Murabaha Inc. Terms of Use

Last Updated: October 24, 2019

The following terms of use (the “Terms of Use”) govern your access to and use of our websites located at www.manzil.ca (the “Manzil Website”). These Terms of Use form an agreement betweenMurabaha Inc. (“Provider”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Manzil Website (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE MANZIL WEBSITE, YOU: (A) REPRESENT AND WARRANT THAT: (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION; (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE MANZIL WEBSITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any of our financing and investment related products or services (“Provider Services”).

  1. Changes to these Terms of Use and the Manzil Website
    • Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Manzil Website. It is your obligation to monitor the Manzil Website for any such changes. Your continued access to or use of the Manzil Website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.
    • We reserve the right to change the Manzil Website at any time, without notice. To the extent permitted by applicable law, we may, at our discretion: (i) suspend your access to or use of the Manzil Website or any component thereof: (A) for scheduled maintenance; (B) if you violate any provision of these Terms of Use; or (C) to address any emergency security concerns.
  2. Privacy

Please review our current Privacy Policy, available athttps://manzil.ca/privacy, which contains importantinformation about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”).

  1. Ownership

All rights, title and interest, including intellectual property rights, in the Manzil Website and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The Manzil Website and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved.

  1. User Account for Manzil Website

To access certain features of the Manzil Website, you may be required to successfully sign up for a user account using the available interfaces of the Manzil Website and be issued with a username and password login credentials (the “User ID”). If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the Manzil Website.

  1. No Unlawful or Prohibited Use

You will not use the Manzil Website in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use the Manzil Website for any purpose other than as permitted within the Prover Solution. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:

  • send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Manzil Website any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or (vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
  • disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Manzil Website (e.g., a denial of service attack);
  • attempt to gain unauthorized access to the Manzil Website;
  • use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Manzil Website or any part thereof or otherwise attempt to discover any source code; or
  • use the Manzil Website for the purpose of building a similar or competitive product or service.

To report any suspected abuse of the Manzil Website or a breach of these Terms of Use, please send written notice to us at salaam@manzil.ca.

  1. Processing Payments

(a)        We may make available through the Manzil Website an electronic payment system that you may use in connection with the Provider Services. You hereby release us from any claim or liability in connection with the processing of such payments, including any mistakes or omissions therein.

(b)        By using a credit card or other payment method accepted by us in connection with the Provider Services on the Manzil Website, you represent and warrant that you are authorized to use your payment method and that you authorize us (or a third-party payment processor) to charge your payment method for the total amount of your funding (including any additional applicable charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your funding may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your funding.

  1. Third Party Content, Websites or Services

The Manzil Website may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Manzil Website from third party systems. We do not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under our control, and if you choose to access any such content, websites, or services, or to access the Manzil Website from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

  1. Malicious Code

The downloading and viewing of content is done at your own risk. We do not guarantee or warrant that the Manzil Website is compatible with your computer system or that the Manzil Website, or any links from the Manzil Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Manzil Website.

  1. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Manzil Website.We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Manzil Website.

  1. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE MANZIL WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MANZIL WEBSITE WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE MANZIL WEBSITE IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE MANZIL WEBSITE.

  1. Limitation of Liability

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE MANZIL WEBSITE OR THESE TERMS OF USE.

FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE MANZIL WEBSITE EXCEED $100. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

 

  1. Indemnification

You will defend, indemnify and hold harmless us and our affiliates and each of their and our respective officers, directors, employees, agents, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with:

  • yourbreach of any provision of these Terms of Use or any documents referenced herein;
  • your violation of any law or the rights of a third party (including intellectual property rights); or
  • your use (or the use by any third party using your User ID) of the Manzil Website.
  1. Term and Termination; Survival
    • These Terms of Use will commence on the day you first use the Manzil Website and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us)or through the Manzil Website; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Manzil Website) that your User ID be deleted and ceasing use of the Manzil Website. For greater certainty, if you continue to use any portion of the Manzil Website that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
    • The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (Ownership), 8 (Third Party Content, Websites or Services) 9 (Malicious Code), 10 (Communications Not Confidential), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14(b) (Survival), and 16 (General Provisions).
  2. Geographical Restrictions

We make no representation that the Manzil Website is available for use in locations outside Canada. We provide this Manzil Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction.

  1. General Provisions
    • Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and such laws apply to your access to or use of the Manzil Website, notwithstanding your domicile, residency or physical location. You will only use the Manzil Website in jurisdictions where the Manzil Website may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Manzil Website. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
    • Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Manzil Website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    • If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
    • You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
    • You agree not to treat as confidential any suggestion or idea provided by you (such suggestions or ideas, “Feedback”), and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without any compensation to you.
    • English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’estlavolonté expresse desparties que laprésenteconventionainsi que lesdocumentsquis’yrattachentsoientrédigésenanglais.
  2. Contact

If you have any questions or comments regarding these Terms of Use please contact us at salaam@manzil.ca.