TERMS OF SALE

Last Modified: 31 August 2020

Agreement Structure

This Agreement includes Part 1 – General Terms, and Part 2 – Country Specific Terms, as applicable. The terms of Part 2 may replace or modify those of Part 1. In the event of a conflict between the terms of any or all of Part 1 and Part 2, the terms of Part 2 shall prevail over Part 1.

PART 1 – GENERAL TERMS

Applicability

By purchasing any digital ENTERTAINER product (“Product") offered by The Entertainer FZ LLC, its subsidiaries and affiliates (collectively, the “Company," “we" or “ our") or carrying out any purchase/transaction through our websites or online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “ Website"), you agree to these terms and conditions of sale (these “Terms of Sale").

We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate in accordance with these terms and conditions of sale. Subject to any applicable laws, full refunds or partial refunds of Products purchased is not permitted for any reason whatsoever.

Orders

When you attempt to purchase any Product or carry out any purchase/transaction on our Website by clicking the “Buy" or equivalent option, this constitutes an offer to buy the Product and/or complete the purchase/transaction. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a sale agreement with you.

Pricing

  • Products sold by the Company (including any Products) or by the Company on behalf of third parties may be subject to applicable taxes, which will be added at checkout.
  • Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.

Payment

You may only pay for products purchased on our Website using a valid credit or debit card.

Warranties and Other Information

  • Unless stated otherwise specified, all products are sold “as is."
  • While we work to ensure that the product information on the Website is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information that accompanies the products before use.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai International Financial Centre or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.

If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.

Entire Agreement

This Terms of Sale, our End User License Agreement, Terms of Use, Privacy Policy and Rules of Use constitute the sole and entire agreement between you and the Company with respect to your purchase of the Product and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such purchase.

PART 2 – COUNTRY SPECIFIC TERMS

For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect.

Legal Entity

The first paragraph of clause 1 of Part 1 is replaced with the following clause in the following jurisdictions:

ASIA – Singapore

Applicability

By purchasing any digital Singapore based ENTERTAINER product (“Product") offered by The Entertainer Pte Ltd, 76A Tras Street, Level 2, Singapore – 079015 in Singapore (collectively, the “Company," “ we" or “our") or carrying out any purchase/transaction through our websites or online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Website"), you agree to these terms and conditions of sale (these “Terms of Sale").

Governing Law & Jurisdiction

Clause 7 in Part 1 is replaced with the following clause in the following jurisdictions.

ASIA - Singapore

Governing Law and Jurisdiction

These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule (whether of Singapore or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of Singapore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

© the ENTERTAINER All rights reserved.