Terms of Use

Effective 4th July 2024

Introduction

Welcome to Azar Finance ("Company," "we," "us," or "our"). These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between you and Azar Finance governing your access to and use of our website (including azarfinance.co.uk), mobile applications, software, financial platforms, and all related services, support, and products (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with all of these Terms, you may not access or use our Services.

Definitions

For the purposes of these Terms:

  • "Content" refers to all text, graphics, user interfaces, visual interfaces, images, trademarks, logos, sounds, music, artwork, code, software, documents, financial data, and all other materials made available through our Services.
  • "Customer," "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
  • "Customer Data" refers to any data, information, content, or material that you upload, submit, post, process, or transmit through the Services.
  • "Order Form" refers to the ordering document or online subscription process specifying the Services purchased by you.
  • "Subscription" refers to the purchased right to access and use the Services for a defined period.
  • "User Account" refers to the unique account created for you to access and use the Services.

Account Registration and Security

Account Creation

To access certain features of our Services, you must register for a User Account. You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update your account information to keep it accurate, current, and complete. Accounts registered by "bots" or other automated methods are not permitted.

Account Security

You are solely responsible for safeguarding your password and for all activities that occur under your User Account. You agree to notify us immediately at info@azarfinance.co.uk of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

Services and Subscription

Service Description

Azar Finance provides a suite of financial solutions and services, which may include financial planning platforms, investment management tools, accounting software, tax preparation services, financial analytics, portfolio management, bookkeeping services, and technical support services (the "Services"). The specific features, scope, and service level agreements (SLAs) for your Subscription are detailed in your Order Form or service documentation.

Subscription Terms

Subscriptions are offered on a monthly or annual basis, as specified in your Order Form. Your Subscription will automatically renew for successive periods of the same length unless either party gives the other written notice of non-renewal at least thirty days before the end of the relevant Subscription term. Fees for renewed Subscriptions are subject to change at our discretion, with notice provided prior to renewal.

Fees and Payment

You agree to pay all fees specified in your Order Form. All fees are non-cancelable and non-refundable, except as expressly provided in these Terms or our Refund Policy. Unpaid amounts are subject to a finance charge of one and a half percent per month or the maximum permitted by law, plus all expenses of collection.

Service Modifications

We reserve the right, at our sole discretion, to modify, enhance, or discontinue any aspect of the Services at any time. We will use commercially reasonable efforts to notify you of any material, adverse changes to the core functionality of the Services you subscribe to. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

Acceptable Use Policy

Permitted Use

You agree to use the Services only for lawful purposes in accordance with these Terms and all applicable local, state, national, and international laws and regulations, including financial services regulations and data protection laws.

Prohibited Activities

You expressly agree not to, and will not permit others to:

  • Use the Services to store, transmit, or create material that is illegal, defamatory, obscene, threatening, or otherwise objectionable;
  • Violate, infringe, or misappropriate the intellectual property, privacy, or other rights of any third party;
  • Introduce viruses, worms, Trojan horses, time bombs, or other harmful or malicious code into the Services;
  • Attempt to gain unauthorized access to the Services or its related systems or networks;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software provided as part of the Services;
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein;
  • Use the Services to build a competitive product or service or for any other competitive purposes;
  • Remove, alter, or obscure any proprietary notices contained within the Services;
  • Use the Services for money laundering, terrorist financing, or any other illegal financial activities;
  • Provide false or misleading financial information through the Services.

Intellectual Property Rights

Our Intellectual Property

We own and shall retain all right, title, and interest in and to the Services, including all related intellectual property rights. Our name, logo, and all related product and service names are our trademarks, and no right or license is granted to use them. Any feedback, comments, or suggestions you provide regarding the Services are entirely voluntary, and we will be free to use such feedback without any obligation to you.

Your Data

As between you and us, you own all right, title, and interest in and to your Customer Data. You hereby grant us a worldwide, royalty-free, non-exclusive license to host, use, process, and transmit your Customer Data solely to the extent necessary to provide, maintain, and improve the Services in accordance with these Terms and our Privacy Policy. You are solely responsible for the accuracy, quality, and legality of your Customer Data.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. We comply with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Financial Disclaimer

The information and services provided through our platform are for informational and educational purposes only and do not constitute financial, investment, tax, or legal advice. Azar Finance is not a registered investment adviser, broker-dealer, or tax professional. You should consult with qualified professionals before making any financial decisions. Past performance is not indicative of future results. We do not guarantee any specific financial outcomes from using our Services.

Term and Termination

Term

These Terms commence on the date you first use the Services and continue until all Subscriptions granted have expired or been terminated.

Termination for Cause

Either party may terminate these Terms for cause upon thirty days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period or immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

Effect of Termination

Upon any termination or expiration of these Terms:

  • All your rights under these Terms immediately terminate;
  • You must cease all use of the Services;
  • You must pay any unpaid fees that have accrued through the effective date of termination.

We may, at your request, provide you with limited access to the Services for a period not to exceed thirty days to enable you to retrieve your Customer Data, after which we will have no obligation to maintain or provide any of your Customer Data.

Warranties and Disclaimers

Limited Service Warranty

We warrant that the Services will perform materially in accordance with the applicable service documentation under normal use. For any breach of this warranty, your exclusive remedy shall be the re-performance of the deficient Services or, if we cannot re-perform the Services as warranted, you may terminate your Subscription and receive a prorated refund of any prepaid, unused fees.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AZAR FINANCE, ITS AFFILIATES, AND ITS LICENSORS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF FINANCIAL DATA, MARKET INFORMATION, OR ANALYSIS PROVIDED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT FINANCIAL MARKETS ARE SUBJECT TO VOLATILITY AND THAT INVESTMENT INVOLVES RISK OF LOSS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AZAR FINANCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSSES, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Azar Finance, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of and access to the Services;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including any copyright, property, or privacy right;
  • Any claim that your Customer Data caused damage to a third party;
  • Your violation of any applicable laws or regulations.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, as determined solely by us, we will provide at least thirty days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute Resolution

The parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good-faith negotiations between appointed representatives. If the dispute cannot be resolved within thirty days, any dispute shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be London, England. The language of the arbitration shall be English.

Miscellaneous

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign in violation of this section is void. We may assign or transfer our rights and obligations under these Terms without restriction.

Entire Agreement

These Terms, together with the Privacy Policy and any Order Forms, constitute the entire agreement between you and Azar Finance concerning the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labour, or materials, or disruptions to financial markets or payment systems.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms, please contact us at:

Azar Finance
Email: info@azarfinance.co.uk
Website: https://www.azarfinance.co.uk/