Important Information
Important Information
Wahed Invest LTD Client Agreement
Introduction
These are our standard client agreement terms and conditions (“Terms”), and it sets out the basis on which Wahed Invest Ltd. (“Wahed”), a subsidiary of Wahed Inc. with its registered address at 16192 Coastal Highway, Lewes, Delaware 19958, United States of America, provides you with its discretionary investment management service. Wahed is registered in the Abu Dhabi Global Market (“ADGM”), with its registered address at Cloud Suite 213, 15th floor, Al Sarab Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, holding ADGM registered number 000004971.
In order to perform the trade execution for and on your behalf, Wahed has appointed a broker-dealer and one or more custodians. Wahed has appointed multiple counterparties to serve as its broker-dealer or related custodian from time as specified in Schedule 1 hereto or as we may advise you of in writing from time to time (each individually, a “Broker-dealer” or a “Custodian”, as appropriate). A Custodian's role is to hold and safeguard your securities as well as provide execution facilities for trades made on your Account. Your relationship with a Custodian is governed by the requirements set out in Section 2 below.
References to “we”, “us”, or “our” are references to Wahed. References to “Services” are to the services provided by us. “Client”, “you” and “your” refer to any person operating or intending to operate an account with us.
Capitalised terms not defined in these Terms shall have the same meaning attributed to them in the relevant Rules of the ADGM.
These Terms are split into sections, in which Section 1 deals with matters specific to Wahed’s Services to you, Section 2 deals with matters specific to the Custodian’s services to you, and Section 3 deals with general matters between you and us.
It is important you read these Terms carefully before making any investments, because we will rely on them in all our dealings with you. You should also print off a hard copy, and then keep it safe for future reference.
These Terms will come into effect on the day an account is opened with the Custodian and is ready to receive trading instructions from Wahed based upon the ‘Personal Investment Report’ recommended by Wahed to you.
Section 1: Wahed Invest Ltd
This section sets out the basis on which Wahed is carrying on managing investments for you.
Who regulates us?
Wahed Invest Ltd is authorised and regulated by the Financial Services Regulatory Authority (“FSRA”). Our Financial Services Permission number is 220065, and the full FSRA Register is available on the ADGM’s website which can be accessed here https://www.adgm.com/public-registers/fsra.
Wahed is authorised and regulated by the FSRA to carry out the Regulated Activities in or from the ADGM as an Islamic Finance Business:
- Shari’a Compliant Regulated Activities;
- Managing Assets; and
- Arranging Custody.
Accordingly, the Regulated Activities and entire business carried out by Wahed will be conducted in accordance with Shari’a and, as such, all references to the business activities and services provided by Wahed in these Terms shall be deemed to be conducted in accordance with Shari’a.
- Wahed appointed Shari'a Review Bureau W.L.L, licensed by the Central Bank of Bahrain under License No. ANC/008 dated 2 July 2007, as its full time Shari'a advisor and administrator of our Shari'a Supervisory Board. The Shari'a Supervisory Board is made of the recognised members (the “Scholars”). To know more about the current Shari'a Supervisory Board composition please contact on uaesupport@wahed.com.
The composition of the Shari’a Supervisory Board and the Scholars serving therein may change from time to time without prior notice.
The Scholars have reviewed and approved our securities, systems, and technologies. The Shari’a Advisor and Scholars also review all our investments annually to ensure that all returns are permissible in accordance with the Shari’a.
Wahed provides a service whereby Wahed will manage your investments on a discretionary basis (the “Service”). This means that Wahed manages your investment portfolio in accordance with an agreed investment mandate. This mandate will be explained to you in your ‘Personal Investment Report’, made available to you through the Wahed mobile application platform (“the App”) after you sign up.
Wahed delegates the right to hold client funds and the ability to engage in securities transactions on behalf of clients with its Broker-Dealer to a Custodian, but Wahed will remain overall responsible to the client and the subject for any complaints.
Other than specifically provided in these Terms, our FSRA license does not restrict us from providing any of the services outlined to you.
Client Classification
Wahed has a Retail Endorsement and is therefore authorised by the FSRA to provide its Services to Retail Clients. On this basis, we will treat you as a Retail Client unless we notify you, in writing, to the contrary. This means that you will have the highest level of protection under the rules made by the ADGM. You may at any time ask us to re-categorise you as a Professional Client, however, you will not benefit from the higher level of protection available to Retail Clients. Further, it is not our general policy to re-categorise Retail Clients and we can reject your request if we feel that you do not meet the requirements of a Professional Client.
Scope of Services
Wahed is appointed as your discretionary Investment Manager for all your ‘Client Assets’ (which is inclusive of your funds and securities held for investment purposes) that shall be designated by deposit or transfer into Wahed’s or the custodian’s omnibus account held with a local bank in the UAE. The deposit into the omnibus account will be made in USD upon it being transferred to an account held with the Custodian in the name of Wahed (the
“Account”). You authorise Wahed to perform the Services as indicated in these Terms in accordance with your financial circumstances, investment objectives, and risk tolerance as specified through your registration in the App.
You hereby grant Wahed discretionary authority in connection with the Account to be established in Wahed’s name and, in such Account, to purchase or sell securities or other investment products, to sell, manage, and reinvest the amount or type of assets or investments, whether employing margin or otherwise, to instruct the broker-dealer (see Schedule 1), trustee, or the Custodian (as applicable) to receive, accept and deliver securities or other assets, and to implement any investment decisions for the Account, all without prior consultation with you.
This discretionary authority granted to Wahed includes the authority to hire or retain other investment advisers to exercise any authority granted to Wahed under these Terms, to remove, terminate or replace any such other investment adviser, and to allocate assets belonging to you and, subject to these Terms, between or among any other such advisers, assets and Accounts that are subject to these Terms. This discretionary authority is subject to such other reasonable limitations that you may request upon written notice to Wahed and
which Wahed agrees to.
You may revoke the authority granted to Wahed at any time by submitting a written notice to Wahed or by following such account closure process as described in the App. Other than specified herein, Wahed shall have no authority under these Terms to take or have possession of any assets in the Accounts nor to direct delivery of any securities or payment of funds to itself or direct disposition of such securities or funds to any person other than
you. You acknowledge and understand that the Services to be provided by Wahed under these Terms are limited to the management of the assets in the Accounts.
What is Wahed’s discretion when managing your investments?
Wahed will manage your assets in the Account, on a discretionary basis, in accordance with your investment mandate as specified in the App and these Terms. This means that Wahed will, normally acting as your agent, have discretion in respect of your portfolio to enter into any kind of transaction on your behalf without your consent, in line with your agreed investment mandate, using a broker or agent if Wahed chooses. Therefore, Wahed's discretionary investment management activities are limited to the parameters contained in
the Client's Investment mandate.
Wahed also has the right to change your investments without your consent should circumstances change, for example you withdraw your money so that what is left is not sufficient to justify the strategy being used. Wahed may also exercise this right if the nature of your investments change to the point that they no longer match with the requirements of your investment mandate.
Suitability Assessment
Unless otherwise agreed in writing, Wahed will consider suitability for you before first recommending or advising you on a financial product or investment arrangement, we will undertake an appropriate assessment of your:
- particular needs, objectives, and financial situation; and
- risk tolerance, knowledge, experience and understanding of the risks involved, based on the information you provide to us.
We will not consider suitability for you if:
- we have classified you as a Market Counterparty;
- we are merely promoting a financial product or a financial service to you; or
- you instruct us to arrange an execution-only transaction.
Under such circumstances, you understand and agree that we will not have any duty to advise you in respect of either that execution-only transaction or any subsequent investment arrangement acquired under that execution-only transaction and you are responsible for assessing the suitability of that execution-only transaction in the context of your investment
objectives.
Using the App, you will be required to provide information to determine your financial situation and investment objective, which includes personal information, in order for Wahed to determine if investing is suitable for you. If you are suitable, Wahed will allow you to proceed with opening an account on the App. You must provide answers to the best of your ability to ensure Wahed’s Services are suitable for you.
You will be asked to pick one portfolio (investment mandate) from a selection of recommended options on the App. Unless otherwise directed in writing, Wahed will recommend investment strategies and investments based on the profile information specified by the Client on the App and consistent with Client’s financial circumstances and other information derived from analysis of the client suitability profile. Therefore, you recognise that the value and usefulness of the investment strategies and the Services of Wahed will depend upon the accuracy and completeness of the information that you provide.
You therefore agree to provide complete and accurate information and documents that Wahed requires, in Wahed’s sole judgment, in order to provide the Services hereunder.
Wahed Invest does not provide regulated advice
Please note that Wahed does not provide any advice, including financial advice, on investments. If you have any questions regarding your investments, including the risks associated with investing in a particular product or market, you should consider seeking independent advice from a suitably qualified professional advisor. This might include, but may not be limited to, financial advice, investment, legal and tax advice. Wahed cannot give you any investment, legal, taxation or other advice in connection with your investments.
Wahed will only assess whether or not you are suitable for Wahed’s Service. If you are unsure or feel that your needs go beyond the scope of the Service, Wahed highly recommends that you seek independent financial advice.
Other than this, the FSRA license does not restrict us from providing any of the Services outlined in these Terms to you.
Ongoing Suitability
Every 12 (twelve) months Wahed will contact you to make sure the Service is still suitable. In the event that this is not the case, Wahed may recommend an alternative investment selection, or that you close your account with Wahed. Furthermore, Wahed reserves the right to stop managing your investments on a discretionary basis.
Exit
If Wahed finds that investing with us is not suitable for you, Wahed reserves the right to exit you from Wahed’s system. Wahed will explain in writing why this happened and offer you a way to resolve the issue, if the circumstances permit Wahed to do so.
Conflict of Interests
Wahed will always endeavor to act in your best interests as Wahed’s client. However, circumstances can arise where Wahed or one of Wahed’s other clients may have some form of interest in business being transacted for you. If this happens or Wahed becomes aware that Wahed’s interests or those of one of Wahed’s other client’s conflicts with your interests, Wahed will act in accordance with its Conflicts of Interest policy.
Wahed has a compliance department which is responsible for ensuring that Wahed’s control structures and procedures are adequate to ensure compliance with all relevant laws, regulations, codes and practices relating to Wahed’s business activities, which includes identifying, monitoring, and managing actual and potential conflicts of interest. Wahed are committed to operating in the best interests of Wahed’s clients and preventing or managing conflicts of interest fairly, including to ensure that the Islamic Financial Business is carried
out appropriately and in compliance with Shari’a. Where there is a conflict of interests, Wahed will not knowingly deal unless Wahed has taken reasonable steps to ensure fair treatment for its clients such as establishing and maintaining effective information barriers to restrict the communication of relevant information.
On the basis that the arrangements made by Wahed to manage conflicts of interest are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of a client will be prevented, Wahed will clearly disclose the general nature and/or sources of conflicts of interest to you before undertaking any business for you.
To the extent Wahed is unable to prevent or manage a conflict or potential conflict of interest, Wahed will decline to act for you in such circumstances of conflict.
Voting rights
In providing its discretionary investment management Service to you, Wahed may decide at its discretion whether or not to procure the exercise of any voting rights attached to your investments. Unless instructed otherwise, Wahed shall be entitled to exercise such rights at Wahed’s discretion, provided that Wahed is in compliance with Wahed’s conflicts of interest policy, which can be found in Wahed’s regulatory FAQs via the website at wahed.com.
Wahed’s liability
Wahed is committed to providing you its discretionary management Service with reasonable skill, care and diligence under these Terms. As long as Wahed does this, Wahed cannot and does not accept any liability for loss (or loss of an opportunity to gain) which arises from the exercise of Wahed’s discretionary investment management for and on your behalf.
Please note Wahed does not provide, nor does Wahed accept responsibility for, legal, tax or accounting advice. Wahed also does not accept liability for an action, or failure to act, by the Custodian, as this is the responsibility of the Custodian.
Please note, however, that despite the above, Wahed does not limit or exclude Wahed’s liability for fraud or death or personal injury as a result of Wahed’s negligence or that of Wahed’s employees.
Cancellation Rights
Wahed will always honor your statutory rights. After agreeing to invest with Wahed, you are still entitled to cancel your investment for up to 14 (fourteen) business days after having opened your account (the ‘cancellation period’). This is done by sending Wahed written notice of the cancellation to uaesupport@wahed.com.
If you cancel your investment within the cancellation period, Wahed will sell your investments and return the proceeds generated from any sale to you. Wahed will sell your investments within 2 (two) business days (on which the relevant markets are open) of receiving your cancellation instruction, subject to circumstances beyond Wahed’s control.
Please be aware that if the value of your investment(s) has fallen you will not get back the full amount you invested. You will also be liable for any costs Wahed has incurred on your behalf in order to sell the investments.
Termination
You or Wahed may terminate Wahed’s discretionary management Service at any time for whatever reason, without penalty. If you wish to terminate the Services, you must notify Wahed in writing by email to uaesupport@wahed.com or through the process specified in the App, and termination will take effect from the later of the date of receipt of the termination notice or the date of liquidation of related securities account.
Please note that if and when Wahed’s Services are terminated, unless Wahed agrees with you otherwise in writing, Wahed will sell your investments and return any proceeds received to your designated bank account as confirmed by you on the App. Subject to circumstances beyond Wahed’s control, Wahed will sell your investments within 2 (two) business days (on which the relevant markets are open) of receiving your termination notice / Wahed’s decision
to exit you from the Wahed system.
If the value of your investment(s) has fallen, you acknowledge that you will not get back the full amount you had initially invested. Also, please be aware that Wahed offers no refunds for payment of fees already made to Wahed.
How do you keep track of investments and performance?
A statement showing the composition and initial value of your portfolio is provided in the portfolio section on the App which is determined in accordance with your investment mandate. When you instruct Wahed to start providing Wahed’s discretionary management Service, Wahed will acknowledge the instructions received by you in writing, usually through the App or by email.
Wahed will provide you with periodic statements on an annual basis with valuations of your investments, so that you can see how they are performing. In order to help you assess the success of your investments, Wahed will also include in these statements a comparison against a suitable benchmark.
Section 2: Custodian
Who Handles Your Money and Investments?
Wahed will not maintain physical custody of your funds and securities (“Client Assets”) held in the Account. Your Client Assets shall be held for safekeeping by a Third Party Agent, that being a Custodian, subject to satisfying the suitability requirements pursuant to COB 15.5.
Wahed will not act as custodian for the Client Assets in the Account and shall not be liable to you for any act, conduct, or omission by the Custodian. Wahed will not, by virtue of these Terms, have the ability to transfer the Client Assets, except to the extent that may be provided herein.
Instructions and Executing transactions
Wahed is authorised to give instructions to the Broker-dealer with respect to all investment decisions regarding the assets held in Account and the Broker-dealer is hereby authorised and directed to effect transactions, deliver securities, and otherwise take such actions as Wahed shall direct in connection with the performance of Wahed obligations in respect of such assets, including, without limitation, securities brokerage transaction.
You will be notified of all transactions executed on your behalf on the App.
Client Money and Accounts
There are circumstances where Wahed holds or controls money on your behalf in the course of, or in connection with, the carrying on of the Services. Wahed will treat such money received from you or held on your behalf as “Client Money” in accordance with the ADGM’s Client Money provisions under the COB Rules. Wahed will hold such Client Money in a pooled omnibus account referred to as a single ‘Statutory Trust’ Account held with a Third Party Agent, that being the Custodian. The Client Money will subsequently be transferred to
the broker, which may be an affiliate in the Wahed group of companies, and such Client Money will be held in a securities account with a regulated custodian for the purpose of Its brokerage activities and to be invested in accordance with the Client mandate.
All Accounts are established in Wahed’s name for the purpose of holding and controlling Client Assets and such Account shall include the words “Client Account” or similar designating language in their title. All Client Money received by Wahed shall be paid into the omnibus Client Account within 1 (one) Business Day of receipt.
As a consequence of the protection conferred by the ADGM’s Client Money provisions in the COB Rules, your money will be held separately from money belonging to Wahed and in the event of the Wahed’s insolvency, winding up or other “Pooling Event” stipulated by the FSRA, such money will be subject to the ADGM’s “Client Money Distribution Rules” in COB Rule 14.13.
Where a Client is classified as a Market Counterparty, the Client, by entering into these Terms, expressly consents for Wahed to exclude the application of the ADGM’s Client Money provisions to Market Counterparties. In such case, the Client, acknowledges and agrees that:
- a) the protections conferred by the Client Money provisions do not apply to the Market Counterparty’s money;
- b) as a consequence of this, the Market Counterparty’s money may be mixed with money belonging to Wahed and may be used by Wahed in the course of its business;
- c) in the event of insolvency, winding up or other Pooling Event, it will be an unsecured creditor; and
- d) the disclosures made by Wahed to the Market Counterparty pursuant to these Terms were made to the Market Counterparty before the Market Counterparty provided any money to Wahed.
Wahed does not pay interest to you on any money that Wahed holds on your behalf and by entering into these Terms you acknowledge that you waive any entitlement to interest under the Client Money provisions or otherwise.
Wahed may hold the Client’s money in an account in a jurisdiction outside the ADGM. The market practices, insolvency and legal regime applying in that jurisdiction may be different from that of the ADGM. In terms of its Islamic Finance Business, Wahed undertakes a Wakala Shari’a compliant structure whereby Wahed is appointed as a wakeel agent in respect to the business activities conducted on behalf of Clients.
Furthermore, you agree that Wahed may realise Client Money held on your behalf, and Wahed may close out or liquidate any contracts or positions in respect of the Client Money in order to:
- a) pay any fees and charges to Wahed as provided for under these Terms;
- b) satisfy any amount owed by you to Wahed as a result of a default by you; or
- c) satisfy any sum otherwise due to Wahed by you.
Wahed also maintains a master list of all Accounts clearly identifying the individual Client’s ownership to any Client Asset which are kept in the Accounts with the Third Party Agent (i.e. Custodian), including in circumstances where such accounts are pooled with the Client Assets of other Clients in the same Account. Such master list includes the following details:
- a) the name of the account;
- b) the account number;
- c) the location of the account;
- d) the banker or Custodian, its address and contact information;
- e) the account terms and conditions;
- f) whether the account is currently open or closed; and
- g) the date of opening or closure.
A record of each Account on the master list is documented and maintained for a period of at least six (6) years from the date on which the Account is closed.
Any Client Money received by Wahed in respect of Execution-Only transactions or series of Execution-Only Transactions or for the purposes of enabling the Client to meet its obligations to any other person will be held by Wahed in an Account(s) with the Custodian and will be transferred to an Account within three (3) days of receipt by Wahed.
Wahed will not be liable for the insolvency, acts or omissions of any bank or other third party with whom the Wahed holds Client Money on your behalf.
As part of the reporting obligations, Wahed will provide a monthly statement to you pursuant to the requirements under the Client Money provisions of the COB Rules. Wahed also undertakes to maintain a system to ensure that accurate reconciliations of the Client Accounts are carried out at least every month.
[In the event that there has been no movement on your Account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and Wahed is unable to trace you despite having taken reasonable steps to do so, you agree and hereby instruct Wahed that it may cease to treat your money as Client Money and that Wahed may transfer the Account balance into Wahed’s own account. In such circumstances, Wahed [(or a company part of Wahed’s group of companies)] will unconditionally undertake to pay you a sum equal to the relevant Client Money balance transferred in the event that you seek to claim the Client Money balance in the future.]
Safe Custody
As part of its discretionary management Services, Wahed may hold or control Client Investments and therefore you will receive the benefits of the protections conferred by the “Safe Custody” provisions pursuant to the COB Rules in respect of Client Assets (“Safe Custody Assets”). Any separate agreements or special conditions applicable to the Accounts used for the purposes of holding the Safe Custody Assets shall apply in addition to these
provisions. In the event of any differences between any applicable separate agreement and/or special conditions, the provisions in that agreement shall prevail.
All Safe Custody Assets will be held with a Third Party Agent, that being the Custodian, and established in Wahed’s name for the purpose of holding and controlling Client Assets and such Account shall include the words “Client Account” in their title.
Wahed may, in its discretion, elect to mix the Safe Custody Assets with assets of other Clients in the Account. Safe Custody Assets will be held separately from Wahed’s assets in order to ensure that they are readily identifiable.
Wahed will record all Safe Custody Assets in the legal title of the Account or, where due to the nature of the law or market practice it is not feasible to do otherwise, in the name of Wahed.
Wahed also maintains a master list of all Accounts clearly identifying your individual ownership to any Client Assets which are kept in the Account(s) with the Third Party Agent, including in circumstances where such accounts are pooled with the Client Assets of other Clients in the same Account. Such master list includes the following details:
- a) the name of the account;
- b) the account number;
- c) the custodian, sub-custodian or depository (as applicable);
- d) the banker of the account;
- e) whether the account is currently open or closed; and
- f) the date of opening or closure.
The record of the master list is documented and maintained in accordance with the requirements under the COB Rules and for a period of at least six (6) years from the date on which the Account is closed.
Wahed undertakes to assess the Third Party Agent to determine that it is suitable to hold the Safe Custody Assets on the following basis:
- a) its credit rating;
- b) its capital and financial resources in relation to the amount of Safe Custody Investments held;
- c) the insolvency regime of the jurisdiction in which it is located;
- d) its arrangements for holding the investments;
- e) its regulatory status, expertise, reputation and history;
- f) its group structure;
- g) its use of agents and service providers; and
- h) any other activities of the agent.
Wahed also undertakes to establish systems and controls to monitor all entities appointed as custodians to ensure that they remain suitable.
Wahed may hold the Safe Custody Assets in a jurisdiction outside the ADGM. The market practices, insolvency and legal regime applying in that jurisdiction may be different from the regime applicable in the ADGM.
Wahed does not pay interest to you on any Safe Custody Assets that Wahed holds or controls on your behalf and by entering into these Terms you acknowledge that you waive any entitlement to interest under the Safe Custody Provisions or otherwise.
Subject to other contractual notice periods, any applicable legal provisions and the statutory limitation period, you may require the withdrawal of transfer of the Safe Custody Assets at any time where the usual notice periods and forms of notice must be observed. Upon termination of these Terms, Wahed will require the withdrawal or transfer of the Safe Custody Assets. You will be liable to Wahed for the costs of delivery of any Safe Custody Assets.
You agree that Wahed may realise the Safe Custody Assets held on your behalf and Wahed may close out or liquidate any products in respect of the Safe Custody Assets in order to:
- a) pay any fees and charges to Wahed as provided for under these Terms;
- b) satisfy any amount owed by you to Wahed as a result of a default by you; or
- c) satisfy any sum otherwise due to Wahed by you.
In the absence of any explicit instructions from you, Wahed shall perform the following services in respect of Safe Custody Assets, and in so doing shall rely on the usual means of information available in the sector, without accepting liability for any errors or omissions:
- (a) supervise coupon payment notices, drawings, calls, conversions, subscription rights, etc.
- (b) detach and collect or present for payment coupons, interest and dividends;
- (c) renew coupon sheets and exchange temporary certificates for permanent ones;
- (d) collect redeemable securities;
- (e) stock splits and stock dividend transactions.
In the absence of timely instructions from you, Wahed shall, in its sole discretion, take the steps it considers appropriate to safeguard your interests and you agree that no liability shall attach to Wahed in this regard save in the event of fraud, gross negligence or willful misconduct. Subscription rights shall be sold automatically, unless you give clear instructions to the contrary within the set time.
Wahed will provide a six-monthly statement to you pursuant to the requirements under the Safe Custody Provisions in the COB Rules. Wahed also undertakes to maintain a system to ensure that accurate reconciliations of the Accounts are carried out at least every month.
Wahed will not be liable for the insolvency, acts or omissions, such as events of default, of any bank or other Third Party Agent with whom the Wahed holds Safe Custody Assets on your behalf.
Section 3: General obligations
What are your obligations?
To enable us to provide you with a proper Service, we require you to do the following for us:
- Agree with each of Sections 1-3 of this agreement. Please note that we reserve the right to replace your custodian in the future with another custodian.
- Confirm that you have not supplied us with information in your suitability
questionnaire available on the App or otherwise which is inaccurate or misleading; - Notify us promptly in writing of any change to the information supplied by you to us;
- Supply us with all information, documentation or copy documentation that we require in order to allow us to carry out our Account opening procedures;
- Provide us with any additional information which may be reasonably required in order that we can fulfill our legal, regulatory and contractual obligations;
- Confirm that the investments and cash within your account portfolio are within your complete ownership and free from all liens, charges and any other encumbrances;
- Not, except through us, deal, or authorise anyone else to deal in the investments in your account; and
- Undertake to sign and/or produce, by the time we ask you to, any documents we need to enable us to carry out our duties on your behalf.
Non-UAE and UAE residents
We do not offer advice on your tax circumstances; therefore, we strongly recommend that you speak to an independent tax advisor if you are unsure.
Fees
We fully disclose our fees to you in monetary and percentage terms in your Personal Investment Report. They are also available for review at all times under the portfolio section online. We calculate and collect fees monthly based on the value of the amalgamated portfolios on the last day of the month (close of business). The fees charged will be either (i) 0.99% per annum for your amalgamated portfolios between USD100 and USD249,999 or (ii) 0.49% per annum for your amalgamated portfolios of USD250,000 or greater. We will
promptly notify you of any increase or decrease in these fees. An increase in the fee will be effective for your Account starting in the next month that begins at least 30 days after we send or post such notice. A reduction in the fee will be effective for the Account starting in the next month following its reduction.
Please note that it is possible that taxes or costs may exist in addition to those which we pay or impose. This may include bank transfer fees, brokerage fees or other fees that your agents or financial institutions may impose upon you in connection with transferring funds to or receiving funds from Wahed.
Anti-Money Laundering
The anti-money laundering regulations require us to verify your identity, to gather information as to the purpose and nature of the business which we conduct on your behalf, and to ensure that the information we hold is up-to-date. We use electronic identity verification systems, at the beginning and throughout our relationship with you. This means your personal information will be shared with third parties, i.e. the relevant agencies who operate the identity verification systems. In addition, we will verify the validity of your bank account
information and this will involve us sharing your personal and financial information with 3rd party providers. Their services compare your data against bank account data, electoral roll, relevant public registers (and this includes the bankruptcy and insolvency register and database of disqualified directors), and other publicly available information such as media reports. Please note that we cannot provide our Services to you until you have passed our anti money laundering checks.
How will we communicate?
We will communicate with you in English by email or through the App. You may
communicate with us and provide us with instructions in English through the App or by email, in accordance with procedures notified to you by us (including security procedures and use of passwords).
You accept that we are deemed to have received any email or App correspondence and instructions at the time we access it. You accept that there may be a delay in responding to correspondence received via email or App. You also acknowledge and accept the risks inherent in email, particularly of its unauthorised interception and of its not reaching the intended recipient.
Although we take all reasonable care to ensure all electronic communications and attachments we send to you are free from any known virus or bug, we will not be responsible for any loss or damage resulting from any attack by a third party on our systems, any computer virus or any other malicious or technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of our Service.
We will communicate with a third party, who you authorise (“Authorised Person”), at the address(es) you notify us in writing through the App or by e-mail. As long as we act reasonably, you authorise us to rely on instructions by whatever means transmitted which appear or purport to be sent by you or a third party authorised (i.e. the Authorised Person) by you.
We may record and monitor conversations we have with you, and we will keep a record of all communications and instructions for as long as required by law, which is a minimum of 6 (six) years, or we feel a longer period is appropriate.
Communication by someone not signed up to these Terms
If you authorise us to accept the instructions from a person that is not signed up to these Terms, such as your introducer, we will do so until we receive notice to the contrary from you. The same rules (set out under “How will we communicate”, above) apply to instructions received from this Authorised Person as they do to instructions received from you and you must ensure that your Authorised Person complies with these rules.
When may we not act on your instructions?
We reserve the right not to act on your instructions if:
- to do so may involve us or you in a breach of legal and/or regulatory requirements; or
- we believe on reasonable grounds that to do so would be impracticable or against your interests; or
- to do so would run the risk of us suffering financial loss.
We will endeavour to advise you in writing promptly if such circumstances arise.
Complaints
We are committed to providing you with a first-class Service. If anything does go wrong, we aim to put it right quickly and efficiently. If we cannot resolve a problem immediately, we will contact you to tell you what we are doing about it. If you wish to complain about any aspect of our Service, please contact us by emailing uaesupport@wahed.com and we will provide you with a copy of our complaints process and procedures free of charge.
If we do not deal with your complaint to your satisfaction, you can refer it to the FSRA by completing an online complaints form which can be accessed here:
https://www.adgm.com/registration-authority/complaints/submit-a-complaint.
The FSRA will only consider complaints that fall within their jurisdiction, and that are submitted in writing to them. Other sources of resolution may include an external dispute resolution scheme, arbitration or the Regulatory Committee, Appeals Panel or the Court in the ADGM. Therefore, you are not prevented from undertaking legal proceedings.
What are the specific risks of the products you are investing in?
It is very important to us that you understand the risks involved when making an investment. As such, in addition to our general description of the relevant risks we set out in these Terms and Personal Investment Report, we set out here the risks of investing in the different types of asset we may select for you:
General risks:
Please note that the value of your investments can fall as well as rise and you may not get back the full amount you invested. The price and value of investments may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. Past performance is not necessarily a guide to future performance.
Sukuk and other fixed income investments have the following risks:
- the price of sukuk can go down as well as up, for example the price of sukuk tends to fall when interest rates rise;
- if the proceeds from holding sukuk are reinvested in sukuk, the new sukuk may not provide as large an investment return as the previous sukuk;
- the i profit rate provided by sukuk can be fixed, in which case you may receive a return that does not keep up with inflation;
- if the provider of the sukuk becomes insolvent or otherwise unable to pay its debts, then the sukuk may become valueless; and
- There is the risk, if selling a sukuk back into the marketplace, that there is
difficulty finding someone willing to buy it, lowering the value of the sukuk.
Equity (also called shares) has the following specific risks:
- share prices can go down as well as up – this is particularly so for smaller
companies, as the combination of both less shares and less buyers of those shares means the share price can change more rapidly; - dividend growth is not guaranteed, nor are companies obliged to pay a dividend to you as an investor;
- companies may go insolvent rendering the shares you hold valueless;
- the market for equity may decline in value;
- the company’s earnings and financial markets generally may be volatile; and
- for smaller companies, shares may not obtain their full value on sale if there is difficulty finding a buyer for those shares.
Overseas investments: these have the risk that they are priced in a currency other than USD (this being the currency of your initial investment). If the exchange rate between USD and other overseas currency changes, such that the same value of overseas currency is worth less USD, this will cause your investment to lose value. Conversely, the opposite may happen, in which case there will be an increase in the value of your investment. Please note that the effect of investing overseas is separate to and in addition to the actual investment itself.
Investments in emerging markets: have, in addition to the risks involved in investing overseas, significant political, regulatory and economic risks. These may differ in kind and degree from the risks presented by investments in the world’s major markets. These investments have a greater risk of a sudden fall in value, for example if there is difficulty selling them, or as a result of governmental interference.
Please note that there may be other risks in addition to those outlined above in relation to your investment, and there may be further risks that arise in the future.
If any of the risks outlined above are unclear or if you would like to discuss the risks you face in further detail, please let us know by sending an email to uaesupport@wahed.com.
Data Protection
All of your personal information and financial information (called personal data) will be collected, processed and held in accordance with Regulation (EU) 2016/679 General Data Protection Regulation (GDPR) and our Privacy Policy, available through our website.
Amending these Terms
Wahed may, at any time, and its sole discretion make changes to these Terms for, but not limited to the following reasons:
- Changes to relevant law or regulation, or a decision of the FSRA.
- Changes to Wahed’s tax obligations (including the requirement to pay any
government or regulatory levy), or you and your product are taxed. - Changes required by any regulatory or tax authority or industry guidance or codes of practice.
- Changes in the way investment markets work, including changes in
investment/securities dealing or administration which may affect your account. - If it becomes impossible or impractical, in our reasonable opinion, to carry out any of the Terms as a result of circumstances beyond our reasonable control.
- To reflect changes to our Services or the manner in which we provide them to you.
- To reflect changes to the level of charges applicable to your account.
- To reflect changes to the range of investments we make available to you from time to time.
- To reflect product improvements to our online service that technological, service or propositional enhancements have allowed us to make.
Changes to these Terms which are due to reasons outside our control (e.g. changes in legislation) or do not impact you directly (e.g. improvements to the Service we are able to offer you) will take effect immediately and we will notify you at the next appropriate opportunity.
We will not be liable to you for any failure or delay in performing our obligations under the Terms if such failure or delay is due to any cause outside our reasonable control. Events outside our reasonable control include, but are not limited to:
- Acts of God, fire, earthquake, storm or flood.
- Explosion, nuclear accident or collision.
- Sabotage, riot, civil disobedience, strikes, terrorism.
- Epidemic, national emergency (whether in law or fact), or act of war.
- Any change to the law or regulation of a governmental or regulatory body.
- Market conditions affecting the execution or settlement of transactions in respect of your account.
- Any targeted network attack or interruption of the internet or other
telecommunications service. - Loss of supply of essential services including electrical power and third-party services.
- Any other cause beyond our reasonable control which prevents us administering your account for a given period of time.
Otherwise, we will write and tell you about any material changes at least fourteen (14) days before a change becomes effective and where this is reasonably possible. If it is not, we will write to you at the earliest opportunity after the change has taken place.
You understand and agree that if you object to any of the amendments, or any other part of these Terms, we will have the right to terminate our agreement with you with immediate effect.
Other information?
Transfers
Unless we agree specifically in writing otherwise, all transfers into and out of your Account will be by debit card, direct debit or bank transfer to us.
Wahed is not a bank, nor depository institution and does not accept cash deposits under any circumstances. You should never attempt to deliver by post or courier any cash to Wahed.
Any attempt to transfer funds into your Account by depositing cash will be rejected and such deliveries returned to the sender.
Debit card usage:
Cardholder Ownership and Authorization: Any debit card used to transfer funds into your Account must be in your name. You agree that all debit card deposits into your Account should be authorized by you. You must ensure that you have the right to use the debit card for investment purposes.
Compliance with Legal and Regulatory Framework: You agree to comply with all applicable laws, including anti-money laundering and fraud prevention regulations. The use of debit cards for online investments may be subject to additional scrutiny by your financial institution to ensure compliance.
Transaction Limits and Security: You understand that there may be transaction limits or additional security checks in place for debit card deposits used for online investments. It is your responsibility to follow secure payment methods to protect against fraud or misuse.
Debit Card Fees: You acknowledge that Wahed may incur processing fees and charges and other administrative costs in providing you with the convenience of making a deposit using your chosen payment method and agree that we shall be entitled to apply an additional fee on top of the amount funded using your chosen payment method, which shall be added to the total value of the transaction to be authorised or withdraw from your Account.
If you the client are more than one person
Each of you will be jointly responsible for complying with your obligations, and each of you bear full liability for any breach of these obligations. Any notice given to any of you will be deemed to be given to all of you, and we may act on the instructions of any of you provided that you are an Authorised Person to give such instructions.
If you die
We will suspend taking instructions in relation to your estate. This means that we will continue to manage your account in accordance with any instructions you have given us so far. Otherwise, we will only take further instructions once we have been presented with a valid grant of representation from a court.
Assignment is prohibited
You may not assign or transfer any of your rights or responsibilities in relation to your Account with us.
Only parties to this contract may enforce it
Unless and to the extent we agree otherwise in writing, a person who is not a party to this investment management agreement shall have no right to enforce any of its terms.
Closing prohibited Comment
These Terms apply to all investments you make with us and provide information about the way in which we provide our Services to you. The laws of the ADGM governs your Account with us and any matters or disputes related to these Terms, after disputants have attempted to mutually resolve any dispute, will be subject mandatory arbitration, under the laws of the
ADGM Arbitration Regulation 2015. Our Terms are in English as will be all communications between us.
If you have any questions or something doesn’t make sense, please let us know by emailing us at: uaesupport@wahed.com. Unless we agree otherwise in writing, these Terms apply to all Services we provide to you and any associated work.
Contact us
Please contact us by emailing uaesupport@wahed.com in case of questions about our processing of personal data, or about these Terms generally.
Consent
It is important to us that you understand and are happy with these Terms and your Personal Investment Report. If you have any questions or something doesn’t make sense, please let us know by emailing uaesupport@wahed.com. Unless we agree otherwise in writing, these terms and your Personal Investment Report apply to all Services we provide to you and any associated work, however note, that we may update the fees, services and related terms in this agreement by notifying you of such change.
If you are happy with both our Personal Investment Report and these terms, please can you indicate below that you consent to be bound by these Terms. We need this consent before we can provide you with our discretionary management Service.
Please note that by agreeing to these Terms:
- You acknowledge receipt of Terms and that these Terms apply to investments you make with us.
- You acknowledge that you have read these Terms carefully.
- You elect not to receive information on every transaction we execute on your behalf, but rather to receive our reports every three months (unless we have agreed otherwise);
- Agree that your Personal Investment Report is accurate and fair description of your financial situation, and to be bound by its requirements;
- You authorise the transfer of information, on a confidential basis, as required under these Terms, between third parties.
- You confirm that you have read, understood and agree to our conflicts of interest policies.
- You specifically consent to being provided information regarding our Service through our website/App.
- You have fully understood the risks inherent in the Wahed investment
management and have been given the opportunity to ask any questions
regarding this Service.
[Signature Page]
Schedule 1: Third party Broker-Dealers and Custodians
- Abu Dhabi Commercial Bank PJSC (“ADCB”)
- ADCB, which is registered at [Abu Dhabi Commercial Bank Building, Shk
- GTN Middle East Financial Services (DIFC) Limited (“GTN”)
- GTN, with its registered address at Unit 303, Level 3, Liberty House, DIFC, PO Box 507133, Dubai, United Arab Emirates, is appointed as a Broker-dealer and a Custodian.
Terms of Use
Effective Apr 6, 2023
Use of this website is for eligible persons only, which includes Retail Clients, Professional Clients and Market Counterparties as defined in 2. Client classification of the Abu Dhabi Global Markets (“hereafter ADGM”) Conduct of Business Rulebook (“Eligible Persons”).
Capitalised terms not defined in these Terms of Use shall have the same meaning attributed to them in the relevant Rules of the ADGM.
Wahed Invest Ltd detailed herein, including but not limited to each of its shareholders, directors, officers, employees, group members, affiliates, and assignees (collectively, “Wahed”) accept no liability and offer no warranties in relation to the documentation or information presented on this website, to the fullest extent such liability can be excluded by law. The information contained on this website is subject to change without notice.
Wahed has taken all reasonable care in producing the information presented on this website. However, Wahed does not warrant or represent that the information herein will be updated in a timely manner or that it will disclose to you all pertinent details relating to the services described herein. Wahed does not certify the authenticity of information that originates from third parties.
No documentation or information provided on this website is intended to constitute a recommendation of any investment, financial advice, or any other advice by any party in any jurisdiction. Full details on the products and services are not available herein and may be provided by Wahed upon additional request.
This website contains general information collected, maintained, and provided for the informative purposes and convenience of the eligible user only and shall not be relied upon to make any final business or investment decisions.
No information contained on this website should be construed as an investment advertisement. Accordingly, nothing in this website is to be construed as providing financial advice, an offer or invitation made to any person to enter into any legal agreement of any kind or exercise any rights whatsoever, in relation to the offering of any security or a solicitation.
Copyright in the information contained on the pages (excluding the documents that originate from the third parties) of this website is owned by Wahed.
Unauthorised use of the contents of this website is strictly prohibited. Under no circumstances should the information provided on this website be copied, disseminated, reproduced or redistributed other than printing or downloading for personal non-commercial use by ‘eligible persons’ as defined in the ADGM Conduct of business Rulebook . No rights of any kind are licensed or assigned or shall otherwise pass to persons accessing this website.
Wahed does not assume any liability, and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website and the information contained within, the use of, or the inability to use, the website by any party. The information on this website is not to be displayed except in full screen format.
Any link within this website, except for any link to other Wahed corporate sites, is included for information purposes only and for your convenience. Wahed’s inclusion of such links does not imply any endorsement of the materials on such links. Wahed does not accept any liability, and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the content of another website to which you may link from this website.
By proceeding into this website, you are representing and warranting that you are an Eligible Person as defined in the ADGM conduct of business Rulebook and agree to the use of the website subject to the terms and conditions stated herein.
1. Introduction
Wahed Limited Ltd (“Wahed” or “We”) an ADGM-based company licensed and regulated by the Financial Services Regulatory Authority, is an Islamic Finance Business authorised to carry on Shariah Compliant Regulated activities of managing assets and arranging custody available online and through mobile applications. The Regulated Activities and entire business carried out by Wahed will be conducted in accordance with Shariah and, as such, all references to the business activities and services provided by Wahed in these Terms of Use shall be deemed to be conducted in accordance with Shariah. Wahed Financial Services Permission number is 220065, and the full FSRA Register is available on the ADGM’s website which can be accessed here https://www.adgm.com/public-registers/fsra.
1.1 Purpose
We offer an automated digital investment management service (the Service). Should you choose to become our Client, we will manage a diversified, continually rebalanced portfolio of securities on your behalf in a very low cost and diversified manner.
When you use our website and mobile application you enter into a series of legally binding agreements. You also agree to our Privacy Policy which covers how we collect, use, share and store your personal information.
1.2 Binding Agreement
When you access our website at [insert website address] and/or our mobile application ("our website", "our App" or "Wahed") as a User, you're agreeing to be bound by the following Terms of Use, and, if you've elected to become a Client, our Client Agreement. Please therefore take the time to read the following binding Terms of Use below.
For the purpose of this Terms of Use, a User is an individual who uses our website or App to evaluate our Service, or for educational purposes and a Client is an individual who signs our Client Agreement that entitles the Client to have her or his investment portfolio managed by Wahed on a discretionary basis and in accordance with an agreed investment mandate. This Terms of Use, as well as the Privacy Policy applies to both Users and Clients.
If you elect to become a Client, you will be subject to these Terms of Use, our Client Agreement, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.
2. Clients
2.1 Eligibility
Wahed is intended solely for individuals who are 18 or older. Any access to or use of Wahed by anyone under 18 is unauthorised, unlicensed, and/or in violation of these Terms of Use. By accessing or using Wahed, you represent and warrant that you are 18 or older, you can form a binding contract with Wahed, you are not a person who is barred from using the Service under the United Arab Emirates laws, the ADGM Laws or any other applicable jurisdiction, you will comply with these Terms of Use Agreement and all applicable local, state, national and international laws, rules, and regulations.
You will keep your username and password safe.
You will not share your account with anyone else.
2.2 Your Access
In order to access certain features of Wahed, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Wahed has physical, electronic and procedural safeguards that comply with ADGM standards to guard Users' and Clients' non-public personal information .
You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Wahed immediately if your password is lost or stolen or if you suspect any unauthorised use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorised such activities or actions.
You agree that the information you provide to us on account registration through our website or App will be true, accurate, current, and complete.
You may not scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) as explained in Section 6.2.
The content of the site is protected by applicable copyright and trademark laws. Unauthorised use or exploitation of such content is strictly prohibited, including without limitation, unauthorised downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the site, or any part thereof, for any purpose.
Wahed cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the site, you acknowledge that Wahed is not responsible for any damages or losses you may suffer due to your electronic transmission of confidential or sensitive details. Please refer to Wahed’s for more information. We may send you communications that you are required to read. You may customise them according to your preferences.
2.3 Alerts, Notifications and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customise, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
3. Disclaimer and Limit of Liability
Wahed cannot be held responsible for any financial insights or recommendations provided to Users. This website is only intended to provide you with general information and is neither considered to be a financial advice, an offer to sell nor a solicitation of an offer to purchase any security and may not rely on investment purposes.
3.1 For a User who is not a Client
You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Wahed cannot be guaranteed and that Wahed cannot be held responsible. All investments entail a risk of loss and that you may lose all your money. Investment management services may be offered to individuals who become clients, at the sole discretion of Wahed. Your election to engage our investment management services are subject to your explicit enrolment and acceptance of the separate Client Agreement and related fee schedule.
You agree and understand that your use of Wahed is for its intended purposes only and it is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Wahed is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Wahed as the primary basis of your investment decisions and, except as otherwise provided for herein, Wahed will not be liable for decisions/ actions you take or authorise third parties to take on your behalf based on information you receive as a User of Wahed or information you otherwise see on our website.
Other sites accessed by hyperlinks appearing in the site may be independently developed by parties other than Wahed. Wahed does not guarantee the accuracy of the information contained in such sites.
Links to other sites should not be taken as Wahed’s endorsement or approval of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive components on or from such sites.
This is our disclaimer of legal liability.
3.2 Disclaimer of Warranties
Your use of Wahed's website, and the personal information you provide is at your sole discretion and risk. Wahed's website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without any representations, warranties or conditions of any kind from Wahed. Whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are now disclaimed by Wahed to the fullest extent permitted by law.
WAHED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO WAHED'S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WAHED DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF WAHED'S WEBSITE, CONTENT AND/OR USER INFORMATION; THAT WAHED'S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; THAT WAHED'S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY WAHED ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Wahed's website, shall create any warranty not expressly stated in this Terms of Use. If you choose to rely on such information, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
These are the limits of legal liability we may have to you.
3.3 Limitation of Liability
IN NO EVENT SHALL WAHED OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WAHED, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH WAHED OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WAHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WAHED'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. AED250.
Every effort has been made to ensure that the website's material is accurate at the time of publication. However, Wahed will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of the use of, or inability to use, or any reliance on, the website, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment.
By accessing the website, you agree to indemnify and hold harmless Wahed and its agents, suppliers and their respective directors, officers, and employees from and against all actions, proceedings, costs, claims, liabilities, damages, and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this website.
4. Termination
Each of us can end this Terms of Use at any time.
You may request termination of your User Account at any time and for any reason by sending an email to globalsupport@wahedinvest.com or through the process specified in the App.
We may terminate or suspend your access to Wahed, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.
Any suspension, termination, or cancellation shall not affect your obligations to Wahed under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
5. Dispute Resolution
You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the ADGM excluding that body of law pertaining to conflict of laws.
Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts of the ADGM, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
6. Wahed "Dos" and "Don'ts"
Wahed grants you a license to use our website and App so long as you comply with all our rules.
6.1 Dos.
You agree you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us, whether reported directly or through a third party who you authorise, and keep it updated;
Use the services solely for your personal, non-commercial use;
Use your real name on your profile and keep your password confidential; and
Use the Services in a professional manner.
6.2 Don'ts.
You agree you won't:
Circumvent, disable, or otherwise interfere with security-related features of Wahed or features that prevent or restrict use or copying of any content or User information.
Upload, email, transmit, provide, or otherwise make available:
any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Wahed; or
any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Wahed; or
any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information.
Use any meta tags or other hidden text or metadata utilising a Wahed name, trademark, URL or product name.
Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Wahed to send altered, deceptive, or false source- identifying information.
Interfere with or disrupt (or attempt to interfere with or disrupt) any Wahed web page, server, or network, or the technical delivery systems of Wahed's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Wahed.
Attempt to probe, scan, or test the vulnerability of any Wahed system or network or breach or impair or circumvent any security or authentication measures protecting Wahed.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Wahed.
Attempt to access, search, or meta-search Wahed or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Wahed or other generally available third- party web browsers, including without limitation any software that sends queries to Wahed to determine how a website or web page ranks.
Violate the terms of service or any other rule or agreement applicable to you or Wahed's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service.
Collect or store personal information about other users without their express permission.
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud.
Solicit any User for any investment or other commercial or promotional transaction.
Violate any applicable law and regulation.
Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
Copy or use the information, content or data on Wahed in connection with a competitive service (as determined by Wahed).
Monitor Wahed's availability, performance or functionality for any competitive purposes.
Use Wahed or content thereon in any manner not permitted by these Terms of Use
Copyrighted Materials.
If you become aware of misuse of Wahed or content thereon by any person, please contact Wahed to report any abuse. Wahed has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders.
7. Account Information from Third Party Sites
Users may link their accounts with third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions and direct Wahed to retrieve and display information from these accounts (“Account Information”). Wahed works with one or more third-party service providers to access this Account Information. By linking these accounts or directing Wahed to retrieve your third-party Account Information, you are consenting to the processing of your Account Information, and other personal information you provide that is needed to retrieve your Account Information, such as credentials, by Wahed and such service provider(s) in connection with providing this service in accordance with our Privacy Policy and as permitted by law, and, if you’ve elected to become a Client, you are consenting to the use of your Account Information by Wahed and its affiliates in connection with the management of your Wahed account. Wahed does not review the Account Information for accuracy, legality or non-infringement. Wahed is not responsible for the Account Information or products and services offered by or on third-party sites.
Wahed cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. Wahed cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings. Displayed Account Information is only as fresh as the time shown, which reflects when the information was obtained from third-party sources.
8. General Terms
Some other important details about the Terms of Use:
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Terms of Use (by operation of law or otherwise) without the prior written consent of Wahed, and any prohibited assignment will be null and void.
Wahed may assign this Terms of Use or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Use, Client Agreement, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.
We may make changes to this Terms of Use and the Service from time to time. We may do this for various reasons, including to reflect changes in or requirements of the applicable law, new features, or changes in business practices.
The latest version of this Terms of Use will be posted on the website under Terms of Use, and you should regularly check for the latest version. The newest version is the version that applies. If you continue to use the Service after the changes become effective, you agree to the revised Terms of Use. You agree that this Terms of Use shall supersede any prior agreements (except as specifically stated herein) and shall govern your entire relationship with Wahed, including but not limited to events, agreements, and conduct preceding your acceptance of this Terms of USe. We reserve the right to change this Terms of Use by posting a revised Terms of Use and we agree that changes cannot be retroactive. If you don't agree with these changes, you must stop using Wahed.
You agree the only way to provide us legal notice is at the address provided in Section 10.3.
9. International Use
Wahed makes no representation that Wahed is appropriate or available for use outside the ADGM. Similarly, we make no representations that accessing Wahed from locations outside the ADGM is legal or permissible by local law. If you access Wahed from areas outside of the ADGM, you do so at your own risk and are yourself responsible for compliance with local laws.
10. Miscellaneous
10.1 Integration & Severability
This Terms of Use is the entire agreement between you and us with respect to Wahed, and your use of our website and App, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Investment recommendations are made to Clients on an individual basis and may differ based on specific circumstances.
10.2 Advice may differ
We and our personnel may make recommendations and take action for Clients that may differ from the recommendations we give to you or the action we take on your behalf.
In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.
Any notice or communication will be in writing by email.
10.3 Communication
You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Wahed's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Wahed. These Terms of Use together with Wahed's Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between Wahed and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) Wahed via email (in each case to the address that you provide), or (b) you via email to globalsupport@wahedinvest.com or to such other addresses as Wahed may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
We welcome your feedback!
10.4 Feedback
Your feedback is welcome and encouraged. You may submit feedback by emailing us at globalsupport@wahedinvest.com. You agree, however, that (i) by submitting unsolicited ideas to Wahed or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Wahed. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Wahed together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
10.5 Questions
This document constitutes Wahed's complete Terms of Use for Wahed and related services.
If you have questions about these Terms of Use or about Wahed or content thereon, please contact Wahed at globalsupport@wahedinvest.com .
11. Severance
No consent or waiver by either party, or of any breach or default by, the other party in its performance of its obligations under this Terms of Use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
If any provision of these terms and conditions is unlawful, void, or for any reason is unenforceable. That provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
12. Cookie Policy
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
We do not share the information collected by the cookies with any third parties.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Disclaimer
Effective March 1, 2023
Wahed Invest Limited is regulated by ADGM’s Financial Services Regulatory Authority (FSRA) as an Islamic Finance Business with Financial Services Permission for Shari’a-compliant Regulated Activities for Managing Assets and Arranging Custody holding ADGM registered number 000004971 and having Financial Services Permission number as 220065
Our registered address is:
Cloud Suite 213, 15th floor, Al Sarab Tower,
Abu Dhabi Global Market Square,
Al Maryah Island, Abu Dhabi,
United Arab Emirates
This information has been published by Wahed Invest Limited. This information is not intended to constitute financial advice, a personal recommendation or an offer or agreement to buy or sell investments. Whilst we have taken all reasonable care to ensure that the information contained in this website and our client agreement is not untrue or misleading at the time of publication, we cannot guarantee its accuracy or completeness and such information may be subject to change without notice. Investors should not act on it without first independently verifying its contents. If contemplating an investment or investment service, customers should seek independent advice or make his/her own decisions as to the suitability of the investment or service. Investments in financial products are high risk and are not suitable for every investor. Our investment portfolios are composite investment portfolios made up of stocks, sukuk, and Exchange Traded Funds (ETFs). Investments in stocks, sukuk, and ETFs may decline in value, potentially meaning that you may lose all or get back less than what you invested.
By using this website or our App, you accept our Terms of Use and Privacy Policy.
Investing in financial products carries risks. Past performance of the portfolio investments or the Financial Markets is not necessarily indicative of their future performance. The prediction, projection, or forecast on the economy, securities markets, or the economic trends of the markets tracked by the portfolio investments are not necessarily indicative of the future or likely performance of the portfolio investments. An investment in the Wahed portfolio investments is subject to investment risks, including the possible loss of the principal invested. Investments in the Wahed portfolio investments are not deposits nor obligations of, nor guaranteed nor insured by Wahed Invest or any entity.
Read carefully and accept the Client Agreement and related Terms and Conditions with specific attention to the risk disclosures section.
Conflict of Interest Policy
1. Introduction
A conflict of interest exists where we or our senior managers or employees:
· are likely to make a financial gain, or to avoid a financial loss, at the expense of a client
· have an interest in the outcome of a service provided to a client or of a transaction carried out on behalf of client, which is distinct from the client’s interest in that outcome
· have a financial or other incentive to favour the interest of one client of the interests of (an)other client(s); or
· receive or will receive from a third party an inducement in relation to a service provided to a client, in the form of monies, goods or services, other than the standard commission or fee for that service.
We must keep and regularly update a record of the kinds of service or activity carried out by us or on our behalf in which a conflict of interest entailing a material risk of damage to the interests of one or more clients has arisen or, in the case of an ongoing service or activity, may arise.
2. Conflict of Interest management procedures
It is inevitable that conflicts of interest may arise from time to time. When they do, we are required to manage them to ensure that all clients are fairly treated and that they are not prejudiced by such interest.
Where we are aware that a conflict of interest exists, we will, where possible, manage that interest by:
· implementing internal controls systems to prevent dealing staff from becoming aware of the existence of a conflict (so called “Information Barriers”)
· having code of ethics or conduct procedures for employees in place (see gift policy, outside business interest policy, independence requirements), all employees are required to complete and return the relevant declarations within 7 days of joining us and update this information thereafter annually
· having internal conflict of interest reporting procedures in place
· disclosing (potential) Conflicts of Interest to the client in writing (conflict of interest policy, client agreement, notification letters, etc); or
· Maintaining a conflicts of interest register
· if none of the above is effective, declining to act for a client.
3. Conflict of Interest reporting procedure
The Compliance Officer acts as the central co-ordination point in relation to conflicts of interest.
Accordingly, any actual or potential conflict of interest whether it arises at the commencement of a client relationship or at some other time, should be reported to the Compliance Officer. In relation to any such conflicts the following information should be provided (as far as possible):
· names of the clients or clients concerned
· nature of the conflict
· whether the conflict is deemed to be an actual conflict or a potential conflict; and
· names of the individuals best placed to resolve the conflict.
Upon receipt of a conflict-of-interest notification the Compliance Officer will assess the conflict to determine whether it is:
· a perceived rather than actual conflict and one in relation to which no further action is required
· a conflict which does not have commercial implications for We and in relation to which the Compliance Officer is the appropriate individual to resolve.
4. Conflicts disclosure
If the arrangements to manage conflicts of interest are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of a client will be prevented, we must clearly disclose the general nature and/or sources of conflicts of interest to the client before undertaking business for the client. The disclosure must:
· be made in a durable medium; and
· include sufficient detail, considering the nature of the client, to enable that client to take an informed decision with respect to the service in the context of which the conflict of interest arises.
5. Conflicts monitoring
Conflicts of Interest which are of an on-going nature will be reviewed by the Compliance Officer as part of their on-going monitoring responsibilities.
Privacy Statement
This Privacy Statement explains in a simple and transparent way how Wahed Invest Limited (in this Privacy Statement, the “Firm”, “us”, “we” and “our”) collects, uses and discloses your personal data, and your rights in relation to the personal data it holds. Our approach can be summarized as: the right people use the right data for the right purpose.
We are the data controller of your personal data and are subject to the ADGM Data Protection Regulation 2021 (hereafter referred to as the “Data Protection Regulations”).
This Privacy Statement supersedes any previous Privacy Statement or equivalent which you may have been provided with or seen prior to the effective date stated above.
1. Scope of this Privacy Statement
This Privacy Statement applies to the following individuals (“you”):
• Our past, present and prospective customers;
• Anyone involved in any transaction or interaction with us, whether it is in your personal capacity or as a representative of a legal entity (for example, director, a company manager, agent, legal representative, operational staff, other authorized representative, etc.); and
• Our employees, advisors, consultants or secondees.
2. How do we obtain your personal data?
We obtain your personal data as follows:
• From the information you provide to us when you meet or interact with us;
• From information about you provided to us by your company or an authorized intermediary;
• When you communicate with us by telephone, fax, email or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;
• When you complete (or we complete on your behalf) client on-boarding or application or other forms;
• From your agents, advisers, intermediaries, and custodians of your assets; or
• From publicly available sources or from third parties, most commonly where we need to conduct background checks about you.
3. What types of personal data do we process?
We collect the following categories of personal data about you:
• Your name and contact information such as your home or business address, email address, telephone number and social media contact details;
• Biographical information which may confirm your identity including your date and place of birth, tax identification number, national insurance number, your passport number or national identity card and visa details, country of domicile and/or your nationality;
• Information relating to your financial situation such as income, expenditure, assets and liabilities, sources of wealth, as well as your bank account details;
• Information about your knowledge and experience in the investment field;
• An understanding of your goals and objectives in procuring our services;
• Information about your employment, education, family or personal circumstances, and interests, where relevant;
• Know our customer data as part of customer due diligence and to prevent fraudulent conduct or behavior that contravenes sanctions and to comply with regulations against money laundering, terrorist financing and tax fraud; and
• Where applicable and legally permissible audio-visual data such as surveillance videos, recording of phone or video calls or chats with our employees or offices. We can use these recordings to verify telephone orders, for fraud prevention or staff training purposes.
Special categories of personal data is data relating to your health, ethnicity, religious and political beliefs, genetic or biometric data, or criminal data.
We may process your special categories of personal data if:
• We have your explicit consent to do so; or
• We are required or allowed to do so by applicable local law (for instance to comply with money laundering and terrorism financing monitoring: we monitor your activity and may report it to the competent regulatory authorities).
4. What do we do with your personal data?
Processing means every activity that can be carried out in connection with personal data such as collecting, recording, storing, adjusting, organizing, using, disclosing, transferring or deleting it in accordance with applicable laws.
We only use your personal data under one of the following legal grounds:
• To conclude and carry out a contract with you;
• To comply with our legal obligations;
• For our legitimate business interests. This data processing may be necessary to maintain good commercial relations with all our customers and other concerned parties. We may also process your data to prevent and combat fraud and to maintain the security of your transactions and of the operations made by us;
• When we have your consent. In this case, you may withdraw your consent at any time.
We may process your data for the following purposes:
Administration
For example, when you wish to become our customer we are legally obliged to collect personal data that verifies your identity (such as a copy of your ID card or passport) and to assess whether we can accept you as a customer. We also need to know your postal, e-mail address or phone number to contact you.
Performance of agreement to which you are a party or taking steps prior to entering into agreements
We use information about you when you enter into an agreement with us or when we have to contact you. We analyze information about you to assess whether you are eligible for our products and services.
Relationship management and marketing
We may ask you for feedback about our products and services, or record your conversations with us online, by telephone or in our office. We may share this with certain members of our staff to improve our offering or to customize products and services for you. If you don’t wish to receive these offers you have the right to object or to withdraw your consent by sending an email or telephoning us (see section “Our Contact Details” below).
Safety and security
We have a duty to protect your personal data and to prevent, detect and contain any breaches of your data. This includes personal data we are obliged to collect about you, for example to verify your identity when you become a customer. Furthermore, we not only want to protect you against fraud and cybercrime, we have also a duty to ensure the security and integrity of ourselves and the financial system as a whole by combatting crimes like money laundering, terrorism financing and tax fraud.
Compliance with legal obligations to which we are subject
We process your data to comply with a range of legal obligations and statutory requirements.
5. With whom do we share your personal data and for which reasons?
To provide you with our services, we share certain data within our corporate group or externally with third parties.
Whenever we share your personal data externally with third parties in countries without a deemed adequate level of protection for personal data, we ensure the necessary safeguards are in place to protect it. We rely hereby upon, amongst others:
• The conclusion or the execution of an agreement, a transaction or a third-party transaction in your favor;
• Requirements based on applicable local laws and regulations;
• When applicable, we use standardized contractual clauses in agreement with service providers to ensure personal data transferred to countries without an adequate level of protection for personal data comply with the ADGM Data Protection Regulations or GDPR, as applicable.
• Data transfer that are necessary for reasons of public interest;
• Your explicit consent;
• International treaties that protects personal data transferred to certain service providers abroad.
To comply with our regulatory obligations, we may disclose personal data to the relevant government, supervisory and judicial authorities such as:
• Public authorities, regulators and supervisory bodies such as the financial sector supervisors in the countries in which we operate.
• Tax authorities may require us to report customer assets or other personal data such as your name and contact details and other information about your organization. For this purpose, we may process your identification data such as your tax identification number or any other national identifier in accordance with applicable local law.
• Judicial/investigative authorities such as the police, public prosecutors, courts and arbitration/mediation bodies on their express and legitimate request.
To process certain financial services, we may have to share information about you and your organization with a bank or specialized financial company. We also share information with financial sector specialists, who assist us with financial services, for instance, in the following cases:
• Exchanging secure financial transaction messages;
• Payments and credit transactions worldwide;
• Processing electronic transactions worldwide;
• Settling domestic and cross-border security transactions and payment transactions; or
• Other financial services organization including stockbrokers, custodians, fund managers, fund administrators and portfolio service providers.
When we use other service providers or third parties to carry out certain activities in the normal course of business, we may have to share personal data required for a particular task. The service providers include:
• IT service providers who may provide application or infrastructure (such as cloud) services;
• Marketing activities or events and managing customer communications;
• Preparing reports and statistics, printing materials and designing products;
• Placing advertisements on apps, websites and social media;
• Legal, auditing or other special services provided by lawyers, notaries, trustees, company auditors or other professional advisors;
• Identifying, investigating or preventing fraud or other misconduct by specialized companies.
6. What are your rights and how do we respect them?
We respect your individual rights to determine how your personal data is used. These rights include:
Right to access information
You have the right to ask us for an overview of your personal data that we process.
Right of rectification
If your personal data is incorrect, you have the right to request us to rectify it. If we shared data about you with a third party and that data is later corrected, we will also notify that party accordingly.
Right to object processing
You can object us using your personal data for our own legitimate interests (for example, marketing). We will consider your objection and stop processing your data unless we assess that we have legitimate and imperious reasons that justify processing your data.
You can also object to receiving commercial messages from us (by e-mail, mail and phone) or for statistical purposes. When you become our customer, we may ask you whether you want to receive personalized offers. Should you later change your mind, you can choose to opt out of receiving these messages by sending an email to us (see section “Our contact details” below).
Right to restrict processing
You have the right to ask us to restrict using your personal data for the period necessary to us for our verifications if:
• You believe the information is inaccurate;
• we are processing your personal data unlawfully;
• you have objected to us processing your personal data for our own legitimate interests;
• you have the same right if we no longer need your personal data, but you want us to keep it for use in a legal claim.
Right to data portability
You have the right to ask us to transfer some of your personal data directly to you or to another company. This applies to personal data we process by electronic means and with your consent or because of a contract with you. Where technically feasible, we will transfer your personal data.
Right to erasure (also known as right to be forgotten)
Unless required by law, you may ask us to erase your personal data if:
• We no longer need it for its original purpose;
• You withdraw your consent for processing it;
• You object to us processing your data for our own legitimate interests (except for legitimate and compelling interests) or for commercial messages; or
• We unlawfully process your personal data.
Right to complain
Should you not be satisfied with the way we have responded to your concerns you have the right to submit a complaint to us. If you are still unhappy with our reaction to your complaint, you can escalate it to our Compliance Department. You can also contact the ADGM Office of Data Protection https://www.adgm.com/operating-in-adgm/office-of-data-protection/for-individuals
Exercising your rights
You can also exercise your rights by contacting us (see section “Our contact details” below).
We aim to respond to your request as quickly as possible. In some instances, this could take up to one month. Should we require more time to complete your request, we will let you know how much longer we need and provide reasons for the delay. In certain legal cases, we may deny your request. If it’s legally permitted, we will let you know in due course why we denied it.
7. Are you obliged to provide us with your personal data?
In some cases, we are legally required to collect personal data, or your personal data may be needed before we may perform certain services and provide certain products. We undertake to request only the personal data that is strictly necessary for the relevant purpose. Failure to provide the necessary personal data may cause delays or lead to refusal of certain products and services.
8. How do we protect your personal data?
We take appropriate technical and organizational measures (policies, procedures, IT security, etc.) to ensure the confidentiality and integrity of your personal data and the way it’s processed. We apply an internal framework of policies and minimum standards across our business to keep your personal data safe. These policies and standards are periodically updated to keep them up to date with regulations and market developments.
In addition, our employees are subject to confidentiality obligations and may not disclose your personal data unlawfully or unnecessarily. To help us continue to protect your personal data, you should always contact us if you suspect that your personal data may have been compromised.
9. How long do we keep your personal data?
We will only retain your personal data for as long as we have a lawful reason to do so. In particular:
• Where we have collected your personal data as required by anti-money laundering legislation, including for identification, screening and reporting, we will retain that personal data for six years after the termination of our relationship, unless we are required to retain this information by another law or for the purposes of court proceedings; or
• Otherwise, we will in most cases retain your personal data for a period of ten years after the termination of our contractual or other relationship with you in case any claims arise out of the provision of our services to you.
When your personal data is no longer necessary for a process or activity for which it was originally collected, we delete it, or bundle data at a certain abstraction level, render it anonymous and dispose it in accordance with the applicable laws and regulations.
10. Changes to this Privacy Statement
We may amend this Privacy Statement to remain compliant with any changes in law or to reflect how our business processes personal data. This version was created and published at the end of December 31, 2022 and enters into force on December 31, 2022. The most recent version is available on our website.
11. Our contact details
You can address your queries regarding this Privacy Statement to:
Compliance Officer, Wahed
Cloud Suite 213, 15th floor, Al Sarab Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates
FSRA ADGM
Need help? Have feedback? Feel free to contact us at globalsupport@wahedinvest.com
Wahed Invest Limited is regulated by the Financial Services Regulatory Authority (“FSRA”) in the Abu Dhabi Global Markets (“ADGM”) and holds a Category 3C license for conducting Shariah Compliant Regulated activities of Managing assets and Arranging custody.
Investing in financial products carries risks. Past performance of the portfolio investments or the Financial Markets is not necessarily indicative of their future performance. The prediction, projection, or forecast on the economy, securities markets, or the economic trends of the markets tracked by the portfolio investments are not necessarily indicative of the future or likely performance of the portfolio investments.
An investment in the Wahed portfolio investments is subject to investment risks, including the possible loss of the principal invested. Investments in the Wahed portfolio investments are not deposits nor obligations of, nor guaranteed nor insured by Wahed Invest or any entity.
Past results of any trading system published by Wahed Invest Limited, through the website or otherwise, are not indicative of future returns by that system, and are not indicative of future returns which will be realised by you. Wahed Invest Limited assumes no responsibility for liability for your trading and investment results. Please visit wahed.com for full terms and conditions.
Wahed Invest Limited, Cloud Suite 213, Al Sarab Tower, 15th floor ADGM Square, Al Maryah Island, Abu Dhabi, UAE
Referral Program
Wahed Invest Limited (“Wahed”) Referral Program Promotion (the “Promotion”) Terms and Conditions:
Subject to these Terms and Conditions as a customer you and your referral will be eligible to receive a Referral Bonus.
This offer is valid only for new, individual accounts with Wahed. Please send invites only to people you know personally who will be glad to get them. Wahed will send one formal invitation email and up to two reminders to each friend you refer including disclosure that you have recommended them to become a new Wahed client. To qualify for the promotional account bonus, referred friends must open a Wahed account using their designated referral code from your invitation, and fund the account within 20 days of receiving the invitation (a “Qualifying New Account''). Your participation in the referral program is subject to the following terms and conditions:
Your efforts in soliciting clients on behalf of Wahed will be limited to invitations made to individuals who are known personally to you by electronically sending such individuals a referral invitation. For each Qualifying New Account Wahed will deposit $25 bonus funds into your referral portfolio of Wahed account, and Wahed will also deposit $25 of bonus funds into your referee's referral portfolio Wahed account.
Wahed is not responsible for incorrect entry or other failure on the part of your referee in creating a Qualifying New Account or complying with any other requirement for Wahed account holders.
This promotion is not valid with any other offers and is non-transferable. This promotion may not be combined with other referral programs offered by Wahed. Wahed reserves the right to:
- Change or terminate this offer at any time, without notice.
- To limit the amount of account bonuses you are eligible to receive.
- To refuse or recover any promotion award if Wahed determines that it was obtained under fraudulent circumstances, that inaccurate or incomplete information was provided by a client, or that any terms of the Client Investment Agreement have been violated.
- Modify or amend these terms and conditions at any time and without notice.
- To audit all offers to ensure that the terms and conditions of the Promotion have been met and to request additional information regarding any and all claims and supporting documents.
- Decisions regarding all aspects of the Promotion will be final and binding.
By participating in the Wahed referral program you agree that your participation will conform to the terms and conditions specified herein. If you are currently participating in the Wahed program and the preceding representations become inaccurate, you agree to immediately inform Wahed at globalsupport@wahed.com.
Furthermore, you hereby agree that Wahed will have no liability for any cost, expenses or damages caused by your participation in the referral program and that you will indemnify and hold Wahed harmless against any claim, action, liability, loss, injury, or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the promotion. Wahed is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.
User receiving the invite - Referee Disclosure:
This offer is valid for new individual accounts with Wahed Invest Limited (“Wahed''). The referrer who sent you this invitation is a Wahed client and has done so through Wahed’s referral program. Your friend’s referral does not constitute an endorsement of Wahed or a statement of satisfaction with the services provided by Wahed. If you qualify, Wahed will deposit $25 of bonus funds into your Wahed account by the end of the following month of your account being active and funded with at least $500, net of any transaction fees (which are not imposed by Wahed). Wahed will also deposit $25 of bonus funds into the referrer’s account after your account has been active and funded. In order for you to qualify for the promotional account bonus, you must fund an account with at least $500, net of transaction fees (which are not imposed by Wahed) within 20 days of receiving the invite. Wahed is not responsible for incorrect entry or other failure on your part to meet the requirements for qualifying for the promotional account bonus. This promotion is not valid with any other offers and is non-transferable. Wahed reserves the right to terminate this offer at any time and to refuse or recover any promotional account bonus if Wahed determines that it was obtained under fraudulent circumstances, that inaccurate or incomplete information was provided in opening the account, or that any terms of the client investment agreement have been violated.
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