Terms and Conditions of Use
Last Updated: 23 March 2013
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE CHECKBOX OR BY ACCESSING OR USING THE SITE, WEB SERVICES, DATA OR THIRD PARTY DATA, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, WEB SERVICES, DATA OR THIRD PARTY DATA. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event; “Customer”, “You” and “Your” will refer and apply to that company or other legal entity.
- “Web Services” consist of a set of software programs, interfaces, and webpages running on computers hosted at Islamic Banker sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site.
- “Data” means the prices, information and other market data that is (i) owned by Islamic Banker and (ii) obtained by Islamic Banker from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.
- “Third Party Data” means the prices and other data that is (i) not owned by Islamic Banker and (ii) obtained by Islamic Banker from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.
- “Data Owner” means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Islamic Banker has secured redistribution agreements with the Data Owner.
- “Distinct Software Applications” means software applications that automate substantially different business products, services, processes or functions of Customer. Islamic Banker reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications.
- “Data Exchange Format” means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access (e.g., ODBC, etc.), any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Islamic Banker reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format.
- "Payment method" means a payment method accepted by Islamic Banker, including, but not limited to, debit cards, credit cards, PayPal, or any other payment method approved by Islamic Banker at any time.
- “Site” means www.islamicbanker.com and all other websites owned or operated by Islamic Banker or its subsidiaries.
- “Subscription Plans” means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. Islamic Banker posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by Islamic Banker from time to time. The current subscription plans offered with respect to the Web Services are located at http://www.islamicbanker.com/upgrade.
Islamic Banker reserves the right to modify, discontinue or terminate the Site, Web Services, Data and Third Party Data or to modify this Agreement, at any time and without prior notice. If Islamic Banker modifies this Agreement, Islamic Banker will post the modification on the Site or provide you with notice of the modification, if there are material modifications. Islamic Banker will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Site, Web Services, Data and Third Party Data after Islamic Banker has posted a modification on the Site or has provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Site, Web Services, Data and Third Party Data.
In order to access the Site, Web Services, Data and Third Party Data, You must register to create an account (“Account”). During the registration process, You will be required to provide certain information and You will establish a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Islamic Banker reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify Islamic Banker of any unauthorized use of Your Account.
SUBSCRIPTION PLANS AND FREE TRIALS
We offer subscription services and free trials through the Site.
Free trial:Your subscription plan may start with a free trial. The free trial period lasts for fourteen (14) days, or as otherwise specified during the sign-up process. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted Payment Method as indicated during sign-up, to use our services.THE RESTRICTIONS OF THE FREE TRIAL ARE DETERMINED SOLELY AT THE DISCRETION OF ISLAMIC BANKER AND MAY BE MODIFIED AT ANY TIME. THE FREE TRIAL IS PROVIDED ONCE AND ONLY FOLLOWING YOUR REGISTRATION AT THE SITE FOR A SINGLE FOURTEEN (14) DAY PERIOD. THE FREE TRIAL IS NOT PROVIDED UPON SUBSQUENT REGISTRATION BY CUSTOMER OR CUSTOMER’S AGENTS OR AFFILIATES. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details.
Payment details:we will begin billing Your Payment Method for monthly subscription fees at the end of the Free Trial period, unless You cancel prior to the end of the Free Trial period. You will not receive a notice from us that Your Free Trial period has ended or that the paying portion of Your subscription has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly, annuallyor any other billing frequency specified during the sign up process for your subscription fee until You cancel. You may cancel your subscription at anytime; however, there are no refunds or credits for partially used periods.If You buy a subscription using a corporate credit card then we will treat Your subscription or Free Trial as being for the benefit of both You and the relevant company.
Usage rights: unless You purchase a subscription or have access to a Free Trial to use the Site, then Your usage rights will be limited. You may obtain broader usage rights by purchasing a subscription. Islamic Bankerreserves the right to vary the amount of content and types of service that it makes available to different categories of user which means that we may increase or reduce the content and services that are only available to paying subscribers or free trial users from time to time.
Contract formation: Islamic Banker will try to process Your Subscription Plan or Free Trial promptly but does not guarantee that Your subscription or free trial will be activated by any specified time. By submitting Your payment and other subscription details, You are making an offer to us to buy a Subscription Plan or Free Trial. Your offer will only be accepted by us and a contract formed when we have successfully verified Your payment details and email address, at which point we will provide You with access to Your Subscription Plan or Free Trial. Islamic Banker reserves the right to reject any offer in its discretion, for any or no reason.
Pricing: the subscription price will be made clear to You on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. For certain Subscriptions PlansYou can take out either an annual or monthly (or other frequency we offer) subscription. Other Subscription Plans may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time You subscribe and cannot be changed during the term of Your subscription. We will always tell You in advance of any increase in the price of Your subscription and You will have an opportunity to cancel it if You do not wish to pay the new price.
Pricing errors: if we incorrectly state a price to You whether online or otherwise, we are not obliged to provide You with a subscription, even if we have mistakenly accepted Your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, You may cancel the subscription or free trial without any obligation to us and we will refund You any money You have paid us in full or You may pay the correct price. If You refuse to exercise either of these choices then we may cancel your subscription or free trial and will refund You any money You have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Other costs: in addition to any subscription fees you pay, You are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Site or using the services available on it. For example, if You use any of our mobile services then your network operator may charge you for data or messaging services.
Renewals: if You chose to pay monthly, Your subscription will continue until You tell us that You no longer wish to receive it, in which case You will stop paying the monthly fees. Please see the “Cancellations by You” section below for details of how to cancel Your monthly subscription. If You chose to pay annually, unless You notify us before the end of Your annual subscription period that you no longer wish to receive it, Your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that You previously used. We will notify You in advance of any changes to the price in Your subscription that will apply upon renewal.
Cancellations by You and refunds: You agree that once we have started providing any part of Your subscription to You, You do not have any right to cancel Your subscription or any part of it until the end of Your then current subscription period. This means that You are not entitled to a refund once we have started providing any part of Your subscription to You, except in the very limited circumstances which are referred to in these terms and conditions. Although You may notify us of Your intention to cancel at any time, such notice will only take effect at the end of Your then current subscription period. You may notify us of Your wish to cancel Your subscription by contacting our Customer Services team at firstname.lastname@example.org.
Payments: if You purchase any services that we offer for a fee, either on a one-time or subscription basis, You agree to Islamic Banker and/or its affiliates storing Your payment card information. You also agree to pay the applicable fees for the services as they become due plus all related taxes. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
LICENSES AND DATA
Web Services License: Subject to Customer’s compliance with the terms and conditions of this Agreement, Islamic Banker grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Web Services solely for its business purposes. This Agreement governs Customer’s access to and use of the Web Services and the Site. Customer acknowledges and agrees that but for this Agreement, Customer would have no rights or access to the Web Services and the Site.
Rights in Data License: Subject to Customer’s compliance with the terms and conditions of this Agreement, Islamic Banker grants to Customer a limited, non-exclusive, non-transferable, license to access and use the Data and Third Party Data available via the Web Services solely for its business purposes. In addition, any Third Party Data may be subject to restrictions of use and require additional license agreements with the Data Owner. While Islamic Banker may, in its sole discretion, offer administrative assistance to Customer in obtaining such additional licenses, Customer is solely responsible for obtaining all required license agreements with each Data Owner pursuant to Customer’s use of such Third Party Data. If Customer does not obtain a required license agreement for any portion of the Third Party Data and as such is in violation of the Data Owner’s licensing requirements, Islamic Banker may terminate access to the unlicensed portion of Third Party Data until Customer obtains such license agreements with the Data Owner.
Restrictions on the Web Services:
- Customer may use the Web Services solely with any software application owned or licensed by Customer.
- Customer may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Web Services for use by software applications not owned or licensed by Customer.
- Neither party will attempt to access, tamper with, or use non-public areas of the other party’s website, computer systems, or the technical delivery systems of the other party’s Islamic Bankers.
- Neither party will attempt to probe, scan, or test the vulnerability of any of the other party’s systems or networks or breach any of the other party’s security or authentication measures.
Restrictions on the Data and Third Party Data:
- Customer may use the Data and Third Party Data solely with any software application owned or licensed by Customer.
- Customer will not use, redistribute, sublicense, sell or otherwise make available any portion of the Data or Third Party Data in any Data Exchange Format for use in software applications not owned or licensed by Customer.
- Customer may not display or make the Data or Third Party Data available in any Data Exchange Format to non-employee users, including but not limited to, vendors, contractors, partners and the general public (e.g., public websites, partner and vendor extranets, EDI applications, etc.).
- Customer may cache and store the Data and Third Party Data for use within each Distinct Software Application provided such use is in compliance with restrictions imposed by the Data Owners. The Data or Third Party Data may not be shared between Distinct Software Applications or made available in any Data Exchange Format for the purpose of sharing between Distinct Software Applications.
Enforcement: Except as otherwise provided herein, Customer is responsible for all of Customer’s activities occurring through its use of the Web Services.
Telecommunications and Internet Services: Customer acknowledges that the use of the Web Services by Customer is dependent upon access to telecommunications and Internet services. Customer will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Web Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.
The Site may includearticles, bulletin boards, discussion groups and other public or private areas that allow users to provide feedback or express their opinions (“Forums”). While Islamic Bankerdoes 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 or Arabic;
- 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 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. 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.
Service Level: Islamic Banker will use its reasonable business efforts to ensure that the Web Services operate according to acceptable service levels, except for reasonable service interruptions due to Excusable Delays (defined below) or regularly scheduled maintenance. Islamic Banker further agrees that it will use its reasonable business efforts to prevent and/or rapidly respond to and remedy any interruption to the operation of the Web Services caused by third parties from unlicensed use, viruses, malicious code, denial of service attacks, or other external tampering with the Web Services. HOWEVER, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, ISLAMIC BANKER MAKES NO OTHER WARRANTY REGARDING THE OPERATION OF THE WEB SERVICES.
Customer Responsibilities: Customer will promptly report any errors in the operation of the Web Services to Islamic Banker and will not take any actions that would increase the severity of the error. Customer will use the Web Services solely as described herein. In the event that Customer violates any of the requirements of this Section, Islamic Banker will have no responsibility to provide Support.
Enhancements and Modifications:Islamic Banker will provide to Customer enhancements or modifications (“Updates”) to the Web Services as they become available. Customer acknowledges that additional Subscription Fees may be charged for the use of Updates, and that Islamic Banker has sole discretion in identifying which Updates require the payment of additional Subscription Fees. Islamic Banker acknowledges that Customer has sole discretion in deciding to use Updates and is only responsible for additional Subscription Fees for those Updates that Customer decides to use. Should Customer decide to use Updates that require additional Subscription Fees, then new Subscription Fees for Customer’s use of the Web Services shall be (i) as described and/or as selected by You via the Site in connection with purchase to use the Web Services, Data and Third Party Data or (ii) negotiated between You and Islamic Banker by creating an addendum to this Agreement.
WARRANTIES, INDENMITY, AND LIMITATION OF LIABILITY
Indemnification by Islamic Banker: Islamic Banker agrees to defend (or settle), indemnify and hold Customer, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Web Services, Data or Third Party Data infringe or misappropriate any Intellectual Property Rights (defined below) of any third party, only to the extent the liabilities, damages, or expenses result from use of the Web Services that is within the scope of this Agreement, provided that Customer does not make any admission of Islamic Banker guilt without Islamic Banker’s prior written approval and provided that Customer gives Islamic Banker (i) prompt written notification of the claim or action, (ii) sole control and authority over the defence or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action. As used in this Section, “Intellectual Property Rights” specifically includes, without limitation, any patent, copyright, trade mark, trade name, trade dress, trade secret, service mark, service name, title, slogan, proprietary process, or any other intellectual property right.
Indemnification by Customer: Customer agrees to defend (or settle), indemnify and hold Islamic Banker, its employees, directors and officers harmless from and against any and all liabilities, losses, damages, or expenses (including court costs and reasonable attorneys fees) in connection with any third party claim that the Customer’s use of the Web Services or Data in violation of this Agreement infringes or misappropriates any Intellectual Property Rights of any third party, provided that Islamic Banker does not make any admission of Customer guilt without Customer’s prior written approval and provided that Islamic Banker gives Customer (i) prompt written notification of the claim or action, (ii) sole control and authority over the defence or settlement thereof, and (iii) all reasonably available information, assistance and authority to settle and/or defend any such claim or action.
Warranty Disclaimers: OTHER THAN SPECIFICALLY SET FORTH HEREIN, (i) THE WEB SERVICES, SITE, DATA, AND THIRD PARTY DATA ARE DELIVERED TO CUSTOMER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION PROVIDED, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR PERFORMANCE, (ii) ISLAMIC BANKER MAKES NO WARRANTY THAT THE SITE, DATA, OR THIRD PARTY DATA WILL MEET CUSTOMER'S SPECIFIC OBJECTIVES OR NEEDS; (iii) ISLAMIC BANKER MAKES NO WARRANTY THAT THE WEB SERVICES, SITE, DATA, OR THIRD PARTY DATA WILL BE FREE FROM ERRORS OR BUGS; and (iv) ISLAMIC BANKER MAKES NO WARRANTY THAT THERE WILL BE UNINTERRUPTED OPERATION OF THE WEB SERVICES, SITE, DATA, AND THIRD PARTY DATA. CUSTOMER ACKNOWLEDGES THAT (i) ANY DATA DOWNLOADED THROUGH THE USE OF THE WEB SERVICES AND SITE IS DONE AT ITS OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF APPLICATIONS OR DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DATA and (ii) THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ISLAMIC BANKER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.
Accuracy of Data and Third Party Data:ISLAMIC BANKER MAKES NO WARRANTY REGARDING THE DATA, THIRD PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH ISLAMIC BANKER’S SITE AND/OR THE WEB SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA, THIRD PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH ISLAMIC BANKER’S WEBSITE AND/OR THE WEB SERVICES.
Limitation of Liability: UNLESS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL ISLAMIC BANKER’S AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO OR USE OF THE WEB SERVICES EXCEED THREE (3) MONTHS PRORATED SUBSCRIPTION FEES, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION. ISLAMIC BANKER WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY DAMAGES RESULTING FROM ANY INTERRUPTION OR DISRUPTION IN COMMUNICATIONS OR SERVICES, UNAVAILABILITY OR INOPERABILITY OF SERVICES, TECHNICAL MALFUNCTION, LOST DATA, OR LOST PROFITS, EVEN IF ISLAMIC BANKER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILTY OF OR COULD HAVE REASONABLY PREVENTED SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Excusable Delays: Any delay in performance of any provision of this Agreement caused by conditions beyond the reasonable control of either party will not constitute a breach of this Agreement, provided that the delaying party has taken reasonable measures to notify the affected party of the delay in writing and uses reasonable efforts to perform in accordance with this Agreement notwithstanding such conditions. The delayed party’s time for performance will be deemed extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party’s reasonable control include, but are not limited to, natural disasters, acts of government, acts of terrorism, power failures, major network failures, fires, riots, and acts of war (collectively, “Excusable Delays”).
Compliance with Laws and Policies. The parties hereby agree to abide by and comply with all applicable local, state, national, and international laws and regulations (including applicable laws that pertain to the transmission of technical data, privacy, the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property).
Governing Law: These terms and conditions of use and your use of the services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these terms and conditions of use.
Entire Agreement and Severability. This Agreement, as amended from time to time according to its terms, shall constitute the entire agreement between Customer and Islamic Banker respecting the Site, the Web Services, the Support, the Data, and the Third Party Data described herein, and shall supersede all prior agreements, arrangements, representations or promises, whether oral or written, as to its subject matter. This Agreement may be amended only in a written agreement that is duly executed by authorized representatives of the parties.
Force Majeure. Islamic Banker and their respective affiliates shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
Waiver. No waiver by either party of any default by the other in the performance of any provisions of this Agreement shall operate as a waiver of any continuing or future default, whether of a like or different character.
Assignment. Neither party may assign this Agreement without prior written consent unless in connection with a merger or acquisition of either party.
Severability. If any provision of this Agreement (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.
Relationship Between the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent.
No Third-Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.
Notice. The parties may give notice to each other via email. Notices sent to Islamic Banker should be directed to email@example.com. Notices sent to Customer will be sent to Customer at the email address provided during registration to use the Web Services.