TERMS AND CONDITIONS

1. Introduction

1. These Terms will apply to your use of our Platform in general and to the purchase of the Services by you (the “Client” or “you”). We are Waseeya UK Ltd, a company registered in England and Wales with registration number 13951582, whose registered office is at Studio 17 58 Marsh Wall, Canary Wharf, London, England, E14 9TP (“Waseeya” or “us” or “we”).
2. These are the terms and conditions on which we sell our Services to you. By using the Platform or requesting any of our Services, you accept these Terms and agree to be bound by these Terms.
3. You can only purchase the Services from us if you are eligible to enter into a contract and are at least 18 years old.
4. You are also responsible for ensuring that all persons who access our Platform through your account are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. The Services are aimed at Consumers only. If you are not a Consumer, please do not  use our Platform.
6. We may amend or change these Terms at any time by updating the terms on the Platform. We encourage you to check our Platform for any updates to these Terms regularly. If you continue to use the Platform after we modify or amend our Terms, you will be taken to have agreed to the Terms as modified or amended; and you will be taken to have affirmed each of your previous agreements to the Terms.
7. If you do not agree to these Terms, you must not order Services or use our Platform.

2. Definitions

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.

Client means any user of our Platform or the Services.

Document(s) means the draft or template of a will, codicil, gift deed, power of attorney, loan agreement or any other document generated by you on the Platform pursuant to your Subscription.

Distance Contract means a contract concluded between a business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.

Fee means the fees paid by the Client in respect of the Ordered Services in accordance with these Terms.

Lifetime Subscription means a lifetime contract for Services billed up-front by way of a one-time payment.

Monthly Subscription means ongoing contract for Services billed on a monthly cycle.

Order or Ordered Services means the Client's request for Services (either in the form of a Monthly Subscription or Lifetime Subscription) submitted following the step by step process set out on the Platform or as otherwise agreed between the Client and us (‘Ordering’ and ‘Ordered’ shall be construed accordingly).

Partner means one of our external professional associate entities or firms to whom we may refer you as part of the Services and include without limitation, probate officers, legal consultants.

Platform means Waseeya’s online Platform which includes its proprietary domain: http://www.waseeya.com and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by Waseeya.

Services means the services listed on the Platform, including the following:

1. generation, via the Platform, of Documents in accordance with English law and in compliance with Islamic principles and includes review, updates, revisions and amendments to these Documents;
2. preparation of a bespoke Document through one of our Partners or obtaining bespoke services from one of our Partners; and
3. access to the Waseeya Vault.

Subscription means a Monthly Subscription or a Lifetime Subscription.

Terms means these Terms and Conditions, as amended from time to time.

3. Services

1. The description of the Services is as stated on the Platform. Please check that the Services on our Platform are suitable for your use before you Order from the Platform. It is important that you read all the information on our Platform before you Order Services.
2. We reserve the right to make beneficial changes to the Platform and the Services you have chosen. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
3. Alterations which you can make to any Documents created by you through the Platform will be limited to certain, specified fields only such as the names of beneficiaries, executors and assets. You will not be permitted to change or alter the Documents outside of these parameters as doing so may jeopardise the compliance of the Documents with applicable laws.
4. The Waseeya Inheritance Calculator is a tool that you can use to understand how your assets would be distributed in the event of your death in accordance with Islamic principles. When using the Islamic Inheritance Calculator, you must ensure that the information you provide via the Platform is correct, as the accuracy of the results of the calculator are dependent on that information.
5. You acknowledge that depending on the nature of the Document or Services, we may refer or introduce you to one of our Partners in relation to those Documents or Services. We may receive an introductory commission in respect of these referrals or introductions. These services provided by our Partners will be charged separately by our Partners and do not form part of these Terms. Once an introduction is made, all further contractual matters are solely between you and the Partner.

4. Client responsibilities

1. When registering on the Platform you will be required to provide an email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. We will not be liable for any unauthorised access by a third party using your email address and password.
2. It is your responsibility to ensure that any information you provide through the Platform or through any other means is accurate and you must co-operate with us in all matters relating to the provision of the Services.
3. Your failure to comply with clause 4(b) will compromise the accuracy and quality of the Services and we disclaim any liability arising out of or as a result of such inaccuracy of information.

5. Basis of Contract

1. The description of the Services on our Platform does not constitute a contractual offer to provide any Services to you.
2. The Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the Ordering process correctly and pay the Fees for your Subscription.
3. By accepting these Terms, you agree to be bound by these Terms, as amended from time to time, which form a legally binding agreement between you and us that will continue until terminated or cancelled in accordance with these Terms.

6. Personal information and registration

1. Once you have made an Order, you will then be required to submit details, which depending on the Order you have made may include:

• contact name;
• date of birth;
•         address and other contact details;
•         details of your assets; and
•         general information about your executors, heirs and beneficiaries.

1. We will invite you to send a link to the intended beneficiaries asking for their consent to share their personal data with us for the purposes of carrying out the Services. If they agree and click through the link and accept these Terms and our Privacy Policy we will collect their name and contact information, and this can then be included in the Documents.
2. During your lifetime, you will be able to store Documents that relate to the beneficiaries that have accepted our invite to the Platform securely on our servers. We call this service ‘The Vault’. Such Documents will only be released when you determine that they should be, either during your lifetime or upon your death in accordance with your stated wishes.
3. For the purpose of the Services, we may contact you by using e-mail or other communication methods and you expressly agree to this.
4. By agreeing to receive communications from one of our Partners, you consent to your personal information being shared with that Partner. Once this information has been passed directly on to the Partner, they may contact you via e-mail with information that relates to your issue.
5. We retain and use all information strictly under the Privacy Policy.

7. Fees

1. The price of the Fees is set out on the Platform at the date of the Order or such other price as may be agreed in writing between you and us.
2. You will be required to pay the Fees when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
3. Prices and charges include VAT at the rate applicable at the time of the Order.
4. All Fees must be taken through the Platform. We process payments using [insert] which are subject to the [insert terms] which are incorporated into these Terms by reference.

8. Cancellation

5. This is a Distance Contract which is subject to the cancellation rights (“Cancellation Rights”) set out below. As a Consumer, you can cancel your Subscription by telling us within 14 days of payment of the Fees (the “Cooling-off Period”), if you change your mind and without giving us a reason, provided you have not used any Services or downloaded any Document or digital content from the Platform. In such a case, we will issue you with a full refund.
6. Please note that these Cancellation Rights, however, do not apply if you have already used or received the Services or downloaded any Document(s) or digital content from the Platform when you cancel, for example, where you have created a Document through the Platform during the Cooling Off Period. In such a case, you will not be entitled to receive any refund.
7. We reserve the right to decline to offer the Services to you during the Cooling-off Period, at our sole and absolute discretion. In this case, we will refund the entire Fees to you.
8. You may cancel your Monthly Subscription or Lifetime Subscription at any time after the Cooling-off Period by following the procedure set out in clause 8(e). On such termination, you shall not be entitled to any refund of the Fees paid.
9. To exercise the right to cancel under clause 8(d) of these Terms, you must inform us of your decision to cancel by a clear written statement via the Platform or by sending us an email on [insert].  We will then communicate to you an acknowledgement of receipt of such cancellation by email. Once you cancel your Subscription, please note that your access to the Platform will be terminated on the cancellation date and you will not be able to access any Documents stored on the Platform.
10. We may terminate our Services and these Terms at any time by writing to you if:

1. you provide us with false or misleading information; or
2. you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to our reputation; or
3. you commit a breach, or series of breaches resulting in a serious breach, of these Terms and the breach either cannot be fixed or is not fixed within 30 days of the written notice to you; or
4. Waseeya is subject to any insolvency, restructuring, liquidation or winding up proceedings.

11. If we terminate our Services and these Terms in the situations set out in clause 8(f), we may deduct or charge you reasonable compensation for the losses we will incur as a result of you breaching these provisions.

Timing of refund

12. If a refund is due under clause 8(a), we will make the refund without undue delay and in any event, not later than 14 days after the day we receive your cancellation notice.
13. We will make the refund using the same means of payment as you used for payment of the Subscription Fees, unless you have expressly agreed otherwise.

9. Nature of the digital content

1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality and available for download by you as soon as we accept your Order.
2. We are under a legal duty to supply digital content that is in conformity with these Terms.
3. When we supply the digital content:

1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
3. you acknowledge that there may be minor errors or bugs in it.

10. Faulty digital content

1. If your digital content is faulty, please contact us at [insert email address].
2. To avoid faults in the digital content, you must use it only on the recommended third party software and equipment set out in the guide to its use or on our site.

11. Duration and termination

1. This agreement shall commence once your payment of the Fees is received by us and shall continue until the Subscription is terminated in accordance with these Terms, whichever is earlier.
2. If you have signed up for a Monthly Subscription, the duration of the Subscription will be ongoing and will be billed automatically on a monthly basis unless terminated earlier in accordance with clause 8(a) or clause 8(d) of these Terms.
3. If you have signed up for a Lifetime Subscription, the duration of the Subscription will be ongoing and will be billed one-time at the time of Ordering the Services unless terminated earlier in accordance with clause 8(a) or clause 8(d) of these Terms.

12. Intellectual property

1. We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. “Waseeya” is a registered trade mark and no rights are granted to Clients or any third-parties to reproduce or use our trade mark for any purpose without our prior written approval.
3. You are permitted, on a non-exclusive and non-transferable basis, to:

1. print off one copy or download extracts of any page(s) from our Platform including the Documents for your personal use; and
2. draw the attention of third parties to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.

4. However, you must not:

1. modify the paper or digital copies of any materials you have printed off or downloaded in any way;
2. use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
3. use any part of the content on our Platform for any commercial purposes including resale without obtaining a licence to do so from us or our licensors.

5. If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. Viruses and maintenance

1. We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
3. You are responsible for configuring your information technology, computer programmes and Platform to access our Platform. You should use your own virus protection software.
4. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
5. We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating these Terms or otherwise improving the content, features or functionality of our Platform.

14. Linking to our Platform

1. You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We prefer that you link to our Platform through the social media links provided.
2. You must not, without explicit permission:

1. establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
2. establish a link to our Platform in any website that is not owned by you;
3. frame our Platform on any other Platform, nor create a link to any part of our Platform other than the home page; or
4. link from any Platform that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.

3. We reserve the right to withdraw linking permission without notice.

15. Third-party Links on our Platform

1. Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.

16. Confidentiality

1. We undertake not to disclose any confidential information regarding your circumstances to any third-parties except as provided for under these Terms or under our Privacy Policy. However, we may disclose your confidential information:

1. to our employees, officers, representatives, subcontractors or advisers who require such information for the purposes of carrying out their obligations under these Terms;
2. to our Partners with your consent; or
3. as may be required by the law of a court of competent jurisdiction or any governmental or regulatory authority.

17. Successors and our sub-contractors

1. We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
3. No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to terminate or make any changes to these Terms.

18. Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:

1. the party will advise the other party as soon as reasonably practicable; and
2. the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Client's above rights relating to delivery and any right to cancel.

19. Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Services to you and for marketing. Please read our Privacy Policy for more information on how we store and process your personal information.
2. These Terms should be read alongside, and are in addition to our policies, including our Privacy Policy.
3. For the purposes of these Terms:

1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

4. We are a Data Controller of the Personal Data we Process in providing the Services to you. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
5. Where you supply Personal Data to us so we can provide the Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
2. we will only Process Personal Data for the purposes identified including:

1. to supply Services to you;
2. to process your payment for the Services; and
3. if you agreed to this during the order process, to give you information about other services we may provide, but you may stop receiving this at any time by informing us;

3. we will respect your rights in relation to your Personal Data; and
4. we will implement technical and organisational measures to ensure your Personal Data is secure.

6. We will only give your Personal Data to third parties where the law either requires or allows us to do so.
7. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure compute servers or those of third parties.
8. We will take all reasonable care to keep the details of your Order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or Ordering from the Platform.
9. You may supply information or Personal Data of another person or persons to us when you make your Document. You confirm that you have their permission or consent to pass on their details, including any sensitive data to us and that they agree to us holding, processing, using and storing their information and Personal Data (in accordance with our Privacy Policy). You agree to indemnify us for any losses suffered or incurred by us, arising out of or as a result of supply of Personal Data of any such person(s) without their permission or consent.
10. For any enquiries or complaints regarding data privacy, please contact our Data Protection Officer at [insert email address].

20. Reliance on our Platform

1. The content on our Platform is provided for general information only, may become out of date over time and is not intended to amount to advice on which you should rely.
2. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
3. The information on the Platform may vary from time to time without notice to you, to try to ensure that the Platform is as up to date as possible.

21. Prohibited use

1. You may not use the Platform for any of the following purposes:

1. in any way which causes, or may cause, damage to the Platform or interferes with any other person's use or enjoyment of the Platform;
2. in any unlawful or fraudulent manner;
3. to transmit, or to procure the transmission of any unsolicited marketing materials to us;
4. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
5. to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or
6. making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

22. Disclaimer

1. Any template documents that you personalise for your own use or other tools you use on the Platform including the Waseeya Inheritance Calculator have been approved by qualified solicitors and reputable Sharia scholars where applicable. However, we are not Islamic scholars, surveyors, agents, accountants, lawyers or other relevant qualified professionals. For further guidance on the content of your will, we will, upon request put you in touch with one of our Partners if appropriate or advise you to engage with suitably qualified professionals.
2. Please also be aware that should you make any changes to the Documents beyond our set parameters after downloading them, Waseeya shall have no liability for the consequences of their use.
3. Due to the standardized nature of the Documents made available through the Platform, Waseeya cannot guarantee that such Documents will meet your precise needs and circumstances. You must satisfy yourself that the nature of the Documents and/or Services meet your requirements and are satisfactory for your purposes and any legal requirements. Waseeya cannot accept any responsibility to you if the Documents and/or Services are not legally correct for your situation.
4. Any use of the Documents and/or Services does not create a lawyer-client relationship between Waseeya or any employee of or other person associated with Waseeya and you.
5. For the avoidance of doubt, we accept no liability for your reliance upon any advice provided by our Partners and all such claims shall be between you and any such Partner.

23. Limitation of liability

1. If we breach any of these Terms, we are responsible for any direct loss or damage you suffer that is a foreseeable result of breach of these Terms by us but we are not responsible for any indirect, consequential, incidental, special or pecuniary loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this agreement was made, both Waseeya and you knew it might happen, for example, if you discussed it with us during the Order process.
2. Subject to clause 23(c) below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with the Services and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees paid by you under these Terms or £150, whichever is lower.
3. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to any Client's business which would not be suffered by a Consumer because we believe the Client is not engaging our Services wholly or mainly for a business.
4. It is your responsibility to ensure that the Document is validly executed and we shall have no liability for your failure to properly execute your Document which may result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.
5. Any changes to the law may mean that your Document becomes out of date and we cannot guarantee that the Document you produce will remain up to date and accurate. It is not our liability to notify you of any changes in the law or any impact these changes may have on your Document and we are not liable for this.
6. We do not review the information you provide to create a Document for the purposes of checking the legal requirements under applicable law.
7. This Platform and the Services listed on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

24. General

1. These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
2. These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
3. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
4. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
5. The Partner(s) will be engaged by Waseeya as an independent contractor(s) and the relationship between the Partner and Waseeya does not constitute an agency, partnership or employer-employee relationship.

25. Governing law, Jurisdiction and Complaints

1. These Terms (including any non-contractual matters) are governed by the law of England and Wales.
2. Disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Clients should first contact our Complaints Officer by email at [insert email] and provide the details of the dispute and your desired outcome. We will aim to respond with an appropriate solution within 5 days.