DIFC Terms of Use
1. Agreement
1.1 The Dubai International Financial Centre (collectively referred to in these Terms of Use
as
"DIFC",
"we",
"us",
"our"), is a Financial Free Zone
established under Dubai Law No. 9
of 2004, in the Emirate of Dubai, United Arab Emirates. A reference
to the
DIFC in these Terms
of Use, includes where appropriate, a reference to the Dubai International
Financial
Centre
Authority, DIFC Investments LTD and their affiliates.
1.2 The DIFC owns and operates the internet websites at
difc.ae,
fintechhive.difc.ae,
properties.difc.ae, retailportal.difc.ae, portal.difc.ae, academy.difc.ae,
talent.difc.ae and
venuebooking.difc.ae (the
"Website" or “Websites”). 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.
1.4 The DIFC also owns and operates the mobile application DIFC Connect (the “
App”). By
downloading or streaming a copy of the
App onto your
mobile telephone or handheld device
(“
Device”), you are expressly consenting to these Terms of Use that are effective as of the
date
and time you use or access the App. Please read these Terms carefully before accessing or using
the information and services available through this App.
1.5 These Terms will constitute a legal agreement between "you" (the user of the Website) and
the DIFC. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from
using the Website.
1.6 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.
1.7 The Property Website referred to in Clause 3, Retail Portal referred to in Clause 4 and App
referred to in Clause 5 are subject to additional terms conditions. By using the Property Website,
the Retail Portal and/or App, or the DIFC Talent Network, you agree to be bound by these
Terms,
including the additional terms set out in Clause 3, Clause 4 and Clause 5.
1.8 Advertisers providing content for the Website are also subject to additional terms and
conditions. Advertisers providing content for the Website agree to be bound by these Terms,
including the additional terms set out in Clause 6.
1.9 Please refer to our Privacy Policy in Clause 8 and Cookies Policy in Clause 9 for information
about how we use your data.
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, 4 and 5, 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 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 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 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 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. Property Website Terms & Conditions
3.1 The DIFC owns and operates the Internet website at www.properties.difc.ae (the
"Property
Website") on which we provide information relating to property for sale and lease, located
within the geographical boundaries of the DIFC (the
"Properties").
3.2 By accessing and using the Property Website, you are expressly consenting to the Terms,
including
the terms and conditions outlined in this section on the Property Website that are
effective as of the
date
and time you use or access the Property Website. Please read the Terms
carefully before accessing or
using
the information and services available through the Property
Website.
3.3 We are not a real estate agency and we provide a service whereby owners of the Property
(
"Owners") (including the DIFC) and their Agents (as defined below), may market the
Property, which you may view, together with other content hosted and developed by us. Owners
and
their Agents are responsible for preparing the Property Website Content related to Properties
(
"Property Details") and fielding enquiries directly from you. The DIFC does not get
involved
in any communications between you, the Owners and their Agents and does not participate in
any
part of the transaction, unless it is a Property owned or managed by the DIFC.
"Agent" means a person or entity authorized to act for and on behalf of the Owner, and can bind
the Owner.
For Users of the Property Website
3.4 Property Details are hosted by the DIFC in good faith and we do not verify material produced
by
Owners and their Agents. You are responsible for making your own enquiries and we provide
no guarantee
and
accept no responsibility for the accuracy or completeness of any information
contained within the
Property
Details.
3.5 You acknowledge that:
(a) you are responsible for checking, confirming and satisfying yourself about the accuracy of
any
and all Property Details;
(b) you are responsible for instructing a surveyor and obtaining legal advice before committing
to
any purchase; and
(c) you are responsible for ensuring that you act in good faith towards any other parties.
For Owners and their Agents
3.6 Owners and their Agents who post Website Content on to the Property Website;
(a) grant DIFC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
right to commercialise, use, copy, reproduce, distribute, license to other persons, perform,
display or modify and adapt the Website Content you generate or submit for any purpose;
(b) warrant that they are the holder of the rights in the Website Content that they post and are
authorised to make the Website Content available;
(c) permit any other user of the Property Website to access, display, view, store and reproduce
such
Website Content;
(d) will only list Properties on the Property Website which are currently available for purchase or
lease within the DIFC and ensure that any particular Property is only listed once;
(e) warrant that they will, within 72 hours of a sale or leasing contract being entered into for a
Property, remove that Property from the Property Website;
(f) ensure that no other person, authorised or otherwise makes use of their access to the Property
Website in breach of these Property Terms;
(g) ensure that the Website Content they post is not unlawful or posted for an improper purpose,
including information that is defamatory, misleading or deceptive, in breach of copyright or
would otherwise expose the DIFC to any liability, legal proceedings or other sanctions;
(h) ensure that they do not make, arrange, or authorise the insertion of any reference to the DIFC,
the Property Website or the Website in any document (including promotional or merchandising
material) or any other website, without the DIFC’s prior written consent;
(i) acknowledge that the DIFC is under no obligation to monitor or censor the material that
appears
on the Property Website (whether generated by you or others), however the DIFC
reserves the right to
do so
and may penalise content which it deems unfit;
(j) acknowledge the disclaimers and limitation of liability contained in Clause 12;
(k) acknowledge that they are responsible for the security and integrity of their data and that the
DIFC is not responsible for any errors or omissions in any Website Content that they provide or
that is provided on their behalf;
(l) warrant that they will comply with all applicable laws, rules and regulations; and
(m) agree to comply with all reasonable instructions of DIFC and all relevant laws in relation to
their use of the Property Website.
4. Retail Portal Terms & Conditions
4.1 The DIFC owns and operates the Internet website a
t
retailportal.difc.ae (the
"Retail Portal")
on which we provide information
relating to
Active Registered retailers, located within the
geographical boundaries of the DIFC.
4.2 By accessing and using the Retail Portal, you are expressly consenting to the Terms,
including
the terms and conditions outlined in this section on the Retail Portal that are effective
as of the
date and
time you use or access the Retail Portal. Please read the Terms carefully before
accessing or using
the
information and services available through the Retail Portal.
4.3 Retailers are responsible for preparing the Retail Portal Content related to their Retail outlet
(
"Retail Details").
4.4 Retailers acknowledge that, you are responsible for checking, confirming and satisfying
yourself
about the accuracy of any and all information on the Retail Portal;
4.5 Retail Details are hosted by the DIFC in good faith and we may not verify all material
produced
by Retailers. Retailers are responsible for the information shown and we provide no
guarantee and
accept no
responsibility for the accuracy or completeness of any information
contained within the Retail Portal.
For Retailers
4.6 Retailers who post Website Content on to the Retail Portal;
(a) grant DIFC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
right to commercialise, use, copy, reproduce, distribute, license to other persons, perform,
display or modify and adapt the Website Content you generate or submit for any purpose;
(b) warrant that they are the holder of the rights in the Website Content that they post and are
authorised to make the Website Content available;
(c) ensure that no other person, authorised or otherwise makes use of their access to the Retail
Portal in breach of these Retail Portal Terms;
(d) ensure that the Website Content they post is not unlawful or posted for an improper purpose,
including information that is defamatory, misleading or deceptive, in breach of copyright or
would otherwise expose the DIFC to any liability, legal proceedings or other sanctions;
(e) acknowledge that the DIFC is under no obligation to monitor or censor the material that
appears
on the Retail Portal (whether generated by you or others), however the DIFC reserves
the right to do
so and
may penalise content which it deems unfit;
(f) acknowledge the disclaimers and limitation of liability contained in Clause 12;
(g) acknowledge that they are responsible for the security and integrity of their data and that the
DIFC is not responsible for any errors or omissions in any Content that they provide or that is
provided on their behalf;
(h) warrant that they will comply with all applicable laws, rules and regulations; and
(i) agree to comply with all reasonable instructions of DIFC and all relevant laws in relation to
their use of the Retail Portal.
5. For DIFC Talent Network subscribers (Websites and App)
5.1 The DIFC owns and operates the Internet website at talent.difc.ae (the
"DIFC Talent
Network Website / App") which is a platform that allows users to set-up an account for
professional networking and job seeking and posting opportunities.
5.2 By accessing and using the DIFC Talent Network, you are expressly consenting to the
relevant
Terms or User Agreements, including the terms and conditions outlined in this section
that are
effective as
of the date and time you use or access the DIFC Talent Network. Please read
the Terms or User
Agreements
carefully before accessing or using the information and services
available through the DIFC Talent
Network.
For DIFC Talent Network Users and DIFC Talent Network Content Providers
5.3 DIFC Talent Network Users and Content Providers who access and use the information and
services
provided on the DIFC Talent Network Website or App undertake the follow:
(a) grant DIFC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
right to commercialise, use, copy, reproduce, distribute, license to other persons, perform,
display or modify and adapt the Website Content you generate or submit for any purpose;
(b) warrant that they are the holder of the rights in the Website Content that they post and are
authorised to make the Website Content available;
(c) ensure that no other person, authorised or otherwise makes use of their access to the DIFC
Talent
Network in breach of these Terms or the relevant User Agreement;
(d) ensure that the Website Content or other information they post is not unlawful or posted for
an
improper purpose, including information that is defamatory, misleading or deceptive, in
breach of
copyright
or would otherwise expose the DIFC to any liability, legal proceedings or
other sanctions;
(e) acknowledge that the DIFC is under no obligation to monitor or censor the material that
appears
on, or via, the DIFC Talent Network (whether generated by you or others), however the
DIFC reserves
the
right to do so and may penalise content which it deems unfit;
(f) acknowledge the disclaimers and limitation of liability contained in Clause 14;
(g) acknowledge that they are responsible for the security and integrity of their data and that the
DIFC is not responsible for any errors or omissions in any Content that they provide or that is
provided on their behalf;
(h) warrant that they will comply with all applicable laws, rules and regulations; and
(i) agree to comply with all reasonable instructions of DIFC and all relevant laws in relation to
their use of the DIFC Talent Network.
6. App Terms, Conditions & Policy
6.1 The DIFC owns and operates the mobile application DIFC Connect (the “
App”). By
downloading
or streaming a copy of the
App onto your
mobile telephone or handheld device
(“
Device”), you are expressly consenting to these Terms of Use that are effective as of the
date
and time you use or access the App. Please read these Terms carefully before accessing or using
the information and services available through this App.
6.2 Use of App Content
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 App (collectively,
"App Content") is
provided to you as a
service
to allow you and other users to browse the App Content.
6.3 Except as provided otherwise in Clauses 3, 4 and 5, you are only permitted to access and use
the
App 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 App Content, in whole or in part, except as
otherwise expressly permitted in these Terms;
(b) use the App in violation of any applicable law or regulation;
(c) use the the App to transmit, distribute, store or destroy material, including without limitation
the App Content, in a manner that will infringe the copyright, trade mark, trade secret or other
intellectual property rights of DIFC or others or violate the privacy, publicity or other personal
rights of others;
(d) sell, modify or delete the App Content or reproduce, display, publicly perform, distribute or
otherwise use the App 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 App Content or the screens making up the the
App;
(h) use the App Content to impersonate or otherwise misrepresent your identity or affiliation
with
DIFC or any other person or entity;
(i) use the App 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 App or any activity being conducted on the App, 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 App.
6.4 You may download the App Content only for your own personal, non-commercial use,
provided
that
you maintain and include all copyright and other notices contained in such App
Content. You may not
copy,
redistribute or publish any App Content without the express written
permission of DIFC or the owners
of the
App Content (as the case may be). Any unauthorized
use or reproduction of the App Content is strictly
prohibited.
6.5 DIFC is not responsible for any App Content posted on the App and reserves the right to
change or
remove any content it sees fit.
7. Terms & Conditions for Advertisers
7.1 A person or entity that enters into an Advertising Agreement with the DIFC
(
"Advertiser"),
expressly consents to these Terms, including the terms and conditions outlined in this section, by
submitting advertising material to be posted onto the Website or the Property Website. These
Terms should be read in conjunction with the Advertising Agreement and any other document
provided to you by the DIFC or during the term of the Advertising Agreement.
7.2 Advertisers who submit material to be posted on the Website or the Property Website:
(a) ensure that the material they submit is not unlawful or posted for an improper purpose,
including
information that is defamatory, misleading or deceptive, in breach of copyright or
would otherwise
expose
the DIFC to any liability, legal proceedings or other sanctions;
(b) ensure that they do not make, arrange, or authorise the insertion of any reference to the DIFC,
the Website or the Property Website in any document (including promotional or merchandising
material) or any other website, without the DIFC’s prior written consent;
(c) warrant that they will comply with all applicable laws, rules and regulations; and
(d) grant DIFC the non-exclusive, worldwide, irrevocable, royalty-free, right to use, copy,
reproduce, distribute, display or modify and adapt the advertising material you generate or
submit, for any purpose;
(e) warrant that they are the holder of the rights in the material that they submit and are
authorised to make the material available;
(f) permit any user of the Website or the Property Website to access, display, view, store and
reproduce the material submitted by the Advertiser;
(g) agree to comply with all reasonable instructions of the DIFC and all relevant laws in relation
to
the advertising material they submit;
(h) acknowledge that the DIFC is under no obligation to monitor or censor the material that
appears
on the Website or the Property Website (whether generated by you or others), however
the DIFC reserves
the
right to do so and may penalise content which it deems unfit;
(i) acknowledge the disclaimers and limitation of liability contained in Clause 13; and
(j) acknowledge that they are responsible for the accuracy, authenticity and completeness of any
advertising material they submit and that the DIFC is not responsible for any errors or omissions
in any material that they provide or that is provided on their behalf.
8. Privacy Policy
8.1 DIFC has its own 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 to respect the privacy of our Website and App Users. Whenever
and wherever
possible,
DIFC will treat the information you provide with utmost care and
confidentiality, in accordance with
the DP
Law and any applicable laws.
8.2 The information provided by you will be processed in accordance with the
DIFC Online Data
Protection Policy.
9. 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 uses Cookies
to
track overall site usage and enables us to provide a better user experience.
The use of Cookies is
addressed
in the DIFC Online Data Protection Policy.
10. External Links
The Website and App 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 of the contents on such External Sites.
You acknowledge that DIFC 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
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.
11. Intellectual Property
Except as otherwise expressly stated, DIFC owns or is an approved licensee to the copyright and
all
other
intellectual property contained in the Website, App, 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, 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, except for the
sole
purpose of identifying the products or services
originating from the DIFC.
12. 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, its affiliates and their respective officers, directors,
owners, agents, employees, information providers and copyright owners.
13. Termination of Service
DIFC 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 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 clauses 2, 3, 4, 5,
6, 7,
8, 9, 10, 11, 12 and 14 of these Terms. Except as
otherwise expressly stated in these Terms, DIFC shall not be liable to you or to any third party
for
any
modification, termination, suspension or discontinuation of the Website.
14. Disclaimers of Warranties & Limitation of Liability
13.1 The Website, the App, the Website Content and the App Content 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 makes 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.
14.2 The Website, the App, the Website Content and the App Content are provided on an
"AS-
IS", “without faults” and “as available” basis and, to the extent lawful, with no
warranties
whatsoever. DIFC 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.
14.3 DIFC 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, the App, the Website
Content and the App Content, or inability to enter into an agreement for the sale or rent of any
Property listed on the Property Website, whether based on warranty, contract, tort (including
negligence), or any other legal theory, and whether or not DIFC is advised of the possibility of
such damages.
14.4 Without limiting the above Clause 13.3, DIFC 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 any Owner, Agent, Advertiser or third party advertiser in
any way.
14.5 The material appearing on our Website and/or App may include technical, typographical or
photographic errors. DIFC does not represent, warrant or endorse that any of the Website
Content
and/or App Content is accurate, complete, reliable or current. DIFC 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.
14.6 DIFC 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
the App 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.
14.7 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. The views and opinions of document authors do not
necessarily state or reflect those of DIFC or
any of
its affiliates.
15. General
15.1 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.
15.2 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.
15.3 These Terms as well as your access to the Website and App is subject to and governed by
the laws
of the DIFC 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.