TERMS OF SALE
Last Modified: 20 May 2019
By purchasing this App (“Product“) offered by the ENTERTAINER group of companies, its subsidiaries and affiliates (collectively, the “Company,” “we” or “our“) 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.
When you attempt to purchase any Product on our Website by clicking the “Buy” or equivalent option, this constitutes an offer to buy the Product. 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.
- Products sold by the Company 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.
You may only pay for Products purchased on our Website using a valid credit or debit card.
ONLY APPLICABLE FOR 14 Day Taster Product purchases
- When purchasing any ENTERTAINER 14 Day Taster product on our Website (14 Day Taster) using a valid credit card between 20th May 2019 and 12.01am (GST) 2nd June 2019 inclusive, for the nominated amount inclusive of any sales tax/VAT as specified on the Website, you will be entitled to the use of the said 14 Day Taster for the period of 14 days from the date of purchase (14 Day Taster Validity Period) and upgraded to the full ENTERTAINER Product unless you select to cancel the automatic upgrade as set out below (see “How to Cancel Automatic Upgrade” below). It is acknowledged and agreed that the 14 Day Taster is not the full ENTERTAINER Product and that a number of features or certain content is not available in a 14 Day Taster which is otherwise available in full ENTERTAINER Products.
- If you select to purchase a 14 Day Taster the following provisions will apply
- You authorize us to store your credit card which you provide on our Website and, unless you select to cancel the automatic upgrade (see “How to Cancel Automatic Upgrade” below) during the 14 Day Taster Validity Period of each 14 Day Taster purchased, your credit card will be charged the applicable best available rate of a full ENTERTAINER Product for each 14 Day Taster purchased in the period commencing on 20th May 2019 to 12.01am 2nd June 2019 (GST) inclusive.
- If you do not cancel the automatic upgrade and a credit card payment is unsuccessful for whatever reason, we will freeze your use of the Product(s). We reserve the right to impose additional charges (including bank charges/fees/interest) for all unpaid amounts, freeze your Entertainer membership account and/or blacklist any device connected to the Entertainer membership account if such unpaid amounts are not paid by you.
- How to Cancel Automatic Upgrade: You may select to cancel the automatic upgrade to the full ENTERTAINER Product at any time during the 14 Day Taster Validity Period of a purchased 14 Day Taster by removing your credit card details stored on your profile page on the ENTERTAINER App (see diagram below) or by contacting Customer Service. Please note that if by midnight (GST) of the expiration of a 14 Day Taster Validity Period you have not removed the credit card details from your profile on the ENTERTAINER App/Website, you will be charged the applicable best available rate of the respective full ENTERTAINER Product of each 14 Day Taster purchased immediately prior and your profile will be upgraded with the respective full ENTERTAINER Product.
Warranties and Other Information
- Unless stated otherwise in the offer’s deal terms, 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.
© the ENTERTAINER All rights reserved.