Host
Here is your obvious statement of the day: school fees are high. Second highest in the world. However, we will come back to this story. It’s a survey that’s out today. HSBC behind it. We are the second highest in the world after Hong Kong. Lots of texts about that. We’re not going to ignore them. But we are going to be talking legal issues, legal problems, and legal conundrums for the next hour. Legal Hour on Drive Live. And Claire, who’s with us?
Host
That’s right. It is the Legal Hour this Monday afternoon. Ali Al-Assad from Yamalova and Plewka, legal consultants, is in the studio with us. Good afternoon, Ali.
Ali Al-Assad
Good afternoon. Thank you for having me.
Host
Thank you for being here, as always, of course. Lots of questions and things to get through this afternoon, Ali. But also, we’re going to start with a topic that you raised, and I think it’s one that affects everybody. It’s those pesky disclaimers, waivers, and T’s and C’s that we sign without reading—most of us often, because let’s be honest, they take too long to plow through. How important are they? How bound are we by them? What do they actually mean in a legal term?
Ali Al-Assad
Here in this situation, as I know everybody’s familiar with terms and conditions or disclaimers, we’ll give some short examples about them. But mainly, we have to differentiate between three types. The first one is the stuff you sign.
Host
Okay.
Ali Al-Assad
The second one is whenever, for
example, you see an offer about certain services. For instance, it enumerates the benefits you get. Later, there are terms and conditions at the bottom.
Host
Right.
Ali Al-Assad
And finally, there’s the stuff you don’t sign—they’re just pushed to you. The first type is whenever you physically sign the terms and conditions. For example, if you go and buy an insurance policy, you usually have the main page that shows all the clear terms. Then you have this very small font that spans three or four pages.
Host
Yes, but it’s small font, and three or four pages is a lot to wade through.
Ali Al-Assad
Exactly, and most people don’t read it. However, we all sign blindly, almost. Recently, you see this a lot with apps or e-services.
Host
Permissions?
Ali Al-Assad
Yes. You just click, and that counts as a signature.
Host
Does that count as a signature, first of all?
Ali Al-Assad
In general, yes. That’s considered a signature because you’ve clicked to approve. Later, if a dispute arises, if you’ve already agreed to it, then you’re liable for it. There’s one exception, though. Sometimes, especially with e-services, the terms and conditions are so lengthy or unreasonable that they may include provisions that contradict the law itself.
Host
And those wouldn’t stand?
Ali Al-Assad
Correct. Any abusive clauses or provisions that contradict applicable laws can be challenged and deemed unenforceable.
Host
What about the terms and conditions that aren’t printed but are just referred to in a statement, like “Terms and conditions apply”?
Ali Al-Assad
That’s the second type. For example, you opt for a service or buy an item—let’s say a membership with a provider. You sign the contract, but later, there are terms and conditions that are not provided to you. If they aren’t explicitly shown to you or signed by you, they cannot be enforced against you.
Host
So unless I’ve been given these terms and conditions, they don’t count?
Ali Al-Assad
Exactly. You actually have to sign and acknowledge that you’ve read and understood them for them to be binding. Otherwise, they’re not part of the contract. Adding terms later without mutual agreement constitutes an amendment to the contract, which both parties need to sign.
Host
That makes sense. But it comes down to reasonableness, doesn’t it? Can you be expected to read 16 pages of terms and conditions when you buy, say, a toaster?
Ali Al-Assad
It’s about what’s reasonable. For instance, let’s say you sign up for a service where a clause states that the provider can change fees without any limitation. That’s not reasonable or enforceable because it undermines the core of the contract. However, if the terms include a penalty for early termination, as long as it’s reasonable, that clause will likely remain valid.
Host
And the third type?
Ali Al-Assad
That’s the disclaimers you don’t sign but are given to you, like a valet parking ticket that says, “We’re not liable for stolen items.” Those disclaimers are generally not enforceable.
Host
Why not?
Ali Al-Assad
For two reasons. First, you haven’t signed or explicitly agreed to them. It’s a one-sided offer that you haven’t accepted. Second, disclaimers cannot waive liability for crimes or gross negligence. For example, if a gym’s equipment is faulty and causes injury, a disclaimer saying they aren’t liable won’t hold up in court.
Host
So these disclaimers are often more about deterring people from pursuing claims rather than legally binding terms?
Ali Al-Assad
Exactly. Most people don’t realize they aren’t binding and may simply walk away, thinking they don’t have a case.
Host
Interesting. Let’s dive into some real-life examples next. Legal Hour continues after this. Stay with us.
Host
Welcome back to the Legal Hour on Drive Live. We’re talking terms and conditions, disclaimers, and legal rights when it comes to signing—or not signing—agreements. Ali, before the break, you mentioned that disclaimers often don’t hold up, especially in cases of gross negligence. Can you give an example of when they might apply and when they wouldn’t?
Ali Al-Assad
Sure. Let’s take gyms as an example. If you sign a waiver stating the gym isn’t liable for injuries and then injure yourself because you performed an exercise incorrectly, that’s on you. The waiver would be enforceable in this case because it’s tied to your own actions.
However, if the injury occurs due to faulty equipment, the waiver wouldn’t hold up in court. Maintaining safe equipment is the gym’s responsibility, and they cannot disclaim liability for negligence.
Host
That makes sense. Let’s talk about those endless app permissions now. When you download an app and give it permission to access your contacts, camera, or other data, are those permissions legally binding?
Ali Al-Assad
Yes, because you explicitly grant those permissions, often by clicking “Accept.” However, there’s an important caveat. If the terms are hidden or unreasonably lengthy, it could be argued that the app provider didn’t give you a fair opportunity to review them.
For example, if an app sneaks in a clause stating they can use your personal data in ways that violate local privacy laws, that clause would be unenforceable. Local regulations always override abusive or illegal clauses.
Host
So even if you’ve clicked “Accept,” you’re not bound by anything that goes against the law?
Ali Al-Assad
Exactly. And courts will also consider how the information was presented. If a key term was hidden in small print or buried in long text, it might not be enforceable because it suggests bad faith on the app provider’s part.
Host
That’s interesting. So it’s worth challenging terms if something doesn’t feel right. Let’s move on to traffic fines, which we get a lot of questions about. A listener texted in, asking if fines issued without photographic or video evidence can still be enforced.
Ali Al-Assad
That’s a good question. Traffic fines can be issued based on a report from law enforcement officers or, in some cases, complaints from other road users. For example, if a driver reports reckless behavior and multiple similar complaints are made against the same vehicle, the authorities might issue a fine.
However, in practice, fines without photographic or video proof are less common because they’re harder to defend in court if disputed.
Host
So if you get a fine without proof, is it worth contesting?
Ali Al-Assad
Absolutely. If you believe the fine is unfair, you can file a dispute with the relevant traffic authority. They will review the evidence, and if there’s insufficient proof, the fine may be revoked.
Host
Good to know. Another question here: If you sign a rental agreement on behalf of your company and the company defaults, are you personally liable?
Ali Al-Assad
In most cases, no, as long as you signed in your capacity as a company representative and not as an individual. However, there’s an exception. If you signed the rent checks personally or if the company’s obligations weren’t clearly outlined in the agreement, you could be held liable for the default.
Host
So it all comes down to how the agreement and payments are structured?
Ali Al-Assad
Exactly. If the checks bear your personal signature, you’re liable for them, even if they were issued on behalf of the company.
Host
Got it. Let’s shift gears a bit. Another listener asked about setting up a social club. Do you need a license for something like a hiking or photography group?
Ali Al-Assad
Yes, if it’s an organized group with continuity—meaning regular meetings or activities—and if you collect membership fees or operate publicly, you’ll need a license from the Community Development Authority (CDA).
Host
What if it’s just a casual meetup between friends?
Ali Al-Assad
If it’s informal and doesn’t involve public promotion or collecting fees, then you don’t need a license. But the moment you advertise it, invite the public, or establish continuity, it becomes a formal organization, and licensing is required.
Host
What about charitable clubs or organizations?
Ali Al-Assad
Charitable organizations are subject to stricter regulations. Not only do they require licensing, but they must also obtain permits for any fundraising activities. Collecting donations without proper authorization can lead to severe penalties, including fines and imprisonment.
Host
That’s a serious consequence. So it’s worth ensuring you have all the proper permissions.
Ali Al-Assad
Absolutely. And this applies to online fundraising as well. Soliciting funds without approval, even through platforms like social media, can result in hefty penalties under the UAE’s cybercrime laws.
Host
Great advice, Ali. We’ll wrap up here for now, but if you have more questions about disclaimers, terms and conditions, or legal responsibilities, keep them coming. Thank you, Ali, for joining us.
Ali Al-Assad
My pleasure. Always happy to help.
Host
Stay tuned for more on Drive Live after this.
