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X-GOLF MIDDLE EAST TERMS & CONDITIONS

Thank you for accessing www.xgolf.ae (the “Website”). Please read these terms and conditions (the “Terms”) before using the Website which is operated by X-Golf ME Games Trading LLC, whose registered office is at Building 3, Bay Square, Dubai, UAE (“X-Golf Middle East”). By using the Website, you signify your acceptance of the Terms in consideration of which X-Golf Middle East provides you with access. From time to time X-Golf Middle East may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If at any time you do not wish to accept the Terms, you may not use the Website.

NO RELIANCE

While X-Golf Middle East has endeavoured to ensure the accuracy of the information accessed via the Website, X-Golf Middle East does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. LINKS There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of X-Golf Middle East and X-Golf Middle East is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by X-Golf Middle East in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which X-Golf Middle East does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

INTELLECTUAL PROPERTY

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material (“Content”) is protected by copyright, trade mark and/or other proprietary rights. The Content includes both content owned or controlled by X-Golf Middle East and content owned or controlled by third parties and licensed to X-Golf Middle East. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website. You may not use any of X-Golf Middle East’s trademarks or trade names without X-Golf Middle East’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks. You agree to notify X-Golf Middle East in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS

You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website. Download of Content from the Website is permitted by X-Golf Middle East provided only that: (i) you make no more than one printed copy of such download and no further copies of such printed copy are made; (ii) you make only personal, non-commercial use of such download and/or printed copy; and (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.

PERMISSIONS

If you would like information about obtaining X-Golf Middle East’s permission to use any of the Content or if you would like to link your website to the Website, email your enquiry to X-Golf Middle East at info@xgolf.ae or call us on +971 (0)50 427 7344

NO WARRANTY

The Website and the Content are provided “as is”. X-Golf Middle East excludes all guarantees and warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of guarantees and warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. X-Golf Middle East further accepts no responsibility or liability for functions contained on the Website and makes no guarantees or warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied guarantees and warranties, so some or all of the above exclusions may not apply to you. X-Golf Middle East does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and X-Golf Middle East is not liable for any damage you may suffer as a result of such destructive features. X-Golf Middle East shall not be held responsible for Content provided by third parties. X-Golf Middle East is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website. These Terms do not affect your statutory rights or your legal rights as a consumer. Where terms are implied by statute, they are excluded to the extent permissible by law.

LIMITATION OF LIABILITY

You acknowledge that your use of the Website, including the Content, is at your own risk. If you are dissatisfied with the Website, the Terms, or any or the Content, your sole remedy is to discontinue use of the Website. To the extent permitted by law, X-Golf Middle East excludes all liability to you and all third parties for any direct, special, indirect, consequential or incidental costs, losses, expenses and damages, exemplary or lost profits, or any other damages of any kind incurred in any way (including negligence), even if X-Golf Middle East has been advised of the possibility thereof, connected with any use or access to the Website.

LOCAL LAWS AND REGULATIONS

The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. X-Golf Middle East does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY

You agree to indemnify, defend, and hold harmless each of X-Golf, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of X-Golf Middle East, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against X-Golf Middle East, its employees, representatives, suppliers, or agents is based on or arises in connection with: (i) your use of the Website; (ii) any breach by you of the Terms; (iii) a claim that any use of the Website by you: (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or (b) is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or (v) any misrepresentation or breach of representation or warranty made by you. References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such third party accesses the Website using your computer. You agree to pay X-Golf Middle East, its employees, representatives and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TRANSMISSION AND FEEDBACK OF INFORMATION

Any personal information you transmit through this Website is subject to X-Golf Middle East’s privacy policy. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law. You agree that X-Golf Middle East may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.

SEVERANCE & WAIVER

If any provision of the Terms is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term.

ENTIRE AGREEMENT

Except as provided herein, the Terms are the entire agreement between us relating to the Website and supersede any prior understanding or agreements (written or oral).

GOVERNING LAW AND JURISDICTION

The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.