Please read these Terms of Use and the Content Guidelines (together, the "Terms") carefully, as they set out our and your legal rights and obligations in relation to the use of our Website and app and any of the services available through it. If you do not agree to these Terms, you must not use our Website and app regardless of whether or not you are a Registered User. If you register with our Website and app, we will ask you to expressly agree to these Terms but, in the absence of registration, your decision to continue use of this Website and app represents implicit acceptance of these Terms. Before accessing certain third party material on the Website and app, you may also be asked to give your express agreement to specific disclaimers in relation to that third party material.
In these Terms:
“Charges” means the subscription charges payable to Islamicly by the Subscriber in respect of the Subscription Services;
"Content Guidelines" means the 'forum guidelines', 'posting guidelines', 'article guidelines' and 'editing guidelines' posted on our Website as amended by us from time to time;
"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered, and including any application or right of application for such rights (including without limitation copyright and related rights, moral rights, registered and unregistered trademarks, patents, design rights and database rights);
"Registered User" means a person who has created an account with the Website or app;
"Islamicly Content" means assigning compliance, financial news articles, research material, blogs and other textual content that we write and publish for free on the Website and app, identified by being authored by either Islamicly News, Islamicly Features or our staff or us;
“Subscription Service” means one of the paid-for data and screening subscription services (“Islamicly Data”) and data analysis tools available on the Website and app from time to time, including but not limited to the Islamicly Premium app and desktop services;
“Subscriber” means a Registered User who has subscribed to a Subscription Service;
“Third Party Content” means financial news, articles, advertising and/or other content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) that is published on the Website and app, but is provided by third parties (for example content sourced from external publishers including news organisations and research houses),
“Islamicly Data” means data that we source from third party data suppliers and any intermediate algorithms and calculations that we undertake in respect of that data;
"Trial Period" means a period during which the Subscriber can access a Subscription Service without paying the Charges or such charges that may be explicitly mentioned corresponding with duration of usage;
"Use" means any use whatsoever and includes, without limitation, viewing, storing, reproducing, displaying, publishing, distributing, broadcasting and/or creating derivative works;
"User Content" means content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) uploaded or otherwise provided for publication by a Registered User for Use on or in relation to the Website and app; and
"Website" means the website at www.Islamicly.com or any successor site operated by us from time to time.
“App” means the application as listed under the name “Islamicly” on the Google play store or the iOS store.
References in these Terms to "we" or "us" mean Islamicly; and references in these Terms to "you" mean the person using the Website or holding a Registered User account with the Website.
We or our licensors own the Intellectual Property Rights in the Website and the app and material on the Website and the app. You may view, download for caching purposes only, and print material from the Website and app, in each case for personal use only, and subject to the restrictions set out below. Non-personal use is a violation of these Terms. Non - personal usage such as by financial institutions, investment advisors, asset managers, portfolio managers or any such firms/corporations/entities to manage third party or own clients investments is not permitted. If you are one of the above users, you may please send us a request for activation on info@islamicly.com Save to the extent that you own (or are properly licensed by a third party to exercise) the relevant rights, you must not: (a) republish or redistribute material from the Website and the app (including republication or redistribution on another website or in any other format); (b) sell, rent or sub-license material from the Website and the app; (c) edit or otherwise modify any material from the Website and the app except in accordance with the Content Guidelines; (d) make any charge in relation to or carry on by way of business any activities in relation to any material obtained from the Website and the app; or (e) show (whether for commercial purposes or not) any material from the Website and the app in public. You must not use any material from the Website and the app for any improper or unlawful purpose or conduct any scraping, data mining or automated data collection in relation to the Website and the app. You must not use the Website and the app in any way that causes, or may cause, damage to the Website and the app or impairment of the availability or accessibility of the Website and the app, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Website and the app is designed for use globally and the information on it relates to assigning a Shariah compliance on listed equities and is marketed worldwide. You must not use the Website and the app in any country where its use is or would be prohibited by local laws.
You may only Use the Website and the app if you are at least 18 years of age.
Access to certain areas of the Website and the app is restricted to Registered Users and may be further restricted to Subscribers. We reserve the right to restrict access to other areas of the Website and the app, or indeed the whole Website and the app, at our discretion. You must not use the login details or password of any other person to access restricted areas of the Website and the app.
In order to become a Registered User, you must create an account using the Website and the app interface, and verify your account through the OTP sent your indicated email ID. Registered Users gain access to additional services and restricted areas on the Website and the app, which may include: (i) the ability to submit and edit articles on the Website and the app; (ii) the ability to subscribe to RSS/Atom feeds; (iii) the ability to submit posts to our Website and the app forums and to rate others' posts; (iv) access to our virtual fund trading facility; (v) the facility to create a detailed profile which may be made available via the Website and the app; (vi) access to our Website and the app -based messaging system; (vii) in the case of Subscribers only, access to the Subscription Service
Registered Users must not allow any other person to use their user ID and password, and they must ensure that that user ID and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user ID and password. Upon our request, Registered Users will provide to us proof of their identity and/or age.
We may also be required by law or regulation to identify Registered Users and disclose their details to a third party including the relevant legal or regulatory authority if requested by them to do so.
We may alter or restrict the services and areas that Registered Users have access to, and/or delete any Registered User's account, in our sole discretion without notice or explanation.
You grant to us for the full term of copyright (including any extensions, renewals, restorations, revivals and reversions) a non-exclusive royalty-free irrevocable licence to Use the User Content that you submit to the Website and the app, any part of that User Content, and any derivative work based on that User Content and created under these Terms, on or in relation to the Website and the app, any other website or app and any other media available now or at any time in future. You grant to us the right to sub-license any or all of these rights. You also grant to us the right, under Section 101A of the Copyright, Designs and Patents Act 1988, to bring an action for infringement of any or all of these rights.
You warrant and undertake that you own or have the right to license the relevant Intellectual Property Rights in all User Content that you submit to the Website and the app in accordance with these Terms.
You must ensure that your User Content, and the Use of that User Content in accordance with these Terms, does not constitute:
(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
(b) investment advice, or advice to an investor or potential investor (or an agent for such a person) on the merits of buying, selling, subscribing for or underwriting a particular security or contractually-based investment or exercising any right conferred by such an investment to buy, sell, subscribe for or underwrite such an investment;
(c) the making of an arrangement for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a security, a contractually-based investment, or an investment of the kind specified by article 86 or article 89 (so far as relevant to that article) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or
(d) any financial service or activity regulated or controlled by or pursuant to the Financial Services and Markets Act 2000 or the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005 or any other applicable law.
You also agree to disclose any material interest you or your associates may have when making contributions to your User Content. The restrictions above do not, of course, prevent you posting general and generic financial information on the Website to the extent that they do not constitute carrying on regulated investment or the communication of a financial promotion under the Financial Services and Markets Act 2000.
You must ensure that your User Content, material linked to by the User Content, and the Use of User Content in accordance with these Terms:
(a) does not infringe any third party's rights (including without limitation Intellectual Property Rights, reputational rights, rights of confidence and rights of privacy);
(b) does not give rise to any cause of action in any jurisdiction, whether against us, you or a third party;
(c) does not violate any law, statute, ordinance, regulation, legally binding code or market conventions in any jurisdiction (including, without limit, financial services regulations) whether in the United Kingdom or elsewhere;
(e) is not pornographic or sexually explicit;
(f) does not duplicate or substantially duplicate User Content previously published on the Website and the app;
(g) is not threatening, abusive, harassing, menacing or contrary to the principles of internet etiquette;
(h) does not constitute spam or marketing material; and;
(g) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You undertake to keep yourself informed as to the contents of the Content Guidelines and to ensure that your User Content and your user behaviour is in line with the Content Guidelines. We do not undertake to monitor your use of the Website and the app or the posting of User Content by you or any third party on the Website and the app. Nor do we warrant that the Users of the Website and the app have adhered to these Terms, although we use reasonable endeavours to remove User Content which breaches these Terms after it has been brought to our attention. If you become aware of any User Content on the Website and the app which breaches these Terms, you should notify us of that content immediately. You acknowledge that we may edit, delete and/or move User Content without notice or explanation.
Subject to the Islamicly Data warranties in Section 7 below, we do not undertake to monitor Third Party Content that appears on the Website and the app. Nor do we warrant that Third Party Content providers have adhered to these Terms, although we use reasonable endeavours to remove Third Party Content which breaches these Terms after it has been brought to our attention. If you become aware of any Third Party Content on the Website and the app which breaches these Terms, you should notify us of that content immediately.
You acknowledge that the Website and the app and the material on the Website and the app may be changed from time to time without notice. As we provide Islamicly Content as a free service to all our users, we offer no warranties in respect of the preparation and publication of this content. Where we provide Islamicly Data as part of a paid Subscription Service, we warrant the we will take reasonable care in respect of ensuring the accuracy of that Islamicly Data (by ensuring that the underlying data is sourced from a reputable provider), and that we will use reasonable care and skill in the provision of the Subscription Service. If we are notified of a possible error in relation to the Islamicly Data, we will endeavour to notify our supplier of this issue, although we cannot be certain that they will be willing to correct the error identified.
Notwithstanding the warranties above, Islamicly is not authorised to give investment advice and nothing on the Website and the app should be interpreted as Islamicly seeking to offer such advice. Islamicly Content, Islamicly Data, User Content and/or relevant Third Party Content is provided ‘as is’ and may contain errors or inaccuracies. You should seek confirmation from an authoritative third party source of any information found on the Website and the app upon which you may wish to rely. Use of Islamicly Content, Islamicly Data, User Content and/or Third Party Content is solely at the Subscriber’s risk.
Subscriber acknowledges that the use and interpretation of the Islamicly Data, and any data analysis tools provided as part of the Subscription Service requires skill and judgement. Subscribers shall at all times exercise their own skill and judgement in the Use and interpretation of the Subscription Service and shall be solely responsible for the purposes for which it is used and for all opinions, compliance classifications, recommendations, forecasts and other comments made or action taken by Subscribers based wholly or partly on the Islamicly Data and/or data analysis tools.
Islamicly’s Subscription Service includes access to pre-defined screens based on the criteria given by Shariah scholars. All the screens are based on set quantitative and qualitative criteria, which are an interpretation of what the Shariah screening rules are. You should consider the results of any screen as candidates for further research, not as a buy list or as a set of recommendations.
Subject to the warranty given above in respect of the paid-for Subscription Service:
(a) we do not warrant the completeness, veracity, bona fides or accuracy of the material on the Website and the app; nor do we commit to ensuring that the Website remains available or that the material on the Website and the app is kept up-to-date. However we endeavor to do the same on a best effort basis;
(b) we do not grant to you any warranties or make any representations relating to the Website and the app or your Use of the Website and the app, and to the fullest extent permitted by applicable law we exclude all warranties and representations.
You acknowledge that the material on the Website and the app submitted by third parties (including our Registered Users) from time to time is the sole responsible of the third party who has submitted that material. If you become aware of any inaccuracy or error on the website, please let us know.
You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.
Our Website is a financial data and news portal, discussion forum and content aggregator. Islamicly is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority.
We are an educational forum for analysing, learning & discussing general and generic information related to stocks, investments and strategies. No content on the site constitutes - or should be understood as constituting - a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our site content. We do not provide personalised recommendations or views as to whether a stock or investment approach is suited to the financial needs of a specific individual.
Much of the content on this site is user-generated and, as such, impossible to monitor effectively. Excluding the Islamicly Content and Islamicly Data, all of the information on our Website and the app about businesses, companies is provided by our Registered Users and other third parties. We act as a mere conduit for this information published on our Website and the app, and we do not select, monitor, edit, modify review, evaluate or otherwise oversee the information or the publication of the information on our Website and the app.
Where we present screens, the results should only be treated as candidates for further research, not as a buy list or set of recommendations. Screening may help to narrow a search based on pre-defined criteria but it is not a substitute for independent research reflecting your individual criteria for investing/trading.
Islamicly Content and Islamicly Data is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our Website and the app and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any arrangements between you and any third party contacted via the Website and the app are at your sole risk.
Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.
Our Website and the app is directed to the global user. For the avoidance of doubt, the Website is not being explicitly offered in the US or Canada or to US persons or Canadian persons. Nothing on this Website or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction.
We do not therefore warrant that our Website complies with the applicable laws or regulations of any particular jurisdiction. Accordingly, if it is prohibited to make information provided on this Website and the app or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Website or any part thereof is not directed at you.
You accept that, you must satisfy yourself that you are lawfully able to access our Website and the app and, in particular, able to lawfully receive any document which contains links or allows you access to other websites and the app in the country from where you are accessing the User Content, Third Party Content and/or Islamicly Content.
We do not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the Website and the app to persons in any jurisdiction globally.
We would like to draw your attention to the following important investment warnings: i) the value of shares and investments and the income derived from them can go down as well as up; ii) investors may not get back the amount they invested; and iii) past performance is not necessarily a guide to future performance.
We are not regulated by the Financial Services Authority and are not a registered investment dealer, nor a member of the Investment Industry Regulatory Organization of Canada (IIROC) and we are not a member of the Canadian Investor Protection Fund (CIPF). Please check the regulatory standing of the brokers available on the Islamicly Platforms for their regulatory compliances and relevant statutory memberships. We do not vouch or affirm for any such regulatory compliances by the brokers available on our platforms
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these Terms, your Use of the Subscription Service or in connection with the Website and the app, whether arising in tort, contract, or otherwise.
Without limiting the generality of the exclusion of liability above, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms, your Use of the Subscription Service or in connection with the Website and the app, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event that is beyond our reasonable control.
If, notwithstanding the limitations of liability in these Terms, we are found to be liable to you, our liability is limited in relation to any event or series of related events will not exceed UK£250, save as in respect of Subscribers, in relation to which our liability shall be limited to the Charges paid by the Subscriber in question.
You agreed to the publication of feedback and comments about you by others on the Website and the app, you acknowledge that such feedback and comments may be critical or defamatory, and you agree that you will not hold us liable in respect of any such feedback and comments, irrespective of whether we are aware or ought to have been aware of such feedback and comments. Nothing in these Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
The Website and the app includes links to other websites. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites and apps, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
ISLAMICLY and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
Without prejudice to our other rights under these Terms, if you (including for the avoidance of doubt Registered Users and Subscribers) breach any of these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may: (a) delete, move or edit any of your User Content;
(b) send you one or more formal warnings;
(c) temporarily suspend your access to the Website and the app and/or the Subscription Service;
(d) delete your account;
(e) permanently prohibit you from using the Website and the app and/or the Subscription Service;
(f) block computers or devices using your IP address from accessing the Website and the app;
(g) contact your internet services provider and request that they block your access to the Website and the app; and/or
(h) bring court proceeding against you for breach of contract or otherwise.
Where we suspend or prohibit or block your access to the Website and the app, part of the Website and the app, and/or the Subscription Service, you must not take any action to circumvent such suspension or prohibition or block (including without limitation using a different account).
The duration of any Trial Period shall be as specified on the Website and the app. Use of the Subscription Service shall be either free of charge during the Trial Period or the applicable charges will be defined.
The amount of the Charges shall be as displayed on the Website and may change from time to time. However, where we bill you for any upgrade modules, we will only do so based on your request for these modules and with your consent to the proposed upgrade pricing.
You may only have one Trial Period. Should we identify that you have already made use of a subsidized Free Trial Period with the Subscription Service, you will immediately be billed for the Charges.
Subject to the Trial Period provisions above, in consideration for the provision of the Subscription Service, Subscribers agree to pay the Charges applicable to the Data plan which they have selected as detailed on the Website and the app and updated from time to time.
Without prejudice to its rights to recover the sums outstanding from the Subscriber, should Islamicly not be able to withdraw any part of the Charges from the Subscriber’s Paypal account or credit or debit card, Islamicly reserves the right to:
1) suspend access to the Subscription Service; or
2) terminate this agreement to access the Subscription Service.
At the end of each subscription period, a subscription will continue to automatically renew at the prevailing fee rate applicable to the Data plan which has been selected by the Subscriber, unless terminated by us or until the Subscriber notifies us of their decision to cancel their subscription to the Services.
Either party may terminate this agreement to access the Subscription Service, which in the case of the Subscriber may be communicated to Islamicly by the Subscriber unsubscribing on the Website and the app. If the Subscriber terminates this agreement to access the Subscription Service, the Subscriber shall ensure that it pays Islamicly all Charges owing up until the date of termination and will be entitled to use the service until the end of that billing period. The Subscriber shall not be entitled to any refund of charges it has already paid to Islamicly.
Under Regulation 10 of the Consumer Protection Regulations 2000, you might otherwise have the right to cancel the agreement to access the Subscription Service without charge for seven working days after the day this Agreement has been concluded. However, when you successfully complete your order for our Subscription Service, you agree that the Product is immediately available to you (i.e. before the end of that cancellation period) and that we have therefore immediately commenced provision of the services for the purposes of the Regulations. As the services are provided at your request, you lose your right to cancel under the Regulations.
Any Billing Assistance will be conducted by email (info@Islamicly.com). Our customer service centre will be open business days and hours Monday to Friday and closed on weekends.
All of our data subscription offer will remain in "beta" until we indicate otherwise. From time to time, Islamicly may also offer you access to certain new features of the Website and the app as a "beta user". If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify Islamicly of any bugs you may find, where possible. You also accept that access to these features may be withdrawn at any time, without any notice given, if we decided that these features are to form part of a separate subscription offer.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and any such invalid or unenforceable provisions will be deemed omitted. No waiver of any provision of these Terms by us, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms. These Terms are for the benefit of us and our users and are not intended to benefit, or be enforceable by, any other person. Any termination, rescission, amendment, variation, waiver or settlement under these Terms will not be subject to the consent of any third party.
User Content posted on the Website and the app may be retained by us either on-line or archived for a period of ten years. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer these Terms, or any of our rights or obligations arising under these Terms, at any time. We may vary these Terms from time-to-time by posting a new version of the Terms on the Website. If you are a Registered User or Subscriber, we may also give you notice of the variation. Your continued use of the Website and the app after a variation will constitute your acceptance of the variation.
These Terms constitutes the entire agreement between you and us in relation to your use of the Website and the app, and supersede all previous agreements in respect of your use of the Website. These Terms will be governed by and construed in accordance with English law, and the English courts will have (subject to the following) exclusive jurisdiction to adjudicate any disputes arising out of or relating to these Terms. Both you and we irrevocably agree for the benefit of the other 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 we both irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of Islamicly, Islamicly retains 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, subject to the financial disclaimer in clause 8 above, entered into in the course of your trade or profession, the country of your principal place of business.
The Website and the app is owned and operated by our group entities namely Ratings Intelligence Partners having registered office address is at 158, Coombe Lane West Kingston-Upon-Thames and company registration number is OC320221 . as well as by Data Ratings Intelligence Pvt Ltd having its corporate address at 73/A, Doddathogur Village, Electronics City phase 1 Bangalore 560100 India. If you wish to contact us, please email us via info@Islamicly.com, or write to us at this address.
You should print a copy of these Terms for future reference. We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the Website in future. These Terms are available in the English language only.
We do not charge any fees or costs in addition to what your preferred broker charges. All fees and cost of trades are governed directly by the agreement that you may have with your broker. We do not have any control or information about such charges whatsoever nor do we make an addition to those charges.
INTRODUCTION THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.
For the purpose of these Terms, wherever the context so requires, the term:
“Business Day” shall mean a day on which scheduled commercial banks are open for normal banking business in Mumbai but shall not include any Saturday or Sunday or other days on which recognized exchanges within the country are authorized or obligated to remain closed.
“Customer” shall mean any person, who as the counterparty transacts using the Platform for buying Precious Metal, taking delivery of Precious Metal and/or selling back the Precious Metal to DGIPL (Islamicly’s Backend partner managing Islamicly 24K Real Gold Program) the or any other buyer as outlined in these Terms. “Customer Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.
“Customer Request” shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Precious Metal.
“Force Majeure Event” shall mean any event that is beyond the reasonable control of DGIPL (Islamicly’s Backend partner managing Islamicly 24K Real Gold Program) and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, pandemic or any pandemic or disaster mitigation related government responses such as lockdown, and any other similar events not within the control of DGIPL (Islamicly’s Backend partner managing Islamicly 24K Real Gold Program) and which DGIPL (Islamicly’s Backend partner managing Islamicly 24K Real Gold Program) is not able to overcome.
“Payment Instrument” shall mean any electronic or written cheque, draft, money order or other electronic or written instrument or order for the transmission or payment of money, whether or not the instrument is negotiable.
“Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
“Platform” shall mean, and include, the mobile application and website by the name and style of "https://www.islamicly.com/home/gold", that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
“SafeGold Partner” shall mean any entity facilitating collection of payment for Precious Metal products or any other products and services offered by DGIPL, which is Islamicly.com
“Reward Program” means such reward programs that may be made available to the Customers from time to time at the sole discretion of DGIPL.
“Transfer” refers to a facility to transfer Precious Metal from a Customer Account to another Customer Account.
“Promotion” refers to any activity that DGIPL SafeGold (Islamicly’s Backend partner managing Islamicly 24K Real Gold Program) undertakes to provide users that meet certain requirements to avail certain rewards.
“Precious Metal” means physical gold, silver and/or other precious metals in bullion form (as the case may be), with purity as displayed on the Platform or on a SafeGold Partner Platform (www.islamicly.com) , in a manner deemed fit by SafeGold.
In addition to the terms defined in Section 2.1, additional terms used herein shall have the respective meanings assigned thereto in the relevant sections contained hereinafter.
Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at CoWrks, 2nd & 3rd Floor, Birla Centurion, Century Mills, P B Marg, Worli, Mumbai 400030, ("DGIPL") will be selling Precious Metal and providing services in relation to (a) purchase and sale of Precious Metal; (b) safe keeping, vaulting, delivery and fulfilment of Precious Metal; and (c) other such other related services as may notified by SafeGold from time to time, to the Customers, on or through the Platform (“Services”).
The Precious Metal is being offered for purchase and/or sale by DGIPL under its brand name “SafeGold”. The Services are being provided by DGIPL, however DGIPL may utilise any third party external payment gateway service (“Payment Gateway Partner”) for facilitating the collection of payments for the Services on its Platform. The Payment Gateway Partner assumes no liability for the Services except for providing payment services and reasonable customer support in addressing the queries related to payments made. Any and all of the transactions relating to the Services are being rendered by DGIPL in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by DGIPL. The Customers are advised to read and understand these Terms carefully before using the Services.
DGIPL or Islamicly.com does not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that DGIPL and Islamicly.com and its officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform. The Services by DGIPL shall be provided for a term commencing from the date of creation of the Customer Account.
You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with your use of the Services and the Platform, including without limitation, any costs incurred for the use of your device and any damage to any equipment, software or data.
You confirm that You are not registered under the Goods and Services Tax Act, 2017 and that the responsibility for any compliance or obligations associated with your status under the Goods and Service Tax Act, 2017 lie solely with You.
DGIPL and Islamicly.com, at any time and at its sole discretion, may change the specifications of any functionality/feature utilized by individuals on the Platform. DGIPL and Islamicly.com will not be liable for any inconvenience caused due to such changes in or discontinuation of any functionality/feature.
DGIPL and Islamicly.com reserves the right to start offering, pause, terminate and/or discontinue any Reward Program which may be offered via the Platform. Every Customer will be bound by the terms and conditions for each Reward Program and such programs will be subject to these Terms.
Only natural persons above the age of 18, being an Indian resident and of sound mind (unless the specific Reward Program rules or other promotional materials or announcements specify a different geographic region), are eligible to participate in any Reward Program and claim rewards under it. Each natural person will be eligible to claim a reward via any functionality/feature being offered by DGIPL only once. Unless otherwise stated, an individual may not win more than one reward per promotion and we reserve the right to withhold or reclaim any subsequent reward. Any person, found claiming rewards per promotion more than once on the Platform in breach of the terms of the Reward Program and these Terms, either in his/ her sole capacity or in consortium with others, for such instances, DGIPL or Islamicly.com will immediately suspend any activity on the Customer Accounts (where created by the individuals) and take legal action against such erring individuals, as may be available to DGIPL and Islamicly.com under law. Any individual using multiple accounts to claim multiple promotions and rewards will lose their right to participate in the said Reward Program or any future Reward Program that DGIPL or Islamicly.com may offer to its Customers or potential patrons.
DGIPL and Islamicly.com will not be held liable, monetarily or otherwise, where it decides to suspend, withdraw or discontinue any Reward Program.
An individual who is prohibited by law to hold or purchase any asset, including any Precious Metal will not be entitled to participate in any Reward Program or receive any reward under it.
DGIPL and Islamicly.com has the right to ask Customers and individuals for additional KYC information, such as a PAN card before processing any reward under a Reward Program.
The Customers and/or individuals participating in any Reward Program agrees to indemnify, defend and hold DGIPL and Islamicly.com and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Customer and/or any individual of any of the Reward Program terms and conditions, these Terms or any violation by them of any applicable law. Except for any fraud by DGIPL or Islamicly.com proven in a court of law, by participating in any Reward Program, Customers and/ or individuals release DGIPL and Islamicly.com, its parent companies, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Reward Programs or the use of any rewards claimed.
In the event of any dispute, between DGIPL or Islamicly.com and any individual who has participated in any Reward Program, relating to any Reward Program terms and conditions, the decisions made by DGIPL or Islamicly.com shall be final binding on the participant.
Appointment of Intermediaries
DGIPL may from time to time appoint intermediaries who shall assist DGIPL in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Trustee Administrator, Vault Keeper and shall include any and all Persons appointed by DGIPL or the Trustee Administrator (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. In the event that the Trustee Administrator is required to discharge their obligations under any agreement entered into with DGIPL (“Trustee Administrator Agreement”), You hereby consent to the appointment of such Intermediaries, for and on your behalf, by DGIPL or the Trustee Administrator (as the case may be).
You acknowledge and understand that these Intermediaries have been appointed to ensure that your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by DGIPL on your behalf unless otherwise indicated in these Terms.
Appointment of Trustee Administrator
You hereby acknowledge and agree that the Customer Precious Metal will be monitored by the Trustee Administrator while being held on your behalf with the Vault Custodian.
By accepting these Terms, You further agree to accede to the terms for such arrangement with the Trustee Administrator (i.e., a Trustee Administrator Agreement).
In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where DGIPL is unable to service such requests as enumerated in Clause 8 below (Events of Default), thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Trustee Administrator will be entitled to sell part of the Customer Precious Metal and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Trustee Administrator Agreements. The sums due to You and/or Precious Metal to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the relevant Trustee Administrator Agreements.
By way of these Terms, You authorize the Trustee Administrator to act on Your behalf to ensure that Your interests are adequately protected.
Safe Keeping/Vaulting of Precious Metal
Customer Precious Metal purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on your behalf (“Vault Keeper”).
The Precious Metal stored shall be in the form of bullion bars which are at a minimum, equivalent to 99.99% purity, or higher. The total amount of gold stored shall be based on calculation of 24 Karat gold bars corresponding to the Customer Order, and the bars stored may be in purities of 99.99%, 99.9% or 99.99% or other terms.
Illustration : if a customer purchases 1gm of 99.99% pure gold, at least 1.0049 gms of 99.99% purity gold will be stored for that customer in the vault.
While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Precious Metal may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.
You will be provided with free storage for your Customer Precious Metal for 5 (Five) years from the date of placing of the Customer Order, or for such period as more particularly stipulated by DGIPL in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”).
After the expiry of the Free Storage Period, DGIPL shall be entitled to levy storage charges for such Customer Precious Metal at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the Precious Metal balance at the end of each month by a percentage amount at the specified rate.
You are advised to periodically check the Platform to understand these storage charges. DGIPL shall be entitled to sell such portion of your Customer Precious Metal stored with the Vault Keeper necessary or required to recover the unpaid storage charges in question.
You are required to take delivery of your Customer Precious Metal within such maximum period as shall be specified for this purpose by DGIPL from time to time on the Platform (“Maximum Storage Period”).
For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by DGIPL from time to time. You may provide such address at any time during the Maximum Storage Period.
In the event that no valid address has been provided by You during the Maximum Storage Period, then DGIPL or islamicly.com shall, for a period 1 (One) year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”), attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the Precious Metal in question to be delivered or (ii) your bank account details into which sale proceeds of the Customer Precious Metal shall be deposited.
In the event that DGIPL or Islamicly.com has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:
If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, pandemics, epidemics, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of DGIPL or Islamicly.com and could not have been prevented by reasonable precautions then DGIPL and Islamicly.com shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by DGIPL or Islamicly.com shall, in no manner whosoever, amount to a breach of its obligations.
DGIPLand/or Islamicly.com, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Platform, or your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or the Privacy Policy.
These Terms shall further stand terminated:
Upon such termination for any reason whatsoever, subject to these Terms and the agreement executed with the Trustee Administrator:
The Trustee Administrator shall take the applicable measures detailed above no more than 45 (Forty-five) days from the EOD Notice.
The Trustee Administrator shall be entitled to take such other applicable measures as deemed fit by the Trustee whilst ensuring compliance with the agreement executed with SafeGold.
Where the Trustee Administrator has not received sufficient payment or delivery information from a Customer in accordance these Terms by the specified date, the Trustee Administrator shall sell such Customer’s Customer Precious Metal at the prevailing market price on the specified date and shall keep such money in an escrow account for 1 (One) year for and on behalf of such Customer (“EOD Sale Proceeds”) and attempt to contact such Customer at least twice over the said period of 12 (Twelve) months. In the event that such EOD Customer does not claim his/her/its EOD Sale Proceeds upon expiry of the aforementioned 1 (One) year period, the Trustee shall transfer the monies held in escrow account for the Customer in question to the Prime Minister’s Relief Fund or such other fund as shall have been designated for this purpose by the Customer in question pursuant to these Terms.
You acknowledge that the termination of your access to the Platform and Services may be affected without any prior notice, and the Customer Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Customer Account, the Platform or the Services. Further, You agree that DGIPL shall not be liable for any discontinuation or termination of Services by any third party.
None of your content shall remain accessible on the Platform upon termination, except as may be required under Applicable Laws. This information cannot be recovered by You, once the account is terminated.
The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Customer Account. DGIPL and/or Islamicly.com shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by DGIPL and/or Islamicly.com, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize DGIPL and/or Islamicly.com to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to DGIPL and/or Islamicly.com. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
DGIPL and/or Islamicly.com reserves the right to terminate any Customer Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified DGIPL and/or Islamicly.com against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.
Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by DGIPL and/or Islamicly.com in such form and manner as it may deem fit. This information may be requested from you at the time of registration, or at a later stage.
Once such documentation and other information is provided by You, You shall be entitled to place an order on the Platform (“Customer Order”).
You agree that your continued use of the Platform, consequent upon the creation of the Customer Account, is subject to verification by DGIPL and/or Islamicly.com of the information and documentation provided by You. You hereby grant DGIPL and/or Islamicly.com permission to conduct such verification, in such form and manner as it may deem fit.
You further acknowledge that DGIPL and/or Islamicly.com reserves the right for such verification either on registration of the Customer Account or at any time thereafter. You hereby authorise DGIPL and/or Islamicly.com to engage with any third-party service provider for verification of your KYC documentation to ascertain your eligibility. Any processing undertaken by DGIPL and/or Islamicly.com to process KYC documents shall be in accordance with its privacy policy and these Terms. It is hereby clarified that as far as the permission to access the KYC documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
Customer’s Obligations:
You can offer to buy Precious Metal worth Rs.100.00 (Rupee One Hundred Only) and above incremental value thereof at the Currency Value of Precious Metal shown on the Platform. It is clarified however, that DGIPL and/or Islamicly.com may define a higher threshold for minimum purchase quantity at their discretion.
It is hereby clarified that display of such Currency Value of Precious Metal shall constitute fully binding offers and would be an invitation to offer to purchase Precious Metal at the said Currency Value to all Customers. Notwithstanding the foregoing, You understand that the Currency Value may vary multiple times within a day, and accordingly your payment obligations for any Customer Order will depend on the Currency Value then prevailing. While reasonable efforts will be made to offer You a competitive price for the Precious Metal, there is no guarantee that the Currency Value offered to You will be close to or comparable with other prices available in the market.
Payment pursuant to the Customer Order, will be accepted through the payment options made available on the Platform, which may include redirection to a payment gateway hosted by other third party Payment Gateway Partner, including by DGIPL and/or Islamicly.com. At the time of purchase / fulfilment / sale-back / transfer of Precious Metal, the relevant taxes will be chargeable as applicable as per the government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.
DGIPL and/or Islamicly.com reserves the right to cancel a Customer Order, at its sole discretion, if the information, provided by You prior to placing the Customer Order, is not found acceptable and SafeGold and/or Islamicly.com is of the opinion that You are not eligible to purchase the relevant Precious Metal. DGIPL and/or Islamicly.com shall have the right to freeze the Customer Account until it receives KYC and other documentation in a form and manner satisfactory it.
Once the payments are received by DGIPL and the KYC information, if requested, is found acceptable, DGIPL shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) Business Days of placing such Customer Order, in a manner it may deem fit.
Upon placing a valid Customer Order in accordance with these Terms and the same having been confirmed in accordance with these Terms, the relevant Precious Metal will have been purchased by You and shall be displayed as transferred to your Customer Account (“Customer Precious Metal”). You become the owner of such Customer Precious Metal.
Notwithstanding anything to the contrary contained in these Terms, DGIPL and/or Islamicly.com shall be entitled to accept or reject a Customer Order, for any reason whatsoever, at its sole discretion.
In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by DGIPL and/or Islamicly.com, such payments shall be returned to You to the bank account linked to your Customer Account, subject to the terms and conditions indicated on the Platform.
This Platform offers Services for Customers who wish to procure delivery of the Customer Precious Metal in accordance with these Terms.
You shall be entitled to procure delivery of the Customer Precious Metal using the Platform (“Delivery Request”).
Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Customer Account shall be provisionally debited corresponding to the quantity of the Customer Precious Metal sought to be delivered (“Delivered Customer Precious Metal”).
Within a period of 7 (Seven) Business Days of the Delivery Request being confirmed or such further period as may be required by DGIPL, DGIPL shall arrange for delivery of the Delivered Customer Precious Metal at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by DGIPL.
You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate DGIPL and/or Islamicly.com immediately of the same, and provide such other information as may be required by DGIPL in this regard (“Return Request”). You are entitled to raise a complaint with DGIPL and/or Islamicly.com within a maximum of 7 days of receipt of the product as per the tracking link provided, or within 14 days of placing a request for delivery of the product, whichever is later. In the event that the Return Request is accepted by DGIPL, then within a period of 14 (Fourteen) Business Days of the original package of Delivered Customer Precious Metal being delivered back to DGIPL, in a manner indicated by DGIPL, and the Return Request being approved by DGIPL, DGIPL shall arrange for re-delivery of the Delivered Customer Precious Metal at the shipping address indicated by You. The costs for such shipping shall be borne by DGIPL. However, in the event of frivolous and unjustified Return Requests made by You, DGIPL reserves the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.
You, upon accepting the delivery, acknowledge the receipt of the Delivered Customer Precious Metal in terms of the Delivery Request placed with DGIPL. DGIPL and/or Islamicly.com shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part to comply with these Terms (as the case may be).
Upon receipt of the Delivery Request by DGIPL, the Customer Account shall be permanently debited for the Delivered Customer Precious Metal from the Customer Account.
It shall be your responsibility to ensure that You are available to receive the Delivered Customer Precious Metal at the time of delivery. If You are not available at the time of delivery, DGIPL courier agent may try and deliver the item again before returning the same to DGIPL. In case of return of the Delivered Customer Precious Metal to DGIPL, your Customer Account shall be credited for the Delivered Customer Precious Metal, after deducting the charges (if any) due from You, provided however that DGIPL is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Precious Metal.
In case of DGIPL’s inability to make deliveries of Delivered Customer Precious Metal due to a Force Majeure Event, DGIPL shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
DGIPL will not be able to deliver a fractional quantity of Precious Metal below such threshold as DGIPL and/or Islamicly.com shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). The Threshold Quantity for different Precious Metals may vary, shall be notified on the Platform through the catalogue display of products available for Delivery or Purchase. You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Precious Metal below the Threshold Quantity is to be delivered to You, then You agree and acknowledge that such Customer Precious Metal will instead be sold by DGIPL based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, DGIPL and/or Islamicly.com would not be held responsible for the same.
Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
Based on the changes made to the Customer Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact Islamicly.com at info@islamicly.com, who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
It is hereby clarified that the Customer Precious Metal cannot be pledged or transferred by You to any other user, and the Customer Account is non-transferrable, unless specifically allowed by DGIPL. In the event of your death, if specifically allowed by DGIPL, the title to such Customer Precious Metal lying in the vault and the Customer Account shall transfer to your legal heirs only after the required due diligence has been conducted. Subsequent to this, your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Precious Metal and Customer Account thereafter and the Terms shall be applicable to your legal heir(s).
It is hereby clarified that the Platform displays articles that are available for purchase. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. DGIPL and/or Islamicly.com shall not be liable for any legal action on this account. It shall be DGIPL’s and/or Islamicly.com endeavour to ensure that all details regarding the products are clearly displayed on the Platform.
Data may be inaccurately displayed on the Platform due to reasons not directly attributable to DGIPL and/or Islamicly.com, such as some system errors on the Platform or any device used to access the Platform. DGIPL and Islamicly.com reserves the right to correct any and all errors when they do occur, at its sole discretion, and DGIPL and Islamicly.com shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
The Currency Value indicated on the Platform is fixed and not negotiable. The Currency Value is also subject to change without any notice to You.
You may be provided an option to sell the Customer Precious Metal during market hours based on the Sell Price on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to DGIPL (“Sale Request”). Your Customer Account shall be debited corresponding to the quantity of the Customer Precious Metal sought to be sold vide the Sale Request (“Sold Customer Precious Metal”).
Within a period of 2 (Two) Business Days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by DGIPL at the sale prices indicated at the time of placing such Sale Request. DGIPL shall arrange for such payments to be made to your bank account, details of which are provided by You. If there is any mistake in the account number, IFSC code etc. provided by You, DGIPL and/or Islamicly.com would not be held responsible for the same.
It is hereby clarified that DGIPL and Islamicly.com will provide this service on a best efforts’ basis and only when the commercial bullion market is in operation. DGIPL and Islamicly.com does not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Precious Metal may be either DGIPL or another party (being interested in buying the Sold Customer Precious Metal). DGIPL and Islamicly.com shall not be held liable for any actions of such third-party purchaser, apart from ensuring that funds are received on account of the sale of your gold.
While reasonable efforts will be made to offer You a competitive price for the Customer Precious Metal, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
Gifting Precious Metal:
Exchange for Jewellery:
The Customer should take care not to share their login credentials, mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. DGIPL and/or Islamicly.com never solicits Payment Information over a call or otherwise. DGIPL and/or Islamicly.com and/or the relevant Payment Gateway Partner(s) or SafeGold Partners shall not be liable for any fraud due to the sharing of such details.
In the event that an individual’s Payment Information and/or Payment Instrument is fraudulently utilised to purchase Precious Metal on the Platform (“Fraudulent Transaction”) from DGIPL and/or Islamicly.com, then DGIPL and/or Islamicly.com may share relevant information of such transaction if the victim approaches DGIPL and/or Islamicly.com via proper channels including DGIPL’s and/or Islamicly.com customer support number and email (care@safegold.in or info@islamicly.com), along with supporting documentation from the relevant public authority or Cyber Cell.
In the event that DGIPL and/or Islamicly.com and/or the SafeGold Partner or Payment Gateway Partner(s) have flagged any transaction or Customer Account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase Precious Metal or undertake any other transaction on the Platform (“Fraudulent User”), DGIPL and/or Islamicly.com and/or the Payment Gateway Partner(s) shall be entitled to:
In the event of a Fraudulent Transaction as per Clause 16.2, DGIPL shall make a reasonable effort to assist the victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. DGIPL shall be entitled to transfer the victim’s funds, less any payment gateway charges that are not refunded the relevant Payment Gateway Partner(s).
However, it is clarified that DGIPL and/or Islamicly.com shall not obligated to reverse any transaction where the Fraudulent User has already sold the Precious Metal purchased through the Fraudulent Transaction, and received the funds against such sale; or where the Fraudulent User has chosen to take delivery of the Precious Metal so purchased. In this event, DGIPL shall, to the best of its ability, provide any information on the Fraudulent User, including the bank account or mobile wallet account to which funds have been settled, or the physical address to which the Precious Metal has been delivered, to the victim or the relevant authorities.
You acknowledge that the Services are for Your personal use and agree not to publish the Precious Metal prices or descriptions of Precious Metal and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Subject to these Terms and the Privacy Policy, You hereby grant to DGIPL and Islamicly.com a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services. You will provide Your consent to DGIPL and Islamicly.com as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Precious Metal or otherwise using the Platform for any services related to the purchasing of the Precious Metal in such manner as DGIPL and/or Islamicly.com may stipulate in this regard. DGIPL and/or Islamicly.com may share Your data with the Trustee Administrator, as required, to fulfil their obligations as a Trustee Administrator. Your data will continue to be governed by confidentiality obligations outlined in Section 24. It is hereby clarified that DGIPL and/or Islamicly.com would be the owner of any data generated by You when purchasing the Precious Metal on the Platform.
You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to DGIPL and/or Islamicly.com and to grant the rights granted to DGIPL and/or Islamicly.com in these Terms and (ii) Your data and its transfer to and use by DGIPL and/or Islamicly.com as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, DGIPL and/or Islamicly.com assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
DGIPL and/or Islamicly.com shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
DGIPL shall have the sole discretion to determine the locations and pin codes it may want to serve.
The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. DGIPL strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. DGIPL and/or Islamicly.com is not liable for any disruption or loss You may suffer as a result.
DGIPL and/or Islamicly.com may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
DGIPL may, at its discretion, suspend Customer Account, if there appears to be a fraudulent or suspicious activity in the Customer Account. If DGIPL and/or Islamicly.com is of the opinion that You are involved in any unlawful activity or the Customer Account is used for any unlawful purpose, DGIPL and/or Islamicly.com shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
DGIPL shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
You shall inform immediately, in any case no later than 10 (Ten) Business Days of the transaction, of any irregularities or discrepancies that may exist in your Customer Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by DGIPL and/or Islamicly.com, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be your responsibility to view the Platform to check the then current fees and charges payable.
It is hereby clarified that fees and charges, once paid, are non-refundable.
All payments made for the use of the Platform and/or purchase of Customer Precious Metal by You shall be compulsorily in Indian Rupees.
While availing any of the payment method/s available on the Platform for availing the Services, DGIPL and/or Islamicly.com shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
SafeGold and/or Islamicly.com may temporarily/permanently suspend/terminate the Customer Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to DGIPL, it also reserves the right to take legal action for the same.
Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. DGIPL reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to DGIPL’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
You represent and warrant to DGIPL and Islamicly.com that You have sufficient experience and knowledge to make informed decisions to purchase and/or sell Customer Precious Metal and/or avail other Services made available on the Platform. You acknowledge that You have not relied on any information made available by DGIPL and slamicly.com and that DGIPL and Islamicly.com is not making any recommendation with respect to such purchases and/or sale of Customer Precious Metal and/or availing other Services made available on the Platform. No relationship other than seller-purchaser if such a request is made by You on the Platform in compliance with these Terms, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and DGIPL and/or Islamicly.com
You acknowledge that DGIPL and Islamicly.com is not providing, dealing in, offering any investment product and does not offer any guarantee and/or assured returns. You further acknowledge that value of Precious Metal may vary depending on various factors and forces.
Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of DGIPL and/or Islamicly.com. Therefore, DGIPL and/or Islamicly.com shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond DGIPL’s and/or Islamicly.com control or anticipation.
The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that DGIPL and/or Islamicly.com does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. DGIPL and/or Islamicly.com reserves the right to disable access to the Reviews on the Platform.
You hereby grant DGIPL and/or Islamicly.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by DGIPL and/or Islamicly.com in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by DGIPL and/or Islamicly.com.
You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
As elaborated under the Privacy Policy, DGIPL and/or Islamicly.com will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. DGIPL and/or Islamicly.com acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. DGIPL and/or Islamicly.com shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.
DGIPL and/or Islamicly.com solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by DGIPL and/or Islamicly.com and displayed on/accessed on the Platform and is protected under Indian law.
You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by DGIPL and/or Islamicly.com respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of DGIPL and/or Islamicly.com and such others. You thereby agree to protect the proprietary rights of DGIPL and/or Islamicly.com during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.
Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
The Platform may contain links and interactive functionality interacting with the websites of third parties. DGIPL and/ Islamicly.com is not responsible for and does not have any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, DGIPL and Islamicly.com strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
You hereby agree to indemnify and keep the DGIPL and/or Islamicly.com indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which DGIPL and/or Islamicly.com and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform and/or any device used by the Customer to access the Platform; (ii) by reason of DGIPL and/or Islamicly.com acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms and relating to the Customer Account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer.