Terms and Conditions
1. About Our Terms
1.1 These Terms explain how You may use the Tejouri digital vault service (the "Service") accessible via the website https://tejouri.com (the “Website”). These Terms also cover Your use of the Website. For the purpose of these Terms, where We use the term Service, this includes the use of the Website.
1.2 You should read these Terms carefully before using the Service.
1.3 By indicating Your consent to these Terms by ticking the consent box as part of the account registration process, You hereby agree to be bound by these Terms and the documents referred to in them. You hereby agree that these Terms have been executed electronically and that the electronic execution of these Terms is the same as handwritten signatures for the purposes of validity, enforceability and admissibility under applicable law.
means information (whether or not recorded in documentary form or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of Us and information provided to You in relation to, or for the purposes of providing, the Service including, without limitation, Personal Data, technical data and know how, trade secrets, intellectual property rights, computer software, computational methodologies and decisional analysis, facilities, costs, operations and maintenance procedures, strategic, tactical and negotiating information, information supporting litigation or administrative proceedings, client lists and databases and other financial, technical or commercial information relating to Us, Our affiliates, suppliers and/or Licensors;
"Data Protection Laws"
means: (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a party is subject, including the DIFC Data Protection Law (Law No. 5 of 2020) (and related regulations, as amended from time to time); and (b) any code of practice or guidance published by the DIFC Data Protection Commissioner or other applicable regulatory authority from time to time;
means any document (or part thereof) in the formats set out on the Website (such formats including Docx, jpeg, mp4 and mp3) and uploaded by You on the Service;
has the meaning given to such term in clause 4.1;
“Intellectual Property Rights”
means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);
means the Know-Your-Customer checks to be conducted on You and any Recipients;
means the owner of the proprietary rights and interest in and to any software which We have a licence to use and/or integrate with the Service
“Our”, “Us”, “We”
means DIFC Courts;
means the encryption key created by You and used by You to encrypt Your digital vault;
means the person(s) identified by You via the Service who will be eligible to receive the Documents;
has the meaning set out at the top of these Terms and Conditions and covers the provision of 1 GB of Document storage space;
has the meaning given to such term in clause 19;
means these Terms and Conditions of use as updated from time to time under clause 21; and
“You”, “Your” or “Yourself”
means the person who has created an account to use the Service.
2. Registering and Creating an Account
2.1 To use the Service, You will be required to register and create an account. To register and create an account, You will need to undertake the following steps on the Website:
2.1.1 complete the registration details;
2.1.2 submit the Know-Your-Customer (KYC) information in the format set out on the Website; and
2.1.3 complete the email ID and mobile number verification process.
2.2 During the account creation process, You may be required to take additional steps to authenticate Yourself, including providing additional identifying or verifying information.
2.3 You hereby acknowledge and agree that only once You have completed all the above listed steps and paid Your Fees will You be able to use the Service. We may, at Our sole discretion and without explanation, cancel or suspend the account creation process.
2.4 You hereby warrant, represent and undertake that the information provided as part of the account creation process is true and accurate in all respects.
3. Using the Service
3.1 You agree that You are solely responsible for:
3.1.1 uploading any and all Documents on the Service and ensuring that all such Documents are complete, accurate, legible, up-to-date and in the correct format at all times during the Term;
3.1.2 removing any Documents from the Service (except in the circumstances set out in clause 19);
3.1.3 uploading Your profile details and KYC information on the Service and ensuring that these profile details and KYC information remain up-to-date at all times during the Term;
3.1.4 uploading the details of all Recipients on the Service and ensuring that these Recipient details remain up-to-date at all times during the Term;
3.1.5 all costs and expenses You may incur (including Fees) in relation to Your use of the Service;
3.1.6 all aspects of account security, as more particularly described in clause 11;
3.1.7 ensuring that You have taken all reasonable and necessary precautions to protect Your computer systems and the Service from harmful and/or destructive content, such as viruses, worms and trojan horses;
3.1.8 keeping Your password(s), Your Pass Key and other account details secure and confidential; and
3.1.9 ensuring that Your use of the Service from any location outside the UAE is in compliance with all applicable local laws.
3.2 We do not take any responsibility for any Documents or other information which has been uploaded by You to the Service and We do not guarantee that any such Documents or information is compliant with our Terms and any applicable laws, nor are We able to confirm the accuracy of any such Documents or information. You hereby warrant, represent and undertake that You are the owner of, and/or have all rights, consents, permissions, approvals and authorisations to upload the Documents and any other information (including Recipient details) to the Service.
3.3 We reserve the right, at our sole discretion, to:
3.3.1 make any modifications to the Service at any time;
3.3.2 remove any Documents uploaded by You to the Service and return those Documents to You;
3.3.3 amend the Fees chargeable for use of the Service (if any); and
3.3.4 change, suspend or discontinue all or any aspect of the Service,
at any time without prior notice or liability.
3.4 We seek to make the Service as accessible as reasonably possible. If You have any difficulties using the Service, please contact Us email@example.com.
4.1 At the time of account creation, You will be asked to pay the fees for Your use of the Service (“Fees”). The Fees are payable by credit card. We process the credit card payment via a third-party secure payment processing service. The Fees are non-refundable and are exclusive of any taxes, including value added taxes, or other charges which shall be separately chargeable in addition to the Fees.
4.2 By paying the Fees, You warrant, represent and undertake that all payment information You provide to Us is true and correct (including, without limitation, Your card payment information and name), that any card transactions submitted by You are authorized, and that You are the legal holder of any card used to pay the Fees. If, in Our sole discretion, We determine that: (i) Your means of payment are not valid; (ii) a transaction is not authorized; (iii) Your means of payment cannot be processed or verified at the time of any charge; or (iv) a charge is disputed for any reason, We reserve the right to immediately terminate any pending transactions, suspend Your access to the Service, and/or terminate all of Our obligations hereunder.
4.3 By paying the Fees, You consent to receiving email communications from Us regarding Your transaction, including purchase receipts, notices, or transactional messages. You agree that all agreements, notices, disclosures, and other email communications that We provide to You electronically satisfy any legal requirement that such communications be in writing, and that You may retain copies of these communications for Your record keeping purposes. Further, You acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and paper copies of receipts will not be provided.
5.1 By using the Service, We may contact You during the Term to provide You with information about the Service, including new features and functionality. We may also send You marketing communications about the Service.
6. Permitted Use
6.1 You are only permitted to use the Service for Your own internal purposes, for the Service’s intended purpose and in accordance with the Service’s intended functionality. All other use without Our prior written consent is prohibited, including without limitation:
6.1.1 using the Service for any purpose relating to the design, programming, implementation or operation of any alternative or competing product or service, whether used for internal purposes or made available to others;
6.1.2 making the Service available to any other person or incorporating the Service into any other service or website operated by You or by any other person;
6.1.3 uploading digital assets (including cryptocurrencies); or
6.1.4 using the Service to provide similar functionality or services to any other person.
6.2 You must not use the Service in violation of any applicable law or regulation and You should always carefully consider what You are planning to upload on the Service.
7. Release of Documents to Recipients
7.1 As part of the Service, We will, in the circumstances listed below, release Your Documents to the Recipients. You hereby acknowledge and agree that the role of a Recipient of any Document differs from a beneficiary under any of the Documents uploaded on the Service.
7.2 We will only release Your Documents to the Recipients in the following circumstances:
7.2.1 A search request has to be filed online via the Service along with the copy of the UAE death certificate, if applicable, and the applicable fee has been paid to Us; and
7.2.2 Death Registered within the UAE: Following the filing of the search request in accordance with clause 7.2.1 above, and the verification of a UAE death certificate, a notification will be sent to You via SMS and email. A follow-up notification will be sent weekly for a period of 4 weeks and, if there is no response from You after 4 weeks, then the Recipient(s) will be notified to complete the Recipient KYC requirements. Once the Recipient KYC requirements are completed by the Recipient(s), and subject to DIFC Courts Registry approval, the Recipient(s) will receive a link to access the assigned Documents; or
7.2.3 Death Registered outside the UAE: Following the filing of the search request in accordance with clause 7.2.1 above, a notification will be sent to You via SMS and email. A follow-up notification will be sent weekly for a period of 4 weeks and, if there is no response from You after 4 weeks, then the Recipient(s) will be notified to complete the Recipient KYC requirements. Once the Recipient KYC requirements are completed, and subject to DIFC Courts Registry approval, the Recipient(s) will receive a link to access the assigned Documents.
8. Ownership, Use and Intellectual Property Rights
8.1 The Service, and all related Intellectual Property Rights including but not limited to any Website content, are owned by Us, our Licensors or both (as applicable). We, and Our Licensors, reserve all Intellectual Property Rights in connection with the Service. This means, for example, that We and Our Licensors remain owners of all such Intellectual Property Rights and are free to use them as We and they see fit.
8.2 Nothing in these Terms grants You any legal rights in/to the Service other than as necessary to enable You to access and use the Service. You hereby agree not to circumvent or delete any notices contained on the Service (including any Intellectual Property Rights notices) and, in particular, in any digital rights or other security technology embedded or contained within the Service.
9.1 Software may be made available for You to download in order to help the Service work better or to assist You in Your use of the Service. You may only use such software if You agree to be bound by the terms and conditions that apply to such software. You will be made aware of any terms and conditions that apply to the software when You try to download it. If You do not accept such terms and conditions, You will not be allowed to download the software and this may affect Your use of the Service. You should read any terms and conditions carefully to protect Your own interests (they may contain provisions that set out what Your legal rights are, what Your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to You).
9.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
10. Service Support
10.1 We will provide You with Service support to assist You with using the Service. Service support will be accessible via, and on the terms set out on, the Website.
11. Account Security
11.1 You are responsible for maintaining the security of Your account, Your password and Your Pass Key and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account and Your use of the Service.
11.2 You are solely responsible for Your Pass Key. If Your Pass Key is lost or forgotten, We cannot assist You with recovering that Pass Key. In such circumstances, We will provide You with a single opportunity to reset the Service and generate a new Pass Key. Please note that resetting the Service will result in the deletion of Your Documents and You will be required to upload Your Documents again to the Service.
11.3 You must immediately notify Us of any unauthorised use of Your account, including any unauthorised use of Your username, password and/or Your Pass Key or any other breaches of security by emailing firstname.lastname@example.org. You will provide Us with all reasonable assistance to document, investigate and mitigate the effects of any unauthorised use of Your account or other breaches of security.
12. Accuracy of Information on the Website and Availability of the Service
12.1 While We try to make sure that the information on the Service is accurate and up-to-date and the Service is free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Service will be fit or suitable for any purpose. In particular, We do not guarantee the suitability of the Service for Your particular requirements.
12.2 While We try to make sure that the Service is available for Your use, We do not promise that the Service is available at all times nor do We promise the uninterrupted use by You of the Service.
13. Hyperlinks and Third Party Sites
The Service may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that We endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
14. Limitation on Our Liability
14.1 The service is provided to you on an “as is” basis, without warranty of any kind. To the maximum extent permitted by applicable law, we hereby disclaim all warranties, express, implied, statutory or otherwise, including, without limitation, implied warranties of fitness for a particular purpose, marketability, title, quality, and non-infringement. We expressly disclaim any warranties of any kind with respect to the accuracy or functionality of the service, or the accuracy, validity, or completeness of any information available through the service.
14.2 In no event shall we, our processors, suppliers, or licensors (or our or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of, the service (including, without limitation, any failure to provide documents to recipients in accordance with these terms). Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service. These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.
14.3 Subject to clauses 14.1 and 14.2 above, our maximum aggregate liability under or in connection with these Terms and Our provision of the Service (including, without limitation, as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to a sum equal to the total Fees paid by You for Your use of the Service.
15.1 You hereby 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: (a) Your use of this Service; or (b) Your breach of these Terms or any other terms referenced herein or (c) Your breach of any applicable laws or Your violation of the rights of a third party.
15.2 For the purposes of these Terms, "Indemnified Parties" means Us, Our affiliates, Our suppliers and Our Licensors, and their respective officers, directors, owners, agents, employees, contractors, information providers and copyright owners.
16. Events Beyond Our Control
We shall have no liability to You for any breach of these Terms caused by any event or circumstance beyond Our reasonable control including, but not limited to: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; pandemic or epidemic; or flood, fire, explosion or accident.
17.1 To the extent that You receive any Confidential Information from Us pursuant to these Terms or otherwise through Your use of the Services: (i) You agree to protect the Confidential Information from unauthorized dissemination and use using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care; (ii) You will not use the Confidential Information for purposes other than those necessary for Your use of the Services; and (iii) except as expressly permitted under these Terms, You will not disclose to any third party Our Confidential Information without Our prior written consent.
18. Data Protection
19. Term and Termination
19.1 Subject to Your payment of the Fees, and Your compliance with these Terms, You will be able to use the Service for a period of 25 years commencing on the date of Our payment receipt confirming that the Fees have been successfully paid, unless Your use of the Service is otherwise terminated earlier in accordance with these Terms (the “Term”).
19.2 We may, at any time and at Our sole discretion, terminate Your account and/or restrict, suspend or terminate Your access to all or any part of the Service for any reason without prior notice or liability. Notwithstanding such termination or suspension, You will continue to be subject to these Terms. We shall not be liable to You or to any third party for any modification, termination, suspension or discontinuation of the Service.
19.3 If You wish to terminate Your account, You must notify Us via the Service and then exit the Service. Prior to exiting the Service, You will be provided with the option to download Your Documents.
19.4 Subject to clause 19.3 above, and following termination of Your account, for any reason, or the expiry of the Term, whichever is earlier, We will delete all of Your Documents. Your Documents cannot be recovered once deleted. If We terminate Your account, or prior to the expiry of the Term, We will notify You of the option of downloading Your Documents.
20. Rights of Third Parties
No one other than a party to these Terms has any right to enforce any of these Terms.
This version of the Terms are dated 05 December 2022. No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.
22.1 We shall apply the Terms in our absolute discretion. In the event of Your breach of these Terms, any terms or policies to which they refer or any applicable law, We reserve the right to terminate or suspend Your use of the Service and/or take any action We consider necessary to remedy the breach.
22.2 A decision to terminate or suspend Your use of the Service under clause 22.1 above can be appealed by following the procedure set out in clause 23 below.
22.3 No refunds of any sums paid to Us will be made if use of the Service is terminated or suspended under clause 22.1 above.
23.1 We will try to resolve any disputes with You quickly and efficiently using Our complaints handling procedure.
23.2 If You and We cannot resolve a dispute using Our complaint handling procedure, We will:
23.2.1 let You know that We cannot settle the dispute with You; and
23.2.2 give You certain information required by law about how to seek recourse to further the dispute should You wish to do so
23.3 Please note that these Terms, their subject matter and formation, are governed by the laws of the Dubai International Financial Centre (DIFC). You hereby agree that the DIFC Courts will have exclusive jurisdiction relating to any dispute about these Terms, their subject matter and formation.