DIFC

Terms of Use

Welcome to the DIFC Wills and Probate Registry (‘Registry’) website (the “Website” or “Site”). These terms of use (“Terms” or “Agreement”) govern your use of the Website. Please read these Terms carefully, as your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the www.difcprobate.ae Website.

The term “you”, “your”, and “User” or similar terms means the person accessing or using the Website. The terms “us”, “we” and “our” refer to the DIFC Wills and Probate Registry.

These Terms should be read in conjunction with the Registry Privacy Policy.

1. Definitions

Appointment means an electronic request for a service from the User to use the Registry services, as available from time to time, in the Appointments section.

Advance Booking Fee means the associated fees payable by the User for the booking of an Appointment in advance.

E-Commerce Internet Payment Services means an electronic payment system which enables the User to conduct account and/or credit card transactions to the account of the Registry via the Internet.

Individual means a natural or legal person who is utilizing any of the Registry Services.

Merchant Bank refers to the Registry’s bank accepting payment for services via the Website.

Payment means a fund transfer from the User’s bank account and/or Credit Card to the Registry Accounts.

User means any user of the Registry Website, including the E-Commerce Internet Payment Services on the Website.

Website or “Site” means the Registry’s website, www.difcprobate.ae.

Words importing only the singular shall include the plural and vice versa, and words importing any gender shall include all genders.

2. User Obligations

1.
Acceptable Use. This Website is designed to provide Users with a range of information concerning (i) the services we offer; (ii) our team; (iii) the mandate of the DIFC Wills and Probate Registry; (iv) the Registry Rules and ongoing legal developments (public consultations); (v) other materials concerning our service; and (vi) appointment booking option for using our services via online payment. This Website may be used only for its lawful and intended purposes.
2.
Eligibility. Our Website is not intended for the use of minors, and the Registry will not allow Users we know to be under 21 years of age to perform transactions on the Site.
3.
Transmission of Information. The User is responsible for their own communications, including the transmission and uploading of information and is responsible for the consequences of such communications to the Site. The User is solely responsible for the accuracy and correctness of all information and details transmitted via the Website. The User shall be solely responsible for providing beneficiary details for any Transaction. The Registry will not be liable for any non-payment as a result of any error in the information submitted by the User or or otherwise in any failure or delay in payment. Errors in inputted information may result in delays in service, as an Appointment will only be confirmed once the required payment has been successfully made.

3. Payment Methods, Delivery, Cancellation and Refund Policy
1.
Methods of Payment.We accept payment for our services, by credit or debit cards, both online via our E-Commerce Online Payment Service, and in person at our offices. Payment for upfront Appointment Booking Fees (as indicated in the Appointments Fee Schedule at www.difcprobate.ae/appointments) should be made online, though the DIFC Wills and Probate Registry may make discretionary accommodations upon request. All credit and debit card details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties. The card holder should ideally be one of the testators or their legal representative. All fees are paid in UAE Dirhams (AED) only, unless payment is made by a foreign card and the card holder has elected to pay in a foreign currency. We accept credit cards issued in countries as specified in the payment process. We also accept bank wire transfer with associated confirmation number, cash, or cheque made payable to the Registry, for the remaining balance of fees (if any).

We currently accept the following credit cards:visamaster
2.
Fees and Charges. If the User uses a credit or debit card to make a payment via the Registry Website and/or in person at our offices, the User accepts that they may be subject to fees which may be imposed by their own card issuing bank. User making a payment are not liable to pay any fees or charges imposed by the Registry’s merchant bank for the transaction.
3.
Online Payment in Foreign Currency.Currency rates are based on several publicly available sources (or: based on the Merchant Bank’s daily applicable rates). The accuracy of such rates is not verified, and actual rates may vary. Currency quotes are updated every day by the Merchant Bank and/or by your card issuing bank. The Registry assumes no liability or responsibility for currency rates and currency exchange charges, in the event your bank or the Merchant Bank impose such charges on the Cardholder during the course of the transaction.
4.
Delivery Policy. The Registry will deliver the requested services to the User at time of the Appointment at the Registry. If services requested are only partially paid for at the time of their
appointment at the Registry, the User will pay any outstanding balance owed at that time. The Registry reserves the right to postpone or deny an application for a specific service and the delivery of such service if the application does not comply with the Registry Rules and DIFC laws. If a service is denied, the Registry will fully refund the User for any Advance Booking Fees paid.
5.
Cancellations. Registered Users may cancel or modify an Appointment on the “My Account” section of the Registry Website. Users automatically receive an e-mail containing log-in details for use of the “My Account” section when they book an Appointment online. Please note that Users may modify an appointment a maximum of three times without being charged any additional Booking Fee. Upon the fourth modification of an existing appointment Users will be required to pay an additional Booking Fee. Users may cancel a booking online through the “My Account” section of the Website, or by e-mail with instructions to registry@difcprobate.ae. Users will not be entitled to a refund for any Advance Booking Fees paid and will only be entitled to a refund of any full payments made, excluding the Booking Fee, if a cancellation is made (meaning, the User decided not to use the services of the WPR). If a User chooses to cancel a booking, the User will be contacted by one of our Registry Officers to arrange for a refund of any full payments made (excluding the Booking Fee). Users experiencing difficulties cancelling or modifying a booking should immediately contact the Registry directly at the coordinates in Section 10.
6.
Refunds. In the event of an Appointment cancellation all service payments made, excluding the Booking Fee, shall be reimbursed to the User. Any refunded amounts shall be returned through the original method of payment. Users should expect a processing time of 14 business days for a refund to be credited. Users with foreign credit cards may experience longer delays for refund crediting. In the event of a denial of services by Registry during an appointment with no subsequent appointment rescheduling, the amount paid shall be reimbursed to the User, with a of Booking fees. The Registry will not issue refunds for services after they have been provided. The current fees charged by the Registry can be found at www.difcprobate.ae/fees.
7.
Dispute Management. If a User wishes to dispute a charge or make a complaint about a service provided to them by the Registry, they may e-mail complaints@difcprobate.ae, or telephone the Registry at the coordinates in Section 10.
8.
OFAC Disclaimer. The Registry (www.difcprobate.ae) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries, in accordance with the law of the UAE.

4. Online Payments

The following terms pertain to any purchases made by Users making online payments for purchases using the E-Commerce (E-Gateway) Online Payment Services on the Registry Website.

1.
Eligibility. Any User who has an accepted Account or Credit Card and is eligible to access and utilize the services of the Registry (see our Rules: www.difcprobate.ae/rules), and subject to its discretion, is eligible to apply for E-Commerce Internet Payment Services. The User accepts that the Registry has the right to refuse any appointment request and payment, and may at any time at its own discretion disable the access to the E-Commerce Internet Payment Services.
2.
Liability for Misuse. The User shall be liable for any misuse of the E-Commerce Online Payment Services as a result of non-compliance with its security procedures, these Terms of Use, or any other form of security breach from his internet connection, mobile phone, server or any other intermediary platforms used during the course of the online payment. The User also accepts that the Merchant Bank has the right to disable the Personal Internet Banking Services in the event of an identified misuse.
3.
SSL Security information. To ensure secure online payment and all other transactions of personal data, the Website uses a technology called SSL (Secure Socket Layer). SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. For further information, please consult your browser’s security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common Internet standard to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is in nested in another frame. To check that you have a secure connection (in Internet Explorer), click the right mouse button and properties, then certificates. You will see if the connection is secure or not. Another way (in Netscape Navigator) is to click the right mouse button and ‘view frame info’ at the bottom of the text you will see security information.
4.
Assumption of Risk. The User should bear in mind that the submission of information over the Internet is never entirely secure, and that neither the DIFC Wills and Probate Registry, nor its Merchant Bank can guarantee the security of the information submitted via E-Commerce Online Payment Services whilst it is in transit over the Internet and any such submission is at the risk of the User.

5. Warranty and Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE REGISTRY (AND THOSE THAT THE DIFC WILLS AND PROBATE REGISTRY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIMS ANY REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED CONCERNING THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION CONTAINED ON THE GENERAL SITE EXCEPT FOR THE PUBLISHED RULES; (B) DOES NOT GUARANTEE THAT THE WEBSITE SERVICES, INCLUDING ACCESS TO THE E-COMMERCE ONLINE PAYMENT SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE REGISTRY DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS TO ITS SERVICES OR THIS WEBSITE. USERS ACCESSING THIS INFORMATION ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND UNDERSTAND AND AGREE THAT THE REGISTRY IS NOT RESPONSIBLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING OUT OF THE USE OF THE INFORMATION. FURTHER TO THIS, IN NO EVENT SHALL THE REGISTRY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR ANY OTHER ASPECTS OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL THE DIFC WILS AND PROBATE REGISTRY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

6. Indemnification

The User agrees to indemnify and compensate the Registry for any damages, loss, expense or liability it incurred as a result of his breach of the Terms of Use.

7. General

1.
Amendment. The Registry may from time to time and at its sole discretion with prior notice to Users, change and amend any of the Terms of Use. The changes will apply on the effective date the Registry specified in the notice and the changed Terms of Use will be published on the Registry Website along with a note informing Users of the applicable Terms of Use.
2.
Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or being illegal, invalid, or unenforceable, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement.
3.
Nature of Relationship. The User agrees that no joint venture, partnership, employment, agency agreement exists between you and the Registry as a result of this Agreement or use of the Site.
4.
Governing Law. These Terms of Use shall be construed in accordance with the laws of the DIFC and the rules, regulations and directives of the DIFC. In the event of a dispute in relation to the Terms of Use, the User consents to the exclusive jurisdiction and venue of the DIFC Courts.
5.
Entire Agreement. These Terms constitute an entire agreement between the User and the Registry, and supersede any prior agreements between the User and the Registry.

8. Copyright and Disclaimer

The materials published on this website are unless otherwise stated the copyright works of Registry or another DIFC Dispute Resolution Authority entity. Users may make copies of materials published on this Website for their personal and not-for-profit use. Notwithstanding the foregoing, the content of the published material and the copyright notices must remain intact, any communication of the content must not be misleading or inaccurate, and a copy of this Copyright and Disclaimer must accompany any copies of the materials which may be circulated. Users may not create a link to any part of this Website nor republish any content or material available on the Website on any other site or alert-service without prior written consent. Consent may be requested by contacting the Registry offices at the coordinates found in Section 10.

The information presented on our General Site is provided as a courtesy by the Registry and intended for the purposes of providing general information only, and do not constitute a substitute for legal or other professional advice. Neither DIFC Wills and Probate Registry nor any other DIFC Dispute Resolution Authority (DRA) entity accepts any responsibility for any loss which may arise from reliance on information published on this site. Users that have, or suspect to have a legal problem should consult a lawyer/legal practitioner for legal advice.

9. Notification of Changes

The Website Policies and Terms of Use may be changed or updated occasionally to meet the requirements and standards. Therefore, the users are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.

10. Site Administration and Contact

The Registry is committed to providing its users with services of the highest quality. If you have comments or questions about the administration of our Website, or any of our services, please contact us at the following coordinates.

DIFC Wills and Probate Registry

Dubai International Financial Centre
Level 3, Precinct Building 5 (South)
The Gate District
Dubai, United Arab Emirates

Phone No. +971(0) 4 404 4488
registry@difcprobate.ae

11. Effective Date and Legal Notice

The original effective date of this Agreement is 1 February 2017.

Copyright 2017. DIFC Wills and Probate Registry.