Terms of Service

Introduction

  • These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Service(s) (as defined below) by e& and its Partner (hereinafter referred to as “Techno XO”), together referred to as “Providers”) to the Customer. Under these Service Specific Terms e& will provide all the relevant Service(s) of Esports, event, tournaments, gaming activities and relevant subscriptions, while Techno XO will manage and operate the content and store features within the Arena Esports platform based on these Service(s) Specific Terms together with the General T&Cs (Consumer) (as that term is defined below), and in accordance with Applicable Law. e& and Techno XO reserve the right to take such steps as e& or Techno XO believe are reasonably necessary or appropriate to enforce and/or verify compliance with these Service Specific Terms. 1.2 By registering an account, accessing the Website and/or using the Service(s), or by clicking a button or checking a box indicating that you accept these Service Specific Terms, you confirm 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(s) after such notice confirms your consent to and acceptance of such amendments. 1.3 If you do not agree to be bound by these Service Specific Terms, you must refrain from registering an account, or accessing, or using or receiving any part of the Service(s). 1.4 It is important that you read and understand the provisions of these Service Specific Terms that will constitute a binding agreement between you and the Providers (e& and Techno XO) before acceptance. If there is any provision that you do not understand, then please contact e& Customer Service(s) using the details set out at Article 30 of these Service Specific Terms.
  • Definitions
  • “Account” has the meaning set out at article 4.1.
  • “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(s) or in the jurisdiction in the United Arab Emirates and your countries of Residence.
  • “Competition” means any competition made available to Customers using the Service(s).
  • “Content” means the gaming content provided in connection with the Service(s) 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(s) in accordance with these Service Specific Terms, and who meets the criteria as set out in article 4.1.
  • “Customer Account” means the account created by the Customer to access the Service(s).
  • “Discord” means a social media platform, used by gamers that e& use to exchange with the customers.
  • “e&” means Emirates Telecommunications Group Company PJSC, duly established under the laws of the United Arab Emirates by virtue of Federal Decree No. 78 of 1976, reorganized by virtue of Federal Law No. 1 of 1991, and further amended by Federal Law No. 3 of 2015, having Tax Registration Number 100023129800003, having its head office and place of business at the intersection of Sheikh Zayed 1st Street and Sheikh Rashid Bin Saeed Al Maktoum Road and with postal address at P.O. Box No. 3838, Abu Dhabi, United Arab Emirates (hereinafter referred to as “e&”).
  • “Feedback” has the meaning set out at article 13.2.
  • “General T&Cs (Consumer)” means e&’s general terms and conditions for consumer products and services, which are published on e&’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 Techno XO Private Limited, and the third party which has contracted (via its affiliated company) with e& for the provision of the Service(s), including but not limited the Game Publishers of the game listed in the platform for the Esports events and the events/ tournaments and league sponsors (hereinafter referred to as “Techno XO).
  • “Platform Store” means the store available through the Website for users of the Service(s), through which users can purchase additional Content together with other associated products and services, full operated by Techno XO
  • “Points” means the 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. Each 500 points are worth USD 1. The points have a validity of 2 years.
  • “Prizes” has the meaning set out at article 4.1(F)
  • "Residence” means the country where you reside and linked to a specific IP change at the account you created.
  • “Service(s)” means Arena Esports platform and all its capabilities provided by e& to the Customer, the digital Content Store powered and operated by Techno XO and any 3rd party gaming digital services resold by e& through the Arena Esports platform.
  • “Techno XO” means TECHNO XO FZ-LLC, duly established under the laws of the United Arab Emirates , having the company registration number 1477 under Creative Media Authority in accordance with the Emirate of Abu Dhabi Law No 8 of 2022 relating to the Creative Zone (Law 8) and the Authority's Licensing Regulations 2016 (the Regulations), with postal address No 76448, Abu Dhabi, United Arab Emirates.
  • “User Information” has the meaning set out at article 4.1(E).
  • “Website” means the website through which the Service(s) is accessed by the Customer.

SERVICE(S) DESCRIPTION

  • “Arena Esports” is an online digital platform that hosts Esports events, competitions, leagues, video streaming and content distribution, organized or co-organized by e& and its Partners. The platform also includes digital store which is operated and managed by Techno XO. The Arena Esport users participating in competitive events can earn points as rewards, which may be redeemed for Content available in the Platform Store. The Customer can access the Arena Esports either by registering for free or by opting for a paid subscription that offers additional benefits. The Arena Esports platform is accessible via the Web browser and a mobile application, which can be downloaded through the Apple Store and Google Play Store.

Eligibility & Acceptance of the Service(s)

  1. By accessing and using these Service(s), 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(s).
  2. Further by using the Service(s), you also consent to the terms of e& Arena Esports Privacy Policy available and published on e& Arena Esports ’s website (the “Privacy Policy”), which together with the Terms, form your agreement with e& (the “Agreement”) in relation to the use of the Service(s).
  • By registering an account (the “Account”) or using the Service(s) in any way, you warrant and represent to e&:
  • 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(s) 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(s) 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 e& and Techno XO (including at the time of registering an Account and/or use of the Service(s) 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 Service(s), and/or redemption of prizes won through your interaction with the Service(s) (“Prizes”) awarded to your Account other than by yourself.
  • You may have to register to game publisher website or application to participate to the events and tournaments for the specific games. The specific terms and conditions, which includes warranties and representations, you have to sign with the game publisher or any other third party are between you and the third party and not related to e&. And e& will not be held liable nor responsible for any issue or claim or dispute that may arise between you and the game publisher or any third party.
  • 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(s); and
  • you shall adhere and take the steps necessary required by any special registration procedures set by e& for Minors’ account creation and use of the Service(s) and provide the details necessary and related to your Legal Guardian where required. e&, 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(s). If you refrain or fail to produce such evidence promptly, e& reserves the right to, with or without notice, suspend, restrict and/or terminate your Account, access and/or use of the Service(s).
  • If any User Information is untrue, inaccurate, out-of-date or incomplete, or if e& has reasonable grounds to suspect that such User Information is untrue, inaccurate, out-of-date or incomplete, e& 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 Service(s) to you, including, without limitation, restricting your ability to access and/or participate in, or receive any Prizes due to your participation in competitions.
  • e& is not obliged to verify the User Information, the identity or authority of a person using your Account or Credentials, but e& 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 e&’s Service(s), and e& may deny access to, use of, suspend and terminate your Account if e& 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 your responsibility only. If you suspect that an unauthorized person has become aware of your Account’s Credentials, you must change your Credentials and immediately contact e& for assistance. e& will not be responsible for any unauthorized use of your Account or the redemptions of the awarded Prizes (as defined below) assigned to your Account.

ESPORTS EVENTS, TOURNAMENTS and COMPETITIONS

  • Each event, tournament and competition will have its own set of rules and regulations that must be agreed upon separately.
  • Some events, tournaments and competitions, featuring games such as Mortal Combat game, will only be be accessible to individuals aged 18 years and above.

Commencement & Duration

  • These Service Specific Terms are valid and binding on and from the date on which you sign up to the Service(s) and the provision of the Service(s) to you has been accepted by e& (the “Effective Date”).
  • The Service(s) paid subscription 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 e& as provided in Article 20 and/or 21 of this Agreement.

WARRANTIES

  • In particular, e& and Techno XO disclaims all warranties: As to:
  • 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:
  1. contain obscene, offensive, defamatory or otherwise actionable material;
  2. contain any advertising and promotional messages;
  3. 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;
  4. 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
  5. contain any material in any form that would otherwise render Customer liable for or expose Customer to any proceedings whatsoever.
  • e& and Tehcno XO take certain industry-accepted precautions to secure the Service(s) or portions thereof. However, e& does not warrant that:
  • the use of the Service(s) will meet Customer expectations and requirements;
  • the Service(s) will always be available;
  • Customer use of the Service(s) 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(s) will meet Customer expectations; or
  • any errors in the Service(s) will be rectified.
  • Without prejudice to the generality of the foregoing, save as expressly agreed in writing, e& does not make any representation or warranty in relation to the Service(s), product available through the Service(s) (including any Content), and the Customer acknowledges and agrees that e& and Techno XO shall have no liability or responsibility to the Customer or any other person in relation to any such Service(s), Content or product.

• LIMITATION OF LIABILITY

  • Without prejudice to Article 21 “Liability & Indemnity” in the General Terms and Conditions of “Consumer”, e& and Techno XO shall not, under any 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:
  • Your acceptance or breach the provisions of these Service Specific Terms by you or any other third party;
  • your acceptance of third party terms and condition for using the games that linked to the Platform events/tournaments
  • sharing your personal data with any third party for using the games that linked to the Platform events/tournaments
  • your use or attempted use of, or inability to use, the Service(s) or any part of it;
  • participation in a Competition and acceptance of the Competition Rules;
  • any errors or omission in the Website and/or Services’ 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(s) and/or Website, Mobile application;
  • 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(s) 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(s), and/or Competitions;
  • computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service(s) provider’s facilities, or any phone site or website or for any other reason whatsoever related to the use of Website, the Service(s), and/or participation in Competitions; and/or
  • any action in connection with investigation by e& or law enforcement authorities in relation to use of the Website and/or Service(s).
  • You shall defend and indemnify e&, at your sole cost and expense, from and against any claims, damages, liabilities and/or expenses made against e& 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(s) or failure to take appropriate action where relevant; and/or
  • your participation and conduct in Competitions and while using the Service(s) and/or Website.
  • In addition, you hereby agree and acknowledge that:
  • e& 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 e& or Partner (each a “Third Party Website”), you will leave the Service(s) and e& has no control over such Third Party Websites;
  • e& 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;
  • the terms and conditions, privacy policies and provisions of Third Party Websites may be different from those applicable under these Service Specific Terms and the Privacy Policy;
  • e& has no control over and does not recommend or endorse any Third Party Websites and others’ User Content, and e& 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 e& 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(s) and/or access to the Website;
  • e& is not a party to any transaction between you and any third party, supplier, or business with which e& 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;
  • e& is not responsible for any other party’s compliance with Applicable Law.
  • e& 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, e& is not responsible for losses that were not foreseeable to e& when these Service Specific Terms were entered into.
  • e& 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.

Customer Obligations & USE OF SERVICE(S)

The Customer acknowledges and agrees to the following:

  • The Service(s) are provided by e& and managed and operated by the Partner.
  • The quality of the Service(s) 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(s).
  • The Service(s) (wholly or partially) may be changed at any time, by e& in its sole and absolute discretion, without notice.
  • You understand and acknowledge that due to circumstances, within and outside the control of e&, access to the Website, the Service(s) 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, e& 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 e& shall not be liable for any damages arising from any such interruption, suspension or termination of the Website, Service(s) 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(s) 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(s) and/or Competitions.
  • Other than any connectivity or the Service(s) or other services provided by e&, the Customer acknowledges that the use of the Service(s) may require third party software that is subject to third party licences and e& 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(s) by the Customer shall be personal to the Customer and any commercial use or exploitation of the Service(s) is expressly forbidden.
  • Customer assumes total responsibility and risk for the Customer’s use of the Service(s). Any Content accessed, streamed or otherwise obtained through the Customer’s use of the Service(s) 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(s) 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(s) or Customer’s relationship with e&. e& 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.

• CONTENT AND SERVICE(S) RESTRICTIONS

  • You agree not to use the Service(s) or Website to:
  1. obtain or attempt to obtain unauthorized access to the Service(s), the Website, and/or Competitions;
  2. 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;
  3. violate any Applicable Laws
  4. falsely impersonate any person or entity
  5. forge or manipulate headers or identifiers to disguise the origin of any content transmitted on the Website, through the Service(s) and/or any email or posting to send altered, deceptive, or false source-identifying information
  6. 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
  7. post content containing advertisements or other commercial solicitations without e&’s prior written permission;
  8. 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(s), and/or Competitions or affect other Account holders, User Information, and/or User Content; and/or
  9. interfere with, disrupt, and/or tamper with the Website, the Service(s), and/or servers, systems or networks connected to the Website or the Service(s) 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:
  1. in violation of any Applicable Law;
  2. in a manner that will infringe the intellectual property rights of e& or others;
  3. that is defamatory, obscene or libellous
  4. 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;
  5. that is false, misleading or inaccurate in any way; and/or
  6. in violation of any acceptable use policy or other policies posted by Etisalat on its Website from time to time.

CONTENT ON THE WEBSITE AND SERVICE(S)

  • 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.
  • e& 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(s) is at your risk.
  • All User Content is the sole responsibility of the Account holder, entity, person, third party who originated such content.
  • e& reserves the right, at its sole discretion, to remove User Content that violates these Service(s) 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 e& 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 e& to provide, promote, and improve the Service(s)s and to make User Content posted on the Website or submitted to or through the Service(s)s 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 e& 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 e& or otherwise post on the Website is and shall be your own original work or work which you are authorized to supply to e&.
  • e& retains the right to create limits on use and storage at e&’s sole discretion at any time. e& may also remove or refuse to distribute any User Content on the Service(s), limit distribution or visibility of any User Content on the Website and/or Service(s), immediately suspend or terminate Users Accounts, and reclaim usernames without liability to you.

INDEMNITY

  • 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 e& and Techno XO, and its Affiliates and their respective officers, directors, employees and agents (the “e& Parties”), from and against any and all actions, claims, proceedings, costs (including legal costs incurred by any of the e& Parties in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against an e& Party by any person and/or which an e& 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(s) or any Content;
  • Customer’s breach of these Service Specific Terms;
  • any action taken by e& 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.

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.
  • e& 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(s) and the Website. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service(s) 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 e&. 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 e&’s Intellectual Property other than to permit you to use the Service(s). All rights and interest in the Service(s) (excluding others’ User Content) are and will remain the exclusive property of e& and its licensors.
  • The distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of the Website or any of the Service(s) without the permission of e& is prohibited.
  • All Intellectual Property rights, title and interest owned by e& 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(s), 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 e&’s rights hereunder.
  • You represent, warrant, and covenant to e& 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

DATA PROTECTION AND CONFIDENTIALITY

  • Without prejudice to Article (17) “Customer Information & Privacy” of the General Terms & Conditions “Consumer and the Privacy Policy. e& and Techno XO will “process” the Customer’s user information in connection with the provision of the Service(s) (“User Information”), some of which User Information will constitute “personal data” under UAE law. “Processing” may include any collecting, recording, organizing, classifying into groups, storing, adapting, altering, retrieving, using, disclosing by transmission, disseminating, transferring combining, blocking, erasing or destroying such information, including by automated means.

The User Information which will be collected by e& and Techno XO will depend on the particular activities carried out by the Customer in connection with its use of the Service(s), 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(s) provided to the Customer; (f) the Customer’s account details, such as username and login details; and (g) third party game service providers ID or username

  • User Information may be collected when the Customer (a) registers an account; (b) accesses the Service(s); (c) contacts e& or Techno XO to provide Feedback; (d) purchases products or services from the Service(s) platform; (e) posts material to the Service(s) platform; (f) completes customer surveys; or (g) participates in competitions made available through the Service(s).
  • Etisalat and Techno XO will use User Information;
  1. to create and manage the Customer’s Account;
  2. verify the Customer’s identity;
  3. provide goods and services to the Customer through the Service(s) platform;
  4. customise the Service(s) view seen by the Customer where this is available;
  5. send marketing material to you in accordance with Article ‎‎14;
  6. notify you of any changes to the Website or Service(s) that may affect you; and/or
  7. improve the Service(s).
  • Any Processing by Etisalat will be undertaken with your consent unless the Processing is necessary for:
  • the performance of the Service(s);
  • Ensuring continuity of the Service(s) in particular but not limited in the case of platform migration and upgrade
  1. satisfy any Applicable Law, legal process or governmental request;
  2. enforce these Service Specific Terms, including investigation of potential violations hereof;
  3. detect, prevent, or otherwise address fraud, security or technical issues;
  4. respond to Account holders support requests; and/or
  5. protect the rights, property or safety of e&, e& its 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:
  1. fair Processing of information and transparency over how e& use your personal information;
  2. access to your personal information and to certain other supplementary information that these Terms are already designed to address;
  3. require e& to correct any mistake in your personal information which e& holds;
  4. require the erasure, rectification or blocking of personal information concerning you that e& is Processing in certain situations;
  5. request of information on personal information concerning you that Etisalat is Processing, in an understandable format and the form stipulated by Applicable Law;
  6. object at any time to Processing of personal information concerning you for direct marketing;
  7. object in certain other situations, stipulated by Applicable Law, to e&’s continued Processing of your personal information;
  8. otherwise restrict e&’s from Processing your personal information in certain circumstances; and
  9. 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 ‎14, please contact us through the Discord channel specified in the “Contact e&” clause, with the relevant information and action required, to provide your contact details.
    • After the deactivation of your Account, e& 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 if required 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.
    • CONFIDENTIALITY: You agree to treat as confidential all confidential information of e&, not to use such confidential information for any purpose other than to the limited extent necessary to use the Website and/or Service(s) 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 e&, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
    • e& welcomes any Feedback that you might have on the Website and/or the Service(s).
    • Feedback you may provide regarding e&, and/or the Service(s) is entirely voluntary and e& will be free to use such Feedback as e& see fit and without any obligation to you.
    • e& shall not be subject to any obligation of confidentiality in relation to any submitted Feedback.

MARKETING

  • e& would like to send you information regarding future Competitions and any additional features added to the Website, the Service(s), 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 e& to you by post, in-app notification, email, telephone, text message (SMS), social media or automated call.
  • If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:
  1. using the ‘unsubscribe’ links in emails or ‘STOP’ number in texts or any other forms or procedure to effect the same, in place by e& from time to time; or
  2. 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.

CHARGES, BILLING & PAYMENT

  • The Service(s) subscription Charges for the premium subscription may include dedicated mobile data limited to Esports’ Content for e& mobile prepaid and post-paid customers within the UAE only.
  • 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.
  • Transactions conducted outside UAE, are processed by Techno XO in collaboration with its partner payment solution providers. Within the UAE, all Service(s) related transactions excluding digital store purchases, can be handled and processed either by e& or Techno XO and its partner payment solution providers. All digital store purchases are processed by Techno XO.
  • For the purposes of this article and these Service Specific Terms, Payment Method(s) means a current, valid, accepted method of payment by e& inside the UAE and Techno XO outside the UAE, as may be updated from time to time, and which may include payment through your Account with a third party (the Payment Method(s)).
  • e& offers a number of subscription plans for the provision of Service(s) (the Subscription Plan(s)) for you to choose from to access and use the Service(s) and participate in any Competition.
  • During the registration of your Account, e& may ask you to choose a Subscription Plan and provide one or more Payment Methods to e& (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.
  • e& and Techno XO reserves the right to undertake extra security verification steps to ensure the security of payments undertaken on e&’s Website.
  • e& and Techno XO 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.
  • e& and Techno XO will use all reasonable efforts to ensure that your payment credentials given by you to e& is secured, when paying for Service(s) and Subscriptions fees and charges, by using an encrypted secure payment mechanism.
  • e& 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.

CUSTOMER CREDIT, ADVANCE PAYMENTS & DEPOSITS

  • e& Prepaid Customers will be charged monthly in advance basis and post-paid Customers will be charged at the end of each month.
  • No deposit will be required for this Service(s).

POINTS

  • By using the Service(s), users might be awarded or purchase Points.
  • 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.
  • The points sold or awarded to users have an expiry of 2 years.
  • e& reserves the right to issue points at its discretion for marketing purposes.

VAT

VAT (Value Added Tax) applies to the Service(s).

• COMPETITION AND PRIZES

  • Competitions
  1. e& 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 e&, from time to time, at e&’s sole discretion.
  2. Participation in Competition may result in the receipt of Prizes as may be set out in the Competition Rules.
  3. By signing up and/or participating in Competitions, you agree to comply with the Competition Rules.
  4. e& 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(s) and/or any behaviour that is in any way detrimental to other Account holders. e&’s decision shall be final and binding in this regard.
  5. e& reserves the right, at its sole discretion, to cancel any Competition at any given time by providing sufficient notice to Account holders.