- These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Service (as defined below) by Etisalat to the Customer. Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the General T&Cs (Consumer) (as that term is defined below), and in accordance with Applicable Law. Etisalat reserves the right to take such steps as Etisalat believes are reasonably necessary or appropriate to enforce and/or verify compliance with these Service Specific Terms.
- By registering an account, accessing the Website and/or using the Service, or by clicking a button or checking a box indicating that you accept these Service Specific Terms, you declare that you have read, understood, and accepted these Service Specific Terms in full and hereby agree to comply with and be bound by them. These Service Specific Terms may be amended from time to time. Therefore, you are encouraged to revisit the Website in order to be updated on any amendments. Such amendments will become effective and binding on you, from publication, announcement, or communication of the amendment on the Website accessible via link from the homepage. Your continued use of the Service after such notice confirms your consent to and acceptance of such amendments.
- If you do not agree to be bound by these Service Specific Terms, you must not register an account, or access, use or receive any part of the Service.
- It is important that you read and understand the provisions of these Service Specific Terms that will constitute a binding agreement between you and Etisalat before acceptance. If there is any provision that you do not understand, then please contact Etisalat Customer Services using the details set out at Article 22 of these Service Specific Terms.
- “Account” has the meaning set out at article 4.1.
- “Agreement” means the entire contractual agreement between Etisalat and the Customer in relation to the Service, comprising the General T&Cs (Consumer) together with these Service Specific Terms.
- “Applicable Law” means any laws, statutes or regulations issued by any government entity, taxing authority, or regulatory authority pursuant to such laws, statutes and regulations that apply to the Service or in the jurisdiction in the United Arab Emirates.
- “Competition” means any competition made available to Customers using the Service.
- “Content” means the gaming content provided in connection with the Service in the form of, game videos, game add-ons, game digital currency, merchandizing, and games sequences.
- “Credentials” has the meaning set out at article 4.1(F).
- “Customer” or “user” or “you” means the person who registers, purchases or subscribes to the Service in accordance with these Service Specific Terms, and who meets the criteria set out in article 4.1.
- “Customer Account” means the account created by the Customer to access the Service.
- “Etisalat” means Emirates Telecommunications Group Company PJSC.
- “Feedback” has the meaning set out at article 13.2.
- “General T&Cs (Consumer)” means Etisalat’s general terms and conditions for consumer products and services, which are published on Etisalat’s website and are available through the other communications channels referred to in Article 3 of General T&Cs (Consumer).
- “Legal Guardian” has the meaning set out at article 4.1 (A) (ii).
- “Minimum Term” has the meaning given to it in article 5.2.
- “Minor” has the meaning set out at article 4.1 (A) (ii).
- “Partner” means Swarmio Media Inc. registered at 1809 Barrington Street, Suite 505, Halifax, NS. Canada B3J 3K8, Etisalat, the operator of ember.gg and “powered by Ember” affiliated websites, and the third party which has contracted (via its affiliated company) with Etisalat for the provision of the Service.
- “Platform Store” means the store available through the Website for users of the Service, through which users can purchase additional Content together with other associated products and services.
- “Prizes” has the meaning set out at article 4.1(F)
- “Service” means Arena Esports powered by Ember service provided by Etisalat to the Customer.
- “User Information” has the meaning set out at article 4.1(E).
- “Website” means the website through which the Service is accessed by the Customer.
“Arena Esports” or “Arena Esports powered by Ember” is an online platform for Esports events, content and competitions, that rewards users and the winners of the competitive events with points that can be redeemed for Content in the Platform Store. The Customer can register for free to the platform or sign up for a paid subscription in exchange for extra benefits.
4.Eligibility & Acceptance of the Service
- By accessing and using this service, you signify your agreement to these terms and conditions. If you do not agree with any of the terms and conditions below, do not access or use the Service.
- By registering an account (the “Account”) or using the Service in any way, you warrant and represent to Etisalat:
- That either:
- you are at least 18 years of age and have the legal right, capacity, and power to accept the provisions of these Service Specific Terms; or
- you are a legal guardian (“Legal Guardian”) of a person under the age of 18 (a “Minor”), who will register the Account and be responsible for the use of the Service by such Minor;
- you agree at all times to abide by the provisions of these Service Specific Terms which are binding and enforceable against you;
- you are physically located in a jurisdiction in which use of the Service is unrestricted by the laws of that jurisdiction;
- you are responsible for any activity that occurs on your Account;
- you are responsible for the accuracy, correctness, validity, completeness, truth and up-to-date nature of all information provided by you to Etisalat (including at the time of registering an Account and/or use of the Service or at any other time), and you agree to maintain and promptly update such information (the “User Information”) if it becomes out of date or inaccurate in any respect; and
- you must maintain control over your Account, and not disclose your Account’s username and password (the “Credentials”), share your Account Credentials with others or allow access to your Account and Services, and/or redemption of prizes won through your interaction with the Service (“Prizes”) awarded to your Account other than by yourself.
- That either:
- Where Article 4.2(a)(ii) applies:
- all references to “you”, in these Service Specific Terms, shall be deemed to refer to both the Legal Guardian and the Minor;
- the Legal Guardian is responsible for the actions or omissions of the Minor and shall ensure the Minor’s compliance with the Service Specific Terms, Applicable Law, and the Minor’s use of and interactions with the Service; and
- you shall adhere and take the steps necessary required by any special registration procedures set by Etisalat for Minors’ account creation and use of the Service and declare the details necessary related to your Legal Guardian where required. Etisalat, reserves the right to request evidence from you and/or your declared Legal Guardian, at any time, to evidence your Legal Guardian’s agreement to the provisions of these Service Specific Terms and your use and access of and/or interaction with the Service. If you refrain or fail to produce such evidence promptly, Etisalat reserves the right to, with or without notice, suspend, restrict and/or terminate your Account, access and/or use of the Service.
- If any User Information is untrue, inaccurate, out-of-date or incomplete, or if Etisalat has reasonable grounds to suspect that such User Information is untrue, inaccurate, out-of-date or incomplete, Etisalat has the right, at its sole discretion, to (i) request you to promptly update or correct such User Information; and/or (ii) immediately suspend, terminate and/or delete your Account and refuse to provide current or future Services to you, including, without limitation, restricting your ability to access and/or participate in, or receive any Prizes due to your participation in Competitions.
- Etisalat is not obliged to verify the User Information, the identity or authority of a person using your Account or Credentials, but Etisalat may, in its sole and absolute discretion, at any time require verification of the identity of a person seeking to access or use your Account and Etisalat’s Service and Etisalat may deny access to, use of, suspend and terminate your Account if Etisalat is not satisfied with such verification.
- It is your responsibility to ensure the security of your Account, and that your Account’s Credentials are not compromised, shared with anyone, or mishandled. Any loss resulting from the unauthorized use of your Account’s Credentials is in your responsibility alone. If you suspect that an unauthorized person has become aware of your Account’s Credentials, you must change your Credentials, and immediately contact Etisalat for assistance. Etisalat will not be responsible for any unauthorized use of your Account or the redemptions awarded of Prizes (as defined below) assigned to your Account.
5. Commencement & Duration
- These Service Specific Terms are valid and binding on and from the date on which you sign up to the Service and the provision of the Service to you has been accepted by Etisalat (the “Effective Date”).
- The Service will have a minimum term of 30 (thirty) days (the “Minimum Term”). Thereafter, it will be automatically renewed on monthly basis unless it is terminated by you or by Etisalat as provided in Article 20 and/or 21 of this Agreement.
- To the extent permitted by Applicable Law, you agree and acknowledge that the Service is licensed and/or provided hereunder on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, to warranties of title or non-infringement, or the implied conditions and warranties of fitness for a particular purpose.
- In particular, Etisalat disclaims all warranties:
- the availability of any Content;
- the accuracy, quality or merchantability of any Content;
- compliance with any description or requirement of any Content; or
- the uninterrupted viewing of or access to any such Content; and/or
- that the Content will not:
- contain obscene, offensive, defamatory or otherwise actionable material;
- contain any advertising and promotional messages;
- violate or infringe any intellectual property rights or proprietary, privacy or publicity rights of any person, or violate any obligation of confidence or any other proprietary right;
- contain any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate any equipment, system or network; or
- contain any material in any form that would otherwise render Customer liable for or expose Customer to any proceedings whatsoever.
3.Etisalat takes certain industry-accepted precautions to secure the Service or portions thereof. However, Etisalat does not warrant that:
- the use of the Service will meet Customer expectations and requirements;
- the Service will always be available;
- Customer use of the Service will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
- the quality of any Content accessed by Customer through Customer use of the Service will meet Customer expectations; or
- any errors in the Service will be rectified.
4.Without prejudice to the generality of the foregoing, save as expressly agreed in writing, Etisalat does not make any representation or warranty in relation to the Service or any associated service(s), product available through the Service (including any Content), and the Customer acknowledges and agrees that Etisalat shall have no liability or responsibility to the Customer or any other person in relation to any such Service, Content or product.
7.LIMITATION OF LIABILITY
- Without prejudice to article 21 “Liability & Indemnity” in the General Terms and Conditions of “Consumer”, Etisalat shall not, under any set of circumstances, be liable to you for any damage, loss to persons and/or property to the extent permitted by the Applicable Law, special, incidental, indirect, punitive or consequential damages, including, but not limited to, lost profits or data, whether based in contract, negligence, tort, Applicable Law, even if advised of the possibility of such damages to the extent permitted by the Applicable Law, arising directly or indirectly, out of:
- acceptance or breach the provisions of these Service Specific Terms by you or any other third party;
- your use or attempted use of, or inability to use, the Service or any part of it;
- participation in a Competition and acceptance of the Competition Rules;
- any errors or omission in the Website and/or Service’s technical operations;
- human errors and inaccurate or incorrect entry of information;
- postage delay of and delivery of due mail and Prizes;
- any User Content, third party content or conduct on the Service and/or Website;
- omissions, interruptions, deletions or defects of any computer online systems, data, computer equipment, servers, providers, or software resulting from the accessing and/or using the Website, the Service and/or participation in Competitions;
- theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind on the Website, Service, and/or Competitions;
- computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever related to the use of Website, the Service, and/or participation in Competitions; and/or
- any action in connection with investigation by Etisalat or law enforcement authorities in relation to use of the Website and/or Service.
- You shall defend and indemnify Etisalat, at your sole cost and expense, from and against any claims, damages, liabilities and/or expenses made against Etisalat arising out of:
- any breach of your obligations, representations, and/or warranties set forth in these Service Specific Terms and/or Competition Rules;
- any claims based on publicity rights, defamation, or invasion of privacy;
- any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights;
- any use or attempted used of the Website and/or the Service or failure to take appropriate action where relevant; and/or
- your participation and conduct in Competitions and while using the Service and/or Website.
- In addition, you hereby agree and acknowledge that:
- Etisalat shall not be responsible for any actions taken by any third party using the Website including but not limited to, Account holder’s actions or conduct, online or offline, or any User Content they share, including but not limited to offensive, inappropriate, obscene, mislabelled, inaccurate, deceptive, unlawful, and other objectionable conduct and shared Content;
- when you click on the website of any third party other than Etisalat or Partner (each a “Third Party Website”), you will leave the Service and Etisalat has no control over such Third Party Websites;
- Etisalat does not assume any responsibility or liability over Third Party Websites, their contents, services, material, and/or products advertised, offered, made available or performed, which remain in the sole responsibility of the owner and/or operator of such Third Party Websites;
- Etisalat has no control over and does not recommend or endorse any Third Party Websites and others’ User Content, and Etisalat does not makes any representations, warranties, guarantees as the completeness, truthfulness, security, accuracy or reliability of whatsoever regarding any such Third Party Websites and others’ User Content or opinions or supports and endorses the same;
- your use of Third Party Websites and others’ User Content or any material provided and/or posted on the Website by third parties other than Etisalat is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with any third party connected and/or accessible through your use of the Service and/or access to the Website;
- Etisalat is not a party to any transaction between you and any third party, supplier, or business with which Etisalat has a business relationship, and as such, any disputes regarding purchases of products, services, software, and/or access to any Third Party Websites, receipt of Prizes supplied by the mentioned entities and/or any other aspect of any transaction or other commercial dealings is solely between you and such third party;
- Etisalat is not responsible for any other party’s compliance with Applicable Law.
- Etisalat shall not, under any set of circumstances, be responsible or liable for User Content posted by you, which may violate the Applicable Law and/or a third party’s intellectual property rights.
- To the extent permitted by Applicable Law, Etisalat is not responsible for losses that were not foreseeable to Etisalat when these Service Specific Terms were entered into.
- Etisalat shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
8. Customer Obligations & USE OF SERVICE
The Customer acknowledges and agrees to the following:
- The promotional offers are only applicable to first time Customers of the Service.
- The Service is provided by Etisalat and operated by the Partner.
- UAE Customers, accessing the Service from outside the United Arab Emirates will be subject to the roaming data charges available through Etisalat communication channel.
- The quality of the Service may vary depending on the capability of the device from which it is being accessed, and may be affected by a variety of factors, such as Customer’s location, the bandwidth available through and/or speed of Customer’s internet connection and service.
- The Service (wholly or partially) may be changed at any time, by Etisalat in its sole and absolute discretion, without notice.
- You understand and acknowledge that due to circumstances, within and outside the control of Etisalat, access to the Website, the Service and/or Competitions may be interrupted, suspended or terminated from time to time including (without limitation) for routine maintenance. In particular, and not in limitation of the foregoing, Etisalat shall not be liable in any way, for any delay in responding to an inquiry or question forwarded by you or the effects of any delay or unavailability may have on you and/or your Account.
- You agree and acknowledge that Etisalat shall not be liable for any damages arising from any such interruption, suspension or termination of the Website, Service and/or Competitions and that you shall put in place contingency plans to account for such periodic or unintended interruptions or suspensions.
- You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of the Service or Website whether electronically, mechanically or otherwise, in any form for any purpose not expressly permitted by the provisions of these Service Specific Terms.
- You shall not violate or attempt to violate the security of the Website, the Service and/or Competitions.
- Other than any connectivity or the Service or other services provided by Etisalat, the Customer acknowledges that the use of the Service may require third party software that is subject to third party licences and Etisalat will not be responsible nor liable for any aspects of the third-party software. Customer also agrees to automatically receive updated versions of the applications/website and related third party software.
- Access and use of the Service by the Customer shall be personal to the Customer and any commercial use or exploitation of the Service is expressly forbidden.
- Customer assumes total responsibility and risk for the Customer’s use of the Service. Any Content accessed, streamed or otherwise obtained through the Customer’s use of the Service is done at the Customer’s sole discretion and own risk. It is solely the Customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally
- Customer’s obligations under this article shall survive any termination of Customer’s access to and use of the Service or Customer’s relationship with Etisalat. Etisalat reserves the right to assume control of any matter subject to indemnification by Customer, in which event Customer shall cooperate with Etisalat in asserting any available defenses.
9.CONTENT AND SERVICE RESTRICTIONS
- You agree not to use the Service or Website to:
- obtain or attempt to obtain unauthorized access to the Service, the Website, and/or Competitions;
- make available any content that is harmful to Minors and/or other Account holders, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, inaccurate, unlawful, offensive, hateful, discriminatory or otherwise objectionable;
- violate any Applicable Laws
- falsely impersonate any person or entity
- forge or manipulate headers or identifiers to disguise the origin of any content transmitted on the Website, through the Service and/or any email or posting to send altered, deceptive, or false source-identifying information
- make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secrets, copyright or other proprietary rights of any person or entity
- post content containing advertisements or other commercial solicitations without Etisalat’s prior written permission;
- spam, flood, overload and/or make available viruses, trojan horses, worms, time bombs, cancel bots or any other computer code, files, programs or content designated to interrupt, detrimentally interfere with, damage, destroy or limit the functionality of the Website, the Service, and/or Competitions or affect other Account holders, User Information, and/or User Content; and/or
- interfere with, disrupt, and/or tamper with the Website, the Service, and/or servers, systems or networks connected to the Website or the Service in any way.
- You shall not use the Website to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information:
- in violation of any Applicable Law;
- in a manner that will infringe the intellectual property rights of Etisalat or others;
- that is defamatory, obscene or libellous
- that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or User Information;
- that is false, misleading or inaccurate in any way; and/or
- in violation of any acceptable use policy or other policies posted by Etisalat on its Website from time to time.
10.CONTENT ON THE WEBSITE AND SERVICES
- The Website may allow you to post, share, exchange information or content, including but not limited to, images, texts, video, audios and the like, and other material (the User Content). You are responsible for your use, sharing, and provision of User Content, including compliance with the Applicable Law.
- Etisalat does not screen, edit, or review such User Content before it is posted or transmitted. You should only provide User Content that you are comfortable with.
- Any use or reliance on any User Content posted on the Website or obtained through the Service is at your risk.
- All User Content is the sole responsibility of the Account holder, entity, person, third party who originated such content.
- Etisalat reserves the right, in its sole discretion, to remove User Content that violates these Service Specific Terms and/or Applicable Law, including but not limited to, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
- By posting or transmitting User Content on the Website, you grant Etisalat a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable, license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, transmit, create derivative works from, and distribute your User Content in any and all media or distribution methods now known or later developed, subject to these Terms, without any notice or compensation to you or any other person (the User Content License).
- You agree that the User Content License includes the right for Etisalat to provide, promote, and improve the Services and to make User Content posted on the Website or submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to these Terms.
- You confirm, represent, and warrant to Etisalat that you have all the rights, power, consents, permissions and authority necessary to grant the User Content License and that any User Content you submit to Etisalat or otherwise post on the Website is and shall be your own original work or work which you are authorized to supply to Etisalat.
- Etisalat retains the right to create limits on use and storage at Etisalat’s sole discretion at any time. Etisalat may also remove or refuse to distribute any User Content on the Service, limit distribution or visibility of any User Content on the Website and/or Service, immediately suspend or terminate Users Accounts, and reclaim usernames without liability to you.
- Without prejudice to article (21) “Liability & Indemnity” of the General Terms & Conditions of “Consumer” and to the extent permitted by Applicable Law, Customer agrees to defend, indemnify and hold harmless Etisalat, and its Affiliates and their respective officers, directors, employees and agents (the “Etisalat Parties”), from and against any and all actions, claims, proceedings, costs (including legal costs incurred by any of the Etisalat Parties in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against an Etisalat Party by any person and/or which an Etisalat Party may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
- Customer’s access to or use of the Service or any Content;
- Customer’s breach of these Service Specific Terms;
- any action taken by Etisalat as part of its investigation of a suspected violation of this Agreement or as a result of its finding and decision that a violation of this Agreement has occurred;
- Customer infringement or violation of any rights of a third party; or
- Customer infringement or violation of Applicable Law.
12. INTELLECTUAL PROPERTY
- without prejudice to any provision regarding “Intellectual Property Rights” in the General Terms and Conditions of “Consumer”, you expressly acknowledge and agree that you have no right, title, and/or ownership interest in any Account, and your Account is not your property.
- Etisalat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service and the Website. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service for your personal use and in the manner permitted by these Service Specific Terms and for no other purpose.
- The content on the Website, including without limitation to, texts, software, code, scripts, graphics, rights in get-ups, typographic typefaces, graphic user interface, photos, collages, sounds, music, audio, videos, interactive content, and the like, online databases, copyright, patents, related rights and moral rights, trademarks, trade names, product names, service marks, logos, rights in domain names, social media handles, rights in design, rights in information and all other or equivalent rights subsisting now or in future in any part of the world in each case, whether registered or unregistered, and including all applications (the “Intellectual Property”), are owned by or licensed to Etisalat. The content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Etisalat.
- Nothing in these Service Specific Terms gives you the right to use Etisalat’s Intellectual Property other than to permit you to use the Service. All rights and interest in the Service (excluding others’ User Content) are and will remain the exclusive property of Etisalat and its licensors.
- The distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of the Website or any of the Services without the permission of Etisalat is prohibited.
- All Intellectual Property rights, title and interest owned by Etisalat and/or yourself on the date hereof shall continue to be owned solely by each party, and except as set forth herein, nothing in these Service Specific Terms shall be deemed to confer any ownership rights to any such Intellectual Property on the other.
- You acknowledge and agree that all worldwide rights, title and interest in any third party software, products and/or services (and any Intellectual Property rights therein) accessible on the Website or through the Service, subject to third party licenses, if any, are owned by such third parties.
- If you provide Feedback (as defined in article 13.2), you grant Etisalat a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Etisalat the right to use the name you submit with the Feedback, if any, in connection with Etisalat’s rights hereunder.
- You represent, warrant, and covenant to Etisalat that your Feedback does not violate the privacy rights, intellectual property rights, personality rights, or any other rights, of any person and/or third party
13.DATA PROTECTION AND CONFIDENTIALITY
- The User Information which will be collected by Etisalat and the Partner will depend on the particular activities carried out by the Customer in connection with its use of the Service, but may include: (a) name, address and contact details; (b) date of birth; (c) payment details; (d) details of any feedback given by the Customer by phone, email, post or via social media (“Feedback”); (e) information about the Service provided to the Customer; and (f) the Customer’s account details, such as username and login details.
- User Information may be collected when the Customer (a) registers an account; (b) accesses the Service; (c) contacts Etisalat or the Partner to provide Feedback; (d) purchases products or services from the Service platform; (e) posts material to the Service platform; (f) completes customer surveys; or (g) participates in competitions made available through the Service.
- 13.4 Etisalat and Partner will use User Information;
- to create and manage the Customer’s Account;
- verify the Customer’s identity;
- provide goods and services to the Customer through the Service platform;
- customise the Service view seen by the Customer where this is available;
- send marketing material to you in accordance with Article 14;
- notify you of any changes to the Website or Service that may affect you; and/or
- improve the Service.
- Any Processing by Etisalat will be undertaken with your consent unless the Processing is necessary for:
- the performance of the Service;
- taking steps at your request with the purpose of entering into these Service Specific Terms and/or providing the Service;
- the compliance with any legal obligation and/or the compliance with Applicable Law, orders issued by any competent court, and/or requests of law enforcement authorities;
- protecting your vital interests or someone else’s life; and/or
- pursuing the legitimate interests of Etisalat or any third party to whom the User Information has been disclosed to, in accordance with these Terms and/or Applicable Law, provided that it is not in conflict with your fundamental rights and freedoms.
- Etisalat may transfer User Information outside of UAE in accordance with circumstances allowable under Applicable Law. In such cases, you hereby give your express consent to such transfer of data where deemed necessary or desirable by Etisalat.
- Etisalat reserves the right to access, read, preserve, and disclose any information as Etisalat reasonably believe is necessary to:
- satisfy any Applicable Law, legal process or governmental request;
- enforce these Service Specific Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues;
- respond to Account holders support requests; and/or
- protect the rights, property or safety of Etisalat, Etisalatits affiliated companies, its Account holders and the public.
- Under Applicable Law, you have a number of important rights which you may exercise, free of charge, which include the following:
- fair Processing of information and transparency over how Etisalat use your personal information;
- access to your personal information and to certain other supplementary information that these Terms are already designed to address;
- require Etisalat to correct any mistake in your personal information which Etisalat holds;
- require the erasure, rectification or blocking of personal information concerning you that Etisalat is Processing in certain situations;
- request of information on personal information concerning you that Etisalat is Processing, in an understandable format and the form stipulated by Applicable Law;
- object at any time to Processing of personal information concerning you for direct marketing;
- object in certain other situations, stipulated by Applicable Law, to Etisalat’s continued Processing of your personal information;
- otherwise restrict Etisalat’s from Processing your personal information in certain circumstances; and
- lodge a complaint with the supervisory authority in accordance with Applicable Law.
- If you would like to exercise any of your rights listed in Article 13, please email Etisalat with the relevant information, action required and provide your contact details. Details of how to contact Etisalat are set out at Article 22.
- After the deactivation of your Account, Etisalat will ensure that any retained User Information associated with your Account is kept in a form which does not reveal your personal identity. Such retained User information will only be stored for a longer period for historical, statistical, or scientific use and shall be kept in anonymous form in accordance with Applicable Law.
- When you access a Third Party Website through the Website, these Third Party Websites may also gather information about you in accordance with their own terms and conditions. For privacy information and/or the separate terms and conditions relating to the Third Party Website, please consult their terms and conditions and/or privacy policies as appropriate.
- You agree to treat as confidential all confidential information of Etisalat, not to use such confidential information for any purpose other than to the limited extent necessary to use the Website and/or Service and not to disclose such confidential information to any third party except as may be reasonably required pursuant to these Service Specific Terms and/or Applicable Law and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which other Account holders use to prevent the disclosure of the Account holder’s own confidential information of like importance to prevent the disclosure of confidential information disclosed by Etisalat, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
- Etisalat welcomes any Feedback that you might have on the Website and/or the Service.
- Feedback you may provide regarding Etisalat, and/or the Service is entirely voluntary and Etisalat will be free to use such Feedback as Etisalat see fit and without any obligation to you.
- Etisalat shall not be subject to any obligation of confidentiality in relation to any submitted Feedback.
- Etisalat would like to send you information regarding future Competitions and any additional features added to the Website, the Service, special offers and Prizes which may be of interest to you. By agreeing to these Service Specific Terms, you hereby give your consent to being sent such information by Etisalat to you by post, email, telephone, text message (SMS) or automated call.
- If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:
- using the ‘unsubscribe’ links in emails or ‘STOP’ number in texts or any other forms or procedure to effect the same, in place by Etisalat from time to time; or
- updating your marketing preferences on the Website;
- It may take up to 10 working days for the withdrawal of the marketing subscription (as set out in article 14.2) to take place.
15. CHARGES, BILLING & PAYMENT
- In the UAE, the Service subscription Charges for the premium packages Pro and Master includes dedicated mobile data for the UAE only and Etisalat mobile prepaid and post-paid customers.
- Any data allowances part of the subscription, left before the end of any thirty day term (each a “Prepaid Term”) for the prepaid customers or the end of the calendar month (each a “Post-paid Term”) for the post-paid customers, will be forfeited if not consumed fully.
- For the purposes of this article and these Service Specific Terms, Payment Method(s) means a current, valid, accepted method of payment by Etisalat, as may be updated from time to time, and which may include payment through your Account with a third party (the Payment Method(s)).
- Etisalat offers a number of subscription plans for the provision of Service (the Subscription Plan(s)) for you to choose from to access and use the Service and participate in any Competition.
- During the registration of your Account, Etisalat may ask you to choose a Subscription Plan and provide one or more Payment Methods to Etisalat (the Subscription).
- The prices of the Subscription Plans you may opt for (the Subscriptions Charge(s)) are as set out on the Website.
- Your Subscription will continue until cancelled in accordance with Articles 20 or 21.
- You must cancel your Subscription, in accordance with Article 21, before it renews in order to avoid billing of the Subscription Charge for the next billing cycle of your chosen Payment Method.
- Etisalat reserves the right to undertake extra security verification steps to ensure the security of payments undertaken on Etisalat’s Website.
- Etisalat may change its Subscription Charges for its different Subscription Plans, from time to time. However, any Subscription Charge changes will apply no earlier than 30 days following notice to you.
- Etisalat will use all reasonable efforts to ensure that your payment credentials given by you to Etisalat is secured, when paying for Services and Subscriptions fees and charges, by using an encrypted secure payment mechanism.
- Etisalat reserves the right to downgrade a users’ subscription level in the event of non-payment. Payment for the new lower subscription level will be billed immediately.
16. CUSTOMER CREDIT, ADVANCE PAYMENTS & DEPOSITS
- Etisalat Prepaid Customers will be charged on monthly basis and will be charged at the end of each month.
- No deposit will be required for this Service.
17. EMBER POINTS
- By using the Service, users might be awarded or purchase “Ember points”, a virtual currency provided to users for purchasing digital content (such as game vouchers) and physical goods (such as gamer equipment or team merchandise) on the Platform Store.
- Points might be included in subscriptions, and may differ according to the different subscription tier or billing cycle.
- Points will be credited to user balances immediately upon receiving payment confirmation, except in certain cases related to specific payment methods, and in which points may take up to 7 days to be credited after successfully charging for a user’s subscription renewal.
- Different point packs are also available for user purchase in the Platform Store. Point packs will be added onto the user’s point balance for him to use in the Platform Store.
- Etisalat reserves the right to set an expiration date for points sold or awarded to users.
- In the event that Etisalat opts to define an expiration date for Ember points, it will provide clear information to users about such expiration date.
- Etisalat reserves the right to issue points at its discretion for marketing purposes.
VAT (Value Added Tax) applies to the Service.
19. COMPETITION AND PRIZES
- Etisalat provides you with the opportunity to participate in Competitions through which you may compete online against other Account holders. Each Competition is subject to its separate set of conditions and rules in addition to the provisions of these Service Specific Terms (the Competition Rules) that may be amended by Etisalat, from time to time, at Etisalat’s sole discretion.
- Participation in Competition may result in the receipt of Prizes as may be set out in the Competition Rules.
- By signing up and/or participating in Competitions, you agree to comply with the Competition Rules.
- Etisalat reserves the right, in its sole and absolute discretion, to disqualify you from such Competition, refuse to award you Prizes and/or any other benefits, require the return of Prizes, and/or invalidate Competition results upon your breach or risk of breach of any Competition Rules, and/or abusive, improper, unfair, and/or potentially unlawful misconduct by yourself while using the Website and/or Service and/or any behaviour that is in any way detrimental to other Account holders. Etisalat’s decision shall be final and binding in this regard.
- Etisalat reserves the right, at its sole discretion, to cancel any Competition at any given time by providing sufficient notice to Account holders.
- Type of Prizes awarded for Competition
- Prizes awarded as per the Competition rules may consist of cash, vouchers, tickets, items, virtual digital cards, and awarded points.
- Some Prizes may differ slightly from the images advertised and/or published on the Website or communicated to you by Etisalat by any means.
- Points awarded may allow you to earn virtual items for use on the Website or Service in accordance with Etisalat’s point collections system in place at any given time (the “Points”).
- Competition results and Prize awards, including guaranteed Prizes, are based on final statistics and scoring results once Competitions are completed in accordance with Competition Rules.
- Prizes are only awarded after results are reviewed, graded, and announced by Etisalat in accordance with the Competitions Rules (the Decision of Award).
- The Decision of an Award may take up to thirty (30) days from the completion of the relevant Competition.
- Your Account is not transferable to any other person or Account holder.
- Points awarded may not be sold, traded or sublicensed (including for monetary exchange or for any other value) and are not transferable upon death or by operation of the Applicable Law.
- Etisalat may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any Prize you are entitled to.
- Prizes supplied by third parties
- Prizes, such as but not limited to, items, tickets and vouchers, are subject to availability and stocks, as they may be limited. Such Prizes are subject to applicable terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) of the Prizes’ suppliers and/or merchants.
- If a Prize is faulty or damaged, the supplier’s or merchant’s warranty will apply and you must revert to the relevant supplier or merchant for support and assistance. Etisalat will not hold any responsibility for any faulty or damaged Prizes.
- All conditions and warranties, whether expressed or implied and whether arising under the Applicable Law or otherwise, as to the condition, suitability, quality, fitness and/or safety of any Prize supplied are expressly excluded to the full extent permitted by Applicable Law. Any liability that cannot be fully excluded is limited, where permitted, to replacing, repairing or crediting the value of the Prize are at Etisalat’s sole and absolute discretion.
- Prize redemption and delivery
- After the Decision of Award, Prizes must be redeemed in accordance with the redemption procedure put in place by Etisalat, on its Website, at any given time, for security purposes and confirmation of the correct address of delivery (the Redemption Procedure). Additional security questions might be asked by Etisalat’s staff during the redemption procedure to ensure the identity of the Account holder and, where relevant, the delivery of awarded Prizes to the rightful Account holder.
- If a Prize is not redeemed by the rightful Account holder after a year from the Decision of Award, rights of the relevant Account holder with respect to such Prize will be deemed lost.
- Tangible Prizes redeemed through the Website will be delivered directly, where relevant, to the address provided as part of the Redemption Procedure within sixty (60) days from completion of the Redemption Procedure (the “Date of Redemption”) by the relevant Account holder.
- Should Etisalat experience any difficulty in delivering any tangible Prize to the rightful Account holder, for reasons in its control, Etisalat reserves the right to give notice to the relevant Account holder for an extension of time for the relevant Prize’s delivery up to an additional thirty (30) working days.
- Tangible Prizes which are redeemed and requested by the rightful Account holder and not claimed within six (6) months after the Date of Redemption, will expire if the rightful Account holder is not reachable on the address provided as part of the Redemption Procedure.
- Etisalat will not be responsible for any delay, loss, theft, damage, for reasons beyond its control, in the course of the Prize’s delivery or otherwise.
- Once a Prize has been delivered, picked up or redeemed after the completion and in accordance with information provided in the Redemption Procedure, it cannot be returned or exchanged for any other Prize.
20. SUSPENSION, DISCONNECTION OR TERMINATION BY ETISALAT
- Subject to Applicable Law, Etisalat may suspend / disconnect or terminate immediately the use of part or all of the Service and/or the Agreement, with or without notice and without exposing itself to any liability, at any time, in the event that:
- Etisalat has reasonable grounds to consider that: (a) the Customer has breached any provisions of the Agreement; or (b) unusual usage or suspected identity theft or other fraudulent activity has occurred on the Customer’s Account;
- the Customer fails to pay any Charges that fall due within the relevant timeframe;
- Etisalat is required to do so under Applicable Law or is required by necessity of an emergency situation;
- the operations, security or efficiency of a Service is impaired by the Customer’s use of the Service or Customer equipment connected to the Service.
- Etisalat will give reasonable notice to the Customer and (if applicable) give the Customer the opportunity to rectify the situation prior to any suspension / disconnection or termination of the Service.
- In the event of suspension of the Service due to any of the foregoing reasons, all Charges shall remain applicable during the period of suspension and the Customer will continue to be charged for Service Charges until the Service is disconnected. Further, Etisalat shall have the right to recover any reasonable costs and expenses incurred during the implementation of such suspension or disconnection.
- Following suspension, Etisalat shall reactivate a Service only when Etisalat is satisfied that the reason for suspension has been resolved.
- Etisalat may, when it deems it necessary and appropriate to do so and where there is no fault by the Customer, terminate all or part of the Service and/or the Agreement. In this event, Etisalat will give the Customer reasonable notice prior to such termination.
- On termination of the Service, the Customer will no longer be entitled to access or use the Service. Any prizes or points awarded before termination, must be redeemed before termination, or they will be cancelled and forfeited.
21.TERMINATION BY THE CUSTOMER
- Customer can cancel or deactivate the Service and delete its accounts at any point of time at https://hub.arenesports.ae. The Customer may reactivate the Account by logging in before the expiry of the then current Term. If the Customer does this, its Account will be reactivated and in full functionality.
- The Customer may terminate the Service at any time. Etisalat will not be liable for damages or costs of any sort resulting from such termination and no refund or compensation will be provided for the current Term. Article 20.6 shall also apply to Customer terminations.
22. CONTACTING ETISALAT
The Customer may contact Etisalat to discuss the Service, or any other product or service offered by Etisalat, please visit: https://www.etisalat.ae/en/onboarding/elife/get-support/support.html for all contact details.
The Customer may contact the Arena Esports support team on Discord, the instant messaging social platform. Please refer to the support section on the Serve hub, https://hub.arenesports.ae .
- Headings inserted in these Terms are for convenience only and shall not affect the interpretation of the provisions of the Service Specific Terms.
- The provisions of these Service Specific Terms are solely for the benefit of the Parties and their successors and permitted assigns and do not confer any rights or remedies on any other person or entity.
- The failure of either Party to exercise or enforce any of its rights under these Service Specific Terms will not act as a waiver of subsequent breaches and the waiver of any breach will not act as a waiver of subsequent breaches.
- If any provision of these Service Specific Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under by Applicable Law and the other provisions of the Service Specific Terms will remain in full force and effect.
24. LAWS & JURSIDICITONS
- Any matter, claim or dispute, arising out of or in connection with these Terms, their subject matter or formation, whether contractual or non-contractual, which cannot be settled amicably between the Parties, shall be governed by the laws in force in the United Arab Emirates. However, the courts of Dubai, UAE, shall have the exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions, its subject matter.