Welcome to
http://www.dfm.ae/default.aspx (the "Website"). The Website is owned and
operated by Dubai Financial Market a Public Joint Stock Company, registered in
the city of Dubai, in the Emirate of Dubai in the United Arab Emirates and
regulated by the Commercial Companies Law of 1984 and its amendments and the
federal law No 6 of 1985 concerning Islamic banks, Financial Institutions and
Investment Companies and the provisions of the SCA Law No 4 of 2000 as amended
by Law 25 of 2006 related to the UAE Authority and Market for Securities and
Commodities and its amendments and its articles of association, whose registered
office is Trade Center, First Floor, PO Box 9700, Dubai, UAE (the "Exchange").
As a private user and casual browser of the Website, you agree to abide and be
bound by the following terms and conditions (the "Terms") that will apply to
your use of the Website. By completing the registration form and by entering
your email address and password, you will be deemed to have accepted all these
Terms and be a registered private user.
1. REGISTRATION
1.1 You may only register as a private user of the Website. By agreeing
to these Terms, you confirm that you are a person over the age of twenty one
(21) and are using the Website for the purpose of managing your own personal
investments and not for any business purpose, nor for the purpose of giving any
form of advice to any other person.
1.2 Where any part of the Website requires you to register in order to use
it, you are obliged to provide accurate and complete registration information.
It is your responsibility to update and maintain any changes to that information
by altering your details as appropriate.
1.3 Each registration is for a single user only. On registration you are
required to enter an email address and password. We do not allow (i) any other
person to share your email address and/or password or (ii) access through a
single user name and password being made available to multiple users on a
network.
1.4 Access to registration areas is via your personal email address and
password. The Exchange shall allow you access to use registration areas of the
Website on the basis that:
1.4.1 your email address and password are personal to you and may not be used
by anyone else;
1.4.2 you will not do anything to assist anyone who is not a registered user
to gain access to any registration area of the Website;
1.4.3 you will not contract for, receive, distribute or use any information
or data on the Website on behalf of any other person;
1.4.4 you do not maliciously create registration accounts for the purpose of
abusing functionality of the Website, or other users, nor do you seek to pass
yourself off as another user;
1.4.5 you do not use any information or data on the Website for any illegal
purpose; and
1.4.6 you comply at all times with the Terms.
1.5 When you register to use the Website, you will be obliged to check a
box indicating that you are accessing the data on the Website for your personal
use and that you have read, understood and accepted the Terms. You will not be
allowed to complete your registration unless you indicate your acceptance of the
Terms and any other terms and conditions that may apply.
1.6 The Exchange retains the absolute right to prevent you from accessing
the Website, without prejudice to any of our accrued rights, where the Exchange,
at our sole discretion, consider that you are contravening the acceptable use
policy set out below or any other term or condition of these Terms.
1.7 DFM may require payment of Fees for the information and services provided
under this Terms and Conditions without prior notice.
2. PRIVACY POLICY
2.1 The Exchange is registered as a data controller in accordance with UAE
Law, and Securities and Commodities Authority SCA Rules and Regulations issued
under the Federal Law No 4 of 2000. We will process any personal information we
collect about you in accordance with these laws.
2.2 This Privacy Policy applies to you whether you use the Website as a
casual browser, have registered to use the Website or have entered into a
contract with the Exchange in relation to the supply of specific services and/or
products.
2.3 We will not collect any personal information about you from your
browsing of the Website unless you agree to collection and use of your personal
data.
2.4 Information collected when you become a customer of the Exchange
When you enter into a contract with us for our services or products, you may be asked to submit personal information about yourself in order to receive or use these services or products. This information may include, for example, your name, address, job title, telephone number, email address and financial information necessary to conclude the contract and enable administration and management of such services or products. We will only collect information that is necessary for us to provide you with the product or service that you have requested. The type of information that we may collect will depend upon the nature of that service or product.
2.5 Where we collect personal information, we will use it for
administration and to tailor our service and/or products to match your needs. We
may also use personal information to conduct market research surveys, for
statistical analysis to determine site usage, to run competitions and for direct
marketing purposes relating to our business.
2.6 We may employ the services of a third party to help us in certain
areas, such as website hosting, marketing and market researching. In some cases
that third party may receive your information. However, at all times we will
control and be responsible for the use of your information.
2.7 At all times we are legally obliged to collect, retain and process any
personal information that you provide in accordance with the UAE laws SCA Rules
and Regulations issued under the federal law No 4 of 2000 and it amendments.
2.8 We will hold your personal information securely and will only keep it
for as long as is reasonably necessary in the circumstances you are registered
to use the Website or for as long as you use the service that you have
requested, unless you have provided us with your consent to use the data for any
additional purposes. We take the security of the Website and the information you
provide very seriously and we will take all appropriate technical measures using
recognized security procedures and tools in accordance with good industry
practice to protect your personal information.
2.9 Whilst we use all reasonable endeavours to protect your security in
the manner described above, we consider that it is only appropriate to advise
users that data transmission over the Internet and the World Wide Web cannot
always be guaranteed as 100% secure, and therefore that you use the Website at
your own risk.
2.10 If we make any changes to this Privacy Policy these changes will be
detailed on this page in order to ensure that you are fully aware of what
information is collected, how it is used and under what circumstances it will be
disclosed.
2.11 This Privacy Policy applies only to information collected by this
Website. The Website may contain links to other websites. Please be aware that
we are not responsible for the privacy policies of such other sites and we would
advise you to read the privacy statement of any website that collects personal
information from you.
3. ACCEPTABLE USE POLICY
3.1 You acknowledge that all material on the Website and any material sent
to you by e-mail and any other form from the Website or in any way relating to
the Website including without limitation text, data, graphics, photographs,
illustrations, artwork, names, logos, trade marks, service marks and information
belongs to the Exchange.
3.2 You agree to abide by all applicable laws, regulations and codes of
conduct and ensure that any Content uploaded or distributed or stored by you
does not infringe the rights of others.
3.3 In accessing the Website, you agree not to:
3.3.1 impersonate anyone or use a false name or a name you are
unauthorized to use or create a false identity or e-mail address or try to
mislead others as to the identity or origin of any communications;
3.3.2 modify, access or make available data stored on a computer device
which you have accessed through our network;
3.3.3 make available or upload files that contain software or other
material, data or information not owned or licensed to you or collect
information about others (e.g. names/addresses) without their prior consent;
3.3.4 damage, interfere with or disrupt access to the Website or do
anything which may interrupt or impair functionality;
3.3.5 make any commercial or business use of the Website or resell or
commercially benefit from any part or aspect of the Website;
3.3.6 publish, post, distribute, disseminate or otherwise transmit
defamatory, offensive, infringing, obscene, indecent or other unlawful or
objectionable material or information;
3.3.7 threaten, harass, stalk, abuse, disrupt or otherwise violate the
rights (including rights of privacy and publicity) of others;
3.3.8 make available, upload or distribute by any means any material or
files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or
any other harmful software;
3.3.9 falsify the true ownership of software or other material or
information contained in files made available via the Website; and
3.3.10 obtain or attempt to obtain unauthorised access, through whatever
means, to the Website, other services or computer systems or areas of our or any
of our partners' networks.
3.4 The Exchange reserves the right to remove any information/material
without notice, and without prejudice to any other accrued rights, and/or to
make available such information/material when required to do so by law or when
requested to do so by regulatory bodies or law enforcement organisations.
4. LIABLILITY
4.1 The Exchange attempts to ensure data and content on the Website is
accurate, however whilst the Exchange hopes the Website is of benefit to users,
there is no charge for provision of data and the Exchange can only devote
limited resources to the Website and any data. Content is only made available
"AS IS" and on an "AS AVAILABLE" basis and may not always be accurate or up to
date. Content may or may not have been prepared by the Exchange but is made
available without responsibility on the part of the Exchange. The Exchange does
not guarantee the accuracy, timeliness, completeness, performance or fitness for
a particular purpose of the Website or any of the content. No responsibility is
accepted by or on behalf of the Exchange for any errors, omissions, or
inaccurate content.
4.2 No action should be taken or omitted to be taken in reliance upon any
content. We accept no liability for the results of any action taken on the
basis of the any content.
4.3 You agree that the Exchange has no control over third party content
and information which can be accessed using the Website and that we do not
examine or edit the use to which you or others put the Website or the nature of
the any content being accessed and that the Exchange is excluded from all
liability of any kind arising from any such content.
4.4 We take steps as are reasonably necessary to provide a fast and
reliable service, but exclude to the fullest extent permitted by law any
liability for the security of the services on the Website or for any disruption
of the Website however caused, loss of or corruption of any material in transit,
or loss of or corruption of material when downloaded onto any computer systems.
4.5 Unless otherwise stated, the Exchange makes no warranty whatsoever
whether implicit or explicit as to any goods or services purchased or obtained
or offered to you through use of the Website, whether accessed directly or
otherwise.
4.6 Statutory rights of yours which may not be limited or excluded as a
matter of law are unaffected by the Terms, provided that to the extent permitted
by applicable law, the Exchange expressly disclaims all liability howsoever
arising whether in contract, tort (or deceit) or otherwise (including, but not
limited to, liability for any negligent act or omissions) to any person in
respect of any claims or losses of any nature, arising directly or indirectly
from: (i) anything done or not done and in respect of the consequences of
anything done or omitted to be done wholly or partly in reliance upon the whole
or any part of any content on the Website; and (ii) the use of any data or
materials on this Website or unauthorized access to this Website or otherwise.
4.7 Without prejudice to Clause 4.6, the Exchange shall not be liable
under or in connection with the Terms, or any collateral contract, for any loss
of income, loss of actual or anticipated profits, loss of business, loss of
contracts, loss of goodwill or reputation, loss of business, loss of anticipated
savings, loss of, damage to or corruption of data, or for any indirect or
consequential loss or damage of any kind, in each case howsoever arising,
whether such loss or damage was foreseeable or in the contemplation of the
parties and whether arising in or for breach of contract, tort (including
negligence), breach of statutory duty, indemnity or otherwise.
4.8 Without prejudice to Clause 4. These Terms and Conditions are subject
to the Website’s Disclaimer.
5. NO INVESTMENT ADVICE
5.1 The Website and any content is not offered as an advice on any
particular matter and must not be treated as a substitute for specific advice.
In particular, any content does not constitute professional, financial or
investment advice and must not be used as a basis for making investment
decisions and is in no way intended, directly or indirectly, as an attempt to
market or sell any type of financial instrument. Advice from a suitably
qualified professional should always be sought in relation to any particular
matter or circumstances.
5.2 The Exchange does not conduct investment business in the UAE with
private customers and accordingly services and products mentioned or referred to
in any advertisements on this Website are not available to such persons via the
Exchange. Please note that the provision of investment services may be
restricted in certain jurisdictions. You are required to acquaint yourself with
any local laws and restrictions on the usage of this Website and the
availability of any services described therein. The information on this Website
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution would be contrary to local law
or regulation.
5.3 The contents of this Website do not constitute an invitation to invest
in shares of the Exchange, or constitute or form a part of any offer for the
sale or subscription of, or any invitation to offer to buy or subscribe for, any
securities or other financial instruments, nor should it or any part of it form
the basis of, or be relied upon in any connection with any contract or
commitment whatsoever.
6. LINKS TO THIS AND OTHER WEBSITES
6.1 You may not frame, link or deep-link this Website to any other website
without the Exchange's prior written consent. Should you wish to frame or to set
up a link / deep-link to our Website please contact Dubai Financial Market ().
6.2 The Exchange is not responsible for any third party website or website
content (including, without limitation, any advertising appearing therein) which
can be accessed through this Website. The Exchange includes links to other
websites for information purposes only and makes no representation whatsoever
about any such link, website or content.
7. COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
7.1 Please refer to the disclaimer () which is a part of the Terms and
contains provisions applicable to Dubai Financial Market’s Intellectual
Property Rights.
8. SOFTWARE AND SECURITY
8.1 The Exchange is not responsible for any technical or other issues that
may arise if you download software from an external third party website (e.g.
Acrobat Reader) or upgrade your browser software to enhance your usage of the
Website.
9. CHANGES
9.1 The Exchange reserves the right to make changes to any part of the
Website. Due to the Exchange's policy of updating and improving the Website, it
may therefore be necessary to change the Terms from time to time. If you wish to
access the Website after we have published such changes, you may be asked to
look at and agree to the new Terms before you are able to access the Website. If
you do not agree to be bound by the new Terms, you shall not be able to access
the Website again as a registered user
10. TERMINATION
10.1 We may terminate the provision of any or all of the data, content or
Website or restrict your access to the Website without any prior notice to you
where (by way of example and without limitation): (i) there is a regulatory or
statutory change limiting the Exchange's ability to provide some or all of the
Website; (ii) any event beyond our reasonable control prevents the Exchange from
continuing to provide the Website (for example, without limitation, technical
difficulties, capacity problems and communications failures); or (iii) the
Exchange considers in it's sole discretion that you are abusing the services
provided by the Website or are otherwise acting in breach of these Terms.
11. GENERAL
11.1 Although the Exchange will do it's best to provide constant,
uninterrupted access to the Website, the Exchange cannot guarantee this. The
Exchange accepts no responsibility or liability for any interruption or delay in
your access and use of the Website.
11.2 You may not assign, sub-license or otherwise transfer any of your
rights under these Terms.
11.3 If any part of these Terms is found to be invalid by any court having
competent jurisdiction the validity of the remaining terms will be unaffected.
11.4 The failure of either party to enforce or to exercise at any time or
for any period of time any term of or any right pursuant to the Terms does not
constitute, and shall not be construed as, a waiver of such term or right and
shall in no way affect that party's right later to enforce or to exercise it.
11.5 The Terms contain all the terms agreed between the parties regarding
its subject matter and supersede any prior agreement, understanding or
arrangement between the parties, whether oral or in writing. No representation,
undertaking or promise shall be taken to have been given or be implied from
anything said or written in negotiations between the parties prior to the Terms
except as expressly stated in the Terms. Neither party shall have any remedy in
respect of any untrue statement made by the other upon which that party relied
in entering into the Terms (unless such untrue statement was made fraudulently
or was as to a fundamental matter including as to a matter fundamental to the
other party's ability to perform its obligations under the Terms) and that
party's only remedies shall be for breach of contract as provided in the Terms.
11.6 Provisions of the terms which either are expressed to survive its
expiry or termination or from their nature or context it is contemplated that
they are to survive such termination, shall remain in full force and effect
notwithstanding such expiry or termination.
11.7 The relationship of the parties is that of independent contractors
dealing at arm's length. Except as otherwise stated in the Terms, nothing in
the Terms shall constitute the parties as partners, joint venture’s or
co-owners, or constitute either party as the agent, employee or representative
of the other, or empower either party to act for, bind or otherwise create or
assume any obligation on behalf of the other, and neither party shall hold
itself out as having authority to do the same.
12. CHOICE OF LAW AND JURISDICTION
12.1 These Terms shall be governed by and construed, in accordance with laws
and regulations of UAE, Dubai Courts. All disputes arising out of or in
connection with this Agreement shall be finally and exclusively settled in
accordance with arbitration rules of the Dubai Chamber of Commerce & Industry.
Such arbitration shall be held in, and the language of the proceeding shall be,
English. The award rendered in any arbitration commenced hereunder shall be
final and conclusive, and enforcement thereof may be entered in any court or
authority having jurisdiction for its enforcement.
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