Last Updated; April 21, 2022
This is the terms and condition Agreement (“Terms of Use”) between client(s) (hereinafter referred to as “you”) and PROTOCOL33 (“PROTOCOL33” “we” “our”) of Boulevard Plaza Tower 2, Dubai, Office 2013, registration no. 1040795, a limited liability company creating and existing under the law of Emirates of Dubai. PROTOCOL33 is a crypto projects incubator and accelerator and it has been incorporated in partnership with the Private Office of His Highness Sheikh Hamdan Bin Ahamad Al Maktoum. PROTOCOL33 is a global organization developed by experienced and passionate entrepreneurs who have been experts in FinTech and blockchain industries for over a decade.
Please read this Terms of Use carefully as this governs your use of PROTOCOL33 services and it clearly explains the conditions to be followed. You can access PROTOCOL33 at https://protocol33.io/#The-Project. By visiting and accessing our PROTOCOL33 domain, you agree that you have read, understood and accepted all of the Terms of Use stipulated in this agreement and you are legally bound by these Terms of Use of service as well as our Privacy Policy, Cookie Policy and Anti-Spam Policy.
These Terms of Use may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
1.1. Legality - These Terms of Use constitute a legal agreement and creates a binding contract between you and PROTOCOL33
1.2. Eligibility – Any natural person who has attained the age of 18 with legal capacity and has sufficient authorization to enter into these Terms of Use and/or any legal entity which has sufficient authorization in order to enter into contract with PROTOCOL33.
1.3. Applicability - These Terms of Use applies to all visitors or users (client(s)) who visit our PROTOCOL33 domain and/or services under their personal and/or professional capacity; for instance;
- Users who access our website and/or mobile application or other services provided by us
- Our prospective client(s)s identified as such by us or our third parties
- Our registered users who are our client(s)
- Our suppliers and business partners
- Anyone else who interacts with us via call, email or visit us or otherwise interact with us
1.4. Supplementary Terms - These Terms of Use between you and PROTOCOL33 do not cover all rights and obligations. Therefore, the Privacy Policy, Cookies policy and all other agreements entered into separately between you and PROTOCOL33 are deemed to be considered as supplementary terms that are an integral part of these Terms of Use and shall have the same legal effect.
1.5. Changes to the Terms of Use – PROTOCOL33 Terms of Use are reviewed regularly and updated to the applicable laws and regulations. PROTOCOL33 reserves the right to change or modify these Terms of Use at its discretion at any time and it will notify the updated version at the top of this page. When an updated version of the Terms of Use is released, and if the Client(s) continues access to PROTOCOL33 means that the Client(s) agrees and consents to the updated content of the Terms of Use. THEREFOR, YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS OF USE TO ENSURE YOUR UNDERSTANDING OF THE TERMS OF USE THAT APPLY TO YOUR ACCESS TO AND USE OF PROTOCOL33 SERVICES.
1.6. Client(s) Restrictions – PROTOCOL33 reserves the right to choose markets and jurisdictions to conduct business and shall restrict or refuse some Client(s)s due to Internal policy decisions and shall restrict or refuse Client(s)s who are included in any Anti-money Laundering high risk Jurisdictions as per FATF and Basel recommendations or any economic sanctions lists, such as United Nations Security Council Sanctions List, and The Office of Foreign Assets Control of the US Department of the Treasury (OFAC).
1.7. Liability - You agree to access and use our website and/or mobile application only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our website and/or mobile application. BY ACCESSING OUR SITE, YOU AGREE THAT YOU WILL NOT:
1.7.1. Use the Site to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability.
1.7.2. Use the Site to impersonate other parties or entities.
1.7.3. Share confidential information with third parties
1.7.4. Use the Site to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files or programs that may alter, damage or interrupt the functionality of our site or the hardware or software of any other person who accesses the website and or mobile app.
1.7.5. Upload, post, email or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship.
1.7.6. Alter, damage or delete any content posted on the site.
1.7.7. Claim a relationship with or represent any business, association or other organization with which you are not authorized to claim such a relationship or represent.
1.7.8. Post or transmit any unsolicited advertising, promotional materials or other forms of solicitation.
1.7.9. Post any material that infringes upon or violates the intellectual property rights of another.
1.7.10. Collect or store personal information about others.
PROTOCOL33 provides various services (“Services”) for the clients who approach to build up their business in their early-stages. We have sufficient developmental phases such as sufficient financial, human and physical resources to assist a startup entity or business. PROTOCOL33 Services includes Services which provide assistance to setup blockchain technologies, activities and entities, access to investors and capital, idea generation to their businesses or entities which are incorporated in the Emirate of Dubai. In addition, PROTOCOL33 provides complete legal and compliance assistances abiding with international standards and recommendations including Anti-Money Laundering and Combatting the Financing Terrorism provider (AML/CFT provider) services and Know Your Transaction (KYT) provider services to stay compliant with local and international regulations and safely interact with emerging DEFI technologies. To be noted that each client of PROTOCOL33 will be entered into separate contractual terms and conditions prior to the specific Services provided.
When you visit our website or you send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permissible by law. You agree that we may send emails to you, for the purpose of advising you of any changes or additions to this website, changes to any of our products or Services, or for such other purposes as we deem appropriate and as permissible by law.
4.1. “Spam” means any digital junk mail or unsolicited commercial emails which are sent in bulk over the internet or through any electronic messaging system. PROTOCOL33 is intended to use the clients’ email address for the sole and exclusive purpose of sending messages and PROTOCOL33 does not send unsolicited emails to recipients who have not given us the consent to email, or specifically requested any information from us. We do not use email lists which are purchased, rented or obtained in any manner from a third party and we do not send any form of electronic messaging to the clients who have not granted their deliberate and explicit consent by accepting our Terms of Use, Privacy Policy and the Cookie Policy.
4.2. Email Requirements & Unsubscriptions – PROTOCOL33 has a zero-tolerance Spam policy and strictly forbids the harvesting, mining or collection of email addresses or other information about Clients through the website or Services. It is forbidden to use PROTOCOL33 Services that would damage, disable, overburden or impair any aspect of our Services or would in any way impede other Clients’ use and enjoyment in the use of our Services. PROTOCOL33 contains an “UNSUBSCRIBE” link which allows You to remove from any email message sent via the Services and we ensure that the emails sent via Services will not generate Spam complaints or bounce rates higher than industry standards.
4.3. If we find out that you are spamming using our account, we reserve the right to terminate your account immediately and under certain circumstances we may take legal action against you and shall demand compensation.
4.4. If you suspect that PROTOCOL33 and our message servers have been used by someone to send spam, or if you receive spam from PROTOCOL33, then report the activity to us immediately at info@protocol33.io
5.1. IN NO EVENT SHALL PROTOCOL33, NOR ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, RESULTING FROM YOUR PARTICIPATION IN THIS PROGRAM. THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM AGAINST ANY SUCH PERSONS OR ENTITIES IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORESEEN BY ANY SUCH PERSONS OR ENTITIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.2. You agree that all access and use of the PROTOCOL33 and your use of our Services is at your own risk. In no event shall PROTOCOL33 (and all related parties) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising or in connection with use of the PROTOCOL33. In addition, you agree that we will not be responsible if you are unable to use the PROTOCOL33 or any linked sites, or in the event of any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PROTOCOL33, or representatives thereof, are advised of the possibility of such damages, losses or expenses. PROTOCOL33 will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. PROTOCOL33 shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems of the website or on your computer device, or your failure to confirm any attempted transaction.
6.1. To the maximum extent permitted under applicable law, services, PROTOCOL33 materials and any product or Service or other item provided by or on behalf of PROTOCOL33 are offered on an “as is'' and “as available” basis, without any representation or warranty, whether PROTOCOL33 expressly, impliedly or statutorily disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.
6.2. Without limiting the foregoing, PROTOCOL33 does not represent or warrant that the website, PROTOCOL33 Services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Further PROTOCOL33 does not guarantee that any order will be executed, accepted, recorded or remained open. Except for the express statements, agreements and rules set forth in these terms. You hereby, acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, PROTOCOL33 changes by third party providers, internet outages, force majeure event or other disasters including third party distributed denial of services (DDoS) attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
7.1. PROTOCOL33 owns the copyright in all of the information and material contained on the website. The contents of the PROTOCOL33, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected by law of copyright, patent, trademark, and other related laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the PROTOCOL33, or use of or access to PROTOCOL33, or any information or technology obtained from the PROTOCOL33, including, but not limited to, PROTOCOL33’s trademarks.
7.2. Intellectual Property – Any content, any materials downloaded, and all intellectual property pertaining to or contained on PROTOCOL33 (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by PROTOCOL33 or third parties and all right, title and interest therein shall remain the property of PROTOCOL33 and/or such third parties (collectively, the “Content”).
You agree and acknowledge to indemnify and hold PROTOCOL33, its affiliates, service providers, directors, agents, respective officers, employees, joint venturers, representatives, contractors, licensors from any and all claims, demands, loss, proceedings, suits or damages, cost or expenses including attorney’s fees, any fines, fees or penalties imposed by any regulatory authority arising out of or related to any violation or breach of this agreement or any applicable law, regulations or rights of any third party. In such circumstances, PROTOCOL33 reserves the right in sole discretion to control any action or proceedings in the manner it wishes to settle it.
We care about your data protection; it is secured and confidential. We at PROTOCOL33 reserves the right to collect, process, use or disclose your personal data in accordance with the Terms of Use including Privacy Policy. Please visit our Privacy Policy to understand how we collect, store, share and protect your personal data
In no event the PROTOCOL33 shall be liable for any inaccuracy, error, delay or omission, failure in performances or interruption of Services of any transmission or delivery of information as in required by these Terms of Use or caused by, directly or indirectly, forces beyond its reasonable control of PROTOCOL33 including but not limited to any act of God, action of government, act of terrorists, war, fire, interruptions in telecommunications or internet services or network provider services, software malfunctions, strikes, work stoppages, accidents, civil or military disturbances or other catastrophe or any other causes beyond PROTOCOL33’s reasonable control.
The Service Agreement and any legal relations established under it or derived from it, including issues of its formation and validity, shall be governed by the laws of the Emirate of Dubai, United Arab Emirates with the exclusion of any rules on conflict of laws. However, based on the contract law, in the event of separate agreement(s) made between both parties, parties may mutually choose the jurisdiction to be governed and it shall be expressly mentioned in the contract.
12.1. If you have any complaints or other inquiries, your first step is to contact us via email to info@protocol33.io and your complaint should include your full name, registered email address and a summary of your complaint.
12.2. We at PROTOCOL33 will acknowledge receipt of your complaint within 48 hours from the receipt of your complaint. In any exceptional circumstances, if the representative is unable to respond your complaint within 48 hours beyond the PROTOCOL33’s control, the representative will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the representative will respond to your Complaint, which will be no later than seven (7) working days from our receipt of your complaint.
12.3. We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within fourteen (14) working days from the date you submitted your complaint to us. In the event your complaint requires further investigation and we cannot resolve it within fourteen (14) working days, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay.
12.4. In any event, we shall provide you with the outcome of our investigation no later than twenty-eight (28) working days from the issuing of the holding response, depending on the complexity of the case and your cooperation. In the event, when we reach any outcome, we will inform you of it together with an explanation of our position and any remedy measure if applicable.
12.5. Please note that PROTOCOL33 shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our officers within the period of fourteen (14) working days from the date of the submission of your complaint.
12.6. IN ANY CIRCUMSTANCES, FAILURE TO FOLLOW THE ABOVE-MENTIONED COMPLAINTS RESOLUTION PROCESS OF THESE TERMS, BEFORE FILING AN ARBITRATION CLAIM OR SUIT IN ANY LOCAL SMALL CLAIMS COURT OR INSTITUTION, WE SHALL HAVE THE RIGHT TO ASK THE ARBITRATOR TO DISMISS YOUR FILING OF COMPLIANT, UNLESS YOU COMPLETE THE INTERNAL COMPLAINTS RESOLUTION PROCESS.
13.1. In the event, if you are not satisfied with the Internal Complaint Resolution Process, you shall have the right to refer your complaint to the Arbitration process.
13.2. The Dubai International Arbitration Centre (DIAC) shall be the Arbitrator and shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of the Agreement to Arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by DIAC. All enquiries regarding cases commenced on or after 21 March 2022 should be addressed to arbitrationcentre@DIAC.ae
13.3. Institution and applicable procedure rule will be the DIAC Arbitration Rules 2022 which came into effect as of 21st of March,2022. Where any agreement, submission or reference howsoever made or evidenced in writing (whether signed or not) provides in whatsoever manner for arbitration under the rules of or by the DIAC, between you and PROTOCOL33, be in writing and shall be conducted in accordance with the DIAC Rules or such amended rules as the DIAC may have adopted hereafter to take effect before the commencement of the arbitration and that such DIAC Rules form part of this Terms of Use.
13.4. The arbitration shall be conducted by a sole, neutral arbitrator and it shall take place in UAE or another mutually agreeable location by both parties, English Language.
13.5. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the competent courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
13.6. In the event the Internal Complaint Resolution Process and our proposed Arbitration provided fails, you shall have the right to choose the settlement which is more appropriate and shall either accept our proposed arbitration and/or to commence an action, you may choose a competent Court as per the Decree No (34) of 2021.
You and PROTOCOL33 agree that, to the extent permissible by Law, all claims must be brought in a party’s individual capacity, and not on a class, representative or collective basis, and the parties hereby agree to waive all rights to have any dispute be brought, heard, administered, resolved or arbitrated on a class, collective, or representative basis. Disputes of more than one Client(s) cannot be arbitrated or consolidated with those of any other Client(s). Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including PROTOCOL33. Further, you acknowledge that, by agreeing to these terms, you and PROTOCOL33 are each waiving the right to a trial by jury and the right to participate in a class action.
Our registered address: Boulevard Plaza Tower 2, Dubai, Office 2013 Email us at info@protocol33.io