Copyright ©
2023
DIFC. All rights reserved.
1. Agreement
1.1 Leap Platforms (DIFC) Ltd (collectively referred to in these Terms of Use as "Leap", "we", "us", "our"), is a Private Company, established in the Dubai International Financial Centre.
1.2 Leap owns and operates the internet website at leapbydifc.com, app.leapbydifc.com, and talent.difc.ae (the "Website"). By accessing and using the Website, you are expressly consenting to these Terms of Use that are effective as of the date and time you use or access the Website (the "Terms"). Please read these Terms carefully before accessing or using the information and services available through this Website.
1.3 These Terms will constitute a legal agreement between "you" (the user of the Website) and Leap. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using the Website.
1.4 These Terms may be modified or revised at any time without notice. By using this Website you are agreeing to be bound by the then current version of the Terms. If you do not agree with any of the Terms or any change to the Terms, then you must immediately stop using the Website.
1.5 Advertisers providing content for the Website are also subject to additional terms and conditions. Advertisers providing content for the Website agree to be bound by these Terms, including the additional terms set out in Clause 5.
1.6 Please refer to our Privacy Policy in Clause 6 and Cookies Policy in Clause 7 for information about how we use your data.
2. Use of Website Content
2.1 All information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, "Website Content") is provided to you as a service to allow you and other users to browse the Website Content.
2.2 Except as provided otherwise in Clause 4, you are only permitted to access and use the Website for your personal, non-commercial purposes, and you must not:
(a) Modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
(b) use the Website in violation of any applicable law or regulation;
(c) use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Leap or others or violate the privacy, publicity or other personal rights of others;
(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
(e) access data not intended for you or logging into a server or account which you are not authorised to access;
(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(g) copy or adapt the code created to generate any Website Content or the pages making up the Website;
(h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with Leap or any other person or entity;
(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;
(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(k) or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
2.3 You may download or copy the Website Content only for your own personal, non-commercial use, provided that you maintain and include all copyright and other notices contained in such Website Content. You shall not store electronically any portion of the Website Content. You may not copy, store, redistribute or publish any Website Content without the express written permission of Leap or the owners of the Website Content (as the case may be). Any unauthorized use or reproduction of the Website Content is strictly prohibited.
2.4 Leap is not responsible for any Website Content posted on the Website and reserves the right to change or remove any content it sees fit.
3. For Leap subscribers (Websites and App)
3.1 Leap owns and operates the Internet website at leapbydifc.com, which includes Leap Marketplace (the "Marketplace") and Leap Community (the "Community"), the Marketplace and Community platforms allow users to set-up an account for:
a) in relation to the Marketplace: a user interface, to connect and facilitate the buying and selling of services either by or for you; or
b) in relation to the Community: a user interface, to access one to one and group communication channels for networking and knowledge sharing purposes.
3.2 By accessing and using the Marketplace and/or Community, you are expressly consenting to the relevant Terms or User Agreements, including the terms and conditions outlined in this section that are effective as of the date and time you use or access the Marketplace and/or Community. Please read the Terms or User Agreements carefully before accessing or using the information and services available through the Marketplace and/or Community.
3.3 These Terms should be read in conjunction with any Provider Terms of Use, Buyer Terms of Use or User Agreement and any other document provided to you by Leap.
4. Leap Users and Marketplace and Community Content Providers
4.1 Marketplace or Community Users and Content Providers who access and use the information and services provided on the Website undertake the follow:
(a) grant Leap the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to commercialise, use, copy, reproduce, distribute, license to other persons, perform, display or modify and adapt the Website Content you generate or submit for any purpose;
(b) warrant that they are the holder of the rights in the Website Content that they post and are authorised to make the Website Content available;
(c) ensure that no other person, authorised or otherwise makes use of their access to the Marketplace or Community in breach of these Terms or the relevant User Agreement;
(d) ensure that the Website Content or other information they post is not unlawful or posted for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose Leap to any liability, legal proceedings or other sanctions;
(e) acknowledge that Leap is under no obligation to monitor or censor the material that appears on, or via, the Marketplace or Community (whether generated by you or others), however Leap reserves the right to do so and may penalise content which it deems unfit;
(f) acknowledge the disclaimers and limitation of liability contained in Clause 12;
(g) acknowledge that they are responsible for the security and integrity of their data and that Leap is not responsible for any errors or omissions in any Content that they provide or that is provided on their behalf;
(h) warrant that they will comply with all applicable laws, rules and regulations; and
(i) agree to comply with all reasonable instructions of Leap and all relevant laws in relation to their use of the Marketplace and/or Community.
5. Terms & Conditions for Advertisers
5.1 A person or entity that enters into an Advertising Agreement with Leap ("Advertiser"), expressly consents to these Terms, including the terms and conditions outlined in this section, by submitting advertising material to be posted onto the Website. These Terms should be read in conjunction with the Advertising Agreement and any other document provided to you by Leap or during the term of the Advertising Agreement.
5.2 Advertisers who submit material to be posted on the Website:
(a) Ensure that the material they submit is not unlawful or posted for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose Leap to any liability, legal proceedings or other sanctions;
(b) ensure that they do not make, arrange, or authorise the insertion of any reference to Leap or the Website in any document (including promotional or merchandising material) or any other website, without Leap's prior written consent;
(c) warrant that they will comply with all applicable laws, rules and regulations; and
(d) grant Leap the non-exclusive, worldwide, irrevocable, royalty-free, right to use, copy, reproduce, distribute, display or modify and adapt the advertising material you generate or submit, for any purpose;
(e) warrant that they are the holder of the rights in the material that they submit and are authorised to make the material available;
(f) permit any user of the Website to access, display, view, store and reproduce the material submitted by the Advertiser;
(g) agree to comply with all reasonable instructions of Leap and all relevant laws in relation to the advertising material they submit;
(h) acknowledge that Leap is under no obligation to monitor or censor the material that appears on the Website (whether generated by you or others), however Leap reserves the right to do so and may penalise content which it deems unfit;
(i) acknowledge the disclaimers and limitation of liability contained in Clause 12; and
(j) acknowledge that they are responsible for the accuracy, authenticity and completeness of any advertising material they submit and that Leap is not responsible for any errors or omissions in any material that they provide or that is provided on their behalf.
6. Privacy Policy
6.1 Leap is subject to the Data Protection Law, DIFC Law No. 5 of 2020 (the "DP Law"), and may for certain types of personal data processing, be subject to laws from other jurisdictions. As such, it is the policy of Leap to respect the privacy of our Website. Whenever and wherever possible, Leap will treat the information you provide with utmost care and confidentiality, in accordance with the DP Law and any applicable laws.
6.2 The information provided by you will be processed in accordance with our Privacy Policy
7. Cookies Policy
A cookie is a small text file that is unique to the web browser on your computer or mobile device, which is used to retain user preferences, and enhance browsing experience ("Cookie"). Leap uses Cookies to track overall site usage and enables us to provide a better user experience. The use of Cookies is addressed in our Privacy Policy.
8. External Links
The Website may contain links to other websites on the Internet that are owned and operated by third parties (the "External Sites"). These links are provided solely as a convenience to you and not as an endorsement by Leap of the contents on such External Sites. You acknowledge that Leap is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party websites, you do so at your own risk. Leap does not accept any liability, and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the content of another website to which you may link from the Website.
9. Intellectual Property
Except as otherwise expressly stated, Leap owns or is an approved licensee to the copyright and all other intellectual property contained in the Website, and the Website Content, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Leap, unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior written authorization of Leap, except for the sole purpose of identifying the products or services originating from Leap.
10. Indemnity
You agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys' fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: your use of this Website (including, by third parties); your breach of these Terms or any other terms referenced herein your violation of any law or the rights of a third party.
"Indemnified Parties" means Leap, its affiliates (including any parent companies) and their respective officers, directors, owners, agents, employees, information providers and copyright owners.
11. Termination of Service
Leap reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability. Leap may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database or Website Content without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2, 3, 4, 5, 6, 7, 8, 9 and 11 of these Terms. Except as otherwise expressly stated in these Terms, Leap shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
12. Disclaimers of Warranties & Limitation of Liability
12.1 The Website and the Website Content is provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice. Leap makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on the Website, which is subject to change at any time without notice.
12.2 The Website and the Website Content are provided on an "AS-IS", "without faults" and "as available" basis and, to the extent lawful, with no warranties whatsoever. Leap expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
12.3 Leap and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in any way connected with, the use or inability to use the Website, or the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Leap is advised of the possibility of such damages.
12.4 Without limiting the above Clause 12.3, Leap does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Owner, Agent, Advertiser or third party advertiser in any way.
12.5 The material appearing on our Website may include technical, typographical or photographic errors. Leap does not represent, warrant or endorse that any of the Website Content is accurate, complete, reliable or current. Leap may make changes to the materials contained on the Website at any time without notice. You acknowledge that any reliance upon such Website Content shall be at your sole risk.
12.6 Leap is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.
12.7 Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favouring by Leap. The views and opinions of document authors do not necessarily state or reflect those of Leap or any of its affiliates.
13. General
13.1 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.
13.2 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
13.3 These Terms as well as your access to the Website is subject to and governed by the laws of the DIFC in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding these Terms or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the DIFC Courts
