TERMS OF USE FOR THE CONTINUING LEGAL AND PROFESSIONAL DEVELOPMENT WEBSITE (TERMS OF USE)

PLEASE READ CAREFULLY BEFORE ACCESSING THE WEBSITE OR SERVICES

Disclaimer and Acknowledgement

THIS SITE IS MANAGED AND OPERATED BY KWINTESSENTIAL ARABIA FZE (KWINTESSENTIAL).

IT CONTAINS CONTENT AND ALLOWS BOOKING OF CONTINUING LEGAL PROFESSIONAL DEVELOPMENT (CLPD) TRAINING COURSES ADMINISTERED BY KWINTESSENTIAL. SUCH TRAINING COURSES ARE INTENDED TO SATISFY THE CLPD REQUIREMENTS OF THE GOVERNMENT OF DUBAI, LEGAL AFFAIRS DEPARTMENT (THE LAD) FOR LEGAL CONSULTANTS AND ADVOCATES PRACTISING IN THE EMIRATE OF DUBAI.

BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT KWINTESSENTIAL IS SOLELY RESPONSIBLE FOR ANY OBLIGATIONS SET FORTH IN THIS TERMS OF USE AND THE ACCOMPANYING PRIVACY POLICY.  THEREFORE, BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THIS  TERMS OF USE AND THE ACCOMPANYING PRIVACY POLICY DO NOT CREATE ANY OBLIGATION, RESPONSIBILITY OR CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE LAD,  AND THAT ANY CLAIM, COMPLAINT AND/OR LIABILITY WITH RESPECT TO A BREACH OF THESE TERMS OF USE AND/OR THE PRIVACY POLICY SHALL BE SOLELY BETWEEN YOU AND KWINTESSENTIAL.

HOWEVER, IT IS INTENDED, AND YOU AGREE, THAT THE LAD MAY BE ENTITLED (AS A THIRD PARTY BENEFICIARY UNDER THIS TERMS OF USE) TO ENJOY THE BENEFIT OF CERTAIN DISCLAIMERS AND LIMITATIONS SET OUT BELOW.

Kwintessential provides through the CLPD website located at https://training.legal.dubai.gov.ae (the Website) a platform providing information and enrolment opportunities for accredited CLPD training courses offered in the Emirate of Dubai for which registered legal consultants and advocates can enrol via this Website, along with accompanying Content (collectively referred to as the Services).

This Terms of Use explains the terms on which you may use the Website and the Services.

By accessing, using, and/or registering for the Website and/or Services you hereby agree that you have read, understand, and shall abide by all of the terms and conditions as set forth in these Term of Use.

For the avoidance of doubt, you will enter into a separate contract and be subject to other terms and conditions in relation to your participation in the CLPD training itself and in relation to your payment for such CLPD training.

Neither the LAD nor Kwintessential accept any payments or payment information from you, and you must not attempt to provide the LAD or Kwintessential with any payment in relation to the Services nor in relation to the CLPD training or otherwise. All payments for CLPD training are to be made via a Third Party Payment Services Provider (as defined below) under separate payment terms to be entered into between you and the Third Party Payment Services Provider as is explained further below. PLEASE NOTE THAT YOUR PERSONAL INFORMATION AND PAYMENT DATA MAY BE TRANSMITTED AND PROCESSED OUTSIDE OF THE UNITED ARAB EMIRATES BY SUCH THIRD PARTY PAYMENT SERVICES PROVIDER.

If you enrol in and/or book to attend any training course listed on this Website, the separate terms and conditions on this page will apply (the Training Terms).  You will be asked to accept the Training Terms prior to being able to book and/or attend any such training course. In relation to payment for all such training courses, the payment terms and conditions are located at on this page (the Payment Terms). You will be asked to accept the Payment Terms prior to being able to pay for any training course. You hereby acknowledge and agree that the payment website is not run by the LAD or us and that any issues relating to payment must be addressed to the Third Party Payment Services Provider NBAD.

The privacy policy terms for this Website are subject to and incorporated by reference into this Terms of Use (collectively, this Agreement). The privacy policy explains how we collect and process your personal information (none of which should include any payment or financial information whatsoever, so please do not attempt to provide us or the LAD with such information). Please note that the Website is publicly accessible and any and all content you post to the Website may be accessed by members of the public. This does not include your personal information used to register for the Website. You will find our privacy policy here on this page.

If you do not agree to abide by this Agreement, please do not access the Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement and other applicable terms and conditions and that they comply with them in all respects.

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. The terms Kwintessential, we, us or our(s) hereunder refer to Kwintessential Arabia FZE and its affiliates and the terms user, you and your hereunder refers to the user visiting and accessing the Website and/or Services. Please see the registration section for further information about users.

Content means text, documents, statements, information, photographs, drawings, questions, answers, contact details, recommendations, and any and all other materials of any nature whatsoever in whatever form or format which is available via the Website and/or Services and whether created by us, the LAD or by any third party.

The terms of this Agreement apply to  the entire  Website and all the Services, unless explicitly stated that separate terms apply, in which case those terms apply.

We provide you with a limited license to use the Website and the Services on the basis of this Agreement. We do not sell the Website or the Services, nor confer any ownership rights thereunder, to you. Please refer to the statement under the heading Intellectual Property Rights for further information.

YOU ARE SOLELY RESPONSIBLE FOR DECIDING ON THE APPROPRIATENESS (OR OTHERWISE) OF ANY TRAINING COURSE AND FOR DECIDING WHETHER OR NOT TO BOOK AND PAY FOR TRAINING COURSES AND WHETHER OR NOT TO ENTER INTO THE TRAINING TERMS, THE PAYMENT TERMS OR ANY OF THEM. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER USE OF THE THIRD PARTY PAYMENT SERVICES IS APPROPRIATE, SAFE AND SECURE.

GEOGRAPHICAL RESTRICTIONS

The Website and Services are directed at people residing in the United Arab Emirates only. We do not represent that either the Website or the Services are appropriate or available in other locations. We may at any time limit the availability of the Website and/or Services to any person or geographic area in our absolute discretion. If you attempt to, or do, access the Website and/or the Services from outside the United Arab Emirates (UAE), you will be making unauthorised use of the Website and Services and agree to fully indemnify us and the LAD in respect of any liability arising as a result of such access outside the UAE. Please refer to the Limitation of Liability and Indemnification Section for further information.

SYSTEM REQUIREMENTS

We do not guarantee the Website or Services will be bug or virus free nor do we guarantee any minimum uptime or service levels in relation to the Website or Services. From time to time the Website and Services may be updated in accordance with the relevant sections set out below. Depending on the update, you may not be able to use the Website or Services (or any part thereof). Please see the Intellectual Property Rights section below for further information on how you are permitted to make use of the Website, Content and Services.

NO WARRANTIES OR ENDORSEMENTS

The Website and Services are provided subject to all of the terms set forth in this Agreement.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY OTHERWISE APPLY TO THE WEBSITE AND/OR THE SERVICES WHETHER EXPRESS OR IMPLIED.

WE DO NOT WARRANT that either of the Website or the Services, or any part thereof will be:

• constantly available, or available at all;
• correct, complete, true, suitable, up to date, or accurate;
• free of defects or errors.

The Website and Services contain Content uploaded or otherwise provided by or related to third parties. Such Content is not in any way endorsed by the LAD and does not constitute the opinion or advice or services of the LAD, the Government of Dubai or of any individuals employed or otherwise associated with the LAD or the Government of Dubai.

LIMITATION OF LIABILITY AND INDEMNIFICATION

THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL WE NOR THE LAD NOR ANY OF OUR AFFILIATES BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES, NOR FOR ANY LOSS OR DISCLOSURE OF DATE OR LOSS OR DAMAGE TO REPUTATION OR GOODWILL (COLLECTIVELY DAMAGE) WHATSOEVER (EVEN IF SUCH DAMAGE IS FORSEEABLE) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES OR ANY RELIANCE THEREON. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICES IS TO STOP USING THE WEBSITE AND SERVICES.

AS SET OUT ABOVE, NEITHER WE NOR THE LAD ARE RESPONSIBLE FOR PROVIDING THE THIRD PARTY PAYMENT SERVICES. THE USE OF THE THIRD PARTY PAYMENT SERVICES IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL WE NOR THE LAD NOR ANY OF OUR AFFILIATES BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, LOSS OR DISCLOSURE OF DATA, FEES, FINES, PENALTIES OR LIABILITIES, NOR FOR ANY LOSS OF REPUTATION OR GOODWILL (COLLECTIVELY DAMAGE) WHATSOEVER (EVEN IF SUCH DAMAGE IS FORSEEABLE) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE PAYMENT SERVICES OR THE PAYMENT GATEWAY WEBSITE NOR FOR ANY RELIANCE THEREON BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PAYMENT GATEWAY SERVICES IS IN RELATION TO THE THIRD PARTY PAYMENT SERVICES PROVIDER WHO YOU CAN CONTACT HERE

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON THE WEBSITE OR ON ANY OTHER WEBSITE LINKED TO THE WEBSITE (INCLUDING THE THIRD PARTY PAYMENT WEBSITE) OR BY REASON OF ANY DISCLOSURE OF SUCH MATERIAL OR DATA BY ANY THIRD PARTY (INCLUDING THE THIRD PARTY PAYMENT SERVICES PROVIDER).

You agree to defend, indemnify and hold us, and our affiliates, officers, directors, employees, representatives, successors, assigns and agents, and their licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, expenses, costs, actions, demands, liabilities, judgments, and settlements, including reasonable legal fees, resulting from or alleged to result from your use of this Website and/or the Services, and/or any violation of the terms of this Agreement, the Training Terms and/or the Payment Terms.

We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the Website and/or Services and all negotiations for settlement or compromise.  You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

NEITHER WE, THE LAD NOR ANY OF OUR AFFILIATES ASSUMES LIBAILITY OR RESPONSIBILITY FOR THE CONTENT OR SERVICES SUPPLIED BY YOU OR ANY THIRD PARTIES (INCLUDING THE THIRD PARTY PAYMENT SERVICES PROVIDER AND THIRD PARTY TRAINING PROVIDERS) NOR FOR THE CONTENT OF WEBSITES FOR WHICH WE PROVIDE LINKS. SUCH THIRD PARTY CONTENT AND LINKS SHOULD NOT BE INTERPRETED AS ANY ENDORSEMENT BY US OR THE LAD OF THAT CONTENT, THOSE THIRD PARTIES OR THOSE LINKED WEBSITES OR THIRD PARTY SERVICES.

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR THE LAD MAKE ANY WARRANTY, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE WEBSITE, ANY RELATED SOFTWARE, OR OTHER PRODUCTS, SERVICES, INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE AND/OR THE SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED BY THE WEBSITE AND/OR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT TRANSMITTED THROUGH THE WEBSITE AND/OR SERVICES. WE MAY, AT ANY TIME, LIMIT YOUR USE OR DISCONTINUE THE WEBSITE AND/OR SERVICES (OR ANY ASPECT THEREOF) ENTIRELY AT OUR SOLE DISCRETION.

Nothing in the Agreement excludes or limits our liability for death or personal injury as a result of our negligence or in any other way which is prohibited by applicable law.

PAYMENT

GENERAL

If you decide to enrol in a CLPD training course via the Website, you may be required to purchase and use credits (each a Credit). A Credit means a credit to the value of AED 200, or multiples thereof, which can be redeemed for use on the Website in order to pay the fees for CLPD training courses (as more specifically set forth in Training Terms.

If you decide to purchase a Credit, you will be leaving this Website and will be directed to visit an internet payment gateway (the Payment Gateway) for the purposes of entering your payment information and completing the payment process. You acknowledge and agree that the Payment Gateway is owned and operated by a third party (the Third Party Payment Services Provider), and that you may be subject to additional terms and conditions by and between you and the Third Party Payment Services Provider for the purposes of completing the payment transaction (the Payment Terms). You hereby acknowledge and agree that any Payment Terms are strictly between you and the Third Party Payment Services Provider, and that neither Kwintessential nor the LAD (nor any affiliates) shall in any way be responsible or liable for any breach of the Payment Gateway Terms by the Third Party Payment Services Provider.

CARDHOLDER DATA

You hereby acknowledge and agree that we do not receive, store, nor transmit any of your cardholder data or payment data in relation to any transaction carried out on the Payment Gateway, and that any and all cardholder and/or payment data is received, stored and/or transmitted only by the Third Party Payment Services Provider. We may keep a copy of sales records for our purposes of bookkeeping and/or financial audit.  Any sales records we keep or store will not include any of your cardholder or payment data. You acknowledge and agree that the handling of sales records shall be in accordance with the privacy policy located on this page. We will, at our discretion, destroy your sales records when we deem it no longer necessary or appropriate to store.

NO EXCHANGES, REFUNDS OR RETURN OF CREDITS

You acknowledge and agree that, in accordance with the Training Terms located on this page, there are no exchanges, refunds and/or returns accepted for the purchase of Credits.  All sales are final.  If you believe you have been charged in error, or if you have not received the proper Credits after completing a payment transaction on the Payment Gateway, you must contact Kwintessential at The Government of Dubai Legal Affairs Department, Dubai Legal Professional Development Centre Al Hudaiba Awards Building (M) Floor Block C Jumeirah Road Al Hudaiba, Dubai, UAE Tel: +971 4 353 3337 no later than 48 hours and we will investigate accordingly.

DISCLAIMER REGARDING PAYMENT

THE PAYMENT GATEWAY IS MANAGED AND OPERATED BY THE THIRD PARTY PAYMENT SERVICES PROVIDER AND NOT KWINTESSENTIAL NOR THE LAD. BY ACCESSING THE PAYMENT GATEWAY, YOU ARE LEAVING THIS WEBSITE AND YOU ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY PAYMENT SERVICES PROVIDER IS SOLELY RESPONSIBLE FOR ANY OBLIGATIONS WITH RESPECT TO PROCESSING, PROTECTING, SECURING AND TRANSMITTING YOUR CARDHOLDER DATA AND/OR PAYMENT INFORMATION. THEREFORE, BY ACCESSING THE PAYMENT GATEWAY, YOU ACKNOWLEDGE AND AGREE THAT WE, THE LAD AND OUR AFFILIATES SHALL BE IN NO WAY RESPONSIBLE FOR ANY BREACH, DISCLOSURE AND/OR SECURITY INCIDENT INVOLVING YOUR CARDHOLDER AND/OR PAYMENT DATA, AND THAT YOUR USE OF THE PAYMENT GATEWAY DOES NOT CREATE ANY OBLIGATION, RESPONSIBILITY OR CONTRACTUAL RELATIONSHIP BETWEEN YOU AND KWINTESSENTIAL, THE LAD AND/OR ANY OF THEIR AFFILAITES IN RELATION TO PAYMENT OR ANY OF YOUR PAYMENT DETAILS.

YOU AGREE THAT NEITHER WE, THE LAD, NOR ANY OF OUR AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY BREACH OF SECURITY AND/OR DISCLOSURE INOVLVING YOUR CARDHOLDER AND/OR PAYMENT DATA OR FOR THE FAILURE BY THE THIRD PARTY PAYMENT SERVICES PROVIDER TO PROPERLY STORE OR SECURELY TRANSMIT ANY CARDHOLDER AND/OR PAYMENT DATA AND OTHER INFORMATION MAINTAINED OR TRANSMITTED BY THE PAYMENT GATEWAY.

ANY CLAIM, COMPLAINT AND/OR LIABILITY WITH RESPECT TO A BREACH OF SECURITY AND/OR DISCLSOURE OF CARDHOLDER DATA SHALL BE SOLELY BETWEEN YOU AND THE THIRD PARTY PAYMENT SERVICES PROVIDER. WE ARE NOT RESPONSIBLE FOR THE SECURITY AND/OR PRIVACY OF CARDHOLDER OR PAYMENT DATA THAT MAY BE ENTERED INTO, STORED AND/OR COMMUNICATED BY THE PAYMENT GATEWAY.

THE USE OF THE PAYMENT GATEWAY IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL WE, THE LAD, NOR ANY OF OUR AFFILIATES BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES, NOR FOR ANY LOSS OR DISCLOSURE OF DATA OR LOSS OR DAMAGE TO REPUTATION OR GOODWILL (COLLECTIVELY DAMAGE) WHATSOEVER (EVEN IF SUCH DAMAGE IS FORSEEABLE) ARISING OUT OF OR RELATING TO THE USE OR OPERATION OF THE PAYMENT GATEWAY OR ANY RELIANCE THEREON.

WE MAKE NO WARRANTY, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF THE PAYMENT GATEWAY, ANY RELATED SOFTWARE, OR OTHER PRODUCTS, SERVICES, INFORMATION OR CONTENT OBTAINED THROUGH THE PAYMENT GATEWAY OR ANY OTHER SITE AFFILIATED TO THE PAYMENT GATEWAY.

PLEASE NOTE THAT YOUR PERSONAL INFORMATION AND PAYMENT DATA MAY BE TRANSMITTED AND PROCESSED OUTSIDE OF THE UAE BY SUCH THIRD PARTY PAYMENT SERVICES PROVIDER.

INTELLECTUAL PROPERTY RIGHTS
Ownership

We own or are the licensee of all Intellectual Property Rights in the Website, Content and Services which are protected by UAE and international copyright, trademark and/or patent laws and treaties. All such rights are reserved. Intellectual Property Rights means intellectual property rights and includes computer and software code, scripts, design elements, graphics, logos, interactive features, artwork, text communication, and any other content that may be found on or in the Website created by us or on our behalf. All trademarks, service marks and trade names are owned, registered and/or licensed by us. You are not permitted to make any use of any of our trademarks, services marks or trade names.

No part of the protected materials available on or in the Website (including third party Content) may be copied, reproduced, translated or reduced to any electronic medium without permission.

Enforcement and protection of Intellectual Property Rights

If we discover that you have used any materials on the Website protected by Intellectual Property Rights belonging to us or the LAD in contravention of the terms of the license below or otherwise in breach of ours or the LAD’s rights, we, the LAD and any of our affiliates may bring legal proceedings against you, seeking monetary damages and an injunction, or any other equitable remedies, against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of materials in which we own or are the licensee of Intellectual Property Rights and that contravenes or may contravene the terms of this Agreement, you agree to immediately report this by email to CLPD@kwintessential.ae.

Limited License

In consideration of you agreeing to abide by the terms of this Agreement, we grant to you a non-transferable, non-exclusive, royalty-free, revocable license in the UAE to: (i) use this Website and the Services as herein set forth; (ii) copy and store this Website and the Services in your web browser cache memory; and (iii) print pages from this Website and the Services for your own personal and non-commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

We do not grant to you any other rights whatsoever in relation to this Website or the Services. All other rights are expressly reserved by us.

You acknowledge and agree that the rights in the Website and Services are licensed (not sold) to you, and that you have no rights in, or to, the Website or the Services other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the Website in source-code form. You agree that we cannot licence you to make use of Content generated by third parties and to which we do not have any rights of ownership or sub-licensing rights.

You are only entitled to access the Website and the Services in the UAE.

You are solely responsible for securing and backing up your communications and the content of your computer systems.

You undertake not to gain or attempt to gain any access to any aspect of the Website, the Services or the Content which you are not authorised to so access under the terms of this Agreement.

License Restrictions

You may use the Website, the Content and the Services only for your own personal, non-commercial purpose. You agree in relation to the Website, the Content and the Services and each one of them:

• not to copy them, except where such copying is incidental to normal use, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify them;
• not to make alterations to, or modifications of, the whole or any part of them, or permit them or any part of them to be combined with, or become incorporated in, any other programs;
• not to alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within them;
• not to disassemble, decompile, reverse-engineer, or otherwise attempt to gain access to the source code of them or create derivative works based on the whole or any part of them or attempt to do any such thing;
• not to provide or otherwise make them available in whole or in part (including object and source code), in any form to any person without prior written consent from us, other than as may be permitted under our linking policy set out here; and
• not to use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of them or any operating system;
• not to infringe our Intellectual Property Rights or those of any third party in relation to your use of them (to the extent that such use is not licensed by this Agreement);
• not to collect or harvest any information or data from them or our systems or attempt to decipher any transmissions to or from the servers running them; and
• not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind in relation to, or in connection with, them.

REGISTRATION

Certain sections of the Website require you to register. If registration is requested, you agree to provide us with accurate, complete and current registration information and you further agree to promptly update that information to keep it accurate, complete and current. Each registration is for a single person only unless specifically designated otherwise on the registration page.

The only permitted users, entitled to register and use the Website and Services are legal consultants  registered to provide legal services in the Emirate of Dubai and who are permitted to use the Website and Services subject to the terms of this Agreement and who may obtain access to CLPD training by entering into the Training Terms and Payment Terms with the relevant parties.

If you register as a legal consultant, in addition to the other terms set out in this Agreement and in your  registration form, you hereby warrant and represent to us and the LAD that:

• you are a registered legal consultant or advocate properly and currently licensed to practice as a legal consultant in the Emirate of Dubai; and

• you will at all times be in compliance with your legal consultant’s registration and licence requirements. In the event your legal consultant’s registration or licence to practice is revoked or amended you will immediately inform the LAD of the same and delete your registration.

In relation to all types of registered user: we do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network; or (c) access through a false, incorrect or borrowed identity or name. You are responsible for preventing such unauthorised use and for keeping your registration information confidential. We will not be responsible for any damage resulting from any unauthorised use or any other breach of security. You agree that we may suspend or terminate your access to the Website and Services, for any reason whatsoever, entirely at our own discretion, including if you provide any information that is inaccurate, incomplete or not current, or if we believe that such information is inaccurate, incomplete or not current, or you violate any of the terms of this Agreement.

If you know or suspect that anyone other than you knows your registration and access information you must immediately notify us at Level 41, Emirates Towers PO Box 31303, Dubai, UAE Tel:  +971 4 353 3337 CLPD@kwintessential.ae and provide us with all assistance to cancel your registration and prevent any unauthorised access.

Monitoring

We reserve the right to anonymously track and report, to our third party statistical service providers, your activity involving the Website and Services. By using the Website or any of the Services, you consent to us collecting and using technical information about the software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

NO UNLAWFUL OR PROHIBITED USE

You agree not to in any way make use of the Website or the Services in an unauthorised manner and warrant and represent that your use of the Website, Content and Services will not in any way:

• intimidate, harass or insult any other person or entity;
• contain any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit or otherwise objectionable, whether legally, morally or ethically objectionable;
• constitute, encourage, or provide instructions for a criminal offence of any nature, violate the rights of any person or entity or that would otherwise create liability or violate any local, federal, or international laws or regulation or in any way incite violence, civil unrest, terrorism, racial hatred or any other objectionable behaviour;
• contain any incorrect, inaccurate, misleading, untruthful or out of date information;
• purport to constitute legal advice or include words which are otherwise intended to be relied upon by other users;
• be critical of, or prejudicial to, the rights, interests or reputation of the Government of Dubai, the Emirate of Dubai, the Federal Government of the UAE or any person or entity associated therewith;
• be critical of Islam or any other religious belief;
• violate or infringe upon the confidentiality and/or the Intellectual Property Rights, rights of privacy, moral rights or any other proprietary right of any third party;
• constitute any advertising, solicitations (for funds, goods, services or otherwise), promotional materials, “junk mail,” “spam,” or any other commercial material, including business and charity solicitations;
• contain, install or promote any virus, worm, Trojan Horse, spyware, malware or other code designed to interrupt, destroy or limit the functionality of any computer hardware or software or telecommunication equipment; or
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your professional qualifications, your education, your knowledge and experience or your affiliation with any person or entity.

We reserve the right at all times to revoke or restrict your access to the Website and/or Services in our sole discretion for any other reason whatsoever.

You may link to our home page, provided you do so in a way that is fair, lawful, and does not damage or take advantage of our reputation or the reputation of the LAD. We reserve the right to withdraw this permission at any time. You must not establish a link to our Website, Content or Services in such a way to suggest any form of association, approval or endorsement on our part or on the part of the LAD.

THIRD PARTY CONTENT

This Website and the Services include content and links to information and services submitted by or on behalf of third party providers. We do not endorse or guarantee the accuracy, reliability, security, safety or appropriateness of any services, opinion, statement, information or material created, displayed, available or distributed through this Website or the Services. You acknowledge that by using this Website and/or the Services you may be exposed to information or service that is inaccurate or unreliable, insecure or unsafe and in this respect your use of the Website and the Services and your reliance on the Content (including any such third party information or material) and services linked to this website (including the payment and training services) is entirely at your own risk. Neither we nor the LAD will have any responsibility for the conduct of any user of this Website or third party whose services are accessible via this Website and we assume no liability for any lack of security, disclosure of data, mistakes, misstatements of law, defamation, libel, omissions, opinions, representations or anything else contained in any Content or resulting from services appearing on or available via the Website and/or Services.

We reserve the right but disclaim any obligation to monitor Content from users of this Website, or take any action to restrict any access to material displayed or distributed through this Website and/or the Services that violates this Agreement.

INTERACTIONS WITH OTHERS

You are solely responsible for your interactions with other users of this Website, and with third party’s offering or providing services (including the training service providers and third party payment service provider) which are accessible via this Website and/or the Services and with persons you meet through such users or providers. You understand and acknowledge that in the context of the Website and the Services we do not screen users or third party providers, inquire into their backgrounds or attempt to verify the information, services or any Content they provide. In all interactions with third party service providers or any other third party you make contact with or meet through this Website and/or the Services, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information and position. Any persons or businesses participation in or inclusion on the Website and/or the Services should not be construed as any sort of endorsement of such third party or its services by us, the LAD, the Government of Dubai or of any of their affiliates.

LINKS

This Website may contain links to web sites owned or operated by others. We have no control over these third party web sites, are not responsible for their content and make no representations about, or in any way endorse, any material or services available at such third party sites. Our inclusion of such links is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site. Once you follow a link to another web site, you are subject to the terms of use for that web site.

AT YOUR OWN RISK

Should you choose to register for any training or to make any payment or to otherwise disclose any of your personal details and/or credit card/bank details to any party (including the Third Party Payment Services Provider), or to enter into the Payment Terms or the Training Terms, you do so entirely at your own risk (and subject to those terms you have agreed with third parties) and we strongly encourage you to conduct your own due diligence and to make proper enquiries and obtain references and endorsements of such third parties from persons outside the Website.

In the event you decide to enter into the Payment Terms or Training Terms and are in any way unhappy with the services you receive thereunder, you must complain to the party with which you contracted.

If you wish to complain about this Website or the Services, please contact us, Kwintessential at CLPD@kwintessential.ae Level 41, Emirates Towers PO Box 31303, Dubai, UAE Tel: +971 4 353 3337.

TERMINATION OF USE

We may, in our sole discretion, terminate or suspend your access to and use of the Website and/or Services without notice, and for any reason, including violation of this Agreement or other conduct which we, in our sole discretion, believe is unlawful or harmful to us or others. In the event of termination, you will no longer be authorised to access or use the Website or Services and we will use any means available or necessary to enforce this termination.

CHANGES TO THIS AGREEMENT

We reserve the right, without any liability to you, to modify this Agreement without notice and at any time. Updated versions of this Agreement will appear on the Website and are effective immediately. You are responsible for regularly reviewing this Agreement and your continued use of the Website and/or Services following any modifications to this Agreement will be deemed as acceptance of any such modifications to this Agreement. If you do not accept and abide by the terms of this Agreement or any modification to it, you may not use this Website or download or use any of the Services or related software or content. Your use of this Website and the Services is at your sole risk and liability.

CHANGES TO THE PLATFOM AND SERVICES

We may update or alter the Website from time to time and may change the Services (including all Content) at any time. The Services (and Content) on the Website may be out of date at any given time, and we are under no obligation to update them. We do not in any way guarantee that our Website, the Services or any Content will be up to date, free from errors, inaccuracies or omissions or be fit for any purpose.

APPLICABLE LAW

This Agreement and your use of the Website and Services is governed by and shall be construed in accordance with the laws of the Emirate of Dubai and, where applicable, the Federal Laws of the UAE. Such laws will govern these disclaimers, terms and conditions and this Agreement, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to this Agreement, our Website and the Services at any time. You hereby irrevocably submit to the jurisdiction of the Courts of the Emirate of Dubai in relation to all disputes relating to the Website, the Services and this Agreement.

If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

NOTIFICATION OF OBJECTIONABLE CONTENT AND TAKE – DOWN

If you wish to object to any Content or Services on the Website which are provided by us, please do so immediately upon becoming aware of objectionable Content/Services and in writing to Level 41, Emirates Towers PO Box 31303, Dubai, UAE. Please ensure you clearly identify the Content/Services objected to and detailing the basis for your objection and the action(s) you request we take in relation to such Content/Services, and provide your full contact details to enable us to discuss with you and act appropriately upon any such objection. We will in all reasonable cases attempt to investigate objections and, if appropriate, remove the relevant Content/Services. However, as noted above, we not in any way liable for any third party service providers.

TERMS AND CONDITIONS FOR THE CONTINUOUS LEGAL PROFESSIONAL DEVELOPMENT TRAINING PROGRAM

• Definitions and Interpretation
  • In these terms and conditions:AED means dirhams, the lawful currency of the United Arab Emirates;Accredited CLPD Courses means the non-mandatory training courses comprised in the CLPD Program from time to time and selected by the Legal Professionals;CLPD Account means an account registered on the Website in the name of an individual Legal Professional or a Firm which shall store all information regarding Credit and booked Mandatory CLPD Courses;CLPD Program means the continuing legal professional development program implemented pursuant to the CLPD Regulations and comprised of the Training Sessions;CLPD Program Materials means any works and/or materials created, developed and/or prepared to facilitate the delivery of the Training Sessions, in whatever medium or format, including PowerPoint presentation slides, framework curricula and course descriptions for publication;CLPD Regulations means Administrative Resolution No (240) of 2015 Adopting the Continuing Legal Professional Development Bylaw for Legal Consultants in the Emirate of Dubai;Credit means a credit to the value of AED 200, or multiples thereof, which can be redeemed through the CLPD Account to pay the Fees for the Mandatory CLPD Courses;Fees means the fees notified on the Website from time to time, payable in respect of a Mandatory CLPD Course. For the sake of clarity, the Fees include tuition at the Mandatory CLPD Course and the provision of all relevant CLPD Program Materials;Intellectual Property Rights means all rights in inventions, patents, copyrights, design rights, trademarks, rights in databases and goodwill, trade secrets, know-how, confidential information and other industrial or intellectual property rights (whether registered or unregistered) and all applications for registration or renewal of the same anywhere in the world from time to time and all rights of equal or similar effect;

    Firm means a legal consultancy or advocacy firm registered in the Emirate of Dubai with the LAD;

    LAD means The Government of Dubai Legal Affairs Department, an entity established under Law No. 32 of 2008 and having its principal address at His Highness the Rulers Court, P.O Box 446, Dubai, United Arab Emirates;

    Legal Professional means a legal consultant or advocate who is admitted on the roll of practicing members in the Emirate of Dubai maintained by the LAD;

    Mandatory CLPD Courses means the core courses designated as mandatory by the LAD and comprised in the CLPD Program from time to time for delivery to Legal Professionals;

    Providers means any and all entities accredited by the LAD to provide and deliver the Training Sessions;

    Terms means these terms and conditions, as amended from time to time;

    Training Sessions means each of the Mandatory CLPD Courses and the Accredited CLPD Courses;

    Venue means the LAD facility located at the Mezzanine Level, Block C, Al Hudaiba Awards Building, at the corner of 2nd December Street and Jumeirah Beach Road in the Emirate of Dubai or such other venue as notified to attendees from time to time; and

    Website means the website https://training.legal.dubai.gov.ae.

  • In these Terms:
    • references to a person or party include an individual, a body corporate, a partnership and an unincorporated association of persons;
    • references to a Party to the Agreement include references to the successors or assigns (immediate or otherwise) of that Party;
    • the headings do not affect its interpretation;
    • the words include and including shall mean including without limitation;
    • Clauses 1.1 and 1.2 apply unless expressly defined or set out otherwise; and
    • if there is any conflict or inconsistency between a term in these Terms and a term in any other documents referred to or otherwise incorporated into the Agreement, the term in these Terms shall prevail to the extent of the conflict or inconsistency.
• THESE TERMS
  • Pursuant to the CLPD Regulations, it is mandatory for all Legal Professionals to participate in the CLPD Program.
  • These Terms shall apply as between Kwintessential (“we” and “us“) and Legal Professionals and Firms (“you“) in relation to the Mandatory CLPD Courses and, where applicable, the Accredited CLPD Courses, and the provision of all CLPD Program Materials.
  • Accordingly, in booking a Mandatory CLPD Course  through the Website, you:
    • confirm that you, or Legal Professionals employed by you if a Firm, are willing to participate in the Mandatory CLPD Course;
    • agree to pay the Fees; and
    • agree to be legally bound by and comply with these Terms.
  • We reserve the right to revise and amend the Terms from time to time.  You will be subject to the Terms in force at the time of booking a Training Session, unless any change to the Terms is required by law or a government or regulatory authority in which case the same will apply to Training Sessions you have booked.
• YOUR account, credit AND FEES
  • Mandatory CLPD Courses must be booked by you using the online system through the Website.  Please see Clauses 4 and 5 for further information.
  • In respect of Accredited CLPD Courses, the relevant Provider shall provide you with instructions for booking and paying for your selected Accredited CLPD Course(s).
  • Whether you are an individual Legal Professional or a Firm, you will be able to set up a CLPD Account with a username and password by visiting the Website and clicking on “Register”.
  • You must treat any such username and password as confidential and it is your responsibility to ensure they are kept secure.
  • After your CLPD Account has been set up you will be able to purchase Credit on the Website using the e-payment gateway. There is no maximum amount of Credit that can be purchased.
  • The Credit can be redeemed by booking a Mandatory CLPD Course  through your CLPD Account.
  • You will not be able to book a Mandatory CLPD Course(s) if you do not have sufficient Credit registered to your CLPD Account to satisfy the Fees for the relevant Mandatory CLPD Course(s).
  • We reserve the right to vary the Fees without notice. This will not affect those of you who have already booked a Mandatory CLPD Course at an agreed rate.
  • The value of any Credit purchased by you shall not be refunded under any circumstances.
  • All Training Sessions are subject to availability.
• Mandatory clpd courses –BOOKING BY AN INDIVIDUAL LEGAL PROFESSIONAL
  • If you are an individual Legal Professional, you can book Mandatory CLPD Course(s) by logging into your CLPD Account, purchasing the correct amount of Credit to satisfy the Fees for the Mandatory CLPD Course(s) you wish to attend and selecting the relevant Mandatory CLPD Course(s). After you click on the “Book” button you must follow the instructions step by step. You shall receive an email containing an electronic invoice in respect of all Credit purchased by you.
  • Within two (2) days’ of booking Mandatory CLPD Course(s), you will receive an email containing a confirmation of the booking, an electronic invoice and the welcome instructions.
• MANDATORY CLPD COURSES – booking by a firm
  • Some Firms may choose to set up a Firm CLPD Account to manage the Mandatory CLPD Courses attended by the Legal Professionals employed by it.
  • After the Firm has set up a CLPD Account in the name of the Firm it can purchase Credit which will be registered to the Firm’s CLPD Account. The Firm shall receive an email containing an electronic invoice in respect of all Credit purchased by it.
  • With this Credit the Firm shall redeem the Credit by booking a Mandatory CLPD Course through its own CLPD Account and allocating that Mandatory CLPD Course to the name of a particular Legal Professional.
  • Within two (2) days’ of booking Mandatory CLPD Courses(s), the allocated Legal Professional will receive an email containing the welcome instructions.
• YOUR INFORMATION AND WELCOME INSTRUCTIONS
  • We will need certain information from you for us to register and set up a CLPD Account for you. If you do not provide us with the requisite information, we will be unable to set up a CLPD Account for you and you will not be able to book or attend the Mandatory CLPD Courses.
  • If you provide incorrect or inaccurate information, we may not be able to  register and set up a CLPD Account for you.
  • After your CLPD Account has been set up, you are under an obligation to keep your personal and professional information registered to your CLPD Account complete, accurate and up to date. Any failure to do so by you may result in suspension and/or cancellation of your CLPD Account at our discretion.
  • Welcome instructions shall include an outline of the Mandatory CLPD Course, Venue details and map.  If the welcome instructions have not been received by you three (3) days prior to the date of the Mandatory CLPD Course, please call 00971 353 3337. We will not be held responsible for non-receipt of welcome instructions and refunds will not be issued under such circumstances.
• CANCELLATION AND RESCHEDULING BY US
  • At times it may be necessary for us to change the Mandatory CLPD Course content, Provider and/or Venue from those published. Whilst we will use our reasonable endeavours to provide notice of such changes at least three(3) days’ before the date of the Mandatory CLPD Course, we will not be held liable for any costs/losses incurred as a result of any such changes.
  • In addition, it may also be necessary on occasion to cancel a Mandatory CLPD Course, including where the minimum number of participants for a Mandatory CLPD Course has not been met. In the event a Mandatory CLPD Course is cancelled:
    • we shall endeavour to provide notice of such cancellation to you at least three(3) days before the date of the Mandatory CLPD Course;
    • your CLPD Account will be re-Credited with a sum equivalent to the Credit redeemed in respect of the cancelled Mandatory CLPD Course; and
    • you may redeem that re-Credited sum in respect of the same or a different future Mandatory CLPD Course.
• cancellation, re-scheduling and non-attendance by you
  • If you wish to cancel your booking of a particular Mandatory CLPD Course you must log into your CLPD Account and click “Remove”.
  • Provided that you cancel your attendance at a Mandatory CLPD Course in accordance with paragraph 8.1 above at least seven (7) days’ before the date of the relevant Mandatory CLPD Course:
    • your CLPD Account shall be re-Credited with an amount equivalent to the Fee payable in respect of that cancelled Mandatory CLPD Course; and
    • you may redeem that re-Credited sum in respect of the same or a different future Mandatory CLPD Course.
  • In the event you fail to give prior notice required under Clause 8.1, your Credit in respect of that Mandatory CLPD Course will be forfeited and you shall have no entitlement to be re-Credited, or to a refund of, the value of the Credit.
  • Refunds of the value of Credit purchased shall not be permitted in any circumstances.
• clpd program MATERIALSThe CLPD Program Materials shall be distributed at the Training Session, unless specifically stated otherwise in the welcome instructions.
• ACCREDITED CLPD COURSES
  • Accredited CLPD Courses may be listed on the Website.
  • The arrangements for booking and paying for an Accredited CLPD Course shall be at the discretion of the relevant Provider.
• ATTENDANCE AND ATTENDANCE CERTIFICATE
  • You are expected to arrive at least ten (10) minutes before the scheduled start time of a Training Session. If you arrive after the scheduled start time and the Training Session has commenced, we and the relevant Provider have discretion to refuse you entry to the Training Session. In the event your entry is refused, you shall have no entitlement to a refund of the Credit redeemed in respect of Mandatory CLPD Course and no entitled to a refund of any fees paid in respect of an Accredited CLPD Course.
  • At the end of each Training Session you must complete the feedback form provided to you and submit it to the relevant Provider in order for your attendance at the Training Session to be accredited to the CLPD Program.
  • After completing a Training Session you will receive an email containing an attendance certificate for the Training Session completed by you.
• LEGAL PROFESSIONALS OBLIGATIONSDuring the Training Sessions, you shall at all times observe and conform with all such guidelines, rules, regulations and directions as may be imposed on you by us, the LAD and/or the Providers from time to time for the administration of the Venue.
• DRESS CODE and standard of conduct
  • There is no dress code, however, most of you will choose to wear smart-casual clothing of business dress. National dress is welcome.
  • You are expected to behave in a professional manner before and during the Training Sessions and when exiting the Venue. This shall include switching off (or turning to silent mode) all electronic devices during the Training Sessions. Electronic video and/or audio recording is not permitted during any Training Sessions.
  • If it is deemed by the Providers that you are being disruptive to the Training Sessions or your behaviour is not conducive to the learning of the other attendees, we and the Providers reserve the right to remove you from the Training Session and the premises without any entitlement to a refund of the Credit in respect of a Mandatory CLPD Course or any entitlement to a refund of any fees paid in respect of an Accredited CLPD Course.  For the sake of clarity, if you are so removed from a Training Session, the Provider also has discretion to decide whether or not your attendance at the Training Session should be accredited to the CLPD Program.
• LANGUAGEMandatory CLPD Courses shall be run in both the Arabic and the English language. You should select the Mandatory CLPD Course in the language applicable to you at the time of booking. Accredited CLPD Courses shall be run in a language chosen by the relevant Provider in its absolute discretion.
• liability
  1.  The content of, views and/or opinions expressed at, the Training Sessions and in the CLPD Program Materials are provided for your personal information only. Neither the Training Sessions nor the CLPD Program Materials are intended to be completely comprehensive and seek only to provide a general overview of the subject matter for training purposes.  The Training Sessions and the CLPD Program Materials are not provided for the purpose of providing legal advice on any matter whatsoever.
  2. To the extent permitted by law, neither we, the LAD nor the Providers (who shall also be entitled to enforce the terms of this Clause 15), will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting or omitting to act in reliance upon the information, views or opinions provided at the Training Sessions or contained in the CLPD Program Materials, or arising from or connected with any error or omission in the CLPD Program Materials or presentation of the Training Sessions. Consequential loss shall be deemed to include, but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses.
  3. For the sake of clarity and subject to Clause 20,  neither the LAD nor the Providers are a party to these Terms and, to the extent permitted by law, shall have no liability whatsoever in respect of any matters referred to herein.