Terms Of Use

Please read these Terms of Use and the Content Guidelines (together, the "Terms") carefully, as they set out our and your legal rights and obligations in relation to the use of our Website and app and any of the services available through it. If you do not agree to these Terms, you must not use our Website and app regardless of whether or not you are a Registered User. If you register with our Website and app, we will ask you to expressly agree to these Terms but, in the absence of registration, your decision to continue use of this Website and app represents implicit acceptance of these Terms. Before accessing certain third party material on the Website and app, you may also be asked to give your express agreement to specific disclaimers in relation to that third party material.

(1) Definitions

In these Terms:

“Charges” means the subscription charges payable to Islamicly by the Subscriber in respect of the Subscription Services;

"Content Guidelines" means the 'forum guidelines', 'posting guidelines', 'article guidelines' and 'editing guidelines' posted on our Website as amended by us from time to time;

"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered, and including any application or right of application for such rights (including without limitation copyright and related rights, moral rights, registered and unregistered trademarks, patents, design rights and database rights);

"Registered User" means a person who has created an account with the Website or app;

"Islamicly Content" means assigning compliance, financial news articles, research material, blogs and other textual content that we write and publish for free on the Website and app, identified by being authored by either Islamicly News, Islamicly Features or our staff or us;

“Subscription Service” means one of the paid-for data and screening subscription services (“Islamicly Data”) and data analysis tools available on the Website and app from time to time, including but not limited to the Islamicly Premium app and desktop services;

“Subscriber” means a Registered User who has subscribed to a Subscription Service;

“Third Party Content” means financial news, articles, advertising and/or other content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) that is published on the Website and app, but is provided by third parties (for example content sourced from external publishers including news organisations and research houses),

“Islamicly Data” means data that we source from third party data suppliers and any intermediate algorithms and calculations that we undertake in respect of that data;

"Trial Period" means a period during which the Subscriber can access a Subscription Service without paying the Charges or such charges that may be explicitly mentioned corresponding with duration of usage;

"Use" means any use whatsoever and includes, without limitation, viewing, storing, reproducing, displaying, publishing, distributing, broadcasting and/or creating derivative works;

"User Content" means content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) uploaded or otherwise provided for publication by a Registered User for Use on or in relation to the Website and app; and

"Website" means the website at www.Islamicly.com or any successor site operated by us from time to time.

“App” means the application as listed under the name “Islamicly” on the Google play store or the iOS store.

References in these Terms to "we" or "us" mean Islamicly; and references in these Terms to "you" mean the person using the Website or holding a Registered User account with the Website.

(2) Licence

We or our licensors own the Intellectual Property Rights in the Website and the app and material on the Website and the app. You may view, download for caching purposes only, and print material from the Website and app, in each case for personal use only, and subject to the restrictions set out below. Non-personal use is a violation of these Terms. Non - personal usage such as by financial institutions, investment advisors, asset managers, portfolio managers or any such firms/corporations/entities to manage third party or own clients investments is not permitted. If you are one of the above users, you may please send us a request for activation on info@islamicly.com Save to the extent that you own (or are properly licensed by a third party to exercise) the relevant rights, you must not: (a) republish or redistribute material from the Website and the app (including republication or redistribution on another website or in any other format); (b) sell, rent or sub-license material from the Website and the app; (c) edit or otherwise modify any material from the Website and the app except in accordance with the Content Guidelines; (d) make any charge in relation to or carry on by way of business any activities in relation to any material obtained from the Website and the app; or (e) show (whether for commercial purposes or not) any material from the Website and the app in public. You must not use any material from the Website and the app for any improper or unlawful purpose or conduct any scraping, data mining or automated data collection in relation to the Website and the app. You must not use the Website and the app in any way that causes, or may cause, damage to the Website and the app or impairment of the availability or accessibility of the Website and the app, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

The Website and the app is designed for use globally and the information on it relates to assigning a Shariah compliance on listed equities and is marketed worldwide. You must not use the Website and the app in any country where its use is or would be prohibited by local laws.

You may only Use the Website and the app if you are at least 18 years of age.

(3) Restricted access

Access to certain areas of the Website and the app is restricted to Registered Users and may be further restricted to Subscribers. We reserve the right to restrict access to other areas of the Website and the app, or indeed the whole Website and the app, at our discretion. You must not use the login details or password of any other person to access restricted areas of the Website and the app.

(4) Registered Users & Subscribers

In order to become a Registered User, you must create an account using the Website and the app interface, and verify your account through the OTP sent your indicated email ID. Registered Users gain access to additional services and restricted areas on the Website and the app, which may include: (i) the ability to submit and edit articles on the Website and the app; (ii) the ability to subscribe to RSS/Atom feeds; (iii) the ability to submit posts to our Website and the app forums and to rate others' posts; (iv) access to our virtual fund trading facility; (v) the facility to create a detailed profile which may be made available via the Website and the app; (vi) access to our Website and the app -based messaging system; (vii) in the case of Subscribers only, access to the Subscription Service

Registered Users must not allow any other person to use their user ID and password, and they must ensure that that user ID and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user ID and password. Upon our request, Registered Users will provide to us proof of their identity and/or age.

We may also be required by law or regulation to identify Registered Users and disclose their details to a third party including the relevant legal or regulatory authority if requested by them to do so.

We may alter or restrict the services and areas that Registered Users have access to, and/or delete any Registered User's account, in our sole discretion without notice or explanation.

(5) User Content

You grant to us for the full term of copyright (including any extensions, renewals, restorations, revivals and reversions) a non-exclusive royalty-free irrevocable licence to Use the User Content that you submit to the Website and the app, any part of that User Content, and any derivative work based on that User Content and created under these Terms, on or in relation to the Website and the app, any other website or app and any other media available now or at any time in future. You grant to us the right to sub-license any or all of these rights. You also grant to us the right, under Section 101A of the Copyright, Designs and Patents Act 1988, to bring an action for infringement of any or all of these rights.

You warrant and undertake that you own or have the right to license the relevant Intellectual Property Rights in all User Content that you submit to the Website and the app in accordance with these Terms.

You must ensure that your User Content, and the Use of that User Content in accordance with these Terms, does not constitute:

(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;

(b) investment advice, or advice to an investor or potential investor (or an agent for such a person) on the merits of buying, selling, subscribing for or underwriting a particular security or contractually-based investment or exercising any right conferred by such an investment to buy, sell, subscribe for or underwrite such an investment;

(c) the making of an arrangement for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a security, a contractually-based investment, or an investment of the kind specified by article 86 or article 89 (so far as relevant to that article) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or

(d) any financial service or activity regulated or controlled by or pursuant to the Financial Services and Markets Act 2000 or the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005 or any other applicable law.

You also agree to disclose any material interest you or your associates may have when making contributions to your User Content. The restrictions above do not, of course, prevent you posting general and generic financial information on the Website to the extent that they do not constitute carrying on regulated investment or the communication of a financial promotion under the Financial Services and Markets Act 2000.

You must ensure that your User Content, material linked to by the User Content, and the Use of User Content in accordance with these Terms:

(a) does not infringe any third party's rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);

(b) does not give rise to any cause of action in any jurisdiction, whether against us, you or a third party;

(c) does not violate any law, statute, ordinance, regulation, legally binding code or market conventions in any jurisdiction (including, without limit, financial services regulations) whether in the United Kingdom or elsewhere;

(e) is not pornographic or sexually explicit;

(f) does not duplicate or substantially duplicate User Content previously published on the Website and the app;

(g) is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;

(h) does not constitute spam or marketing material; and;

(g) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You undertake to keep yourself informed as to the contents of the Content Guidelines and to ensure that your User Content and your user behaviour is in line with the Content Guidelines. We do not undertake to monitor your use of the Website and the app or the posting of User Content by you or any third party on the Website and the app. Nor do we warrant that the Users of the Website and the app have adhered to these Terms, although we use reasonable endeavours to remove User Content which breaches these Terms after it has been brought to our attention. If you become aware of any User Content on the Website and the app which breaches these Terms, you should notify us of that content immediately. You acknowledge that we may edit, delete and/or move User Content without notice or explanation.

(6) Third Party Content

Subject to the Islamicly Data warranties in Section 7 below, we do not undertake to monitor Third Party Content that appears on the Website and the app. Nor do we warrant that Third Party Content providers have adhered to these Terms, although we use reasonable endeavours to remove Third Party Content which breaches these Terms after it has been brought to our attention. If you become aware of any Third Party Content on the Website and the app which breaches these Terms, you should notify us of that content immediately.

(7) Our warranties

You acknowledge that the Website and the app and the material on the Website and the app may be changed from time to time without notice. As we provide Islamicly Content as a free service to all our users, we offer no warranties in respect of the preparation and publication of this content. Where we provide Islamicly Data as part of a paid Subscription Service, we warrant the we will take reasonable care in respect of ensuring the accuracy of that Islamicly Data (by ensuring that the underlying data is sourced from a reputable provider), and that we will use reasonable care and skill in the provision of the Subscription Service. If we are notified of a possible error in relation to the Islamicly Data, we will endeavour to notify our supplier of this issue, although we cannot be certain that they will be willing to correct the error identified.

Notwithstanding the warranties above, Islamicly is not authorised to give investment advice and nothing on the Website and the app should be interpreted as Islamicly seeking to offer such advice. Islamicly Content, Islamicly Data, User Content and/or relevant Third Party Content is provided ‘as is’ and may contain errors or inaccuracies. You should seek confirmation from an authoritative third party source of any information found on the Website and the app upon which you may wish to rely. Use of Islamicly Content, Islamicly Data, User Content and/or Third Party Content is solely at the Subscriber’s risk.

Subscriber acknowledges that the use and interpretation of the Islamicly Data, and any data analysis tools provided as part of the Subscription Service requires skill and judgement. Subscribers shall at all times exercise their own skill and judgement in the Use and interpretation of the Subscription Service and shall be solely responsible for the purposes for which it is used and for all opinions, compliance classifications, recommendations, forecasts and other comments made or action taken by Subscribers based wholly or partly on the Islamicly Data and/or data analysis tools.

Islamicly’s Subscription Service includes access to pre-defined screens based on the criteria given by Shariah scholars. All the screens are based on set quantitative and qualitative criteria, which are an interpretation of what the Shariah screening rules are. You should consider the results of any screen as candidates for further research, not as a buy list or as a set of recommendations.

Subject to the warranty given above in respect of the paid-for Subscription Service:

(a) we do not warrant the completeness, veracity, bona fides or accuracy of the material on the Website and the app; nor do we commit to ensuring that the Website remains available or that the material on the Website and the app is kept up-to-date. However we endeavor to do the same on a best effort basis;

(b) we do not grant to you any warranties or make any representations relating to the Website and the app or your Use of the Website and the app, and to the fullest extent permitted by applicable law we exclude all warranties and representations.

You acknowledge that the material on the Website and the app submitted by third parties (including our Registered Users) from time to time is the sole responsible of the third party who has submitted that material. If you become aware of any inaccuracy or error on the website, please let us know.

(8) Indemnity

You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.

(9) Financial disclaimer

Our Website is a financial data and news portal, discussion forum and content aggregator. Islamicly is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority.

We are an educational forum for analysing, learning & discussing general and generic information related to stocks, investments and strategies. No content on the site constitutes - or should be understood as constituting - a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our site content. We do not provide personalised recommendations or views as to whether a stock or investment approach is suited to the financial needs of a specific individual.

Much of the content on this site is user-generated and, as such, impossible to monitor effectively. Excluding the Islamicly Content and Islamicly Data, all of the information on our Website and the app about businesses, companies is provided by our Registered Users and other third parties. We act as a mere conduit for this information published on our Website and the app, and we do not select, monitor, edit, modify review, evaluate or otherwise oversee the information or the publication of the information on our Website and the app.

Where we present screens, the results should only be treated as candidates for further research, not as a buy list or set of recommendations. Screening may help to narrow a search based on pre-defined criteria but it is not a substitute for independent research reflecting your individual criteria for investing/trading.

Islamicly Content and Islamicly Data is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our Website and the app and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any arrangements between you and any third party contacted via the Website and the app are at your sole risk.

Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.

Our Website and the app is directed to the global user. For the avoidance of doubt, the Website is not being explicitly offered in the US or Canada or to US persons or Canadian persons. Nothing on this Website or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction.

We do not therefore warrant that our Website complies with the applicable laws or regulations of any particular jurisdiction. Accordingly, if it is prohibited to make information provided on this Website and the app or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Website or any part thereof is not directed at you.

You accept that, you must satisfy yourself that you are lawfully able to access our Website and the app and, in particular, able to lawfully receive any document which contains links or allows you access to other websites and the app in the country from where you are accessing the User Content, Third Party Content and/or Islamicly Content.

We do not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the Website and the app to persons in any jurisdiction globally.

We would like to draw your attention to the following important investment warnings: i) the value of shares and investments and the income derived from them can go down as well as up; ii) investors may not get back the amount they invested; and iii) past performance is not necessarily a guide to future performance.

We are not regulated by the Financial Services Authority and are not a registered investment dealer, nor a member of the Investment Industry Regulatory Organization of Canada (IIROC) and we are not a member of the Canadian Investor Protection Fund (CIPF). Please check the regulatory standing of the brokers available on the Islamicly Platforms for their regulatory compliances and relevant statutory memberships. We do not vouch or affirm for any such regulatory compliances by the brokers available on our platforms

(10) General disclaimer

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these Terms, your Use of the Subscription Service or in connection with the Website and the app, whether arising in tort, contract, or otherwise.

Without limiting the generality of the exclusion of liability above, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms, your Use of the Subscription Service or in connection with the Website and the app, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event that is beyond our reasonable control.

If, notwithstanding the limitations of liability in these Terms, we are found to be liable to you, our liability is limited in relation to any event or series of related events will not exceed UK£250, save as in respect of Subscribers, in relation to which our liability shall be limited to the Charges paid by the Subscriber in question.

You agreed to the publication of feedback and comments about you by others on the Website and the app, you acknowledge that such feedback and comments may be critical or defamatory, and you agree that you will not hold us liable in respect of any such feedback and comments, irrespective of whether we are aware or ought to have been aware of such feedback and comments. Nothing in these Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

(11) Third party websites

The Website and the app includes links to other websites. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites and apps, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

(12) Trade marks

ISLAMICLY and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

(13) Term & Termination

Without prejudice to our other rights under these Terms, if you (including for the avoidance of doubt Registered Users and Subscribers) breach any of these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may: (a) delete, move or edit any of your User Content;

(b) send you one or more formal warnings;

(c) temporarily suspend your access to the Website and the app and/or the Subscription Service;

(d) delete your account;

(e) permanently prohibit you from using the Website and the app and/or the Subscription Service;

(f) block computers or devices using your IP address from accessing the Website and the app;

(g) contact your internet services provider and request that they block your access to the Website and the app; and/or

(h) bring court proceeding against you for breach of contract or otherwise.

Where we suspend or prohibit or block your access to the Website and the app, part of the Website and the app, and/or the Subscription Service, you must not take any action to circumvent such suspension or prohibition or block (including without limitation using a different account).

(14) Subscription Trial Period

The duration of any Trial Period shall be as specified on the Website and the app. Use of the Subscription Service shall be either free of charge during the Trial Period or the applicable charges will be defined.

The amount of the Charges shall be as displayed on the Website and may change from time to time. However, where we bill you for any upgrade modules, we will only do so based on your request for these modules and with your consent to the proposed upgrade pricing. 

You may only have one Trial Period. Should we identify that you have already made use of a subsidized Free Trial Period with the Subscription Service, you will immediately be billed for the Charges.

(15) Charges

Subject to the Trial Period provisions above, in consideration for the provision of the Subscription Service, Subscribers agree to pay the Charges applicable to the Data plan which they have selected as detailed on the Website and the app and updated from time to time. 

Without prejudice to its rights to recover the sums outstanding from the Subscriber, should Islamicly not be able to withdraw any part of the Charges from the Subscriber’s Paypal account or credit or debit card, Islamicly reserves the right to:

1) suspend access to the Subscription Service; or

2) terminate this agreement to access the Subscription Service.

(16) Refund / Cancellation

At the end of each subscription period, a subscription will continue to automatically renew at the prevailing fee rate applicable to the Data plan which has been selected by the Subscriber, unless terminated by us or until the Subscriber notifies us of their decision to cancel their subscription to the Services.

Either party may terminate this agreement to access the Subscription Service, which in the case of the Subscriber may be communicated to Islamicly by the Subscriber unsubscribing on the Website and the app. If the Subscriber terminates this agreement to access the Subscription Service, the Subscriber shall ensure that it pays Islamicly all Charges owing up until the date of termination and will be entitled to use the service until the end of that billing period. The Subscriber shall not be entitled to any refund of charges it has already paid to Islamicly.

(17) Cooling Off Period

Under Regulation 10 of the Consumer Protection Regulations 2000, you might otherwise have the right to cancel the agreement to access the Subscription Service without charge for seven working days after the day this Agreement has been concluded. However, when you successfully complete your order for our Subscription Service, you agree that the Product is immediately available to you (i.e. before the end of that cancellation period) and that we have therefore immediately commenced provision of the services for the purposes of the Regulations. As the services are provided at your request, you lose your right to cancel under the Regulations.

Any Billing Assistance will be conducted by email (info@Islamicly.com). Our customer service centre will be open business days and hours Monday to Friday and closed on weekends.

(18) Beta Access

All of our data subscription offer will remain in "beta" until we indicate otherwise. From time to time, Islamicly may also offer you access to certain new features of the Website and the app as a "beta user". If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify Islamicly of any bugs you may find, where possible. You also accept that access to these features may be withdrawn at any time, without any notice given, if we decided that these features are to form part of a separate subscription offer.

(19) General

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and any such invalid or unenforceable provisions will be deemed omitted. No waiver of any provision of these Terms by us, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms. These Terms are for the benefit of us and our users and are not intended to benefit, or be enforceable by, any other person. Any termination, rescission, amendment, variation, waiver or settlement under these Terms will not be subject to the consent of any third party.

User Content posted on the Website and the app may be retained by us either on-line or archived for a period of ten years. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer these Terms, or any of our rights or obligations arising under these Terms, at any time. We may vary these Terms from time-to-time by posting a new version of the Terms on the Website. If you are a Registered User or Subscriber, we may also give you notice of the variation. Your continued use of the Website and the app after a variation will constitute your acceptance of the variation.

These Terms constitutes the entire agreement between you and us in relation to your use of the Website and the app, and supersede all previous agreements in respect of your use of the Website. These Terms will be governed by and construed in accordance with English law, and the English courts will have (subject to the following) exclusive jurisdiction to adjudicate any disputes arising out of or relating to these Terms. Both you and we irrevocably agree for the benefit of the other to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes we both irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of Islamicly, Islamicly retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are, subject to the financial disclaimer in clause 8 above, entered into in the course of your trade or profession, the country of your principal place of business.

(20) Information

The Website and the app is owned and operated by our group entities namely Ratings Intelligence Partners having registered office address is at 158, Coombe Lane West Kingston-Upon-Thames and company registration number is OC320221 . as well as by Data Ratings Intelligence Pvt Ltd having its corporate address at 73/A, Doddathogur Village, Electronics City phase 1 Bangalore 560100 India. If you wish to contact us, please email us via info@Islamicly.com, or write to us at this address.

You should print a copy of these Terms for future reference. We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the Website in future. These Terms are available in the English language only.

(21) Fees and cost of trades

We do not charge any fees or costs in addition to what your preferred broker charges. All fees and cost of trades are governed directly by the agreement that you may have with your broker. We do not have any control or information about such charges whatsoever nor do we make an addition to those charges.

 

 

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