Please read through these Terms carefully. By accessing the IslamicBanker.com website, www.islamicbanker.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Islamic Banker Ltd and to have agreed to be bound by the terms set out below. The Site is owned and operated by Islamic Banker Ltd (“Islamic Banker”), a company registered in England and Wales under company registration number 06895777.
These terms were last updated on 10 July 2010.
1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Islamic Banker Content"), are copyright of Islamic Banker and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "IslamicBanker.com" name and logo or other trade names appearing on the Site) for any reason without written permission from Islamic Banker. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Islamic Banker Content
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Islamic Banker:
- reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Islamic Banker Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Islamic Banker Content (including use as part of any library, database, archive or similar service) without the prior written consent of Islamic Banker,
- remove the copyright or trade mark notice from any copies of Islamic Banker Content made under these Terms.
Any use of Islamic Banker Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to email@example.com, and may be subject to a fee.
3. Licence Fee, Payment, and Transactions
Access to certain Islamic Banker Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in GBP (£) or other currency specified by Islamic Banker. You are responsible for the payment of all charges associated with the use of the Site using your ID.
If your use of the Site is terminated by Islamic Banker, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
You may use the Site to purchase products or services from Islamic Banker's third party partners. In that event, your contract for such products will be with the third party partner and not with Islamic Banker.
4. Term and Termination
Islamic Banker may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Islamic Banker Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Islamic Banker provided in these Terms or by law.
5. Changes to the Site
Islamic Banker reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Islamic Banker Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Islamic Banker Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Islamic Banker if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of Islamic Banker Content or the Site. You will provide Islamic Banker with accurate, complete registration information (including in particular your e-mail address) and inform Islamic Banker of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Islamic Banker reserves the right to monitor and record activity on the Site, including access to Islamic Banker Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Islamic Banker does not permit access through a single name and password being made available to multiple users on a network. Islamic Banker may cancel or suspend your access to the Site if you do this without further obligation to you.
8. User-Generated Content
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Islamic Banker and interaction between users and Islamic Banker representatives ("Forums"). While Islamic Banker does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by Islamic Banker on a Forum. You may not:
- Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Islamic Banker;
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, sexist or that contains any form of hate speech;
Post, link to or otherwise publish any Messages that infringe copyright;
Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
Post Messages in any language other than English;
Post the same Message, or a very similar Message, repeatedly;
Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Post or otherwise publish any Messages that contain a virus or other harmful component;
Disguise the origin of any Messages;
Impersonate any person or entity (including Islamic Banker employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
Collect or store other users' personal data;
Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless Islamic Banker from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.
The Forums contain Messages submitted by users over whom Islamic Banker has no control. Islamic Banker cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting Islamic Banker a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Islamic Banker reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for Islamic Banker to fully and effectively monitor Messages that are submitted for infringement of third-party rights. If you believe that a message infringes your legal rights, please notify Islamic Banker immediately using the “Contact Us” page.
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Islamic Banker makes no warranty, express or implied concerning Islamic Banker Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Islamic Banker expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Islamic Banker, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Islamic Banker has been advised of the possibility that such damages may arise. Islamic Banker does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Islamic Banker, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Islamic Banker exceed the amount, if any, paid by you to Islamic Banker in respect of the particular Site Service to which the claim relates.
Upon Islamic Banker's request, you agree to defend, indemnify and hold harmless Islamic Banker from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
10. Force Majeure
Islamic Banker, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Islamic Banker Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms.
Islamic Banker may, in its discretion, change these Terms (including those relating to your use of Site and/or Islamic Banker Content). When Terms are changed, Islamic Banker will publish details of those changes by including them in these Terms. If you use the Site after Islamic Banker has published the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Islamic Banker Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Islamic Banker is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Islamic Banker is not responsible for the availability of these web sites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Islamic Banker.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to Islamic Banker must be given in writing by letter and sent to Islamic Banker's last known place of business in London (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction 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 irrevocably submit all disputes to the jurisdiction of the English courts
For the exclusive benefit of Islamic Banker, Islamic Banker shall retain 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 entered into in the course of your trade or profession, the country of your principal place of business.