DIFC Courts

1. Agreement

1.1 The Dubai International Financial Centre Courts (collectively referred to in these Terms of Use as "DIFC Courts", “DIFCC”, "we", "us", "our"), is a Financial Free Zone established under Dubai Law No. 12 of 2004 (as amended by Dubai Law No. 16 of 2011), in the Emirate of Dubai, United Arab Emirates. A reference to the DIFC Courts in these Terms of Use, includes where appropriate, a reference to the Dubai International Financial Centre Courts and their affiliates.

1.2 The DIFC Courts owns and operates the internet websites at difccourts.ae, eregistry.difccourts.ae, registrations.difccourts.ae, videoclient.difccourts.ae, eSign.difccourts.ae and courtsofthefuture.org (the "Website"). By accessing and using the Website, you are expressly consenting to these Terms of Use that are effective as of the date and time you use or access the Website (the "Terms"). Please read these Terms carefully before accessing or using the information and services available through this Website.

1.3 These Terms will constitute a legal agreement between "you" (the user of the Website) and the DIFC Courts. If you do not agree to, or cannot comply with the Terms, please kindly refrain from using the Website.

1.4 These Terms may be modified or revised at any time without notice. By using this Website, you are agreeing to be bound by the then current version of the Terms. If you do not agree with any of the Terms or any change to the Terms, then you must immediately stop using the Website.

2. Use of Website Content

2.1 All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, "Website Content") is provided to you as a service to allow you and other users to browse the Website Content.

2.2 Except as provided otherwise in Clauses 3, you are only permitted to access and use the Website for your personal, non-commercial purposes, and you must not:

(a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;

(b) use the Website in violation of any applicable law or regulation;

(c) use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of DIFC Courts or others or violate the privacy, publicity or other personal rights of others;

(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;

(e) access data not intended for you or logging into a server or account which you are not authorised to access;

(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

(g) copy or adapt the code created to generate any Website Content or the pages making up the Website;

(h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with DIFC Courts or any other person or entity;

(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;

(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or

(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

2.3 You may download or copy the Website Content only for your own personal, non-commercial use, provided that you maintain and include all copyright and other notices contained in such Website Content. You shall not store electronically any portion of the Website Content. You may not copy, store, redistribute or publish any Website Content without the express written permission of DIFC Courts or the owners of the Website Content (as the case may be). Any unauthorized use or reproduction of the Website Content is strictly prohibited.

2.4 DIFC Courts is not responsible for any Website Content posted on the Website and reserves the right to change or remove any content it sees fit.

3. eRegistry Terms & Conditions

3.1 You acknowledge that:

(a) you are responsible for the claim filed in the DIFC Courts and satisfy yourself about the accuracy of any and all Details provided in the claim form;

(b) you are responsible for instructing a legal representative or obtaining legal advice before filing a claim or during the case progression;

(c) you are responsible for ensuring that you act in good faith towards the DIFC Courts

(d) you warrant that all information provided by you in the registration form for practitioners is true and accurate.

4. Privacy Policy

4.1 The DIFC Free Zone has its own data protection law, Data Protection Law

Data Protection Law, DIFC Law No. 5 of 2020 (the “DP Law”), and may for certain types of personal data processing, be subject to laws from other jurisdictions. As such, it is the policy of the DIFC Courts to respect the privacy of our Website. Whenever and wherever possible, DIFC Courts will treat the information you provide with utmost care and confidentiality, in accordance with the DP Law and any applicable laws.

5. Cookies Policy

A cookie is a small text file that is unique to the web browser on your computer or mobile device, which is used to retain user preferences, and enhance browsing experience ("Cookie"). DIFC Courts uses Cookies to track overall site usage and enables us to provide a better user experience.

6. External Links

The Websites may contain links to other websites on the Internet that are owned and operated by third parties (the "External Sites"). These links are provided solely as a convenience to you and not as an endorsement by DIFC Courts of the contents on such External Sites. You acknowledge that DIFC Courts is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party websites, you do so at your own risk. DIFC Courts 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 the Website or App.

7. Intellectual Property

Except as otherwise expressly stated, DIFC Courts owns or is an approved licensee to the copyright and all other intellectual property contained in the Website and the Website Content, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to DIFC Courts, unless otherwise noted. The Marks on the Website and/or App are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior written authorization of DIFC Courts, except for the sole purpose of identifying the products or services originating from the DIFC Courts.

8. Indemnity

You agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: your use of this Website (including, by third parties); your breach of these Terms or any other terms referenced herein your violation of any law or the rights of a third party.

"Indemnified Parties" means the DIFC Courts, its affiliates and their respective officers, directors, owners, agents, employees, information providers and copyright owners.

9. Termination of Service

DIFC Courts reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website and/or App at any time for any reason without prior notice or liability. DIFC Courts may change, suspend or discontinue all or any aspect of the Website and/or App at any time, including the availability of any feature, database, Website Content, or App Content without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to these Terms. Except as otherwise expressly stated in these Terms, DIFC Courts shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

10. Disclaimers of Warranties & Limitation of Liability

10.1 The Website Content (save where it pertains to Rules, Procedures and Policies) is provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice. The DIFC Courts make no warranties or representations to you as to the accuracy, authenticity or completeness of the content on the Website, which is subject to change at any time without notice.

10.2 The Website Content is provided on an "AS-IS", “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. DIFC Courts expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

10.3 DIFC Courts and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in any way connected with, the use or inability to use the Website or inability to file a claim or register a will or any other legal theory, and whether or not DIFC Courts is advised of the possibility of such damages.

10.4 Without limiting the above Clause 10.3, DIFC Courts does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with anyone in any way.

10.5 The material appearing on our Website may include technical, typographical or photographic errors. DIFC Courts does not represent, warrant or endorse that any of the Website Content is accurate, complete, reliable or current. DIFC Courts may make changes to the materials contained on the Website and/or App at any time without notice. You acknowledge that any reliance upon such Website Content and/or App Content shall be at your sole risk.

10.6 DIFC Courts is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

10.7 Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favouring by DIFC Courts. The views and opinions of document authors do not necessarily state or reflect those of DIFC Courts or any of its affiliates.

11. General

11.1 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.

11.2 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

11.3 These Terms as well as your access to the Website is subject to and governed by the laws of the DIFC Free Zone in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the DIFC Courts.

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