ESMPLAY - Terms & Conditions

These are general “Terms and Conditions” of East Sports Equipment Articles and Services LLC (“ESM”) governing your access and use of the website (the “Site”). If you do not agree with them, please do not use the Site. By continuing to use the website, contents and / or any of the services shown on the Site, you agree to be bound by these terms and conditions. If you are not familiar with any of the terms, please do contact us at [email protected] and we shall be happy to answer any queries you may have concerning this statement on the terms and conditions.

Acceptance

You undertake that your use of the Site which includes all contents on the screen, web links, e-mails and any other services and information, along with the subsequent changes made in due course (the “content”), means you fully agree to the Terms and Conditions. You also undertake that your use of the website shall not:

violate the respective applicable laws;

harm the public image of this website and will only be used for permitted means; or

represent any fraudulent business activity; and that your use of the Site and any consequential business decision will be at your own risk.

Representations

ESM does not warrant the accuracy, correctness, completeness, and acceptance of the content and/ or any other information and/ or materials available on the site. No warranties of any kind are given, whether express, implied or by laws, including but not limited to the warranties of non-infringement of third-party rights, security, fitness, quality, compatibility, accuracy, and safety.

Under no circumstance will ESM, its subsidiaries, affiliates, or participating Companies be liable for any features, functions, programming errors, other errors, linking, rectification of the errors, updates, omissions, etc., and safety mechanisms built into the Site, including loss/ damage of any personal data/ information, or any loss whether foreseen, foreseeable, known or otherwise.

ESM, its subsidiaries, affiliates, or participating Companies will not be liable for any consequential, incidental damage, whether direct or indirect, arising out of the use of the Site. Contents of the Site have not been investigated or verified and are not continuously monitored. ESM reserves all rights to disclose information as it deems necessary to satisfy any applicable law, or refuse to disclose, edit, or to remove any content or information or materials, in whole or in part, at its sole discretion.

All information submitted to ESM via this Site shall be deemed (and remain) the property of ESM, which shall be free to use, for any purpose, any ideas, concepts, know-how or techniques. ESM shall not be subject to any obligations of confidentiality or privacy regarding information submitted, except as agreed by ESM or as otherwise specifically agreed or required by law.

These Terms and Conditions are subject to change at any time without notice and even after any such change, will not alter the obligation of the user.

Governing laws

The Terms and Conditions and any dispute or claim in relation to them (including non-contractual disputes or claims) are governed by DIFC law.

You agree to use the Site (or any part of it) in accordance with all applicable laws relevant to the location (jurisdiction) from which you access the Site. If we wish to raise a dispute or claim, we reserve the right to bring proceedings in the courts in any location (the DIFC courts, your country of residence or whichever forum) we feel is appropriate.

You agree that any dispute or claim you may wish to raise will be referred to and finally resolved by arbitration under the arbitration rules of the DIFC-LCIA Arbitration Centre, which rules are deemed to be incorporated by reference into this paragraph. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai, UAE. The language to be used in the arbitration shall be English.

We always recommend that you seek local legal advice, however, please speak to us first if you have any concerns to see if they can be resolved.

Governing laws

No representation or warranty of any kind whatsoever is given, express or implied, for the accuracy, correctness, completeness, fitness to the purpose or non-infringement of any content or any other information or material posted or available on the website. Any tangible or intangible harm / damage or any consequential or incidental damage thereof of any kind to the user, by accessing the website and / or any breach of the undertaking, is entirely at the user´s own risk.