Dubai, 20.02.2023
Please read these terms and conditions carefully before using Our Service.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
These General Terms and Conditions govern the provision of all services from or on behalf of the Contractor to the Client and apply to all legal relationships between the Contractor and the Client. These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client.
We may collect and process your Information when you make an inquiry with us or fill out an Application. Your Information will be held by us in compliance with the UAE’s data protection laws. In addition we may disclose your Information to third parties in response to a legal request, such as a court order or lawful demand by a UAE government authority, to report illegal activity, or to enforce our rights or defend claims.
The client is obliged to disclose to us all relevant Information. This includes UBO information in compliance with the AML Regulations. You are also obliged to update us on any change to UBO information. This applies whether you incorporate an FZCO or register a Branch Office.
We may ask you, in our discretion, to provide such further information, in any such form or content, as we require.
When you make an Application, a security check via the UAE Authorities is conducted on each proposed natural person shareholder, each director and the general manager. We will supply the UAE Authorities with all relevant Information about you that we have collected. Our acceptance of any persons in these roles, and the Application itself, is subject to this check being approved.
An Application may be rejected at the discretion of the relevant authorities.
If your Application is approved, you will receive your incorporation or registration documentation via email for electronic signature. You must check your Application carefully including, without limitation, the activities that have been approved for your Licence. It is your responsibility to check the terms of issue of the Licence including the activities. Your electronic signature on the incorporation or registration documentation is deemed to constitute your acknowledgement and consent to all particulars of the Application including the activities on your Licence.
By submitting the Application for a Business set up the client agrees that all future enquiries shall go through the contractor.
By accepting these General Terms and Conditions, you also agree to the General Terms and Conditions of IFZA.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Company, and any person put forward by the Company to perform the Services, shall not be liable if the services provided by it under the Services are rejected by the Authority or any third party.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“AML Regulations” means UAE Cabinet Decision No. (10) of 2019 Concerning the Implementing Regulation of Decree Law No.20 of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organisations.
“Application” means an application, including any enquiries pertaining to making an application, to register a Business with IFZA Dubai.
“Memorandum and Articles of Association” means the memorandum and articles of association of an FZCO.
“Business'' means the specific economic activity carried out by an FZCO or Branch Office under the terms of its Licence.
“Business Day” means a day other than a Saturday or Sunday when the main clearing banks in Dubai are open for a full range of business banking transactions.
“Client” means the organisation or company with whom the Contract is entered into.
“Confidential Information” means any information related to the Engagement disclosed by the Client to the Consultant and by the Consultant to the Client, respectively, either directly or indirectly.
“Establishment Card” means the identity card issued for your Business through the Emirate of Dubai to enable your Business to obtain Visas and utility services (e.g. telecommunications and power and water utilities) and bank accounts.
“EST Regulations” means UAE Cabinet of Ministers Resolution No.31 of 2019 Concerning Economic Substance Regulations.
“Force Majeure” means any cause beyond the reasonable control of the affected party, including, but not limited to, any act of God, war, riots, acts of the public enemy, fires, strikes, labour disputes, accidents, or any act in consequence of compliance with any order of any government or governmental authority.
“Free Zone Regulation” means the applicable rules and regulations in the Dubai Silicon Oasis Free Zone including, without limitation, the Implementing Regulation for Free Zone Companies issued pursuant to Law 16 of 2005 of the Emirate of Dubai.
“FZCO” means a free zone limited liability company incorporated and licensed in IFZA Dubai under Free Zone Regulation. IFZA Dubai means the International Free Zone Authority area within Dubai Silicon Oasis, Dubai.
“Immigration Law” means UAE Federal Law No. 6 of 1973 as amended by UAE Federal Law No.13 of 1996 and regulations and orders issued thereunder.
“Information” means any and all information, data or identifying information, including personal data, provided by or on behalf of an applicant.
“Labour Law” means UAE Federal Law No.8 of 1980 as amended. Law means all applicable laws and regulations of the UAE and the Emirate of Dubai.
“Licence” means a Licence issued to an FZCO or Branch Office under Free Zone Regulation.
“Services” means the services provided by Capatt Services however occasioned and includes the processing of an Application by IFZA Dubai any use of the IFZA Dubai and Capatt Services website or mobile app.
“Terms and Conditions”' means these terms and conditions as the same may be modified or amended from time to time by Capatt Services.
“UAE” means the United Arab Emirates.
“UBO” means ultimate beneficial ownership as that term is used in the AML regulations.
“Visa” means a residence visa and, if applicable, employment visa as issued under the Immigration Law.
we, us or our refers to Capatt Services.
you or your refers to the client or any person making an application to or otherwise using the services of Capatt Services.