1.3 These Terms will constitute a legal agreement between "you" (the user of this Website) and the DIFC. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this 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.
1.5 The Property Website referred to in Clause 3 is subject to additional terms conditions. By using the Property Website, or any part of it, you agree to be bound by these Terms, including the additional terms set out in Clause 3, that apply to the Property Website.
1.6 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 4.
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 and 4, you are only permitted to access and use this 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 this Website in violation of any applicable law or regulation;
(c) use this 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 HMTL 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 also 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 Clause that are effective as of the date and time you use or access the Property Website (the "Property Terms"). Please read the Property 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 11;
(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. Terms & Conditions for Advertisers
4.1 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 Clause, 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.
4.2 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 11; 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.
5.1 It is the policy of the DIFC to respect the privacy of our website users. Whenever and wherever possible, DIFC will treat the information you provide with utmost care and confidentiality.
5.2 The information provided by you, is kept on a secure dedicated server and will not be sold or disclosed to any third parties.
7. External Links
The Website 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 this website.
8. 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, the Property 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, unless otherwise noted. The Marks on the Website 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.
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.
10. 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 at any time for any reason without prior notice or liability. DIFC may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Website Content, without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2, 3, 4, 7, 8, 9 and 11 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.
11. Disclaimers of Warranties & Limitation of Liability
11.1 The Website and the Website 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.
11.2 The Website and the Website Content (including Property Details) 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.
11.3 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 Property Website and the Website 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.
11.4 Without limiting the above Clause 11.3, 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.
11.5 The material appearing on our Website may include technical, typographical or photographic errors. DIFC does not represent, warrant or endorse that any of the Website Content (including any Property Details) is accurate, complete, reliable or current. DIFC may make changes to the materials contained on this Website at any time without notice. You acknowledge that any reliance upon such Website Content (including any Property Details) shall be at your sole risk.
11.6 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 this 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.
11.7 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.
12.1 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.
12.2 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.
12.3 These Terms as well as your access to our Website 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.