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BY COMPLETING A REGISTRATION FORM OR BY SUBMITTING A QUESTION TO BE ANSWERED THROUGH THE EMIRATES RECOVERY INC. SERVICE YOU ARE ACCEPTING AND WILL BE BOUND BY THESE TERMS AND CONDITIONS TO THE EXCLUSION OF ANY OTHER TERMS AND CONDITIONS:
1. INTERPRETATION
In these Terms and Conditions, the following words and phases shall bear the following meanings:
"EMIRATES RECOVERY INC." is a Limited company whose Company Registration Number is _______
"User" means the person or body to whose application EMIRATES RECOVERY INC. provides the Service under these Terms and Conditions and who shall at the time of using the Service be admitted as a solicitor of the Court of Dubai, UAE and surrounding areas of the Middle East region who shall hold a valid practicing certificate issued by the Law Society of the said locations.
"Service" means the EMIRATES RECOVERY INC. service from time to time and includes, where the context so requires or admits, any database, service or facility comprised in the Service from time to time
"User Software" means any software used by or available to the User for accessing the Service
"Data" means any data, information, advice or opinion given by any barrister or legal consultants, or other material in any medium which is communicated or transmitted to a User by the Service
"Order Confirmation" means the confirmation of an order placed by the User for the Service in the form used by EMIRATES RECOVERY INC. from time to time
"Invoice Date" means the date on which an invoice is issued by EMIRATES RECOVERY INC. to the User and is determined by the date shown at the top of the invoice and not by the date of posting or receipt by the User
"Host Service" means the central computer, computers or computer network on which the Service and/or Data is stored and/or from which the Data is accessed by the User
"Fee" means the fee stated on the EMIRATES RECOVERY INC. internet website from time to time and confirmed on the Order Confirmation as the fee payable by each User for accessing the Service on each occasion
"Terminal Equipment" means equipment which enables the User to access the Service
2. PROVISION OF AND ACCESS TO THE SERVICE
2.1 Subject to the terms hereof EMIRATES RECOVERY INC. shall provide the User with the Service.
2.2 The Service is a facility by means of which matters involving research into specific points of law or legal practice may be referred by a User through EMIRATES RECOVERY INC. to a practicing barrister or legal consultant or brokers, provided always that :-
(a) EMIRATES RECOVERY INC. will make a charge of the Fee for the use of this facility by the User;
(b) the facility may be withdrawn at any time and the rights of the User to access the facility shall always be entirely at the discretion of EMIRATES RECOVERY INC.;
(c) Data shall be provided on an unattributed basis and EMIRATES RECOVERY INC. can accept no liability whatever for the accuracy or appropriateness of the responses and accordingly Users using the Service or facility do so at their own risk;
(d) the Service is limited to the provision of unattributed replies consistent with the fee, from barristers to or legal consultant or brokers questions submitted by Users and each comprising not more than 300 words only relating to one area of law or practice;
(e) it is intended that whenever possible EMIRATES RECOVERY INC. shall deliver replies by e-mail to questions raised by Users of the Service within 24 hours of receipt by EMIRATES RECOVERY INC. of such questions ( not including Saturdays, Sundays and Public Holidays)
2.3 EMIRATES RECOVERY INC. may allocate to the User such passwords and other identifiers as it thinks fit and may alter these from time to time upon reasonable notice being given to the User. Any password is issued for the use of a User only and is not transferable, and shall be kept strictly confidential. The User agrees to indemnify EMIRATES RECOVERY INC. against any consequences arising from the use or misuse of a password or unauthorized access or use of the Service by any third party.
2.4 Except with the prior written consent of EMIRATES RECOVERY INC. the User shall not permit any third party to use the Service on the User's behalf.
2.5 Terminal Equipment shall be of a type which may be lawfully connected in Canada to the public switched telephone exchange system. The User shall be responsible for the operation and condition of any Terminal Equipment, User Software and for all Internet connections.
2.6 EMIRATES RECOVERY INC. accepts no liability whatsoever for the inability of the User to access the Service due to failure or incompatibility of any kind between the Terminal Equipment and/or the User Software and the Service, or poor or disrupted telephone and/or Internet connections or electricity supply, or disruption to other communication facilities (including any internal or external network services), or for any interruption or break in the Service or access to the Service due to any technical failure of the Terminal Equipment, the User Software or the Host Service.
2.7 EMIRATES RECOVERY INC. reserves the right without notice to (a) alter the arrangements for access to the Service or (b) change the content, presentation and/or facilities of the Service. EMIRATES RECOVERY INC. will endeavor to give the user reasonable notice of any alterations or changes which are likely to adversely affect the User or constitute a reduction in the service.
3. COPYRIGHT AND PERMITTED USE
3.1 The copyright in the Data is and remains the property of EMIRATES RECOVERY INC.
3.2 The User may only use copies of the Data for the purposes of intended research by it and its employees and will not redistribute or re-sell the Service or the Data without the prior written consent of EMIRATES RECOVERY INC. The User will use all reasonable endeavors to credit EMIRATES RECOVERY INC. as the source of the Data on any dissemination or use of the Data.
3.3 The User shall use all reasonable endeavors to ensure that such of its employees as from time to time have access to the Service comply with the terms of this Clause 3.
3.4 The User acknowledges that the way in which it interprets or uses the Data is dependent upon the exercise of its own skill and judgment.
3.5 The User warrants that the Data shall not under any circumstances be presented to the User's client as being counsel's advice or opinion. If counsel's opinion is required, it must be obtained in the usual way. An advice or opinion from a barrister who has answered a question put using the Service, in respect of which the barrister concerned will accept liability in the usual way, is available at additional cost on request.
4. CHARGES
4.1 The User shall pay the Fee and other charges for the provision of Service as stated on the Order Confirmation and shall notify EMIRATES RECOVERY INC. in writing immediately of any change of address of the User.
4.2 All charges shall be calculated by reference to the details of usage recorded by EMIRATES RECOVERY INC. and not by any apparatus or means used by the User and any invoice issued in relation to those charges by EMIRATES RECOVERY INC. shall be binding and conclusive save in cases of manifest error.
4.3 EMIRATES RECOVERY INC. reserves the right to increase fees and charges on prior written notice to the User at any time.
4.4 The User will be responsible for all Internet connection charges and utility charges.
4.5 All invoices for the Service are payable by the User within 30 days of the Invoice Date. If the User fails to pay any charges when due then EMIRATES RECOVERY INC. shall be entitled at its discretion to levy interest on all outstanding amounts due at a rate of four per cent above HSBC Bank Plc base rate calculated on a daily basis.
4.6 All charges are exclusive of Value Added Tax, which will be added to the User's bill.
5. EXCLUSION OF LIABILITY
5.1 Neither EMIRATES RECOVERY INC. nor its agents (which for this purpose shall include any barrister, legal consultants or brokers who has provided an answer to a question put using the Service) make any representation or give any warranty, either express or implied, as to the accuracy or fitness for any purpose of any Data received by means of the Service.
5.2 Neither EMIRATES RECOVERY INC. nor its agents (which for this purpose shall include any barrister who has provided an answer to a question put using the Service) shall have any liability whatsoever to the User for any loss (including indirect or consequential loss) damage cost or expense suffered or incurred (whether arising in tort, contract or otherwise, and whether arising from the negligence of EMIRATES RECOVERY INC. or its employees or agents (which for this purpose shall include any barrister who has provided an answer to a question put using the Service) and whether asserted against EMIRATES RECOVERY INC. or against the User) arising directly or indirectly out of the use or supply of the Service or the Data and all warranties express or implied which are inconsistent with this paragraph 5 are hereby expressly excluded.
5.3 The User shall indemnify EMIRATES RECOVERY INC. and the barrister, legal consultants or brokers who has provided an answer to a question put using the Service against all costs claims demands or expenses incurred by or made against EMIRATES RECOVERY INC. or such barrister as a result of any breach by the User of these Terms and Conditions and/or as a result of any claims made by any third party against EMIRATES RECOVERY INC. or such barrister arising out of any reliance on or use of any Data supplied/received by means of the Service.
6. THIRD PARTY DATA
6.1 Certain Data comprising the Service from time to time may be provided by EMIRATES RECOVERY INC. acting as agents for third party database owners ("Third Party Data"); EMIRATES RECOVERY INC. will provide Users with details on request. The User acknowledges that all copyright, trade marks and other intellectual property rights subsisting in Third Party Data remains the property of such Third Party Data owners or their licensors.
6.2 The User further acknowledges that EMIRATES RECOVERY INC. has no means of monitoring or verifying Third Party Data and can accept no liability for its accuracy or completeness or for its continued availability. Any queries or complaints about Third Party Data must be taken up by the User direct with Third Party Data suppliers.
7. FORCE MAJEURE
EMIRATES RECOVERY INC. shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond EMIRATES RECOVERY INC.'s reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment or failure or defects in any hardware or software owned or supplied by third parties.
8. SERVICE OF NOTICE
Any notice to be given to either party by the other shall be in writing and delivered by hand or pre-paid post to the parties at one of the following addresses: To EMIRATES RECOVERY INC.: its registered office address from time to time. To the User: at the address at which the Service is provided or the address of the User shown on the User's last invoice or any address subsequently notified in writing by the User to EMIRATES RECOVERY INC.
9. APPLICABLE LAW
These Terms and Conditions shall be construed in accordance with the Laws of Canada / UAE and shall be subject to the non-exclusive jurisdiction of the UAE and Canadian courts.
10. VARIATIONS
EMIRATES RECOVERY INC. may vary or amend these Terms & Conditions by giving the User written notice thereof at any time and save in this respect no variation of these Terms and Conditions shall be affective. Neither EMIRATES RECOVERY INC. nor the User may vary or amend these terms and conditions in so far as they purport to confer a benefit on a barrister, legal consultants or brokers who has provided an answer to a question put using the Service without the written consent of all the barristers currently retained to provide answers to questions put using the service and any barrister, whether currently retained or not, who may be affected thereby.
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