Platform Terms of Use

These terms of use (together with the documents referred to in it are, collectively referred to as the “Terms of Use”) apply to and regulate the Use of the DBLC Platform, including accessing, browsing, caching or the transmission through the DBLC Platform.

By Using the DBLC Platform, Services (including Biometric Authentication Services) and any other services, you accept and agree to these Terms of Use. If you do not accept these Terms of Use, do not access the DBLC Platform, Services or any other services. DBLC shall have the right to specify or vary, from time to time, the scope and features of the Biometric Authentication Service without prior notice to the Guest. Further, DBLC reserves the right, at its sole discretion, to modify, amend, or update these Terms of Use at any time, without prior notice or consent.

Please read the terms and conditions carefully before Using the DBLC Platform and confirm the same by clicking a box indicating acceptance of Terms of Use and Privacy Notice. The Use of the DBLC Platform by the Guest indicates the acceptance of the Terms of Use and the Privacy Notice. By completing the Biometric Authentication process and availing the Services, the Guest agrees to and accepts the Terms of Use of the DBLC Platform and the Services. You agree and understand that the Biometric Authentication may be used as a proof of identity in your personal capacity.

These Terms of Use shall be effective between the Guest and DBLC as of the date the Guest accepts this Terms of Use and specified on the DBLC Platform by:

(1) clicking a box indicating acceptance and/or
(2) using the Services, whichever is earlier. Such date shall accordingly be referred to as the “Effective Date”. 

1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity, or the right to direct the affairs of a subject entity.

1.2. “Applicable Laws” means all applicable laws, enactments, regulations, regulatory policies, regulatory guidelines, circulars, industry codes, policies, written interpretations, regulatory permits and regulatory licenses which are in force from time to time and which apply in Dubai or at any other place where the Guest uses the DBLC Platform, Services and any other services under the Terms of Use.

1.3. “Biometric Authentication” means the identity verification of the Guest on the DBLC Platform through the Biometric Credentials or any other data.

1.4. “Biometric Authentication Services” means the Biometric Authentication services provided by DBLC via the DBLC Platform pursuant to these Terms of Use, which enables the Guest to submit and upload Personal Data through the Biometric Authentication.

1.5. "Biometric Credentials" means the biometric credentials (including fingerprints, facial map or any other biometric data) and passport details that are registered or stored on the DBLC Platform. 

1.6. “Booking” shall mean reservation or scheduling of a service (including but not limited to hotels, events, attractions) by the Guest with a Third- Party Service Provider.

1.7. “Consent” or “Consented” means the explicit permission given by the Guest for the collection, processing and sharing of their Personal Data. Such Consent shall be managed and tracked through systems that allow Guests to provide, modify, or withdraw their consent (and “Consented” shall be construed accordingly).

1.8. “DBLC” means Dubai Business Registration and Licensing Corporation established under Law No. 6 of 2023, an affiliate of Dubai Department of Economy and Tourism, a Dubai government entity organized and existing under Law No. (20) of 2021, and any of its affiliates or related entities.

1.9. “DBLC’s Marks” the brand name(s) and/or logo(s) including all trademarks, names and service marks, logos, domain names, catchphrases, designs, audio visual work, texts, software, sound, images whether animated or not, photographs, drawings, graphics, look and feel, typography or colors of DBLC and its Affiliates, whether registered or unregistered or protected under any intellectual property legal system or statute in the world.

1.10. “Dubai” means the emirate of Dubai, UAE.

1.11. “Dubai Courts” means the competent courts for the Emirate of Dubai, as established pursuant to Dubai Law No. (3) of 1992 and referred to in Dubai Law No. (13) of 2016, as amended.

1.12. “Intellectual Property Rights” means all past, present, and future rights of the following types, as may exist or be created or recognized under the law of any jurisdiction in the world including UAE Federal Decree-Law no. (38) of 2021 as intellectual property right, such as not limited to:

(a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights;
(b) trademark and trade name rights and similar rights;
(c) trade secret rights;
(d) patent and industrial property rights;
(e) other proprietary rights of every kind and nature, moral rights; and
(f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (a) through (e) of this sentence.

1.13. "Intended Purpose" means for the purposes of Biometric Authentication, more particularly provided for in the Privacy Notice.

1.14. “Link” shall mean a dynamically generated link unique to each Booking and/ or services obtained from Third-Party Service Provider and remains active/ available until the time required by DBLC.

1.15. "Personal Data" means the passport data, Biometrics Credentials, identity data and any other personal information or personally identifiable data (without any modifications).

1.16. “DBLC Platform”/ “DBLC Digital Onboarding Platform” means the DBLC’s platform for the purpose of Biometric Authentication and for availing the Services which can be accessed through the Link sent by the entity authorized by DBLC to which the Guest is being granted access under the Terms of Use for the purposes of availing the Biometric Authentication Services.

1.17. “Privacy Notice” means the privacy notice published on the DBLC Platform and can be accessed through the Link.

1.18. “Services” means the creation of a digital identification, identity document validation, authentication of identity of the Guests, Guest digital wallet, including Biometric Authentication Services, provided by DBLC through the DBLC Platform to the Guests in connection with the Booking, along with services ancillary or incidental thereto.

1.19. “Terms of Use” means these Terms of Use as well as any exhibits, annexes, schedules, Privacy Notice, appendices and other terms and conditions whether referenced hereto or not.

1.20. “Third-Party Service Provider” shall mean the third party(ies) with which the Guest has made a Booking.

1.21. “Use” means

(a) access to the DBLC Platform and its utilization, including interaction with its functionality or processing capabilities in accordance with the terms of the Terms of Use;
(b) to utilize the Personal Data for the purpose of utilizing Services and Intended Purpose, in accordance with the terms of this Terms of Use.

1.22. “Guest” means an identified or identifiable natural person who is providing their Personal Data on the DBLC Platform and utilizing the Services in accordance with the Terms of Use The individual accepting these Terms of Use is also the Guest under the Terms of Use.

1.23. “Guest Data” means any content, data (including Personal Data as defined herein above) and information provided or submitted by the Guest, in connection with the Services.

2.1 These Terms of Use supplement, and should be read together with, the agreement between the Third-Party Service Provider and the Guest (“Third-Party Service Agreement”). If there is any inconsistency between the provisions of these Terms of Use and the provisions of the Third-Party Service Agreement, the provisions in these Terms shall prevail insofar as the Biometric Authentication Service and Use of the DBLC Platform are concerned.

2.2 Consent to Data Processing
By using the DBLC Platform, the Guest explicitly consents to DBLC collecting, storing, using, and processing their Personal Data, including biometric data, for the Intended Purposes, in accordance with this Terms of Use, DBLC’s Privacy Notice, and Applicable Laws. Such consent is informed, freely given, specific, and unambiguous.

The Guest acknowledges that they understand the nature and extent of the processing of their Personal Data, including biometric data, and that they provide such consent voluntarily.

The Guest may withdraw their consent at any time by notifying DBLC in writing. However, the Guest understands and accepts that such withdrawal may affect the availability, functionality, or accessibility of the DBLC Platform and/or Services, and DBLC shall not be liable for any resulting limitation or discontinuation.

3.1 Eligibility and age restrictions: The DBLC Platform is not intended for use by individuals under the age of 18. By using the DBLC Platform, the Guest confirms they are at least 18 years old. DBLC does not knowingly collect Personal Data from minors. If DBLC becomes aware that a minor has provided such data without verified parental or legal guardian consent, DBLC shall delete it promptly.

3.2 Access:  Subject to the terms and conditions of this Terms of Use, DBLC hereby grants the Guest, a limited, non-exclusive, revocable, non-transferable, personal, non-sublicensable right, during the time the Link to the DBLC Platform is active (or the session is active, as the case may be), to:

(a) Use and access the DBLC Platform solely for the purpose of availing the Services in accordance with the Terms of Use;
(b) Use the DBLC Platform for the Intended Purpose mentioned herein; and
(c) Use of the DBLC Platform as required by Applicable Law. 

3.3 Restrictions: Guest shall not

(a) allow any third party to access DBLC Platform;
(b) modify, adapt, alter or translate the DBLC Platform;
(c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the Use of the DBLC Platform for the benefit of any unauthorized third party;
(d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the DBLC Platform;
(e) interfere in any manner with the operation of the DBLC Platform, or the hardware and network used to operate the same, or attempt to probe, scan or test the vulnerability of the DBLC Platform without prior authorization of DBLC;
(f) modify, copy, merge, combine or make derivative works based on any part of the DBLC Platform;
(g) access or use the DBLC Platform to build a similar or competitive product or service or otherwise engage in competitive analysis or benchmarking;
(h) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of DBLC or its licensors on the DBLC Platform or any copies thereof; or
(i) otherwise Use the DBLC Platform in any manner that exceeds the scope of Use permitted under Clause 3.2 (Access) above or in a manner inconsistent with Applicable Law, or this Terms of Use
(j)  use the DBLC Platform or transmit any information or communications to or through the DBLC Platform in a manner that violates any Applicable Law;
(k) transmit to or through the DBLC Platform, any information, communications and Personal Data that is defamatory, libellous, unlawful or obscene, or infringe upon the rights of any third party, as determined by DBLC; or
(l) engage in any activity that attempts to spoof, bypass, or otherwise circumvent the Biometric Authentication methods employed by the DBLC Platform.  If Guest becomes aware of any unauthorized Use of all or any part of the DBLC Platform, Guest shall notify DBLC promptly, providing reasonable details. DBLC reserves the right to suspend and terminate Guest’s access to the DBLC Platform for any failure, or suspected failure, to comply with the foregoing conditions amongst other remedies available at law.    

3.4 Guest Data: Guest is solely responsible for any and all obligations with respect to the accuracy, quality, updating, uploading and legality of Guest Data and Personal Data.  Guest shall ensure to have, maintain at all times and provide (if required) all notices, all third-party licenses, consents and permissions, required for DBLC to use, copy, store and process the Guest Data for the provisioning of the Services and fulfilment of the related project and in the manner provided for in the Terms of Use.  Without limiting the foregoing, Guest will be solely responsible for obtaining from third parties all necessary consents and rights for DBLC to Use the Guest Data submitted by the Guest for the purposes set forth in this Terms of Use. Guest acknowledges and agrees that DBLC is neither responsible for knowing or investigating which laws may or may not apply to such information except as expressly mentioned in the Terms of Use. 

3.5 Data Retention and Deletion: DBLC will retain Guest Data, including Personal and Biometric Data, only as long as necessary to fulfill the Intended Purpose or as required by applicable law. Upon account closure or after [x months] of inactivity, DBLC will delete or anonymize such data, except where retention is necessary for legal, regulatory, or dispute resolution purposes. Guests may request deletion of their data by contacting DBLC.

3.6 Necessary Equipment: Guest must provide and shall be solely responsible for all equipment, software necessary to connect to the DBLC Platform, including applicable internet connection that have sufficient bandwidth to facilitate the Services and its access to the DBLC Platform.  Guest is solely responsible for any fees, including internet connection fees, that Guest incurs when access the DBLC Platform and the Services. 

3.7 Use of the DBLC Platform and Services: Guest will: (a) be responsible for the activity occurring under Guest’s profile; (b) Use the DBLC Platform only in accordance with these Terms of Use, particularly in compliance with Section 2 of these Terms of Use and Applicable Laws; and (c) provide DBLC with the Guest Data as required on the DBLC Platform and will be liable in case of inaccuracy or non-conformance with these Terms of Use.  

3.8 Monitoring and Audit Rights: DBLC reserves the right to monitor Guest access to and usage of the DBLC Platform to ensure security, compliance with these Terms of Use, system maintenance, and detection of misuse or unauthorized activity. DBLC may retain audit logs and other records of Guest activity for these purposes.

3.9 Services: 

(a) In order to avail the Services, the Guest shall follow the steps provided on the DBLC Platform and once the Biometric Authentication is complete, the Guest shall receive the confirmation from the Third-Party Service Provider.
(b) The Guest hereby agrees and understands that successful Biometric Authentication does not mean that the Guest may not be asked for documents and/or verification at a later stage or may not be denied check in and/ or entry (if applicable) by a Third-Party Service Provider. The same shall be subject to the Third- Party Service Agreement which the Guest shall be required to comply with and adhere to.
(c) DBLC shall have the right to vary, from time to time, the scope and features of the Biometric Authentication Service and the DBLC Platform without notice or consent from the Guest. 

3.10 The Guest hereby agrees and understands that their Personal Data and Guest Data shall be shared with third party providers (including third party applications and Third-Party Service Provider) in accordance with the Privacy Notice (which may also include accessing, validating and checking against the data held in third party providers and any governmental or non-governmental centralized data base used from time to time).

3.11 Third Party Applications: Guest may choose to use or procure third party applications in connection with Guest’s Use of the DBLC Platform.  Guest’s use or procurement of such third-party applications is subject solely to the Terms of Use between Guest and the relevant third-party provider and it is Guest’s sole responsibility to review any terms and conditions provided by the applicable third-party provider governing Guest’s use or procurement of any third-party application. DBLC is not responsible for any aspect of such third-party applications that Guest uses to connect to the DBLC Platform, or any interoperation, descriptions, promises or other information related to the foregoing. If Guest installs or enables third party applications for use with the DBLC Platform, Guest agrees that DBLC may enable such third-party providers to access and use Guest Data for the interoperation of such third-party applications with the DBLC Platform, which may include transmitting, transferring, modifying or deleting Guest Data, or storing Guest Data on systems belonging to the third-party provider(s) or other third parties. Any exchange of data or other interaction between Guest and a third-party provider is subject to the terms and conditions of Guest’s Terms of Use with such third-party provider (including those terms and conditions related to security and privacy) and DBLC shall not be responsible for any access to or use of Guest Data by third party applications or third-party providers. DBLC DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION (WHETHER RELATED TO SUPPORT, AVAILABILITY, SECURITY, PRIVACY OR OTHERWISE) AND FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS.  DBLC DOES NOT WARRANT ANY SUCH THIRD-PARTY APPLICATIONS. The Guest releases DBLC, DBLC and its Affiliate(s), directors, officers, employees, partners and agents from any claim, complaint, cause of action, controversy, dispute, damages (together “Claim”), known and unknown, relating to, arising out of, or in any way connected with any such Claim the Guest may have against third-party application or any other third-party provider related whether directly or indirectly to the DBLC Platform.

3.12 Service Disruption: DBLC does not guarantee that the DBLC Platform, or any content on it, will always be available or be uninterrupted.  Access to the DBLC Platform may be permitted on a temporary basis. DBLC may suspend, withdraw, discontinue or change all or any part of the DBLC Platform without notice.  We will not be liable to you if for any reason the DBLC Platform is unavailable at any time or for any period. DBLC will make commercially reasonable efforts to restore service as soon as practicable.

4.1 DBLC Platform: This Terms of Use does not grant to Guest any ownership interest in the DBLC Platform, Services, DBLC’s Marks and DBLC’s confidential information.  The DBLC Platform, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Guest relating to the DBLC Platform is proprietary to DBLC, and DBLC and/or its licensors have and retain all right, title and interest, including all Intellectual Property Rights therein including all updates, documentation, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by DBLC (and its licensors) for the purposes of these Terms of Use, DBLC Platform and Services, including any copies and derivative works of the foregoing. Guest acknowledges that any trademarks, trade names, logos, service marks, or symbols appearing on the DBLC Platform including DBLC’S Marks belongs to DBLC and/or its licensors, and that Guest has no rights therein. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the Guest regarding the DBLC Platform, including any right to obtain possession of any source code, data or other technical material relating to the DBLC Platform. All rights not expressly granted to Guest are reserved to DBLC. 

4.2 Guest License: Without prejudice to Clauses 2.1 and 2.2, the Guest Data and the Guest’s Confidential Information, and all worldwide Intellectual Property Rights therein, are exclusive property of the Guest. The Guest grants DBLC a non-exclusive, worldwide, irrevocable (except as otherwise set forth in the Privacy Notice), royalty-free, transferable, sub-licensable license to:

(a) download, store, test, process and use the Personal Data and Guest Data as necessary for purposes of availing the Services; for the Intended Purpose; in accordance with the Privacy Notice; and fulfilment of the related project; and providing and improving the DBLC Platform; and
(b), Guest Data with third party providers including Third Party Service Providers in accordance with the Privacy Notice.  

4.3 In case the Guest Data contains any third-party data (if applicable), the Guest shall ensure that the third-party grants the license mentioned in Clause 4.2 (Guest License) to DBLC and its Affiliates with respect to such Guest Data which forms part of the DBLC Platform.

5.1 Each Party represents, warrants and undertakes to the other Party that this Terms of Use has been duly authorized and upon execution will constitute a valid and legally binding Terms of Use enforceable against it in accordance with its terms, conditions and provisions;

5.2 The Guest agrees that any use of the DBLC Platform contrary to or in violation of its representations and warranties in this clause and the Terms of Use constitutes unauthorized and improper Use of the DBLC Platform. The Guest represents, warrants and undertakes to DBLC that, as of the Effective date:

(a) the Guest is entering into this Agreement, in its personal capacity.
(b) it has the power to enter into this Terms of Use, access and use the DBLC Platform, use the Biometric Authentication Services and other Services.
(c) The Guest Data shall not: 

i. infringe or misappropriate any third party’s Intellectual Property Rights; 
ii. be deceptive, defamatory, obscene, pornographic or unlawful; 
iii. contain any viruses, worms or other malicious computer programming codes or similar intended to damage DBLC Platform; and 
iv. otherwise violate the rights of a third party (including under Applicable Data Protection Laws). 

(d) shall not and shall not attempt to engage in any activity that attempts to spoof, bypass, or otherwise circumvent the Biometric Authentication methods employed by the DBLC Platform, including but not limited to the use of fake, altered, or manipulated biometric data, such as fingerprints, facial images, iris scans, voice recordings, or other biometric identifiers. This includes, without limitation, the use of photos, videos, 3D models, artificial intelligence, deepfake technologies, or any other fraudulent means to impersonate, deceive, or mislead the DBLC Platform’s Biometric Authentication systems.
(e) possesses and shall maintain, in full force and effect during the Term, all authorizations, permissions, licenses and consents (whether issued by a regulating authority or otherwise) required for availing the Services under this Terms of Use, use of the DBLC Platform, including legal, technical and operational, and for complying with the requirements of all Applicable Laws.
(f) shall be solely responsible, as against DBLC, for procuring, maintaining and securing access to the DBLC Platform, and using the DBLC Platform and all network connections and telecommunications links from the DBLC Platform;
(g) is in the best position to ascertain any likely loss it may suffer in connection with this Terms of Use, that it is therefore responsible for making appropriate insurance arrangements to address the risk of any such loss.
(h) A confirmed or alleged breach of any warranty  attributable to the Guest shall constitute a material breach of this Terms of Use, entitling DBLC to immediately suspend the access and rights of the Guest and/ or terminate this Terms of Use for material irremediable breach and the Guest shall indemnify DBLC and its Affiliates from any loss or damage suffered by DBLC and/or any of its Affiliates arising out of or in connection with such breach, including any fines levied or imposed on DBLC and/or any of its Affiliates;
(i) shall work co-operatively and proactively with all DBLC and DBLC’s Affiliates and other interested entities (including governmental authorities and corporations) as agreed with DBLC for availing the Services under this Terms of Use;
(j) none of the Guest Data, contains any untrue or inaccurate information or omits to state any fact the omission of which makes any such information to be misleading. 
(k) it is solely responsible for any and all obligations with respect to the accuracy, updating, uploading, quality and legality of Guest Data or any Personal Data submitted by the Guest. 
(l) it shall ensure that any information provided to DBLC the Guest Data is complete and accurate on the date it is submitted for the Intended Purposes via the DBLC Platform, and it is fit for the Intended Purpose, not infringing any third party’s Intellectual Property Rights; will comply with and fulfill all instructions received from DBLC in connection with this Terms of Use and the use of DBLC Platform; 
(m) will not and will ensure that any third party will not, misuse, abuse or otherwise do any unauthorised act with respect to the DBLC’s confidential information.
(n) uses its genuine identity throughout the Biometric Authentication process and the Guest Data, Personal Data provided or uploaded by the Guest via the DBLC Platform is accurate and complete in all respects.

5.3 DBLC Limited Warranties

DBLC warrants to the Guest that:

(a) The DBLC Platform will perform substantially in accordance with the material functional specifications as defined by DBLC from time to time and when used on the recommended operating system.
(b) DBLC will use commercially reasonable efforts to identify, and remove or neutralize viruses or other malicious code that could have an adverse effect on Guest’s use of the DBLC Platform. 

5.4 Warranty Limitations: The warranties provided by DBLC under this Terms of Use (if any) do not apply, and DBLC shall not be liable, for any breaches of warranty resulting from:

(i) errors or misuse by the Guest’s operators;
(ii) Guest’s hardware or operating system failures;
(iii) the combination of the DBLC Platform with products or services not provided by DBLC;
(iv) Use of any portion of the DBLC Platform in a manner not permitted or contemplated by this Terms of Use; or
(v) use of an outdated version of the DBLC Platform or failure to install all available updates. Except as otherwise provided in this Terms of Use, DBLC expressly disclaims all representations and warranties (express or implied), obligations and liabilities arising by law or otherwise, including but not limited to any warranty of merchantability, non-infringement, title, or fitness for a particular purpose. DBLC will not be liable for any damages of any kind, including but not limited to damages for lost, inaccurate or incomplete Data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including but not limited to contract or tort (including products liability, strict liability and negligence), and whether or not DBLC was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein.

5.5 The Guest shall make its own independent assessment and rely on its own judgment in reaching any conclusions or decisions with respect to providing the Personal Data or any information, Use of the DBLC Platform. 

5.6 DBLC makes no representation or warranty, express or implied, and shall not be responsible or liable to the Guest, in respect of: 

(a) a. the Guest’s access and Use of the DBLC Platform and all its related services, including any security breach arising from the Guest’s Use of the DBLC Platform; or
(b) the availability (or non-availability) of the DBLC Platform; or
(c) for determining whether the DBLC Platform is sufficient for Guest’s compliance with any Applicable Laws.

5.7 Disclaimers

(a) EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS CLAUSE AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, DBLC AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY REGARDING DATA BREACHES, UNAUTHORISED ACCESS, OR IMPERSONATION ACCIDENTS INVOLVING BIOMETRIC AUTHENTICATION, USER’S ACTIVITY ON THE PLATFORM, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DBLC AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT, PLATFORM, CONTENT, SUPPORT, SERVICES OR OTHER DELIVERABLES (IF ANY) PROVIDED BY OR ON BEHALF OF DBLC WILL SATISFY USER’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE DEFECTS WILL BE CORRECTED. EXCEPT (A) THE SERVICES PROVIDED BY PLATFORM ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, TIMELINESS, SECURITY, DURABILITY, INTEGRABILITY OR ACCURACY, AND (B) USER ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE OF THE PLATFORM AND ITS OWN AUDIT APPROACH OR METHODOLOGY;

(b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DBLC, ANY OF ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS WILL INCREASE THE SCOPE OR OTHERWISE ALTER THE TERMS OF ANY WARRANTY EXPRESSLY STATED IN THIS TERMS OF USE OR CREATE ANY NEW REPRESENTATIONS, WARRANTIES OR CONDITIONS.

(c) TO THE EXTENT THAT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS CANNOT BE FULLY DISCLAIMED AND EXCLUDED UNDER APPLICABLE LAW AS CONTEMPLATED BY CLAUSE 5.5, THEN ANY DIFFERENT OR ADDITIONAL LEGALLY REQUIRED WARRANTIES, REPRESENTATIONS OR CONDITIONS, SHALL BE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF SERVICES PERFORMANCE, AS APPLICABLE.

5.8 Indemnity: The Guest shall indemnify, defend, and hold harmless DBLC, its personnel, representatives and its Affiliates (the “Indemnified Persons”) from and against any and all claims, damages, liabilities, losses (including any loss of, or damage to, any property of, or injury to or death of, any person) and costs and expenses of any kind whatsoever (including the legal costs and any other professional adviser’s fees, costs of investigation, litigation, settlement, judgment, interest, penalties, fines and remedial actions incurred in connection with defending against any of the foregoing or in enforcing this indemnity) incurred or suffered by the Indemnified Persons arising from or in connection with this Terms of Use, or infringement of Intellectual Property Rights including that of third-party, or violation of an Applicable Law  including  any willful or negligent act or omission by the Guest or its personnel, representatives or subcontractors and/or any breach by the Guest of this Terms of Use or Applicable Laws or arising directly or indirectly out of the performance by the Guest of its obligations under this Terms of Use, including any breach of the representations and warranties given by the Guest in this Terms of Use and/or of the Applicable Data Protection Laws. The right of DBLC to be indemnified under this clause is in addition to, and not exclusive of, any other right, power or remedy provided by law or under this Terms of Use.

5.9 DBLC may not under any circumstances whether because of a reason arising under this Terms of Use or any other theory of liability be liable to the Guest for:

(a) any special, consequential, indirect, secondary or penal damages of any type; and
(b) any loss of profit or proceeds, loss of revenue, loss of reputation, loss of business, loss of time, inconvenience, mental anguish, emotional distress or psychological trauma or loss of business opportunity, loss of anticipated savings and the like arising from or in connection with any breach of this Terms of Use, whether under contract, tort or otherwise, whether foreseeable or not and regardless whether the Guest had been advised of the possibility of such loss or damage. 

6.1 Internet Exclusion: THE PLATFORM MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. USER ACKNOWLEDGES AND AGREES THAT DBLC AND ITS AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G. HACKERS), MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE USER DATA, WEBSITES, COMPUTERS OR NETWORKS. DBLC SHALL NOT BE RESPONSIBLE FOR PREVENTION OR EFFECTS OF SUCH ACTIVITIES.

6.2 Guest responsibility: USER ASSUMES ALL RESPONSIBILITIES AND RISKS REGARDING THE RESULTS OBTAINED THROUGH USE OF THE PLATFORM AND ITS USE THEREOF, AND ANY DECISIONS OR ADVICE MADE OR GIVEN TO ANY PARTY BASED ON THE USAGE OF THE PLATFORM. DBLC AND ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS AND SUPPLIERS ARE NOT ENGAGED IN RENDERING AUDITING, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL OR EXPERT ADVICE OR SERVICES AND ARE NOT RESPONSIBLE FOR HOW THE PLATFORM IS USED, THE RESULTS AND ANALYSIS DERIVED BY USER BY USE OF THE PLATFORM AND ANY DECISIONS THE USER MAY TAKE BASED ON USER’S USAGE OF THE PLATFORM.

6.3 Damages Exclusion: EXCEPT FOR BREACH OF DBLC’S INTELLECTUAL PROPERTY OR PRORIETARY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY BREACH BY USER OF THE LICENSE OR USAGE RESTRICTIONS OF THIS TERMS OF USE, BREACH BY USER OF DATA PRIVACY OBLIGATIONS AND  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DBLC OR USER, NOR THEIR RESPECTIVE AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS OR SUPPLIERS, SERVICE PROVIDERS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSS OF SALES, PROFITS, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY EXEMPLARY, PUNITIVE OR SPECIAL LOSS OR DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE, RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS TERMS OF USE, THE PLATFORM, CONTENT, SUPPORT OR ANY SERVICES RENDERED HEREUNDER, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION (WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, STATUTE OR OTHERWISE).

6.4 Limitation of liability: Only on an alternative basis, in the event that the liability cannot be excluded by law, the entire and collective liability of DBLC and its Affiliates, distributors, agents, subcontractors  and suppliers, arising out of or related to this Terms of Use, the DBLC Platform, its access, Use, contents, support or, or any other cause whatsoever, including without limitation on account of performance or nonperformance  of obligations under this Terms of Use, regardless of the form of the cause of action, whether in contract, tort (including without limitation negligence), statute or otherwise, shall in no event exceed AED 500 (Five Hundred UAE Dirhams). The limitation of liability under this Section will be applied to the maximum extent permitted by applicable law. 

6.5 Exclusive Remedy: To the maximum extent permitted by Applicable law, and subject to the compliance by the Guest of the terms of the Terms of Use, the sole, exclusive, and entire liability of DBLC and its Affiliates, distributors, agents, subcontractors and suppliers, and Guest’s sole, exclusive, and entire remedy, with respect to any actual or claimed breach of this Terms of Use shall be termination of the Terms of Use by the Guest. 

This Terms of Use will be governed by and construed in accordance with the laws of the Emirate of Dubai (excluding DIFC) and Applicable Laws of the United Arab Emirates as the case maybe. All disputes or claims arising out of or in connection with this Terms of Use or any breach of this Terms of Use will, unless settled amicably, be settled by the Dubai Courts (as established pursuant to Dubai Law No.3 of 1992 and referred to in Dubai Law No.13 of 2016) who will have the exclusive jurisdiction to resolve the dispute.