Terms and Conditions
Thank you for choosing Finllect. Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter are capitalised have meanings defined under the following
conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application or App means the software program provided by the Company downloaded by You on any electronic device, named Finllect.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest orothersecuritiesentitledtovoteforelectionofdirectorsorothermanagingauthority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Finllect (Digital Technologies) Ltd, a company registered in the Dubai International Financial Services Centre, with registered company license number CL4330.
- Country refers to: United Arab Emirates
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Finllect App
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
The App is offered and available to users who are 15 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App. Registering on behalf of another who does not meet this age requirement is itself a violation of these Terms.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may unsubscribe from the Service or contact [email protected] to discuss Your questions.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the App and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Use of Services
- Your use of all the Services is governed by these Terms. Finllect may at its absolute discretion refuse you access to Finllect and/or cancel/terminate your registration without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your registration.
- You must be 15 years of age or over to use the App and/or the Services
- Use of the App or Services requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
- The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Finllect. Illegal and/or unauthorised use of the Services is prohibited. Unauthorised commercial advertisements, affiliate links and other forms of solicitation may be removed from accounts without notice and may result in termination of privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the Services. You are prohibited from selling, trading or otherwise transferring your account to another party.
- You will need to register to use the App by creating an account with Finllect. This is so that we can provide you with easy access to your personal section of the App. You can register directly with us in order to use the App.
- If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register to become a Customer, you need to submit your name and a valid email address. You are solely responsible for maintaining the confidentiality of your account, and you are fully responsible for all activities that occur under your account. You agree to notify Finllect immediately if you suspect any unauthorised use of your account or any other breach of security.
- You shall be responsible for all activity occurring under your registration details and account. Finllect cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Any accounts which have been registered with another person’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we suspect use of an invalid email address.
- Finllect disclaims any and all responsibility in relation to any offers made available on the App and any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Finllect nor its officers, employees or Affiliates may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied in connection with the App.
- Third party merchants (the “Merchants“) may advertise goods and services on the App from time to time. It is at the Merchant’s sole discretion to determine whether advertised packages can be used in conjunction with any other promotions, vouchers, third party certificates or coupons.
Intellectual Property
The App and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
The App is protected by copyright, trademark, and other laws of both the Country.
Links to Other Websites
Our App may include links to third-party web sites or services that are not owned or controlled by the Company. We do not have control over and cannot assume responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
What You are Not Allowed to Do
Except to the extent expressly set out in these terms, you are not allowed to:
- ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
- or create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
- You must only use the Services and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the App will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Governing Law
The laws of Dubai International Financial Services exclusively govern these Terms and Your use of the Service. Any disputes arising out of or in relation to these Terms shall be exclusively submitted to Small Claims Tribunal within the Dubai International Financial Centre courts.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Reliance on Service Features and Content
In all cases, information available through the Services is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
To the fullest extent permitted by law, we make no promises, pledges or representations about the Services and/or the Site and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services and/or Site or relying on any content available through the Services.
We cannot and do not guarantee that any content provided as part of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Investment Advice
Finllect is not regulated by a financial services regulatory authority and does not offer any regulated services. The content, commentary and materials posted on the App are strictly for public information and distribution purposes only and are not intended to address your particular requirements. We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this App, or by anyone who may be informed of any of its contents.
You understand and agree that the Services do not constitute any form of advice, recommendation, endorsement or arrangement. The information published on the App should not be interpreted as a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The opinions expressed on the App do not constitute investment advice.
The Services do not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Independent advice should be obtained before making any such decision from your financial adviser, tax adviser or solicitor.
In using the Services you acknowledge that:
- the App, and the commentary, material and content displayed on the App, are provided for information purposes only and are not intended for trading purposes;
- the App may include certain information taken from stock exchanges and other sources from around the world;
- the provision of certain parts of the App may be subject to the terms and conditions of other agreements to which Finllect is a party;
- you expressly agree that your use of the Services and the App is at your sole risk.
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
General Terms
- These Terms, which incorporate the Privacy Policy and any notices raised by us on our App from time to time constitute the entire agreement between you and Finllect regarding the use of this App and the Services.
- These Terms supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
- Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
- The failure of Finllect to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the App.
- These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to Finllect and you.
- You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of Finllect.
- Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and Finllect.
- Finllect shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
- Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. The original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email at [email protected]