8. SUSPENSION, DISCONNECTION OR TERMINATION BY ETISALAT
9. CHARGES, BILLING, PAYMENT & TERMINATION BY THE CUSTOMER
10. ASSIGNMENT OF THE AGREEMENT
11. CONTACTING ETISALAT BY E&
12. VAT
Your first month's device rental will be deducted from your credit card immediately upon a successful payment transaction. You will then be securely registered into the Etisalat Auto Pay service, where your monthly device rental shall be deducted from your credit card automatically.
Important: The customer's name enrolling into Smart pay must match the name on the payment card and Emirates ID card used (Both cards must also be present at the time of delivery).
Your SmartPay purchase is subject to profile verification. In case your request is rejected, your advance payment will be adjusted in your bill.
These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Xbox All Access, the “Service”, by Etisalat to the Customer, in addition to the other constituent parts of the Agreement between Etisalat and the Customer.
(a) “Agreement” means the entire contractual agreement between Etisalat and the Customer in relation to the Service, comprising of those constituent parts listed in clause 2 (b) and 3 of the General T&Cs (Consumer).
(b) “Content” means games available through the Microsoft Game Pass Ultimate.
(c) “Customer” means the person who purchases or subscribes to the Service.
(d) “Eligibility / Eligible Customer: This Service is sold as an add-on to mobile and fixed post-paid lines only and subject to eligibility rules as per Etisalat customer credit policy.
(e) “Etisalat by e&” means Emirates Telecommunications Group Company P.J.S.C.
(f) “General T&Cs (Consumer)” means Etisalat’s general terms and conditions for consumer (i.e. non-business) products and services, which are published on Etisalat’s website and are available through the other communications channels referred to in clause 2(h) General T&Cs (Consumer).
(g) “Minimum Term” has the meaning given to it in clause 4(b)..
(h) “Service” means Xbox All Access Bundle, provided as an add-on to mobile and fixed post-paid lines only and subject to eligibility rules as per Etisalat customer credit policy, as described in more detail in Clause 3.
(i) “Partner” means Microsoft that has contracted with Etisalat and signed Microsoft Service Agreement for the provision of the Service and Content.
(a) The Service consists of the following elements:
i. a Xbox Series X console or Xbox Series S console;
ii. an interest free instalment plan over 24 months for the Xbox console.
iii. a Xbox GamePass Ultimate (GPU) monthly membership with a minimum commitment period of 24 months; the GPU membership is automatically renewed on monthly basis and shall continue after the commitment period unless terminated by the Customer on the 24th month.
(b) Xbox Game Pass Ultimate:
i. Digital Direct: Customer’s monthly Xbox Game Pass Ultimate membership is delivered directly to Customer’s console during set-up and is available in its settings; no codes required. It must be redeemed on the console purchased in the bundle. Customer shall use Customer’s active Xbox Game Pass Ultimate membership to play games on Xbox One and successor consoles, and Windows 10 PC (excludes Windows 10 in S mode and on ARM devices), and stream select games (where available) to Customer’s supported devices. Xbox Game Pass Ultimate includes Xbox Game Pass for Console, Xbox Game Pass for PC, Xbox Live Gold and additional benefits.
ii. Note: Purchase of Xbox Game Pass Ultimate automatically upgrades customer’s existing Xbox Live Gold, Xbox Game Pass, and/or EA Access/EA Play membership(s) to Xbox Game Pass Ultimate at a conversion ratio each based on days remaining. Details are available at www.xbox.com/gamepass. Future code redemptions are also subject to a conversion ratio. Conversion ratio is subject to change. All conversions to Xbox Game Pass Ultimate are final. Once converted, Customer cannot re-convert Customer’s Xbox Game Pass Ultimate membership back to a previous membership.
iii. EA Access is subject to the following terms: https://www.ea.com/ea-access/terms. Other existing subscriptions may also be subject to conversion. Maximum 36 months of redeemed Xbox Game Pass Ultimate per account at a time, including any converted time from Xbox Live Gold and/or Xbox Game Pass (for PC or console). Game titles, number, and features vary over time, by region and platform.
iv. Notice before purchase of add-ons, DLC, consumables, virtual currency, or subscriptions (sold separately): If Customer’s membership terminates or a game is removed from the catalog, Customer must reactivate Customer’s membership or buy the game separately to continue using these items. Requires download(s) (significant storage, broadband, and ISP fees apply) and Microsoft account. May require additional hardware and subscriptions. Age restrictions apply. Online multiplayer between Xbox console generations is not supported in some games. Xbox Game Pass discounts are based on Microsoft Store price and are not combinable with other offers and are not redeemable for cash. Discount offers exclude titles within 30 days of launch and are not available with select titles. Number and content of perks vary by region, platform, and over time, and must be redeemed by stated timeframe. Service, features, and requirements may change or be retired. Subject to the Microsoft Services Agreement (microsoft.com/msa).
v. For PC: a dedicated application download, Windows update(s) and storage are required (xbox.com/pcgamesplan). System requirements vary by game; performance scales with higher end systems.
vi. Game streaming: Streaming limits apply. Streaming performance is affected by internet connection, data center proximity, device, and other factors. Customer’s gameplay on other devices may be limited. More information on usage rules is available at (xbox.com/usagerules). Streamed games may have limited functionality and streaming may require compatible controller (sold separately).
vii. The Game Pass Ultimate membership is automatically renewed on monthly basis and does not stop at the end of the committed 24-month period.
(c) Warranty: Console contained within the bundle is under a 1 year limited hardware warranty (90 days for controller/accessories) regardless of the installment plan. (Microsoft Limited Hardware Warranty: https://support.microsoft.com/warranty). The Xbox console, in original sealed packaging, is not eligible for return or refund, unless there is a manufacturer default or damage (as set in the manufacturer warranty).
(d) Membership conversion: Customer’s existing Xbox Live Gold and Xbox Game Pass, and EA Play (console) membership(s) will automatically convert to Ultimate at a conversion ratio, as detailed at http://xbox.com/gamepass, https://www.ea.com/ea-play/terms.
(e) Digital Content: Customer’s digital content will be delivered directly to Customer’s console during set-up; no codes required. All included digital content will be attached to the first Microsoft account that redeems it. Further information is available at xbox.com/digitaldirect.
(f) Return / Refund: The Xbox console, in original sealed packaging, is not eligible for return or refund, unless there is a manufacturer default or damage (as set in the manufacturer warranty).
(a) The Agreement is valid and binding on and from the date on which it is submitted to and accepted by Etisalat (the “Effective Date”). The Service shall commence on the Effective Date.
(b) The Agreement has a minimum term of 24 months (“Minimum Term”), which starts on the date on which Etisalat makes the Service available to the Customer (“Activation Date”) or the date on which the Customer first uses the Service, whichever is earlier.
(a) Please see Clause 8 of the General T&Cs (Consumer) for the provisions governing the Customer obligations and restrictions that apply to the Service.
(b) The promotional offers are only applicable to the first time Customers of the Service.
(c) Customer acknowledges that prior to redeeming the monthly benefits from Microsoft, the Xbox Game Pass Ultimate, the Customer shall first sign up to Microsoft's product terms (in respect of the consoles and/or Services currently available at Xbox.com/XboxAllAccessTerms), as applicable and as may be updated from time to time by Microsoft at its discretion.
(d) Customer acknowledges and agrees that Etisalat may share personal information like mobile number or email with the Partner for the sole purpose of granting to Customer the access to the Service.
(e) The Service is provided by Etisalat as a reseller, and only in the United Arab Emirates. Etisalat is not responsible for and make no representations or warranties that the Service is appropriate or available for use in other jurisdictions outside UAE. Those who access or use the Service from other jurisdictions including from within any other Service location do so at their own risks and responsibility and are entirely responsible for compliance with all applicable local laws and regulations. Etisalat will not be liable for any breach, violation, Intellectual Property Rights or other rights infringement in relation to the Service or Content provided by the Partner or any third party in any jurisdiction outside UAE.
(f) Customer acknowledges and agrees that Etisalat’s role under these Service Specific Terms is that of a commercial reseller of the Microsoft products, and Etisalat has no control over, excludes all liability for and cannot be deemed to have endorsed the Content of any material which can be accessed by accessing or using the Service. In particular, Etisalat disclaims all warranties in this regard.
(g) Customer access to the Service or to certain features of the Service may require Customer to register for an account and login information. Customer does not have the right to share his/her account with any third party. Customer is solely responsible for maintaining the confidentiality of Customer account and password, and Customer agrees to accept responsibility for all activity on Customer account, including unauthorized use of the Service by any third party that accesses the app through Customer account, and for the security of Customer account.
(h) The Customer may be offered special promotional plans or subscriptions offered by third parties in conjunction with their own services and products. Etisalat is not responsible or liable for any loss or damage that may be suffered by the Customer as result from the product or service or relating to content provided by such third parties, and the Customer shall be responsible for compliance with the applicable terms and conditions and end user license agreements for the third party products and services.
(i) Etisalat does not make any express or implied warranties, representations or endorsements whatsoever (including warranties of title or non-infringement, or warranties as to merchantability or fitness for a particular purpose) with regard to the Service or any material or content on the Service (including any Content). In particular, Etisalat disclaims all warranties:
As to:
(i). the availability of any such Content;
(ii). the accuracy, quality or merchantability of any such Content;
(iii). compliance with any description or requirement of any such Content; or
(iv). the uninterrupted viewing of or access to any such Content;
(v) the quality of any Content accessed by Customer through Customer use of the Service will meet Customer expectations; or
(vi) any errors in the Service will be rectified.
(vii). and that any such Content will not:
1. contain any 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.
(j) Access and use of the Service by the Customer shall be personal for the Customer and any commercial use or exploitation of the Service is not allowed.
(k) The Service and the Content are provided on an "as is, as available" basis.
(l) Etisalat takes certain industry-accepted precautions to secure the Service or portions thereof. However, Etisalat does not warrant that:
(i) the use of the Service will meet Customer requirements;
(ii) the Service will always be available;
(iii) Customer use of the Service will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
(iv) the quality of any Content accessed by Customer through Customer use of the Service will meet Customer expectations; or
(v) any errors in the Service will be rectified.|
(m) Use of the Service is at the Customer’s own risk and liability and to the maximum extent permitted by applicable laws and regulations.
(n) The Customer agrees to use the Service, including all feature and any functionalities associated with it in accordance with all applicable laws and regulations, or other restrictions on use of the Service or Content therein. The Customer agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative work from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained in or obtained from or through the Service. The Customer also agrees not to: circumvent, remove, alter, deactivate, degrade any of the content Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the Service in any way; or use any data mining, data gathering or extraction method. Etisalat may terminate or restrict the Customers use of the Service if the Customer violates the terms of this Agreement or is engaged in illegal or fraudulent use of the Service.
(o) 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.
(p) 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.
(q) To the extent permitted by applicable law, Customer agrees to defend, indemnify and hold Etisalat harmless, and its Affiliates and their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by Etisalat or any of the Etisalat Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against Etisalat or any of the Etisalat Affiliates by any person and/or which Etisalat or any of the Etisalat Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
(i) Customer’s access to or use of the Service or any Content;
(ii) Customer’s breach of any of the Agreement terms and conditions;
(iii) 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;
(iv) Customer infringement or violation of any rights of a third party; or
(v) Customer infringement or violation of any applicable law.
(r) Customer’s obligations under this clause 5 shall survive any termination of Customer 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.
(a) Customer acknowledges, confirms and understands that the Service is licensed strictly for Customer’s personal use in the United Arab Emirates.
(b) Customer also acknowledges and confirms that he/she will not under any circumstance, share, use or transfer the Service, or facilitate or cause the Service to be shared, used or transferred to any person or entity which does not officially reside in the United Arab Emirates or does not possess a valid United Arab Emirates residence visa or Emirates ID Card.
(c) Customer further acknowledges and confirms that he/she will not under any circumstance, sell, export, use or transfer the Service, or facilitate or cause the Service to be sold, exported, used or transferred to any person, entity or destination outside the United Arab Emirates.
(d) Customer specifically acknowledges and confirms that he/she will not under any circumstance, sell, export, use or transfer the Service, or facilitate or cause the Service to be sold, exported, used or transferred to any person, entity or destination in Cuba, Iran, North Korea or Syria, or to any blacklisted country or entity by virtue of any applicable UAE law, regulation or governmental instrument.
Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
Please see Clause 18 of the General T&Cs (Business) for the provisions governing the suspension, disconnection and termination of the Service or the Agreement by Etisalat.
(a) This Service is sold as an add-on to mobile and fixed postpaid lines only and subject to eligibility rules as per Etisalat customer credit policy.
(b) The subscription is with a 24 months’ commitment. In case of cancellation that can occur on Customer’s request, all remaining instalments will have to be settled, paid by the Customer in full and the service, including the GPU membership, is stopped immediately.
(c) All other Charges that apply to the Service are set out on Etisalat’s website (www.etisalat.ae) and are available upon request by using any of the communications channels referred to in the General T&Cs (Consumer).
Etisalat may, at its sole discretion and without your prior written consent, assign or transfer the Agreement and any or all of its rights and obligations under the Agreement to any subsidiary, affiliate, sister or group company of Etisalat, which entity shall assume all rights, obligations and liabilities of Etisalat and observe and perform all of the obligations of Etisalat under the Agreement as if it were the original party. Such transfer may take place upon Etisalat providing written notice to you, without the need to take any further consent from you (which is hereby deemed given) or the need to enter into further agreements. You explicitly agree and confirm that the notice will be deemed validly served and delivered to you and effective by the publication of the notice on the main website of Etisalat or communicated to you by any other means that are deemed appropriate by Etisalat.
Your first month's device rental will be deducted from your credit card immediately upon a successful payment transaction. You will then be securely registered into the Etisalat Auto Pay service, where your monthly device rental shall be deducted from your credit card automatically.
Important: The customer's name enrolling into Smart pay must match the name on the payment card and Emirates ID card used (Both cards must also be present at the time of delivery).
Your SmartPay purchase is subject to profile verification. In case your request is rejected, your advance payment will be adjusted in your bill.
These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Xbox All Access, the “Service”, by Etisalat to the Customer, in addition to the other constituent parts of the Agreement between Etisalat and the Customer.
(a) “Agreement” means the entire contractual agreement between Etisalat and the Customer in relation to the Service, comprising of those constituent parts listed in clause 2 (b) and 3 of the General T&Cs (Consumer).
(b) “Content” means games available through the Microsoft Game Pass Ultimate.
(c) “Customer” means the person who purchases or subscribes to the Service.
(d) “Eligibility / Eligible Customer: This Service is sold as an add-on to mobile and fixed post-paid lines only and subject to eligibility rules as per Etisalat customer credit policy.
(e) “Etisalat by e&” means Emirates Telecommunications Group Company P.J.S.C.
(f) “General T&Cs (Consumer)” means Etisalat’s general terms and conditions for consumer (i.e. non-business) products and services, which are published on Etisalat’s website and are available through the other communications channels referred to in clause 2(h) General T&Cs (Consumer).
(g) “Minimum Term” has the meaning given to it in clause 4(b)..
(h) “Service” means Xbox All Access Bundle, provided as an add-on to mobile and fixed post-paid lines only and subject to eligibility rules as per Etisalat customer credit policy, as described in more detail in Clause 3.
(i) “Partner” means Microsoft that has contracted with Etisalat and signed Microsoft Service Agreement for the provision of the Service and Content.
(a) The Service consists of the following elements:
i. a Xbox Series X console or Xbox Series S console;
ii. an interest free instalment plan over 24 months for the Xbox console.
iii. a Xbox GamePass Ultimate (GPU) monthly membership with a minimum commitment period of 24 months; the GPU membership is automatically renewed on monthly basis and shall continue after the commitment period unless terminated by the Customer on the 24th month.
(b) Xbox Game Pass Ultimate:
i. Digital Direct: Customer’s monthly Xbox Game Pass Ultimate membership is delivered directly to Customer’s console during set-up and is available in its settings; no codes required. It must be redeemed on the console purchased in the bundle. Customer shall use Customer’s active Xbox Game Pass Ultimate membership to play games on Xbox One and successor consoles, and Windows 10 PC (excludes Windows 10 in S mode and on ARM devices), and stream select games (where available) to Customer’s supported devices. Xbox Game Pass Ultimate includes Xbox Game Pass for Console, Xbox Game Pass for PC, Xbox Live Gold and additional benefits.
ii. Note: Purchase of Xbox Game Pass Ultimate automatically upgrades customer’s existing Xbox Live Gold, Xbox Game Pass, and/or EA Access/EA Play membership(s) to Xbox Game Pass Ultimate at a conversion ratio each based on days remaining. Details are available at www.xbox.com/gamepass. Future code redemptions are also subject to a conversion ratio. Conversion ratio is subject to change. All conversions to Xbox Game Pass Ultimate are final. Once converted, Customer cannot re-convert Customer’s Xbox Game Pass Ultimate membership back to a previous membership.
iii. EA Access is subject to the following terms: https://www.ea.com/ea-access/terms. Other existing subscriptions may also be subject to conversion. Maximum 36 months of redeemed Xbox Game Pass Ultimate per account at a time, including any converted time from Xbox Live Gold and/or Xbox Game Pass (for PC or console). Game titles, number, and features vary over time, by region and platform.
iv. Notice before purchase of add-ons, DLC, consumables, virtual currency, or subscriptions (sold separately): If Customer’s membership terminates or a game is removed from the catalog, Customer must reactivate Customer’s membership or buy the game separately to continue using these items. Requires download(s) (significant storage, broadband, and ISP fees apply) and Microsoft account. May require additional hardware and subscriptions. Age restrictions apply. Online multiplayer between Xbox console generations is not supported in some games. Xbox Game Pass discounts are based on Microsoft Store price and are not combinable with other offers and are not redeemable for cash. Discount offers exclude titles within 30 days of launch and are not available with select titles. Number and content of perks vary by region, platform, and over time, and must be redeemed by stated timeframe. Service, features, and requirements may change or be retired. Subject to the Microsoft Services Agreement (microsoft.com/msa).
v. For PC: a dedicated application download, Windows update(s) and storage are required (xbox.com/pcgamesplan). System requirements vary by game; performance scales with higher end systems.
vi. Game streaming: Streaming limits apply. Streaming performance is affected by internet connection, data center proximity, device, and other factors. Customer’s gameplay on other devices may be limited. More information on usage rules is available at (xbox.com/usagerules). Streamed games may have limited functionality and streaming may require compatible controller (sold separately).
vii. The Game Pass Ultimate membership is automatically renewed on monthly basis and does not stop at the end of the committed 24-month period.
(c) Warranty: Console contained within the bundle is under a 1 year limited hardware warranty (90 days for controller/accessories) regardless of the installment plan. (Microsoft Limited Hardware Warranty: https://support.microsoft.com/warranty). The Xbox console, in original sealed packaging, is not eligible for return or refund, unless there is a manufacturer default or damage (as set in the manufacturer warranty).
(d) Membership conversion: Customer’s existing Xbox Live Gold and Xbox Game Pass, and EA Play (console) membership(s) will automatically convert to Ultimate at a conversion ratio, as detailed at http://xbox.com/gamepass, https://www.ea.com/ea-play/terms.
(e) Digital Content: Customer’s digital content will be delivered directly to Customer’s console during set-up; no codes required. All included digital content will be attached to the first Microsoft account that redeems it. Further information is available at xbox.com/digitaldirect.
(f) Return / Refund: The Xbox console, in original sealed packaging, is not eligible for return or refund, unless there is a manufacturer default or damage (as set in the manufacturer warranty).
(a) The Agreement is valid and binding on and from the date on which it is submitted to and accepted by Etisalat (the “Effective Date”). The Service shall commence on the Effective Date.
(b) The Agreement has a minimum term of 24 months (“Minimum Term”), which starts on the date on which Etisalat makes the Service available to the Customer (“Activation Date”) or the date on which the Customer first uses the Service, whichever is earlier.
(a) Please see Clause 8 of the General T&Cs (Consumer) for the provisions governing the Customer obligations and restrictions that apply to the Service.
(b) The promotional offers are only applicable to the first time Customers of the Service.
(c) Customer acknowledges that prior to redeeming the monthly benefits from Microsoft, the Xbox Game Pass Ultimate, the Customer shall first sign up to Microsoft's product terms (in respect of the consoles and/or Services currently available at Xbox.com/XboxAllAccessTerms), as applicable and as may be updated from time to time by Microsoft at its discretion.
(d) Customer acknowledges and agrees that Etisalat may share personal information like mobile number or email with the Partner for the sole purpose of granting to Customer the access to the Service.
(e) The Service is provided by Etisalat as a reseller, and only in the United Arab Emirates. Etisalat is not responsible for and make no representations or warranties that the Service is appropriate or available for use in other jurisdictions outside UAE. Those who access or use the Service from other jurisdictions including from within any other Service location do so at their own risks and responsibility and are entirely responsible for compliance with all applicable local laws and regulations. Etisalat will not be liable for any breach, violation, Intellectual Property Rights or other rights infringement in relation to the Service or Content provided by the Partner or any third party in any jurisdiction outside UAE.
(f) Customer acknowledges and agrees that Etisalat’s role under these Service Specific Terms is that of a commercial reseller of the Microsoft products, and Etisalat has no control over, excludes all liability for and cannot be deemed to have endorsed the Content of any material which can be accessed by accessing or using the Service. In particular, Etisalat disclaims all warranties in this regard.
(g) Customer access to the Service or to certain features of the Service may require Customer to register for an account and login information. Customer does not have the right to share his/her account with any third party. Customer is solely responsible for maintaining the confidentiality of Customer account and password, and Customer agrees to accept responsibility for all activity on Customer account, including unauthorized use of the Service by any third party that accesses the app through Customer account, and for the security of Customer account.
(h) The Customer may be offered special promotional plans or subscriptions offered by third parties in conjunction with their own services and products. Etisalat is not responsible or liable for any loss or damage that may be suffered by the Customer as result from the product or service or relating to content provided by such third parties, and the Customer shall be responsible for compliance with the applicable terms and conditions and end user license agreements for the third party products and services.
(i) Etisalat does not make any express or implied warranties, representations or endorsements whatsoever (including warranties of title or non-infringement, or warranties as to merchantability or fitness for a particular purpose) with regard to the Service or any material or content on the Service (including any Content). In particular, Etisalat disclaims all warranties:
As to:
(i). the availability of any such Content;
(ii). the accuracy, quality or merchantability of any such Content;
(iii). compliance with any description or requirement of any such Content; or
(iv). the uninterrupted viewing of or access to any such Content;
(v) the quality of any Content accessed by Customer through Customer use of the Service will meet Customer expectations; or
(vi) any errors in the Service will be rectified.
(vii). and that any such Content will not:
1. contain any 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.
(j) Access and use of the Service by the Customer shall be personal for the Customer and any commercial use or exploitation of the Service is not allowed.
(k) The Service and the Content are provided on an "as is, as available" basis.
(l) Etisalat takes certain industry-accepted precautions to secure the Service or portions thereof. However, Etisalat does not warrant that:
(i) the use of the Service will meet Customer requirements;
(ii) the Service will always be available;
(iii) Customer use of the Service will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
(iv) the quality of any Content accessed by Customer through Customer use of the Service will meet Customer expectations; or
(v) any errors in the Service will be rectified.|
(m) Use of the Service is at the Customer’s own risk and liability and to the maximum extent permitted by applicable laws and regulations.
(n) The Customer agrees to use the Service, including all feature and any functionalities associated with it in accordance with all applicable laws and regulations, or other restrictions on use of the Service or Content therein. The Customer agrees not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative work from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained in or obtained from or through the Service. The Customer also agrees not to: circumvent, remove, alter, deactivate, degrade any of the content Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the Content of the Service in any way; or use any data mining, data gathering or extraction method. Etisalat may terminate or restrict the Customers use of the Service if the Customer violates the terms of this Agreement or is engaged in illegal or fraudulent use of the Service.
(o) 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.
(p) 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.
(q) To the extent permitted by applicable law, Customer agrees to defend, indemnify and hold Etisalat harmless, and its Affiliates and their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by Etisalat or any of the Etisalat Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against Etisalat or any of the Etisalat Affiliates by any person and/or which Etisalat or any of the Etisalat Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
(i) Customer’s access to or use of the Service or any Content;
(ii) Customer’s breach of any of the Agreement terms and conditions;
(iii) 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;
(iv) Customer infringement or violation of any rights of a third party; or
(v) Customer infringement or violation of any applicable law.
(r) Customer’s obligations under this clause 5 shall survive any termination of Customer 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.
(a) Customer acknowledges, confirms and understands that the Service is licensed strictly for Customer’s personal use in the United Arab Emirates.
(b) Customer also acknowledges and confirms that he/she will not under any circumstance, share, use or transfer the Service, or facilitate or cause the Service to be shared, used or transferred to any person or entity which does not officially reside in the United Arab Emirates or does not possess a valid United Arab Emirates residence visa or Emirates ID Card.
(c) Customer further acknowledges and confirms that he/she will not under any circumstance, sell, export, use or transfer the Service, or facilitate or cause the Service to be sold, exported, used or transferred to any person, entity or destination outside the United Arab Emirates.
(d) Customer specifically acknowledges and confirms that he/she will not under any circumstance, sell, export, use or transfer the Service, or facilitate or cause the Service to be sold, exported, used or transferred to any person, entity or destination in Cuba, Iran, North Korea or Syria, or to any blacklisted country or entity by virtue of any applicable UAE law, regulation or governmental instrument.
Etisalat will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
Please see Clause 18 of the General T&Cs (Business) for the provisions governing the suspension, disconnection and termination of the Service or the Agreement by Etisalat.
(a) This Service is sold as an add-on to mobile and fixed postpaid lines only and subject to eligibility rules as per Etisalat customer credit policy.
(b) The subscription is with a 24 months’ commitment. In case of cancellation that can occur on Customer’s request, all remaining instalments will have to be settled, paid by the Customer in full and the service, including the GPU membership, is stopped immediately.
(c) All other Charges that apply to the Service are set out on Etisalat’s website (www.etisalat.ae) and are available upon request by using any of the communications channels referred to in the General T&Cs (Consumer).
Etisalat may, at its sole discretion and without your prior written consent, assign or transfer the Agreement and any or all of its rights and obligations under the Agreement to any subsidiary, affiliate, sister or group company of Etisalat, which entity shall assume all rights, obligations and liabilities of Etisalat and observe and perform all of the obligations of Etisalat under the Agreement as if it were the original party. Such transfer may take place upon Etisalat providing written notice to you, without the need to take any further consent from you (which is hereby deemed given) or the need to enter into further agreements. You explicitly agree and confirm that the notice will be deemed validly served and delivered to you and effective by the publication of the notice on the main website of Etisalat or communicated to you by any other means that are deemed appropriate by Etisalat.