TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (‘TERMS OF USE’) CAREFULLY BEFORE USING THIS WEBSITE (SITE). IF YOU USE THIS SITE, IT SHALL DEEM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF USE, WHICH SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND WEBSITE DISCLAIMER, VOLUNTARILY AND FREELY CONSENTED AND AGREED TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY AND WEBSITE DISCLAIMER.

THE INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AND YOU SHOULD REVIEW THESE TERMS OF USE REGULARLY AS YOUR CONTINUED USE OF THE SITE INDICATES AGREEMENT TO ANY SUCH CHANGES.

Owner of the Site:

This Site is provided by Mubasher Financial Services (DIFC) Limited, a Firm duly incorporated under the laws of the Dubai International Financial Centre (“DIFC”) and licensed as an Investment Firm Category 3A by the Dubai Financial Services Authority and having its office at  Unit 303, Liberty House, Dubai International Financial Centre, Dubai, United Arab Emirates and whose Registration Number is 2461 [hereinafter referred to as ‘MFS’] being the owner of the Site and/or its parent, subsidiaries, Affiliate/s and group companies together with other companies that have licensed the content or software to MFS. All users who access the Site (User/s) are subject to these Terms of Use.

All information on this Site is provided to users who are Professional clients as defined by Dubai Financial Services Authority (DFSA) and not for retail clients since they do not qualify for the services offered by MFS.

Intellectual Property Rights:

User acknowledges, agrees and confirms that MFS, or its Affiliates or subsidiaries or group companies and/or the information provider/s have Intellectual Proprietary Rights in or to all information, certain trademarks, service marks, trade names, corporate names included in the Site. User agrees not to use such Intellectual Property in any way, which would infringe the rights of MFS and/or the information provider/s. User agrees not to alter, remove, or obscure any copyright notices or other proprietary notices as furnished by MFS or to use in any manner MFS’s or its Affiliates or subsidiaries or group companies or information provider’s trademarks or service marks.

User agrees not to alter, decompile, or disassemble or reverse engineer or otherwise determine or attempt to determine source code or the executable code of the underlying software or create any derivative works based upon the software, or authorize any third party to do so; rent, lease, distribute, or resell the software, or attempt to do any of the foregoing. User shall not obfuscate, remove or alter any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on the Site. User is granted a limited and restricted license and authority to use the information on this Site as a professional user solely for its/his use or reference, on a non-exclusive, non-assignable and non-transferable basis and may also be subject to the Brokerage Agreement (if any) entered into between the professional user/his institution and MFS.

Limited Warranty:

MFS SHALL ENDEAVOUR AND MAKE BEST EFFORTS TO PROVIDE THE INFORMATION ON THE SITE, COMPLETELY, CONTINUOUSLY AND CONCISELY SUBJECT TO AVAILABILITY OF INFORMATION FROM THE INFORMATION PROVIDER/S AND ALSO OPERATIONAL PERFORMANCE OF COMMUNICATION LINKS THROUGH WHICH THE INFORMATION IS TRANSMITTED.

USER UNDERSTANDS AND EXPRESSLY AGREES THAT: USER’S USE OF THE SITE IS AT USER’S SOLE RISK. THE SITE IS PROVIDED TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MFS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, COMPLETENESS, ACCURACY, TIMELINESS OR THAT THE SAME WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR DEFECTS.

Disclaimer of Liability:

NEITHER MFS NOR THE INFORMATION PROVIDER/S SHALL BE LIABLE TO THE USER OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE FOR ANY ERRORS, INACCURACIES OR OMISSIONS OF THE INFORMATION, OR FOR ANY DELAY OR INTERRUPTION, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM. MFS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR LOSSES OR DAMAGES OF ANY KIND WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF THE USE OF THE SITE OR THE REFERENCE AND RELIANCE ON ANY INFORMATION OBTAINED ON THE SITE.

SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS:

As a result of high internet traffic, transmission issues, system’s capacity limitations, and other issues which are beyond our control, you may, at times, experience difficulty in accessing the Site or communicating with MFS through internet or other electronic and wireless media.

Risk Warnings:

The User agrees that certain statements available on this Site are subject to various risks and uncertainties which could cause actual results to differ from the expectations. The User agrees that the use of such information is at his own discretion and such information cannot be considered as an advice from MFS to buy or sell any particular securities or other Property or the timing or quantum of such transaction. No assessment of suitability has been made for the information available on the Site. User also agrees and understands that as such the information is for informative purposes only and the User must read all disclaimers on such publications carefully and rely solely on his own skill, knowledge and judgement on deciding on any transaction or seek independent professional advice when necessary. The User agrees and categorically states that he will not have any claims whatsoever against MFS for any losses incurred by him by following any such information available on the Site.

No Offer to Sell or Buy:

The information on this Site is not intended to constitute any offer to sell or the invitation or solicitation of an offer to buy any product or service by any company described or referred to in this Site or by any subsidiary, holding company or affiliate of such company and must not be relied upon in connection with any purchase or sale decision.

Governing Law:

This Terms of Use shall be construed in accordance with and governed in all respects by the laws of DIFC, U.A.E and the Parties submit to the exclusive jurisdiction of DIFC courts in respect of all legal proceedings which may arise in any way whatsoever out of this Terms of Use.

Amendments:

MFS reserves the right to vary, amend and/or substitute these Terms of Use, including any applicable subscription fees from time to time without prior notice to User. Such amendments shall be posted on this Site (currently at www.mubasherfs.com) and shall be deemed to be effective and binding on all Users. In the event User does not agree to the new terms and conditions offered by MFS, after making payment of outstanding dues (if any) User will have the right to terminate these Terms of Use, by written notice to MFS.

Links to Websites:

This Site may include links to other websites from time to time. These links are provided for your convenience to provide further information. They do not signify that MFS endorses such website(s) and MFS has no responsibility for the content of any linked website(s).

User may not create a link to this Site from any other website or document without the prior written consent of MFS.

Miscellaneous:

If MFS is prohibited by any law of any jurisdiction from making the information on this Site available to any User in such jurisdiction, this Site is not directed at such User/s and intended for any use that would be contrary to any law or regulation.