TERMS AND CONDITIONS
iSCF CAPITAL LIMITED WEB SITE TERMS AND CONDITIONS
The purpose of this Site is for providing general information about iSCF and its products and services, and it does not constitute the sale or marketing of securities or financial products and services. Any and all information contained on this Site is directed to persons who are qualified as Professional Clients under the rules enacted by the Dubai Financial Services Authority. By accessing, viewing, or using this Site, including all content made available through the Site, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms and Conditions and agree to be legally bound by them. Please note that iSCF reserves the right to change these Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
1. GRANT OF LICENSE
This Agreement provides you, the User, with a personal, revocable, nonexclusive, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions of this Agreement. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell or, other than for personal, non-commercial use, use any information or material obtained from or through this Site without the prior written consent of iSCF. As a further condition of use of this Site, all Users warrant to iSCF that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All content contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, Luxembourg copyright, trade secret (for any password protected areas, if any), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, iSCF does not grant any express or implied right(s) to Users of this Site. Please be aware that iSCF actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2015 iSCF. All Rights Reserved. Removing or altering the copyright notice on any content on this Site is prohibited. iSCF also owns a copyright in the content and in Site as a whole, as a collective work, and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.
2.2 The following trademarks: iSCF, iSCF Plus Design, and all other names, logos, and icons identifying iSCF and/or ISCF’s products and services are proprietary marks of iSCF. Other product and company names mentioned herein may be the trademarks of their respective owners.
3. PASSWORD POLICY
Your use of certain portions of this Site may require a password. As part of the registration process, you must select a user name and password and provide iSCF with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. You will also immediately notify iSCF if you become aware of any loss or theft of your password or any unauthorized use of your password. iSCF reserves the right to delete or change a password at any time and for any reason.
4. USER CODE OF CONDUCT
4.1 You agree not to do the following:
(a) Restrict or inhibit any other User from using and enjoying the Site. This includes, without limitation: (i) using, or attempting to use, any account without the owner’s permission, (ii) obtaining or soliciting another person’s password or other personal information under false pretences, or (iii) impersonating another user or otherwise misrepresenting yourself to iSCF, the Site’s systems, or other entities;
(b) Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (i) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (ii) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties;
(c) Post, store, or transmit any non-Sharia compliant, unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by iSCF) information or material;
(d) Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
(e) Provide any information to iSCF that is not true, accurate, current and complete information or fail to maintain and update any information you provide to iSCF;
(f) Misuse any e mail function available on or through the Site. This includes, without limitation, (i) sending unsolicited commercial e mail to any account that causes complaints from the recipients, (ii) continuing to send commercial e mail to a recipient if recipient has requested that you discontinue such communication, (iii) sending bulk e mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (iv) forging message headers or otherwise concealing an e mail address or preventing others from responding to a message, or attempting to do so;
(g) Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
(h) Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party’s rights;
(i) Use the Site for any unlawful purposes; or
(j) Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
iSCF also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively Feedback) received through this Site, however, will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for iSCF to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such feedback, and User hereby waives any claim to the contrary. Further, iSCF is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you may send to this Site for any purpose whatsoever including, but not limited to, creating and marketing products and/or services using such information.
7. ENFORCING SECURITY
iSCF reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording could be subject to review by law enforcement organizations and data protection agencies in connection with investigation or prosecution of possible criminal or other illegal activity on the Site. iSCF reserves the right to comply with all court orders, subpoenas, warrants, or other regulatory or administrative requests for such information.
8. ADVERTISERS ON THIS SITE
iSCF, in its sole discretion, may post the advertisements of third parties on this Site. A User’s correspondence or any other dealings with advertisers found on this Site are solely between the User and such advertiser. Users agree that iSCF shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, Users shall not knowingly or intentionally interfere with the display of such advertisements.
9. LINKS TO OTHER SITES
iSCF may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by iSCF and are maintained by third parties over which iSCF exercises no control. Accordingly, iSCF expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
10. EVENTS BEYOND iSCF’S CONTROL
Users expressly absolve and release iSCF from any claim of harm resulting from a cause beyond iSCF’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
11.1 NOTHING IN THE SITE OR THESE TERMS CONSTITUTES AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO PURCHASE ANY SECURITIES OF ANY KIND IN, OR ISSUED BY, iSCF, INCLUDING ANY INVESTMENTS, FUNDS OR ENTITIES IT OWNS, MANAGES, CONTROLS OR OFFERS, AS APPLICABLE. IN ADDITION, THIS DOCUMENT DOES NOT CONSTITUTE AN OFFER OR AN INVITATION TO THE GENERAL PUBLIC TO INVEST IN iSCF, NETHER HAS IT BEEN SUBJECT TO ANY REGULATORY FILING, REVIEW OR APPROVAL. BEFORE RELYING ON ANY INFORMATION ON THE SITE IN ANY WAY, iSCF ADVISES YOU TO PERFORM INDEPENDENT VERIFICATION OF THE DATA AND CONDUCT YOUR OWN ANALYSIS WITH APPROPRIATE ADVISORS. STATEMENTS CONTAINED IN THE SITE MAY INCLUDE STATEMENTS OF FUTURE EXPECTATIONS AND OTHER FORWARD-LOOKING STATEMENTS. ANY PROJECTIONS OR OTHER ESTIMATES IN THESE MATERIALS ARE BASED UPON CERTAIN ASSUMPTIONS. ACTUAL EVENTS MAY DIFFER MATERIALLY FROM THOSE ASSUMED, WHICH MAY HAVE A MATERIAL IMPACT ON ANY INFORMATION, PROJECTIONS OR ESTIMATES PROVIDED. THE INFORMATION CONTAINED IN THE SITE MAY CONTAIN GENERAL, SUMMARY DISCUSSIONS OF CERTAIN TAX, REGULATORY, ACCOUNTING AND/OR LEGAL ISSUES. ANY SUCH DISCUSSIONS AND ISSUES MAY BE GENERIC AND MAY NOT BE APPLICABLE TO OR COMPLETE FOR YOUR PURPOSES. iSCF DOES NOT OFFER TAX, REGULATORY, ACCOUNTING OR LEGAL ADVICE AND THE SITE SHOULD NOT AND CANNOT BE RELIED UPON AS SUCH. THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE REPRODUCED IN WHOLE OR IN PART (WHETHER ELECTRONIC OR HARD-COPY FORM).
11.2 WHILE iSCF ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE CONTENT, INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE, THE CONTENT, INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, iSCF MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE CONTENT, INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
11.3 YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE CONTENT, INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE. iSCF MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE CONTENT, INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH CONTENT, INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
11.4 IN NO EVENT SHALL iSCF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, INCLUDING ANY CONTENT, OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY CONTENT, INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF iSCF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS A RESULT OF SOME JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF iSCF FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE, INCLUDING ANY CONTENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO iSCF IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
You agree to defend, indemnify, and hold harmless iSCF and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. You agree to cooperate as fully as reasonably required in iSCF’s defence of any claim. iSCF reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of iSCF.
13. TERM AND TERMINATION
This Agreement will take effect at the time the User begins using this Site (thereby indicating acceptance of these Terms and Conditions). iSCF reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Failure to insist on strict performance of any of these Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by iSCF of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any present or future law, and if the rights or obligations of any party hereto under these Terms and Conditions will not be materially and adversely affected thereby, (a) such provision will be fully severable, (b) these Terms and Conditions will be construed and enforced as if such provision had never comprised a part hereof, (c) the remaining provisions of these Terms and Conditions will remain in full force and effect and will not be affected by such provision or its severance herefrom and (d) in lieu of such provision, there will be added automatically as a part of these Terms and Conditions a legal, valid and enforceable provision as similar in terms to such provision as may be possible.
No joint venture, partnership, employment, or agency relationship exists between a User and iSCF as a result of this Agreement or User’s utilisation of this Site.
17. ENTIRE AGREEMENT/RESERVATION OF RIGHTS
These Terms and Conditions and iSCF’s , which is hereby incorporated as if set forth fully herein, represent the entire agreement between the User and iSCF with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and iSCF with respect to this Site. Any rights not expressly granted herein are reserved.
18. GOVERNING LAW AND JURRISDICTION
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the Dubai International Financial Centre as applied to agreements entered into and completely performed in the Dubai International Financial Centre. Any action to enforce this Agreement will be brought in the courts presiding in the Dubai International Financial Centre, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by iSCF from its offices within the United Arab Emirates. iSCF makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Cookies and Tracking Technologies Policy
What are cookies and tracking technologies?
A cookie is a small file of letters and numbers sent by a website to your computer or mobile device where it is stored by the User’s browser if the User agrees. Cookies contain information which enable a website to recognize the User as he/she moves around the site and/or each time the User revisits. Cookies may be sent by the website that the User is visiting or by another organization which provides services to that website, such as an advertising network or analytics company.
(b) Web beacons and other tracking technologies
Web beacons are small bits of code that communicate with third parties and are embedded in web pages, ads or in emails. Web beacons and other tracking technologies, such as gif, page tags and script, are often used together with web browser cookies to help website publishers to better analyze and improve their services and to target advertising based on your browsing behavior and interests.
iSCF uses a variety of cookies and other tracking technologies for the following purposes:
Strictly necessary cookies. These are cookies that are required for the operation of the Site. They include, for example, cookies that enable you to log into secure areas of the Site, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow iSCF to recognize and count the number of visitors and to see how visitors move around the Site when they are using it. This helps iSCF to improve the way its Site works, for example, by ensuring that the User is finding what he/she is looking for easily.
Functionality cookies. These are used to recognize the User when he/she returns to the Site. This enables iSCF to personalize its content for the User, greet the User by name and remember the User’s preferences (for example, the User’s choice of language or region).
Targeting cookies. These cookies record the User’s visit to iSCF’s Site, the pages the User has visited and the links the User has followed. iSCF will use this information to make its Site and the advertising displayed on it more relevant to the User’s interests. iSCF may also share this information with third parties for this purpose.