3. The customer has no choice in choosing which airline to travel on unless requested in writing and approved at the booking time.
4. If the customer requests to travel on a different airline than the one chosen by Ikhlas Hajj and Umrah Services, the customer will be subject to a $500 penalty and will pay the full cost of the new ticket.
5. Once the airline tickets are booked, the customer will receive a copy of the ticket by email along with full details on the luggage allowance.
6. All meals for your flight are by default booked as vegetarian unless otherwise requested and approved at the booking time.

You are entitled and encouraged to seek independent legal advice to thoroughly review and understand the rights and obligations outlined in these Terms and Conditions before entering into any agreement with Ikhlas Hajj and Umrah Services. By agreeing to these Terms and Conditions on our website, signing and initialing a copy of these Terms and Conditions, registering for any packages, tours, or services listed on our website, or making any form of payment towards such packages, tours, or services, you, the client or the organizer, on behalf of yourself and any parties for whom you are arranging services, hereby confirm that you have carefully read, fully understood, and voluntarily agree to all the terms and conditions stated above. You also acknowledge that you are fully aware of the nature of the package, tour, or service you are purchasing, along with all applicable terms and conditions.

Ikhlas Hajj and Umrah Services (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@circadianoptics.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Circadian Optics, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Ikhlas Hajj and Umrah Services’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.