Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Mishkat, accessible at mishkat.ca.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agree to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Intellectual Property Rights
Other than the content you own, under these Terms, Mishkat and/or its licensors own all intellectual property rights and materials contained on this Website.
You are granted a limited license only for purposes of viewing the material contained on this Website.
Restrictions
You are specifically restricted from all of the following:
- Publishing any Website material in any other media.
- Selling, sublicensing, and/or otherwise commercializing any Website material.
- Publicly performing and/or showing any Website material.
- Using this Website in any way that is or may be damaging to this Website.
- Using this Website in any way that impacts user access to this Website.
- Using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website or to any person or business entity.
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website.
- Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you, and Mishkat may further restrict access by you to any areas of this Website at any time in its absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, “Your Content” means any audio, video, text, images, or other material you choose to display on this Website. By displaying Your Content, you grant Mishkat a non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not invade any third-party rights. Mishkat reserves the right to remove any of Your Content from this Website at any time without notice.
Client Content & Third-Party Websites
Mishkat may provide website design, development, marketing, hosting coordination, or related services for third-party or client-owned websites (“Client Websites”). Any content, including but not limited to text, images, videos, graphics, trademarks, logos, data, claims, advertisements, or other materials provided by the client or approved by the client for use on a Client Website (“Client Content”), remains the sole responsibility of the client.
The client represents and warrants that they own or have the necessary rights, licenses, and permissions to use all Client Content and that such content does not infringe any third-party rights, including intellectual property, privacy, or publicity rights, nor violate any applicable laws, regulations, or industry standards.
Mishkat does not review, verify, or guarantee the accuracy, legality, compliance, or appropriateness of Client Content and shall not be held responsible or liable for any errors, omissions, misrepresentations, regulatory violations, or legal claims arising from Client Content or Client Websites. This includes, but is not limited to, claims related to advertising laws, consumer protection laws, professional regulations, accessibility requirements, tax, medical, financial, or legal disclosures.
The client agrees to indemnify, defend, and hold harmless Mishkat, its officers, directors, employees, and contractors from and against any and all claims, damages, liabilities, losses, costs, and expenses, including legal fees, arising out of or related to Client Content, Client Websites, or the client’s breach of these Terms.
Design Implementation and Layout Disclaimer
To the extent Mishkat provides website layout, structure, user interface elements, or visual arrangement, such services are performed using general industry-standard design conventions, publicly available practices, and client instructions. Mishkat does not replicate, reverse-engineer, or reproduce proprietary layouts, design systems, templates, trade dress, or protected visual identities belonging to any third party.
All final design decisions, approvals, and use of any website layout or structure are the sole responsibility of the client. Mishkat makes no representation or warranty that the layout or visual structure of a client website does not infringe the intellectual property or proprietary rights of any third party.
Client Website Ownership
Unless otherwise agreed in writing, all client websites, including their content, layout, structure, and visual presentation, are owned and controlled by the client upon delivery. Mishkat does not retain ownership, control, or ongoing responsibility for any client website once services have concluded.
Acceptance of Terms & No Signature Required
By engaging Mishkat for any services, including but not limited to website design, development, digital marketing, consulting, or related services, the client acknowledges that a legally binding agreement is formed regardless of whether these Terms are physically signed.
Acceptance of these Terms and Conditions may be established by any of the following actions, including but not limited to:
- Payment of an invoice, deposit, or retainer.
- Written or verbal approval of a proposal, quote, or scope of work.
- Email, text message, or electronic confirmation to proceed.
- Commencement of services by Mishkat at the client’s request.
- Use, publication, or deployment of work delivered by Mishkat.
Such actions shall constitute full acceptance of these Terms and Conditions and shall be legally binding on the client to the same extent as a signed written agreement.
In the event of any conflict between these Terms and Conditions and any invoice, proposal, or communication, these Terms and Conditions shall prevail unless expressly agreed otherwise in writing by Mishkat.
No Warranties
This Website is provided “as is,” with all faults, and Mishkat expresses no representations or warranties of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of Liability
In no event shall Mishkat, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract. Mishkat, including its officers, directors, and employees, shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify Mishkat to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Mishkat is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
Mishkat is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Mishkat and you in relation to your use of this Website and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Ontario, Canada, and you submit to the non-exclusive jurisdiction of the provincial and federal courts located in Canada for the resolution of any disputes.
Refunds
We do not offer refunds. We do offer a reliable plan in which a minimum investment is required to start a project.
SMS Terms of Service
By opting into SMS from a web form or other medium, you agree to receive SMS messages from Mishkat Inc. This includes SMS messages for appointment scheduling, appointment reminders, follow-up messages, project-related updates, and billing notifications. Message frequency varies. Message and data rates may apply. See our Privacy Policy. Message HELP for help. Reply STOP to any message to opt out.
SMS Consent Communication
The information, including phone numbers, obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
Types of SMS Communications
If you have consented to receive text messages from Mishkat Inc., you may receive messages related to the following:
- Appointment reminders.
- Follow-up messages.
- Billing inquiries or notifications.
- Project updates.
- Promotions or offers, where applicable.
Example: “Hello, this is a friendly reminder of your upcoming call with Mishkat on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.”
Message Frequency
Message frequency may vary depending on the type of communication. For example, you may receive up to 2 SMS messages per week related to your appointments, project updates, or account status.
Example: “Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.”
Potential Fees for SMS Messaging
Please note that standard message and data rates may apply depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
Opt-In Method
You may opt in to receive SMS messages from Mishkat Inc. in the following ways:
- Verbally, during a conversation.
- By submitting an online form.
- By filling out a paper form.
Opt-Out Method
You can opt out of receiving SMS messages at any time. To do so, simply reply STOP to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
Help
If you are experiencing any issues, you can reply with the keyword HELP, or you can contact us directly through our contact page.
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
